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

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

Vol. 157 WASHINGTON, TUESDAY, MARCH 8, 2011 No. 34 House of Representatives The House met at 2 p.m. and was In fact, in 1990, the Government Ac- business with Medicare, and the burden called to order by the Speaker pro tem- countability Office, GAO, listed both is on the government to remove a com- pore (Mr. YODER). Medicare and Medicaid as high risk be- pany from the Medicare program. This f cause these programs are vulnerable to needs to change to allow the govern- waste, fraud, abuse, and mismanage- ment to remove bad actors from the DESIGNATION OF SPEAKER PRO ment. Now, how badly mismanaged are program quickly and efficiently. TEMPORE we talking about? Well, the GAO re- Secondly, Medicare needs to signifi- The SPEAKER pro tempore laid be- cently issued a report that there was cantly improve their provider and sup- fore the House the following commu- $48 billion just in improper payments. plier screening process. While individ- nication from the Speaker: This isn’t fraud. This is just improper uals have a right to Medicare, compa- WASHINGTON, DC, payments. So when it comes to fraud, nies do not have a right to become or March 8, 2011. it is estimated anywhere from $60 bil- stay a Medicare provider. I hereby appoint the Honorable KEVIN lion to $90 billion is lost to Medicare Third, Medicare needs to shift away YODER to act as Speaker pro tempore on this fraud every year. from a fee-for-service program. A day. During this hearing, I asked the Di- capitated managed care organization JOHN A. BOEHNER, provides a strong financial incentive to Speaker of the House of Representatives. rector of Medicare Program Integrity, whose job it is to protect Medicare the managed care organization to f eliminate fraud and abuse. It is the against fraud and abuse, if he knew managed care plan that has the finan- MORNING-HOUR DEBATE how much money is lost to fraud in cial risk and not the United States Medicare. He could not answer this The SPEAKER pro tempore. Pursu- Federal Government when criminals question. The following week, Sec- ant to the order of the House of Janu- perform fraud. Managed care organiza- ary 5, 2011, the Chair will now recog- retary Sebelius was asked in a Health tions present their own set of chal- nize Members from lists submitted by Subcommittee hearing if she knew how lenges but need to be considered when the majority and minority leaders for much money was lost to fraud in Medi- discussing reforms to eliminate fraud morning-hour debate. care. Her answer: ‘‘If we knew how big in Medicare. The Chair will alternate recognition it was, we’d hopefully shut it down.’’ And fourth, Medicare needs to in- between the parties, with each party But in my hearing, Special Agent crease the role of physicians in detect- limited to 1 hour and each Member Omar Perez, the head of the Medicare ing and preventing fraud themselves. other than the majority and minority Fraud Strike Force in the Miami re- Medicare providers and suppliers must leaders and the minority whip limited gion of Florida for the Office of the In- use a doctor’s prescription to obtain to 5 minutes each, but in no event shall spector General, testified he was able government reimbursement. Bad actors debate continue beyond 3:50 p.m. to find $3.8 billion in Medicare fraud. forge these documents. Previously, the f My colleagues, this is one city. If ex- GAO has recommended that Medicare trapolated across 50 States, with al- MEDICARE FRAUD require that physicians receive a state- most 20,000 municipalities, you can see ment of Medicare home health services The SPEAKER pro tempore. The how we could get to $60 billion to $90 that their patients receive so they can Chair recognizes the gentleman from billion in fraud. According to the In- review the documents. This will allow Florida (Mr. STEARNS) for 5 minutes. spector General, Medicare fraud is them to look at it carefully and detect Mr. STEARNS. Mr. Speaker, last more lucrative than the drug trade, any potential misuse of their author- week, as chairman of the Oversight and with easy money, less violence, and izations. Investigations Subcommittee of En- lighter punishments. And organized And lastly, Medicare needs to use ergy and Commerce, I held a hearing crime is taking notice and getting in- predictive computer modeling and on the problem of Medicare fraud. This volved in defrauding Medicare. other technologies. The credit card in- is not a new issue. It has been a con- So here are five reform ideas that dustry uses this modeling to identify tinuing problem with Medicare, and I came out of this hearing that were potentially fraudulent transactions. have been concerned about Medicare mentioned to help secure Medicare Medicare and Medicaid should adopt fraud for some time here. Last Con- against criminals engaged in defraud- this style of analysis to prevent fraud- gress, I introduced a bill to increase ing the program. ulent claims. the civil and criminal penalties on First, Medicare needs to maintain Mr. Speaker, these are five simple those who defraud the Medicare pro- better control over their provider net- ideas to empower the Medicare program. work. It is easy for a company to do gram to stop the fraud in this system,

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

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The Secretary of Health and choices, and they make their wishes b 1410 Human Services could not even come known, their choice is honored and re- up with a number. And think of that. spected. These results affirm that health care After 45 years of this program, no one It is a mistake as we have these con- is deeply personal and that people want knows how much fraud is in Medicare, versations to confuse the high cost of to know their options, stay in control and no steps have been taken to really end of life with concerns about health of their care, and be in a position to analyze and find out. Yet we have all care reform. When people are seriously help their loved ones. This poll indi- the baby boomers that are beginning to ill, they have high health care spend- cates that 97 percent of Americans retire. The cost of Medicare will ex- ing, and there is nothing wrong with polled believe that it is important that plode, and the hidden cost of fraud will that. That is a natural consequence of patients and their families be educated increase. what happens when people need more about palliative care and care options My committee will forward the mate- hospitalization, more intense activity. available to them when they’re seri- rial from the Oversight and Investiga- But too often, the sickest and most ously ill. tion hearing to the Health Sub- vulnerable have negative experiences Over 80 percent of Americans polled committee to start to develop legisla- in our complex health care system, believe that discussions about pallia- tion to address these problems with which creates unnecessary strains on tive care and other treatment options Medicare fraud. We have a $1.5 trillion both the patients and the caregivers, should be fully covered by health insur- deficit, and eliminating waste, fraud, and it is a mistake to somehow confuse ance, including Medicare. By a more and abuse is necessary to balance our this with people who are seriously ter- than three to one margin, people iden- budget, and we should start now. minally ill. Forty percent of all people tified that it’s more important to enhance the quality of life for someone f who are hospitalized can’t make decisions for themselves. This is a real who is seriously ill rather than just LIVING WELL AT THE END OF stress on them, on families, and the simply extend life. LIFE: A NATIONAL CONVERSATION ones who have been given the responsi- It pointed out that as a result of The SPEAKER pro tempore. The bility to try and guess what is in their some of the, I would think, bizarre con- Chair recognizes the gentleman from best interests. versation that has surrounded this Oregon (Mr. BLUMENAUER) for 5 min- I have heard countless stories about issue, including the 2009 PolitiFact’s utes. how our health care system has failed Lie of the Year about death panels, Mr. BLUMENAUER. Mr. Speaker, I patients during these medically and that elected officials and political can- had the privilege this morning to par- emotionally complex episodes. Both didates, according to this survey, are ticipate in a fascinating in-depth dis- colleagues on our Ways and Means actually the worst source in people’s cussion sponsored by the National Committee—and we’re dealing with minds for information. The good news Journal and The Regence Foundation, health care reform—friends, and wit- is that they trust religious leaders, ‘‘Living Well at the End of Life: A Na- nesses have come forward time and health care providers and doctors, in- tional Conversation.’’ It was made pos- time again with how a parent, a surance companies. sible by the Regents Group, an insur- spouse, a friend ended up on auto pilot And the most trusted are friends and ance company headquartered in my in the health care system, in and out of family, which illustrates why we need hometown, Portland, Oregon, and the hospitals, confused by all the special- to work aggressively in educating all deep commitment that its president ists, decisions being made around them Americans about the choices that are and CEO, Mark Ganz, has to be able to but not with them. available to them and how those make sure that families have the infor- We can do better. We know how to do choices are respected. It’s time to start mation, the tools they have necessary better. There are successful models of now.

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These are not the pirates are getting bolder, and they are in Congress today, I know that I stand Blackbeard, eye-patched, hook-for-a- getting more violent. on the shoulders of these women giants hand, peg-legged kind of pirates from America has been dealing with the who have sacrificed so much in the the Hollywood movies. The modern-day threat of pirates since the days of our past. pirates are skilled, rich, violent, armed Founding Fathers, over 200 years ago. But we must also recognize that with automatic weapons, and are driv- During the youngest years of America, much needs to be done right here in the en by a business that is generating up the Barbary states would blackmail United States. In our country, women to $7 billion a year. American ships and the United States make only 77 percent of the paycheck My constituents from Texas, Bill by demanding money in return for the that a male would make doing the Rouse and his wife Judy, have navi- safety of U.S. ships that crossed the same job. We know that even after 100 gated the oceans for years. Recently, Mediterranean Sea. For years, the years it is too soon to declare: Mission they and another group of inter- United States and European govern- accomplished. national navigators and sailors decided ments paid the humiliating tribute to Recent news reports in Afghanistan that Somalia and the Somalian pirates protect the ships, but then in 1801 the show efforts in Afghanistan to pass leg- had made the seas too dangerous to Barbary pirates felt the wrath of the islation that would shut down domestic sail in that region, forcing them to United States when Thomas Jefferson violence shelters. Turning our atten- transport their ships and boats by sent the United States Navy and the tion closer to home, in Haiti, we find barges to safer ports. Bill said that we United States Marine Corps to take that after the devastating earthquake, cannot allow a bunch of thugs to take care of business with the Barbary pi- UNICEF has found that the rapes in an entire ocean away from the world. rates. Haiti are at an all time high. But we’ve And that is exactly what these pirates This was the most famous action of also been fixated in recent weeks by are trying do. They have taken control the marines during this time. And the the protests and push for democracy of parts of the ocean and are trying to phrase, ‘‘from the shores of Tripoli,’’ sweeping the Middle East. And women mock the most powerful nations on has been immortalized in the marine have been leading the charge. Earth, including ours. hymn. Jefferson sent a clear message We must also acknowledge the Days before the ill-fated American to the Barbary states and their pirates: shameful plight of hundreds of thou- ship Quest left for their journey, Bill don’t mess with the United States. And sands of mothers-to-be around the asked Scott Adam to join them in they didn’t for 200 years. The Somalian globe who die because of pregnancy or transporting their boats. Adam, the pirates should study a little American child-related complications. It’s skipper, said of the Quest, the Quest history. If they would, they’d find out shameful that the simple act of child- was circumnavigating the globe, and it that there will be a day of reckoning birth remains a death sentence for hun- was a lifelong quest. And they contin- that will eventually come to them and dreds of thousands of women and girls ued on their trip, although it turned their evil ways. Thomas Jefferson de- around the world. out to be doomed, in the Indian Ocean. stroyed them. We will see what hap- Just a week after Scott Adam and pens now. b 1420 three other Americans were captured, Our Constitution gives us the author- We must recommit ourselves to the they were executed pirate-style after ity in article I, section 8: ‘‘To define Millennium Development Goal to re- Somali pirates captured the ship the and punish piracies and felonies com- duce dying from pregnancy or child- Quest. mitted on the high seas.’’ These ocean birth. Pirates have also hijacked and kid- lines are essential to American com- Last, I had the honor of attending napped a Danish family. Bill Rouse has merce and travel, and we must do ev- the State Department’s Women of also met with these people on this erything in our power to stop the pi- Courage ceremony to honor 10 women. doomed ship. This family, including rates off the Somalian coast. These pi- They were: small children, is now on the Somali rates of the seas must find out that if Maria Bashir, a prosecutor general in mainland, still held hostage. Their cap- they continue to mess with the United Afghanistan. She handles cases on be- tors have arrogantly warned that any States, they will find themselves in a half of women victims of domestic military effort to save them will result de´ja` vu of 1801. And they, like the pi- abuse. in their immediate execution. rates before them, will disappear in the Nasta Palazhanka, who at age 20 has Bill has told me of other stories ash heap of history. led peaceful protests and called atten- about the tight-knit community of And that’s just the way it is. tion to the plight of families of polit- people sailing in that region from all f ical prisoners. over the world. And they have been Henriette Ekwe Ebongo from Cam- forced off of the sea because of the pi- INTERNATIONAL WOMEN’S DAY eroon, a political activist and publisher rates. There are not enough resources The SPEAKER pro tempore. The of Bebela, she spent a lifetime advanc- to respond to these constant threats; Chair recognizes the gentlewoman from ing press freedom, human rights, good and these pirates not only kidnap, Wisconsin (Ms. MOORE) for 5 minutes. governance, and gender equality. murder, and hold for ransom small Ms. MOORE. I rise today as the From China, Guo Jianmei, a lawyer. boat owners, but attack freighters and Democratic cochair of the Women’s Founder of the Women’s Law Center at other commercial vessels as well. Caucus to celebrate the 100th anniver- Peking University, she helped to create In just 2010, Somali pirates hijacked sary of International Women’s Day. a corps of lawyers to defend public in- 53 ships and held a total of 1,100 hos- Mr. Speaker, I’m so pleased to join terest cases, especially affecting tages for ransom; and pirate attacks millions in our Nation and around the women and other vulnerable groups. have increased dramatically in recent world in commemorating this Inter- From Cuba, Yoani Sanchez. She has months. Here is a drawing of the recent national Women’s Day. We celebrate an international following for her blog attacks of the pirates in the Indian courageous women in places like Af- to provide insight into life in Cuba and Ocean. The red represents all of the pi- ghanistan, Iraq, Egypt, Sudan, and to expand information flow and free ex- rate attacks between March of 2009 up elsewhere, who continue to fight the pression throughout Cuba. until October of 2010. But the blue, good fight at great risk to their own Agnes Osztolykan, elected to the which you see just as much of, rep- lives in the face of being ostracized and Hungarian Parliament in 2010, the only resents the attacks by pirates in the persecuted by their families and com- female Roma Member of Parliament in Indian Ocean in just the last 4 months. munities, for women’s abilities to be Hungary. Piracy is a growing business because included in the societies in which they From Jordan, Eva Abu Halaweh has nations pay the ransom. Every dollar live. dedicated her career to advocating for

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When Peking University ap- From Mexico, the first woman ever WITH SPECIAL GUEST peared to bow to official pressure, and closed appointed to the position of Assistant First Lady Michelle Obama her center, Ms. Guo responded by estab- PROGRAM PARTICIPANTS lishing her own law firm. The memory of the Attorney General, Marisela Morales plight of the women in her village drives her The Honorable Hillary Rodham Clinton, Ibanez, a leader in bringing to justice to continue to fight to improve the lives of Secretary of State some of Mexico’s most dangerous and the underprivileged. Mrs. Michelle Obama, First Lady of the United YOANI SANCHEZ notorious criminals. States CUBA Last but certainly not least, from The Honorable Melanne Verveer, Blogger, technological innovator, and Ambassador-at-Large for Global Women’s Issues Pakistan, Ghulam Sughra has become emerging civil society leader Yoani Sanchez her village’s first female high school The Honorable Julia Gillard, M.P., Prime has attracted an international following for graduate and the first teacher at the Minister of Australia her blog, Generacı´on Y, which gives readers first school for girls. Mr. Lloyd Blankfein, Chairman and CEO of unprecedented insight into life in Cuba. She Goldman Sachs has worked to improve the ability of ordi- Thank you so much for these women AWARD RECIPIENTS nary Cubans to access and disseminate information, and to expand information flow and and thanks for International Women’s Ms. Maria Bashir, Afghanistan Day. free expression throughout Cuba. In 2009, Ms. Nasta Palazhanka, Belarus* Sanchez was detained and roughed up by [From the Department of State, United Ms. Henriette Ekwe Ebongo, Cameroon Cuban state security agents. She lives with States of America, Mar. 8, 2011] Ms. Jianmei Guo, China daily fear that she could be jailed and ac- cepts that she will always pay a price for her Ms. Yoani Sanchez, Cuba* 2011 INTERNATIONAL WOMEN OF COURAGE work as long as the current governmental AWARDS CEREMONY The Honorable Agnes Osztolykan, Hungary system continues. 100TH ANNIVERSARY OF INTERNATIONAL Ms. Eva Abu Halaweh, Jordan AGNES OSZTOLYKAN WOMEN’S DAY Her Excellency Roza Otunbayeva, President of HUNGARY the Kyrgyz Republic Defying the odds, Agnes Osztolykan was THE SECRETARY OF STATE’S INTER- Ms. Marisela Morales Iban˜ ez, Mexico elected to Hungarian Parliament in 2010, and NATIONAL WOMEN OF COURAGE Ms. Ghulam Sughra, Pakistan is the only female Roma Member of Par- AWARDS liament (MP) in Hungary. Ms. Osztolykan * Unable to attend awards ceremony On the 100th anniversary of International speaks out for Roma people in the face of Women’s Day, Hillary Rodham Clinton, Sec- MARIA BASHIR open hostility, fearlessly advocating for the equal rights and inclusion of Roma in Hun- retary of State will present the fifth annual AFGHANISTAN garian society. As deputy chair of the Edu- Maria Bashir is Prosecutor General of the International Women of Courage Awards to cation Committee, she contributes to Hun- Attorney General’s Office in Herat province, ten women from around the world. This is gary’s new education regulations, ensuring Afghanistan, the only woman to ever hold the only award within the U.S. Department that Roma inclusion remains a priority of such a position in Afghan history. She han- of State that pays tribute to outstanding government programming. Ms. Osztolykan is dles cases on behalf of women victims of do- women leaders worldwide. It recognizes their also a strong promoter of civil society in mestic abuse. Her work on behalf of victims Hungary, who tirelessly pushes for better courage and leadership as they fight for so- of-self-immolation and her unparalleled ef- education and opportunities for children. cial justice, human rights, and the advance- forts to jail abusive husbands has put her ment of women. own life at risk, yet she perseveres to make EVA ABU HALAWEH Today, The Secretary of State will pay Herat a more just and safe place and remains JORDAN tribute to this year’s ten honorees from Af- steadfast in her commitment to the future of Eva Abu Halaweh has dedicated her career ghanistan, Belarus, Cameroon, China, Cuba, Afghanistan. to advocating for the vulnerable people of Jordan, including women at risk of becoming Hungary, Jordan, Kyrgyzstan, Mexico, and NASTA PALAZHANKA victims of so-called ‘‘honor crimes.’’ As Ex- BELARUS Pakistan. They were chosen from among ecutive Director of the Mizan Law Group for eighty-seven exceptional women nominated Nasta Palazhanka joined the opposition Human Rights, Ms. Halaweh has developed a by U.S. Embassies worldwide for their ex- youth movement in Belarus at the age of 14. legal team that provides free legal advice traordinary work in advancing human Now 21, she is a key figure in the opposition and counseling, often the only option for rights. youth organization ‘‘Malady Front’’ (Young those seeking justice or a remedy to their Front). Ms. Palazhanka has led peaceful pro- plight. Ms. Halaweh’s work has influenced tests an called attention to the plight of the the government’s actions to prevent torture families of political prisoners. She was at and prosecute such violations and her advo- the heart of the ‘‘tent camp’’ set up in down- cacy opposing the government’s use of ad- town Minsk to demonstrate against the ministrative detention to ‘‘protect’’ women fraudulent results of the 2006 presidential at risk of so-called ‘‘honor crimes’’ has polls, and she has selflessly worked on behalf changed the lives of many. of charitable causes to improve the human ROZA OTUNBAYEVA rights situation in her country. KYRGYZSTAN HENRIETTE EKWE EBONGO Stepping forward as a leader in the second CAMEROON effort of her country to shed authoritarian Regarded as one of the most influential rule, Roza Otunbayeva emerged as Central journalists in Cameroon, Henriette Ekwe Asia’s first female head of state and head of Ebongo, political activist and publisher of government in a traditional, majority Mus- Bebela, has spent a lifetime advancing press lim country. In the face of a collapsing, cor- freedom, human rights, good governance, rupt government and economic stagnation, and gender equality. The publisher of Bebela, President Otunbayeva succeeded in binding a weekly independent newspaper, she was in- together a fractious opposition into a provi- strumental in the founding of a freer and sional government structure able to check more independent media in Cameroon. De- the struggles for power from stirring up spite constant persecution over 30 years, ‘‘la wider divisions in society. She has defied the Maman’’ (as her fellow journalists call her) expectations of the international community continues to be committed to fight ‘‘until in building the first functioning democracy things move in the right direction.’’ in Central Asia.

VerDate Mar 15 2010 04:18 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.004 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1597 MARISELA MORALES IBANE˜ Z In so doing, may we give You glory HONORING C. RAY BAKER MEXICO now and forever. Amen. (Mr. WOMACK asked and was given The first woman ever appointed to the po- f permission to address the House for 1 sition of Assistant Attorney General for Spe- THE JOURNAL minute.) cialized Investigation of Organized Crime Mr. WOMACK. Mr. Speaker, I rise (SIEDO) in 2008, Marisela Morales has been a The SPEAKER. The Chair has exam- today to remember an Arkansas leg- leader in bringing to justice some of Mexi- ined the Journal of the last day’s pro- co’s most dangerous and notorious criminals. end—former Mayor Ray Baker—who ceedings and announces to the House died March 4, 2011, following a lengthy Her fearless efforts to stand up against cor- his approval thereof. ruption have generated confidence in SIEDO illness. For 20 years, Mayor Baker pre- among the public at large. Under Ms. Mo- Pursuant to clause 1, rule I, the Jour- sided over Fort Smith, Arkansas, our rales’ leadership, SIEDO has succeeded in co- nal stands approved. second largest city. He was remem- ordinating efforts with the Secretariat of De- f bered this week not only for his out- fense, the Secretariat of the Navy, the Secre- PLEDGE OF ALLEGIANCE standing civic leadership, but also for tariat of Public Security, and the Secre- his 44 years of teaching American his- tariat of Governance, as well as with the The SPEAKER. Will the gentle- U.S. Embassy in Mexico, and the embassies tory at Fort Smith Southside High woman from North Carolina (Ms. FOXX) School, lessons taught to thousands of of other governments. Ms. Morales has been come forward and lead the House in the instrumental in creating the first Federal students on many of the very issues de- Witness Protection Program in Mexico. With Pledge of Allegiance. bated in this hallowed Chamber. He her guidance and support, SIEDO indicted Ms. FOXX led the Pledge of Alle- was an institution in civic and aca- the first federal trafficking in persons case. giance as follows: demic accomplishment, including the With her oversight, SIEDO and the U.S. De- I pledge allegiance to the Flag of the prestigious Milken Family National partment of Homeland Security have cooper- United States of America, and to the Repub- Educator Award. ated to reunify children of trafficking vic- lic for which it stands, one nation under God, Mr. Speaker, it warmed the soul to tims with their mothers in the United indivisible, with liberty and justice for all. States. listen to his colleagues, former stu- f dents, family, and friends eulogize him GHULAM SUGHRA WORLD WAR I MEMORIAL for his contributions to humankind. PAKISTAN (Mr. POE of Texas asked and was His enthusiasm was contagious; his de- Born in rural Sindh Province, Ghulam votion to his school, church, and com- Sughra became her village’s first female given permission to address the House munity unmistakable. high school graduate and the first teacher at for 1 minute.) Thanks to Mayor Baker, in his own the first school for girls. Despite being chal- Mr. POE of Texas. Mr. Speaker, the immortal words, ‘‘Life’s worth living in lenged by villagers who refused to enroll lone survivor, the last doughboy of Fort Smith, Arkansas.’’ their daughters in school, she initiated a World War I, Frank Buckles, has died public awareness campaign. She came to re- at the age of 110. This photograph of f alize that economically empowered women would have more authority to allow their Frank Buckles was taken when he was HORRIBLE UNDERMINING OF daughters to attend school so she focused on 16 years of age. He lied to numerous re- RIGHTS ways that would enable local women to de- cruiters so he could join the United (Ms. JACKSON LEE of Texas asked velop their own sources of income. Her ef- States Army and go ‘‘over there’’ in and was given permission to address forts led to the creation of the Marvi Rural World War I. He served in the Ambu- the House for 1 minute and to revise Development Organization (MRDO), an NGO lance Corps, rescuing other doughboys focused on creating community savings and extend her remarks.) who had been wounded in Europe. He Ms. JACKSON LEE of Texas. Mr. funds and raising awareness of education, came back home to America. health and social development issues. Speaker, just a few minutes ago I had During World War II, he was in the f the privilege of listening to Janice Kay Merchant Marines, Merchant Seamen, Bobholz, a deputy sheriff from Wis- RECESS and he was captured by the Japanese in consin; Courtney Johnson, a teacher the Philippines. He was held as a pris- The SPEAKER pro tempore. Pursu- from Ohio; Ryan Fagg, an electrician oner of war for 31⁄2 years. ant to clause 12(a) of rule I, the Chair from Indiana; Lynne Radcliffe, a school Later, Frank moved to West Vir- declares the House in recess until 4 support staff from Ohio; and Tom ginia, and he drove his tractor until he p.m. today. Guyer, a U.S. Army veteran and a pa- was well into his hundreds. This is a Accordingly (at 2 o’clock and 23 min- role officer from Ohio, all of them photograph taken of him when he was utes p.m.), the House stood in recess pleading with this Congress to inter- 109 years of age. It was taken not far until 4 p.m. vene or to cease the nonsense of their from here on The D.C. Mall because, Governors who are union busting and f you see, it was Frank’s wish toward the breaking the backs of middle class b 1600 end of his life that we, as Members of Americans. Congress, authorize the building of a AFTER RECESS They all explained how the unions memorial to all of the doughboys who were eager to work with these States The recess having expired, the House served in World War I, all 4 million of on health and pension benefits; but yet, was called to order by the Speaker at 4 them who have all died; 116,000 of them because of special interests and large p.m. were killed in World War I. corporate donors and private conversa- f Mr. Speaker, we have memorials for tions of the Governor of Wisconsin Vietnam, World War II, and Korea on PRAYER talking about breaking the backs of The Mall, but we don’t have a memo- the special 14 who are trying to stay The Chaplain, the Reverend Daniel P. rial for all of those who served in World out to help the working middle class, Coughlin, offered the following prayer: War I. We have a memorial, and this is they are in trouble. Lord, our God and Savior, You have a photograph of it, for the folks that Rather than creating jobs, rather given us a powerful calling. Destined in lived here in D.C. and served in World than creating jobs as we are trying to our journey of life to find eternal hap- War I, but we don’t have a memorial do as a Democratic Caucus working on piness in Your presence; each day, we for all that served. behalf of the American people, what we hope to draw closer to You and at the So I have filed, today, legislation on have is, frankly, a horrible under- same time accomplish great deeds for behalf of Frank Buckles and all those mining of rights in this country. the good of this Nation and for the other doughboys that we authorize the f world community. building of a memorial on The Mall for By Your guidance of our judgments those who served in World War I, those CREATE JOBS BY PRODUCING and decisions may we respond to Your doughboys. It is time for Congress to AMERICAN ENERGY commands and holy inspirations to do something for those young men and (Ms. FOXX asked and was given per- build Your kingdom of peace and jus- women who served. mission to address the House for 1 tice. And that’s just the way it is. minute.)

VerDate Mar 15 2010 04:18 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.004 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1598 CONGRESSIONAL RECORD — HOUSE March 8, 2011 Ms. FOXX. Mr. Speaker, with gas I would like to commend the Presi- OFFICE OF THE CLERK, prices going through the roof, it is dent for stating the administration U.S. HOUSE OF REPRESENTATIVES, time to ask the question: Is this ad- will resume trials by military commis- Washington, DC, March 2, 2011. ministration’s energy policy working? sions for detainees that pose a threat Hon. JOHN A. BOEHNER, Speaker, U.S. House of Representatives, Wash- After all, gas price haves soared by 30 to national security. Civilian courts ington, DC. percent over the past year. were never the proper venue to try DEAR MR. SPEAKER: This is to notify you We can help protect ourselves from these enemy combatants. In the future, formally, pursuant to Rule VIII of the Rules these sky-high prices and create jobs I hope the President will work with of the House of Representatives, that I have by actively producing American-made Congress in creating a comprehensive been served with a civil subpoena, issued be- energy. That’s why I support an all-of- plan for the detention and prosecution fore the Evidentiary Panel for the State Bar the-above energy policy that includes of the detainees at Guantanamo Bay as of Texas, for documents. more American-produced energy, like we face the global war on terrorism. After consultation with the Office of Gen- eral Counsel, I have determined that compli- oil and nuclear, along with alternatives As a member of the House Armed ance with the subpoena is inconsistent with like wind and solar. This will lower Services Committee, I know firsthand the precedents and privileges of the House. prices and create good American jobs of the professionalism of our dedicated Sincerely, while reducing our dependence on for- military personnel at Guantanamo. I ROBIN REEDER, eign oil. recently visited the facilities in Janu- Archivist. Unfortunately, the Obama adminis- ary, led by Chairman BUCK MCKEON; f tration doesn’t seem to get this. Its de and in July 2005 with former Chairman facto drilling moratorium in the gulf DUNCAN HUNTER. Guantanamo Bay is a RESIGNATION AS MEMBER OF has already cost 12,000 jobs and 300,000 world-class detention facility to pro- COMMITTEES ON NATURAL RE- barrels a day of energy production. tect American families. SOURCES AND HOMELAND SECU- Mr. Speaker, we need to increase pro- In conclusion, God bless our troops, RITY duction, not decrease it, or American and we will never forget September the The SPEAKER pro tempore laid be- families are going to be stuck with ri- 11th in the global war on terrorism. fore the House the following resigna- diculous gas prices that line the pock- f tion as a member of the Committees on ets of unsavory regimes in the Middle b 1610 Natural Resources and Homeland Secu- East. rity: OBAMACARE f HOUSE OF REPRESENTATIVES, SLUSH FUNDS (Mr. BURGESS asked and was given Washington, DC, March 2, 2011. permission to address the House for 1 Hon. JOHN BOEHNER, (Mr. PITTS asked and was given per- minute and to revise and extend his re- Speaker, House of Representatives, mission to address the House for 1 marks.) Washington, DC. minute.) Mr. BURGESS. Mr. Speaker, we are DEAR SPEAKER BOEHNER, I have accepted Mr. PITTS. Mr. Speaker, yesterday coming up, in 2 short weeks’ time, on the nomination of my Caucus to serve on the Committee on Energy and Commerce in the we learned that the Federal deficit for the 1-year anniversary of the passage the month of February was $223 billion, 112th Congress. I hereby submit my resigna- of the Patient Protection and Afford- tion to the Committees on Natural Re- more than the total yearly deficit in able Care Act, affectionately known as sources and Homeland Security. 2007. Yet Republicans have been labeled ObamaCare. Sincerely, as irresponsible for looking to cut a Mr. Speaker, what has that year DONNA CHRISTENSEN, mere $61 billion from the rest of this wrought? Many of us will remember Member of Congress. year’s budget. Our cuts only amount to the Speaker of the House a year ago, The SPEAKER pro tempore (Mr. 30 percent of the monthly deficit. Addi- Speaker PELOSI, saying, We have to YODER). Without objection, the res- tionally, these cuts are only made in pass this bill so we can understand ignation is accepted. the discretionary portion of our budg- what’s in it. There was no objection. et. Well, it’s been a year. Do we under- f Tomorrow, in the House Energy and stand what’s in it? The answer is we do, Commerce Health Subcommittee, we’re and people don’t like what they see. MESSAGE FROM THE PRESIDENT going to look at new ObamaCare pro- What about the oft repeated claim A message in writing from the Presi- grams that have been locked away in ‘‘If you like what you have, you can dent of the United States was commu- the mandatory budget. One of these keep it’’? It turns out that is incorrect. nicated to the House by Brian Pate, programs allows the HHS Secretary to What about the waivers that have been one of his secretaries. spend unlimited sums of money. We issued since October? Now well over a have given the Secretary a credit card thousand waivers have been issued by f with no limit even though our national HHS. Why have those waivers been ANNOUNCEMENT BY THE SPEAKER debt threatens the economic health of issued? They have been issued because PRO TEMPORE our Nation. this policy doesn’t work. And worse The SPEAKER pro tempore. Pursu- It is time that we cut up the credit than not working, it costs a ton of ant to clause 8 of rule XX, the Chair card and restore to Congress the power money. will postpone further proceedings to set fiscal priorities. Slush funds and Mr. PITTS just mentioned that in unlimited spending are just two more February the deficit in this country today on motions to suspend the rules reasons why ObamaCare needs to be re- was $223 billion for 1 month, the short- on which a recorded vote or the yeas pealed. est month of the year. This is as good and nays are ordered, or on which the vote incurs objection under clause 6 of f as it is going to get. What happens when you have those subsidies in the rule XX. GUANTANAMO DETAINEES TO exchanges that subsidize middle class Record votes on postponed questions RECEIVE MILITARY TRIALS purchase of health insurance in this will be taken after 6:30 p.m. today. (Mr. WILSON of South Carolina country for the first time? That’s a f asked and was given permission to ad- high pressure tap into the Federal DENTAL EMERGENCY RESPONDER dress the House for 1 minute and to re- Treasury. It’s really wrong and it has ACT OF 2011 vise and extend his remarks.) to stop. Mr. WILSON of South Carolina. Mr. f Mr. BURGESS. Mr. Speaker, I move Speaker, The Washington Post is cor- to suspend the rules and pass the bill rect today by headlining ‘‘Obama al- COMMUNICATION FROM THE (H.R. 570) to amend the Public Health lows indefinite detention,’’ citing OFFICE OF THE CLERK Service Act to enhance the roles of ‘‘Guantanamo Bay Order Marks Shift’’ The SPEAKER pro tempore laid be- dentists and allied dental personnel in as the ‘‘U.S. also plans to resume trials fore the House the following commu- the Nation’s disaster response frame- by military commissions.’’ nication from Robin Reeder, Archivist: work, and for other purposes.

VerDate Mar 15 2010 02:15 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.009 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1599 The Clerk read the title of the bill. tories, administer injections, and In an emergency, all hands on deck. The text of the bill is as follows: triage patients. This legislation calls Dentists are willing to support the H.R. 570 for no new Federal money and poses no medical and public health response to a Be it enacted by the Senate and House of Rep- new restrictions on moneys now being disaster, and this legislation allows resentatives of the United States of America in spent. It simply allows States, at their States the option to incorporate den- Congress assembled, option, to incorporate dentists and tists into their disaster response SECTION 1. SHORT TITLE. dental facilities into their planning. framework. Our Nation’s medical surge This Act may be cited as the ‘‘Dental I believe this bill will allow us to capacity will never be optimal until we Emergency Responder Act of 2011’’. strategically utilize all available re- capitalize on the personnel resources of SEC. 2. DENTAL EMERGENCY RESPONDERS: PUB- sources and have the ability to deploy the entire health care workforce. LIC HEALTH AND MEDICAL RE- SPONSE. the maximum amount of aid in times I urge full support of this important (a) NATIONAL HEALTH SECURITY STRAT- of disaster. I urge support of this bill. legislation, H.R. 570, to ensure our na- EGY.—Section 2802(b)(3) of the Public Health I want to thank the gentleman from tional disaster responses have the max- Service Act (42 U.S.C. 300hh–1(b)(3)) is New York (Mr. TOWNS) for introducing imum amount of available resources. amended— the legislation with me. I also want to thank two of my staff (1) in the matter preceding subparagraph I reserve the balance of my time. members, Rebekah West and James (A), by inserting ‘‘and which may include Mr. PALLONE. Mr. Speaker, I yield Paluskiewicz, for their hard work in dental health facilities’’ after ‘‘mental myself such time as I may consume. getting this bill to the floor in what health facilities’’; and Mr. Speaker, I rise today in strong appears to be record time. (2) in subparagraph (D), by inserting support of H.R. 570, the Dental Emer- ‘‘(which may include such dental health as- Mr. PALLONE. Mr. Speaker, I ask sets)’’ after ‘‘medical assets’’. gency Responder Act of 2011. This is a unanimous consent to reclaim my (b) ALL-HAZARDS PUBLIC HEALTH AND MED- bill that we passed on the House floor time. ICAL RESPONSE CURRICULA AND TRAINING.— last fall with strong bipartisan sup- The SPEAKER pro tempore. Is there Section 319F(a)(5)(B) of the Public Health port. objection to the request of the gen- Service Act (42 U.S.C. 247d–6(a)(5)(B)) is The bill amends the Public Health tleman from New Jersey? amended by striking ‘‘public health or med- Service Act to include dentists in the There was no objection. ical’’ and inserting ‘‘public health, medical, National Health Security Strategy, or dental’’. which is the strategy HHS develops to b 1620 The SPEAKER pro tempore. Pursu- respond to a public health emergency. ant to the rule, the gentleman from The bill also expands health and med- Mr. PALLONE. I now yield 3 minutes Texas (Mr. BURGESS) and the gen- ical response training programs to in- to the gentlewoman from Texas (Ms. tleman from New Jersey (Mr. PALLONE) clude dental facilities. The bill will JACKSON LEE). each will control 20 minutes. also amend the Homeland Security Act Ms. JACKSON LEE of Texas. I thank The Chair recognizes the gentleman to include dental personnel in the defi- the distinguished gentleman from New from Texas. nition of ‘‘emergency response pro- Jersey (Mr. PALLONE) for yielding. I GENERAL LEAVE viders’’ and will amend the Post- thank Dr. BURGESS for his courtesies Mr. BURGESS. Mr. Speaker, I ask Katrina Emergency Management Re- and also Mr. TOWNS for this legislation. unanimous consent that all Members form Act of 2006 to require Federal re- Mr. Speaker, I rise to support H.R. have 5 legislative days to revise and ex- sponse plans to include dental re- 570 because, in having come from the tend their remarks and include extra- sources. gulf coast and in having gone through neous material on H.R. 570 currently This bill will help shore up the Na- Hurricanes Katrina, Rita and Ike just under consideration. tion’s preparedness for disasters, in- in a few short years, I have seen the The SPEAKER pro tempore. Is there cluding natural disasters like hurri- devastation of communities and know objection to the request of the gen- canes and manmade disasters like a that a holistic approach to health care tleman from Texas? terrorist attack. is vital. We have a vibrant dental com- There was no objection. I want to thank Representative BUR- munity in Houston, Texas. In par- Mr. BURGESS. Mr. Speaker, I yield GESS and Representative TOWNS for ticular, I want to note that Senior Dr. myself such time as I may consume. their outstanding work on this issue Zeb Poindexter has served on the Mr. Speaker, currently Federal stat- and also acknowledge the advocacy of American Dental Board and is an en- ute deters through omission the incor- our former colleague Representative thusiastic supporter of accessing den- poration of dental professionals and Stupak, who worked so hard on this tal care services to the poor. schools into emergency response plans. bill in the last Congress. When there is a hurricane or a nat- H.R. 570 would remedy this omission by I urge my colleagues to support the ural disaster of some form, everybody incorporating dentistry by name into bill. falls into the same boat. After the dev- the Federal disaster response frame- I reserve the balance of my time. astation, again, of a tornado—or of a work. This legislation is endorsed by Mr. BURGESS. Mr. Speaker, I want hurricane and of the tragic incident the American Dental Association and to take just a moment to thank that occurred this past weekend in the Academy of General Dentistry, and CANDICE MILLER from Michigan, who Louisiana, individuals are facing many it passed the House last year on a voice was involved in this legislation needs, so having medical professionals vote. throughout its course last year and has assist them or even to provide them It recently passed the Committee on been very instrumental this year. specific dental care after the devasta- Energy and Commerce, the Health Sub- I reserve the balance of my time. tion, having the dental community be committee, and the full committee, on Mr. PALLONE. Mr. Speaker, I again a part of this disaster response team, is a voice vote, and 19 members of the En- ask for support of the bill. an excellent idea. ergy and Commerce Committee are I yield back the balance of my time. I join my colleagues in recognizing currently cosponsors. Mr. BURGESS. Again, Mr. Speaker, I the importance of access to dental care In the aftermath of a natural dis- also want to thank Chairman UPTON for those individuals facing disaster aster, terrorist attack, or public health and Chairman PITTS and Ranking and also the importance of increasing emergency, traditional medical deliv- Members WAXMAN and PALLONE for the opportunity for poor Americans ery systems can become overwhelmed. their work in passing this bill so quick- who likewise need access to dental In these situations it is vital that ly through the subcommittee and the care. States work with all qualified and li- full committee. I also want to thank Dental care can impact one’s health. censed providers to ensure a volunteer Mr. Stupak for his hard work on the We have seen that in the past, and we workforce to assist in the mitigation of legislation in the last Congress. have seen that with children. So I be- that tragedy. Dentists receive sound Again, I want to acknowledge the lieve this legislation is in the right di- general medical background during work of CANDICE MILLER last Congress rection, and I add my support to it. I their professional education and are and this Congress in getting this bill know that the gulf region will appre- equipped to take patient medical his- passed. ciate the fact that the dental personnel

VerDate Mar 15 2010 04:18 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.014 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1600 CONGRESSIONAL RECORD — HOUSE March 8, 2011 and professionals are added to our dis- The question was taken. clude extraneous material on H.R. 525 aster relief efforts and our first re- The SPEAKER pro tempore. In the currently under consideration. sponders who will respond to any dis- opinion of the Chair, two-thirds being The SPEAKER pro tempore. Is there aster. in the affirmative, the ayes have it. objection to the request of the gen- Mrs. MILLER of Michigan. Mr. Speaker, I Mr. BURGESS. Mr. Speaker, on that tleman from Texas? rise today in strong support of H.R. 570, the I demand the yeas and nays. There was no objection. Dental Emergency Responder Act. This impor- The yeas and nays were ordered. Mr. BURGESS. I yield myself such tant legislation would recognize dentists as The SPEAKER pro tempore. Pursu- time as I may consume. emergency response providers who are capa- ant to clause 8 of rule XX and the Mr. Speaker, H.R. 525, the Veterinary ble of giving medical assistance in the event Chair’s prior announcement, further Public Health Amendments Act of 2011, of a public health emergency. proceedings on this motion will be would take important steps to increase This bill is an efficient way to improve Amer- postponed. the number of public health veterinar- ica’s emergency response system. Not only f ians. does it ensure that we are fully prepared on all Food animal veterinarians have a VETERINARY PUBLIC HEALTH fronts in the event of a crisis or natural dis- vital role in our Nation’s public health, AMENDMENTS ACT OF 2011 aster, but it does not add any new Federal and experts have informed us that spending or increase our ever-growing deficit. Mr. BURGESS. Mr. Speaker, I move there is, in fact, a shortage. This short- Dentists have strong general medical train- to suspend the rules and pass the bill age could negatively affect our Na- ing that I firmly believe should be utilized dur- (H.R. 525) to amend the Public Health tion’s public health, including the safe- ing a public health emergency. In the wake of Service Act to enhance and increase ty of our Nation’s food. We expect that September 11, 2001, the worst attack on civil- the number of veterinarians trained in this legislation will help greatly in ians in the history of our country, we must en- veterinary public health. solving that problem. sure that America’s emergency response sys- The Clerk read the title of the bill. H.R. 525 would enable individuals tem is prepared, and this includes having a The text of the bill is as follows: seeking veterinary public health de- strong medical response system in place. H.R. 525 grees to be eligible for existing public In a time of crisis, it is crucial that vie have Be it enacted by the Senate and House of health workforce loan repayment pro- all hands on deck to issue medical assistance Representatives of the United States of America grams. This legislation would also to the public. For this reason I am proud to in Congress assembled, allow the Secretary of Health and support H.R. 570 and I urge my colleagues to SECTION 1. SHORT TITLE. Human Services to award existing vote in favor of this legislation. This Act may be cited as the ‘‘Veterinary training grants to increase the veteri- Mr. TOWNS. Mr. Speaker, I rise today in Public Health Amendments Act of 2011’’. nary public health workforce. support of H.R. 570, the Dental Emergency SEC. 2. INCLUSION OF VETERINARY PUBLIC I would like to thank all of the Mem- HEALTH IN CERTAIN PUBLIC Responder Act of 2011. I urge my colleagues HEALTH WORKFORCE PROVISIONS. bers who have worked on this issue, in- to support this act as it is a necessary step to- (a) PUBLIC HEALTH WORKFORCE GRANTS.— cluding my physician colleague on the wards ensuring our nation’s readiness for na- Subsections (b)(1)(A) and (d)(6) of section 765 committee, Dr. PHIL GINGREY of Geor- tional emergencies. of the Public Health Service Act (42 U.S.C. gia. I would also like to thank Con- As a member of the New York City Con- 295) are amended by inserting ‘‘veterinary gresswoman TAMMY BALDWIN of Wis- gressional delegation, I am no stranger to public health,’’ after ‘‘preventive medicine,’’ consin for authoring the bill. tragic, national events. In the wake of Sep- each place it appears. I urge my colleagues to support the tember 11, 2001, we witnessed thousands of (b) PUBLIC HEALTH WORKFORCE LOAN RE- bill, and I reserve the balance of my PAYMENT PROGRAM.— time. citizens banding together to heal the commu- (1) IN GENERAL.—Subparagraphs (A) and (B) nity. Similarly, when Hurricane Katrina struck of section 776(b)(1) of the Public Health Serv- Mr. PALLONE. I yield myself such the gulf coast, Americans again came together ice Act (42 U.S.C. 295f–1(b)(1)) are amended by time as I may consume. to help those in need. striking ‘‘public health or health professions Mr. Speaker, I rise today in strong The people of our Nation stand together as degree or certificate’’ each place it appears support of H.R. 525, the Veterinary a community in times of great sorrow. For this and inserting ‘‘public health (including vet- Public Health Amendments Act of 2011. reason, Government should do all that it can erinary public health) or health professions This is an important, bipartisan bill to ensure that individuals with great skill are degree or certificate’’. that we passed on the floor in the last (2) TECHNICAL CORRECTION.—Subparagraph afforded the opportunity to assist in times of Congress. (A) of section 776(b)(1) of the Public Health Veterinary medicine is an important need. Service Act (42 U.S.C. 295f–1(b)(1)) is amend- For too long, dentists have been prohibited ed by adding ‘‘or’’ at the end. component of our human public health from assisting in times of emergency. How- (c) DEFINITION.—Section 799B of the Public system. From H1N1, to SARS, to food ever, this profession is composed of highly Health Service Act (42 U.S.C. 295p) is amend- safety, public health veterinarians are trained, and capable medical professionals, ed by adding at the end the following: critical to our protection of human many of whom have offices that can easily ‘‘(27) VETERINARY PUBLIC HEALTH.—The health. This bill would ensure that vet- convert into triage facilities when needed. term ‘veterinary public health’ includes veterinary public health professionals are When this bill is enacted, states will be able erinarians engaged in one or more of the fol- eligible for two important public lowing areas to the extent such areas have to include, if they choose, dentists as part of an impact on human health: biodefense and health workforce programs, but only to the emergency response plan. The important emergency preparedness, emerging and re- the extent that the work of these vet- decisions about how a state responds to a cri- emerging infectious diseases, environmental erinarians has an impact on human sis will still be left to local authorities. Enact- health, ecosystem health, pre- and post-har- health. ment of this bill simply provides decision mak- vest food protection, regulatory medicine, I want to commend Representative ers with more options to respond to tragedies diagnostic laboratory medicine, veterinary BALDWIN for her leadership on this leg- and emergencies. pathology, biomedical research, the practice islation. She has been working on this I urge all of my colleagues to vote in sup- of food animal medicine in rural areas, and for a long time, and I was pleased to government practice.’’. port of H.R. 570. work with her. I also want to thank Mr. PALLONE. I urge support of the The SPEAKER pro tempore. Pursu- Chairman PITTS, Chairman UPTON, and bill, and I yield back the balance of my ant to the rule, the gentleman from Representative SHIMKUS for their sup- time. Texas (Mr. BURGESS) and the gen- port; and I urge my colleagues to sup- Mr. BURGESS. Again, I urge support tleman from New Jersey (Mr. PALLONE) port this important bill. for the legislation and for the passage each will control 20 minutes. I now yield 3 minutes to the sponsor of the bill, and I yield back the balance The Chair recognizes the gentleman of the legislation, the gentlewoman of my time. from Texas. from Wisconsin (Ms. BALDWIN). The SPEAKER pro tempore. The GENERAL LEAVE Ms. BALDWIN. Mr. Speaker, I rise in question is on the motion offered by Mr. BURGESS. Mr. Speaker, I ask strong support of H.R. 525, the Veteri- the gentleman from Texas (Mr. BUR- unanimous consent that all Members nary Public Health Amendments Act. GESS) that the House suspend the rules may have 5 legislative days to revise Although we may not know it, our and pass the bill, H.R. 570. and extend their remarks and to in- health depends, in part, on a small

VerDate Mar 15 2010 02:15 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.027 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1601 army of veterinarians working in pub- support of H.R. 525, the Veterinary Public to the Committee on Foreign Affairs lic health. Their role was never clearer Health Amendments Act of 2011. This legisla- and ordered to be printed: tion, scheduled for floor consideration today, than during the H1N1 virus outbreak. To the Congress of the United States: We now see that diseases can travel would amend the Public Health Service Act by adding veterinary public health as one of Section 202(d) of the National Emer- from animals to humans seemingly the groups eligible for grants to train the gencies Act (50 U.S.C. 1622(d)) provides overnight. public health workforce, and would make for the automatic termination of a na- Public health veterinarians are our veterinarians studying public health eligible tional emergency unless, prior to the frontline of defense against another for loan repayment. anniversary date of its declaration, the outbreak. They inspect our slaughter- The U.S. faces a critical shortage of veteri- President publishes in the Federal Reg- houses, prevent a foot-and-mouth dis- narians in public health practice areas such ister and transmits to the Congress a as food safety and security, bioterrorism and ease outbreak from devastating our notice stating that the emergency is to economy and our agriculture industry, emergency preparedness, environmental health, regulatory medicine, diagnostic lab- continue in effect beyond the anniver- and protect our citizens against the oratory medicine, food systems veterinary sary date. In accordance with this pro- threat of bioterrorism. medicine and biomedical research. Many re- vision, I have sent the enclosed notice Unfortunately, our current workforce cent studies have shown dramatic shortfalls to the Federal Register for publication cannot meet these public health chal- of veterinarians in key public health prac- stating that the national emergency lenges. In the next 20 years, experts tice areas, including food systems, veteri- with respect to Iran that was declared predict a shortage of 15,000 veterinar- nary medicine and at several federal govern- on March 15, 1995, is to continue in ef- ians; and between 2006 and 2016, the Bu- ment agencies protecting the nation’s food supply and keeping a watchful eye out for fect beyond March 15, 2011. reau of Labor Statistics predicts that The crisis between the United States the demand for veterinary services will bioterrorism and foreign animal diseases. The national pool of 2,500 new graduates a and Iran resulting from the actions and increase by 35 percent. Something year is not enough to meet the demands of a policies of the Government of Iran has must be done to protect our national growing population and the changing public not been resolved. The actions and health by preventing and controlling health needs of society. policies of the Government of Iran are infectious diseases, ensuring the safety Public health starts at the farm and ranch contrary to the interests of the United and security of the Nation’s food sup- level where veterinarians are essential for States in the region and continue to ply, promoting healthy environments, the health and welfare of our animals. Healthy animals mean a healthy food supply. pose an unusual and extraordinary and providing health care for animals. threat to the national security, foreign H.R. 525 will help to ensure that we However, many of our members feel con- tinual strain caused by fewer large animal policy, and economy of the United have a more robust veterinary public practitioners entering the field and the re- States. For these reasons, I have deter- health workforce. The bill has two sulting underserved areas for veterinary ex- mined that it is necessary to continue main components: loan repayment for pertise. From dairies in Maine to sheep the national emergency declared with veterinarians who commit to teaching flocks in Montana, fewer veterinarians are respect to Iran and maintain in force or to working in public health and a available to help producers care for their comprehensive sanctions against Iran animals in both routine and emergency situ- new fellowship program for public to respond to this threat. health veterinarians. ations. National efforts such as this legislation are needed to address these critical defi- BARACK OBAMA. I want to thank the Association of THE WHITE HOUSE, March 8, 2011. American Veterinary Medical Colleges cits. We urge the House of Representatives to f and the American Veterinary Medical approve H.R. 525 to increase the number of Association for their tireless work on veterinarians working in public health prac- RECESS behalf of public health veterinarians. tice. Thank you for your consideration of The SPEAKER pro tempore. Pursu- I would also like to thank Chairman this important legislation to our nation’s ant to clause 12(a) of rule I, the Chair PITTS and Ranking Member PALLONE farmers and ranchers. declares the House in recess until 6:30 for their support on this important leg- Sincerely, p.m. today. islation. BOB STALLMAN, Accordingly (at 4 o’clock and 31 min- President. This bill is identical to the Veteri- utes p.m.), the House stood in recess nary Public Health Amendments Act Mr. Speaker, I yield back the balance until 6:30 p.m. of my time. that passed the House by voice vote in f the last Congress. This bill also passed The SPEAKER pro tempore. The the Energy and Commerce Committee question is on the motion offered by b 1830 unanimously. the gentleman from Texas (Mr. BUR- AFTER RECESS I urge my colleagues to support this GESS) that the House suspend the rules The recess having expired, the House critical bill to ensure that our veteri- and pass the bill, H.R. 525. was called to order by the Speaker pro nary workforce is prepared to meet our The question was taken. tempore (Mr. CHAFFETZ) at 6 o’clock public health needs. The SPEAKER pro tempore. In the and 30 minutes p.m. Mr. PALLONE. I would certainly opinion of the Chair, two-thirds being urge support for this important legisla- in the affirmative, the ayes have it. f tion. Mr. BURGESS. Mr. Speaker, on that ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, as I have no further re- I demand the yeas and nays. PRO TEMPORE The yeas and nays were ordered. quests for time, I yield back the bal- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- ance of my time. ant to clause 8 of rule XX, proceedings Mr. BURGESS. Mr. Speaker, I would ant to clause 8 of rule XX and the will resume on motions to suspend the like to insert into the RECORD a letter Chair’s prior announcement, further rules previously postponed. from the American Farm Bureau Fed- proceedings on this motion will be Votes will be taken in the following eration urging support of this legisla- postponed. order: tion. f H.R. 570 and H.R. 525, in each case by I would also like to point out that b 1630 the yeas and nays. this legislation enjoyed unanimous The first electronic vote will be con- CONTINUATION OF THE NATIONAL support from both the Republican and ducted as a 15-minute vote. The second EMERGENCY WITH RESPECT TO Democratic sides of the dais in the full electronic vote will be conducted as a IRAN—MESSAGE FROM THE Committee on Energy and Commerce. 5-minute vote. AMERICAN FARM PRESIDENT OF THE UNITED f BUREAU FEDERATION®, STATES (H. DOC. NO. 112–13) Washington, DC, March 8, 2011. The SPEAKER pro tempore laid be- DENTAL EMERGENCY RESPONDER Hon. FRED UPTON, ACT OF 2011 Chairman, House Energy and Commerce Com- fore the House the following message mittee, Washington, DC. from the President of the United The SPEAKER pro tempore. The un- DEAR CHAIRMAN UPTON: The American States; which was read and, together finished business is the vote on the mo- Farm Bureau Federation encourages your with the accompanying papers, referred tion to suspend the rules and pass the

VerDate Mar 15 2010 04:20 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.023 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1602 CONGRESSIONAL RECORD — HOUSE March 8, 2011 bill (H.R. 570) to amend the Public Lucas Peterson Sewell bill (H.R. 525) to amend the Public Health Service Act to enhance the Luetkemeyer Petri Sherman Health Service Act to enhance and in- Luja´ n Pingree (ME) Shimkus roles of dentists and allied dental per- Lummis Pitts Shuler crease the number of veterinarians sonnel in the Nation’s disaster re- Lungren, Daniel Platts Shuster trained in veterinary public health, on sponse framework, and for other pur- E. Poe (TX) Sires which the yeas and nays were ordered. Lynch Polis poses, on which the yeas and nays were Slaughter The Clerk read the title of the bill. Mack Pompeo Smith (NE) ordered. Maloney Posey Smith (NJ) The SPEAKER pro tempore. The The Clerk read the title of the bill. Manzullo Price (GA) Smith (TX) question is on the motion offered by Marchant Price (NC) Smith (WA) The SPEAKER pro tempore. The Marino Quayle the gentleman from Texas (Mr. BUR- Southerland Matheson Quigley GESS) that the House suspend the rules question is on the motion offered by Stark Matsui Rahall the gentleman from Texas (Mr. BUR- Stearns and pass the bill. McCarthy (CA) Rangel This will be a 5-minute vote. GESS) that the House suspend the rules McCarthy (NY) Reed Stivers and pass the bill. McCaul Renacci Stutzman The vote was taken by electronic de- Sullivan The vote was taken by electronic de- McCollum Reyes vice, and there were—yeas 280, nays McCotter Ribble Sutton 138, not voting 14, as follows: vice, and there were—yeas 401, nays 12, McDermott Richardson Terry not voting 19, as follows: McGovern Richmond Thompson (CA) [Roll No. 164] McHenry Rigell Thompson (MS) YEAS—280 [Roll No. 163] McIntyre Rivera Thompson (PA) Ackerman Dold Lofgren, Zoe YEAS—401 McKeon Roby Thornberry McKinley Roe (TN) Tiberi Aderholt Donnelly (IN) Lowey Ackerman Cole Guinta McMorris Rogers (AL) Tierney Akin Doyle Lucas Adams Conaway Guthrie Rodgers Rogers (KY) Tipton Alexander Edwards Luetkemeyer ´ Aderholt Connolly (VA) Gutierrez McNerney Rogers (MI) Tonko Altmire Ellison Lujan Akin Conyers Hall Andrews Emerson Lummis Meehan Rohrabacher Towns Alexander Cooper Hanabusa Austria Engel Lynch Meeks Rokita Tsongas Altmire Costa Harper Baca Eshoo Maloney Mica Rooney Turner Andrews Costello Harris Baldwin Farr Marino Michaud Ros-Lehtinen Upton Austria Courtney Hartzler Barletta Fattah Matheson Miller (FL) Roskam Van Hollen Baca Cravaack Hastings (FL) Barrow Filner Matsui Miller (MI) Ross (AR) Vela´ zquez Bachmann Crawford Hastings (WA) Miller (NC) Ross (FL) Bartlett Fitzpatrick McCarthy (NY) Bachus Crenshaw Hayworth Visclosky Barton (TX) Forbes McCollum Miller, Gary Rothman (NJ) Walberg Baldwin Critz Heck Miller, George Roybal-Allard Bass (CA) Fortenberry McDermott Barletta Crowley Heinrich Walden Bass (NH) Frank (MA) McGovern Moore Royce Walz (MN) Barrow Cuellar Heller Moran Runyan Becerra Frelinghuysen McIntyre Wasserman Bartlett Culberson Hensarling Mulvaney Ruppersberger Berg Fudge McKeon Schultz Barton (TX) Cummings Herger Murphy (PA) Rush Berkley Garamendi McKinley Watt Bass (CA) Davis (IL) Herrera Beutler Myrick Ryan (OH) Berman Gardner McNerney Waxman Bass (NH) Davis (KY) Higgins Nadler Ryan (WI) Biggert Gerlach Meehan Webster Becerra DeFazio Himes Napolitano Sa´ nchez, Linda Bilbray Gingrey (GA) Meeks Weiner Benishek DeGette Hinchey Neal T. Bishop (GA) Gonzalez Michaud Berg DeLauro Hinojosa Neugebauer Sanchez, Loretta Welch Bishop (NY) Goodlatte Miller (NC) Berkley Denham Hirono Noem Sarbanes West Bishop (UT) Green, Al Miller, George Berman Dent Holden Nugent Scalise Whitfield Blumenauer Green, Gene Moore Biggert DesJarlais Holt Nunnelee Schakowsky Wilson (FL) Boren Griffin (AR) Moran Bilbray Deutch Honda Olson Schiff Wilson (SC) Boswell Griffith (VA) Murphy (CT) Bilirakis Diaz-Balart Hoyer Olver Schilling Wittman Brady (PA) Grijalva Murphy (PA) Bishop (GA) Dicks Huelskamp Owens Schmidt Wolf Braley (IA) Grimm Nadler Bishop (NY) Doggett Huizenga (MI) Palazzo Schrader Womack Brown (FL) Guthrie Napolitano Bishop (UT) Dold Hultgren Pallone Schwartz Woodall Bucshon Gutierrez Neal Black Donnelly (IN) Hunter Pascrell Schweikert Woolsey Burgess Hall Noem Blackburn Doyle Hurt Pastor (AZ) Scott (VA) Wu Butterfield Hanabusa Nunnelee Blumenauer Dreier Inslee Paulsen Scott, Austin Yarmuth Calvert Harper Olver Bonner Duffy Issa Payne Scott, David Yoder Capito Harris Owens Bono Mack Duncan (SC) Jackson (IL) Pearce Sensenbrenner Young (AK) Capps Hartzler Palazzo Boren Duncan (TN) Jackson Lee Pence Serrano Young (FL) Capuano Hastings (FL) Pallone Boswell Edwards (TX) Peters Sessions Young (IN) Cardoza Heck Pascrell Boustany Ellison Jenkins Carnahan Heinrich Pastor (AZ) Brady (PA) Ellmers Johnson (GA) NAYS—12 Carney Higgins Payne Brady (TX) Emerson Johnson (IL) Amash Gibson Paul Carson (IN) Himes Perlmutter Braley (IA) Engel Johnson (OH) Broun (GA) Graves (GA) Schock Cassidy Hinchey Peters Brooks Eshoo Johnson, E. B. Campbell Kingston Walsh (IL) Castor (FL) Hinojosa Peterson Brown (FL) Farenthold Johnson, Sam Flake McClintock Westmoreland Chabot Hirono Petri Buchanan Fattah Jones Chandler Holden Pingree (ME) Bucshon Filner Jordan NOT VOTING—19 Chu Holt Pitts Buerkle Fincher Kaptur Davis (CA) Lipinski Reichert Cicilline Honda Platts Burgess Fitzpatrick Keating Clarke (MI) Hoyer Polis Dingell Markey Scott (SC) Burton (IN) Fleischmann Kelly Clarke (NY) Inslee Pompeo Farr Murphy (CT) Simpson Butterfield Fleming Kildee Giffords Nunes Clay Jackson (IL) Price (GA) Calvert Flores Kind Speier Cleaver Jackson Lee Price (NC) Graves (MO) Pelosi Waters Camp Forbes King (IA) Hanna Perlmutter Clyburn (TX) Quigley Canseco Fortenberry King (NY) Israel Rehberg Coble Jenkins Rahall Cantor Foxx Kinzinger (IL) Cohen Johnson (GA) Rangel Capito Frank (MA) Kissell b 1853 Cole Johnson (IL) Reyes Capps Franks (AZ) Kline Connolly (VA) Johnson, E. B. Richardson Capuano Frelinghuysen Kucinich Messrs. KINGSTON, WESTMORE- Conyers Jones Richmond Cardoza Fudge Labrador LAND, and BROUN of Georgia changed Cooper Kaptur Rigell Carnahan Gallegly Lamborn their vote from ‘‘yea’’ to ‘‘nay.’’ Costa Keating Rivera Carney Garamendi Lance Costello Kelly Roe (TN) Carson (IN) Gardner Landry So (two-thirds being in the affirma- Courtney Kildee Rogers (AL) Carter Garrett Langevin tive) the rules were suspended and the Cravaack Kind Rogers (KY) Cassidy Gerlach Lankford bill was passed. Crawford King (NY) Rogers (MI) Castor (FL) Gibbs Larsen (WA) The result of the vote was announced Critz Kissell Ros-Lehtinen Chabot Gingrey (GA) Larson (CT) Crowley Kucinich Ross (AR) Chaffetz Gohmert Latham as above recorded. Cuellar Lance Rothman (NJ) Chandler Gonzalez LaTourette A motion to reconsider was laid on Cummings Langevin Roybal-Allard Chu Goodlatte Latta the table. Davis (IL) Larsen (WA) Runyan Cicilline Gosar Lee (CA) DeFazio Larson (CT) Ruppersberger Clarke (MI) Gowdy Levin f DeGette Latham Rush Clarke (NY) Granger Lewis (CA) VETERINARY PUBLIC HEALTH DeLauro LaTourette Ryan (OH) Clay Green, Al Lewis (GA) Dent Lee (CA) Sa´ nchez, Linda Cleaver Green, Gene LoBiondo AMENDMENTS ACT OF 2011 Deutch Levin T. Clyburn Griffin (AR) Loebsack The SPEAKER pro tempore. The un- Diaz-Balart Lewis (CA) Sanchez, Loretta Coble Griffith (VA) Lofgren, Zoe Dicks Lewis (GA) Sarbanes Coffman (CO) Grijalva Long finished business is the vote on the mo- Dingell LoBiondo Schakowsky Cohen Grimm Lowey tion to suspend the rules and pass the Doggett Loebsack Schiff

VerDate Mar 15 2010 02:15 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.028 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1603 Schilling Stivers Walz (MN) PERSONAL EXPLANATION minute and to revise and extend his re- Schrader Sullivan Wasserman marks.) Schwartz Sutton Mrs. DAVIS of California. Mr. Speaker, on Schultz Mr. GUINTA. Mr. Speaker, in my Scott (VA) Terry Watt Tuesday, March 8, 2011, I missed the fol- home State of New Hampshire, I have Scott, David Thompson (CA) Waxman lowing votes due to illness. Serrano Thompson (MS) Weiner had the pleasure of talking to many Had I been present, I would have voted: Sewell Thompson (PA) Welch constituents over the course of the last Sherman Tierney ‘‘Yea’’ on rollcall No. 163. Whitfield several days who have expressed their Shimkus Tipton Wilson (FL) ‘‘Yea’’ on rollcall No. 164. Shuler Tonko great concern relative to the rising gas Wittman f Sires Towns Womack prices not just in New Hampshire, but Slaughter Tsongas Woolsey ELECTING A MEMBER TO A CER- all across the country. Just today, gas Smith (NE) Upton Wu Smith (NJ) Van Hollen TAIN STANDING COMMITTEE OF prices are now at $3.45 a gallon, min- Yarmuth Smith (TX) Vela´ zquez THE HOUSE OF REPRESENTA- imum. Smith (WA) Visclosky Young (AK) Young (FL) TIVES This and many Congresses have Speier Walberg failed their obligation and responsi- Stark Walden Mr. LARSON of Connecticut. Mr. Speaker, by direction of the Demo- bility to have an approach to solving NAYS—138 cratic Caucus, I offer a privileged reso- the energy crisis and the energy chal- Adams Gohmert Mulvaney lution and ask for its immediate con- lenges that are before us. And I call Amash Gosar Myrick sideration. both on this body and the President of Bachmann Gowdy Neugebauer The Clerk read the resolution, as fol- the United States to come with an all- Bachus Granger Nugent of-the-above energy policy so we can Benishek Graves (GA) Olson lows: Bilirakis Guinta once and for all look the American peo- Paul H. RES. 149 Black Hastings (WA) Paulsen ple in the eye, my constituents in New Blackburn Hayworth Pearce Resolved, That the following named Mem- Hampshire, and give them hope for a ber be and is hereby elected to the following Bonner Heller Pence true reduction not just in gas prices, Bono Mack Hensarling Poe (TX) standing committee of the House of Rep- Boustany Herger Posey resentatives: but to have long-term sustainability Brady (TX) Herrera Beutler Quayle (1) COMMITTEE ON ENERGY AND COMMERCE.— and viability from our own country in Brooks Huelskamp Reed Mrs. Christensen. how we have our oil and other opportu- Broun (GA) Huizenga (MI) Renacci nities to reduce our dependence on for- Buchanan Hultgren Ribble Mr. LARSON of Connecticut (during Buerkle Hunter Roby the reading). Mr. Speaker, I ask unani- eign oil. Burton (IN) Hurt Rohrabacher This is something that is critical not Camp Issa mous consent that the resolution be Rokita Campbell Johnson (OH) considered as read and printed in the just today and in the coming weeks, Rooney Canseco Johnson, Sam but its been critical for our Nation’s Roskam RECORD. Cantor Jordan Ross (FL) The SPEAKER pro tempore. Is there infrastructure as well as our economy. Carter King (IA) I again hope that this body acts swiftly Chaffetz Kingston Royce objection to the request of the gen- Coffman (CO) Kinzinger (IL) Ryan (WI) tleman from Connecticut? and promptly. Scalise Conaway Kline There was no objection. f Crenshaw Labrador Schmidt Culberson Lamborn Schock The resolution was agreed to. b 1910 Davis (KY) Landry Schweikert A motion to reconsider was laid on Denham Lankford Scott, Austin the table. CONSTITUTION CAUCUS DesJarlais Latta Sensenbrenner The SPEAKER pro tempore (Mr. Dreier Long Sessions f FLEISCHMANN). Under the Speaker’s an- Duffy Lungren, Daniel Shuster REPORT ON RESOLUTION PRO- Duncan (SC) E. Southerland nounced policy of January 5, 2011, the Duncan (TN) Mack Stearns VIDING FOR CONSIDERATION OF gentleman from Indiana (Mr. Stutzman Ellmers Manzullo H.R. 830, FHA REFINANCE PRO- STUTZMAN) is recognized for 60 minutes Farenthold Marchant Thornberry GRAM TERMINATION ACT Fincher McCarthy (CA) Tiberi as the designee of the majority leader. Flake McCaul Turner Mr. BISHOP of Utah, from the Com- Mr. STUTZMAN. Mr. Speaker, I am Fleischmann McClintock Walsh (IL) mittee on Rules, submitted a privi- honored to represent the people of Indi- Fleming McCotter Webster ana’s Third District, and I am also Flores McHenry West leged report (Rept. No. 112–27) on the Foxx McMorris Westmoreland resolution (H. Res. 150) providing for proud to serve as a cochair of the Con- Franks (AZ) Rodgers Wilson (SC) consideration of the bill (H.R. 830) to stitution Caucus here in Congress. The Gallegly Mica Wolf rescind the unobligated funding for the hottest fires make the strongest steel. Garrett Miller (FL) Woodall Gibbs Miller (MI) Yoder FHA Refinance Program and to termi- After seeing Washington assail the Gibson Miller, Gary Young (IN) nate the program, which was referred Constitution, Americans went to the to the House Calendar and ordered to polls last November and demanded a NOT VOTING—14 be printed. return to our first principles. As a re- Davis (CA) Lipinski Reichert f sult, the membership of this caucus has Giffords Markey Scott (SC) more than doubled. We began this Con- Graves (MO) Nunes Simpson REPORT ON RESOLUTION PRO- gress by reading the Constitution right Hanna Pelosi Waters VIDING FOR CONSIDERATION OF Israel Rehberg here on the floor. We have come here H.R. 836, EMERGENCY MORTGAGE this evening in that same spirit. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE RELIEF PROGRAM TERMINATION I rise today to continue a conversa- ACT The SPEAKER pro tempore (during tion that used to fill the halls of this the vote). There are 2 minutes left in Mr. BISHOP of Utah, from the Com- great building. There was a time in our the vote. mittee on Rules, submitted a privi- Nation’s past when Members of Con- leged report (Rept. No. 112–28) on the gress openly and passionately debated resolution (H. Res. 151) providing for the interpretation of the Constitution. b 1901 consideration of the bill (H.R. 836) to We are here tonight to renew that dis- Ms. KAPTUR changed her vote from rescind the unobligated funding for the cussion. When we were sworn in, each of us ‘‘nay’’ to ‘‘yea.’’ Emergency Mortgage Relief Program and to terminate the program, which took an oath to uphold and defend the So (two-thirds being in the affirma- was referred to the House Calendar and Constitution. This means that we are tive) the rules were suspended and the ordered to be printed. required to interpret and apply it to bill was passed. f our daily work. I am sure that we all take that oath very seriously. How- The result of the vote was announced ALL-OF-THE-ABOVE ENERGY ever, I am also sure that, without vigi- as above recorded. POLICY lance, we slip out of tune with the prin- A motion to reconsider was laid on (Mr. GUINTA asked and was given ciples enshrined in that founding docu- the table. permission to address the House for 1 ment.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.012 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1604 CONGRESSIONAL RECORD — HOUSE March 8, 2011 Today, we have an opportunity to re- ought to be strong in those areas where or perhaps otherwise, it could also be dedicate ourselves to those principles, strength is required and specifically because we don’t simply cherish and to limited government and individual enumerated. In all other areas, the study the Constitution like our fore- equality. In the coming months, my government must defer to the judg- fathers once did. colleagues and I will come again to the ments of free men and women. So we come to the floor tonight, floor to discuss federalism, checks and In our Republic, the dignity of the in- through these Constitution hours, if balances, and enumerated powers. dividual citizen is paramount. It would you will, and we hope to, by them, in- Today, however, we ought to begin by be arrogant to believe that a few elite crease the knowledge not only of this asking ourselves a very simple ques- can discern and direct over 300 million body but also of the American public as tion: ‘‘What is so wonderful about the souls here in America. I fear, with bal- well. And we do so, taking a look at Constitution?’’ After all, I believe, the looning government and near the intricacies and the nuances of this, last election was a mandate to return unstoppable deficits being run every the Constitution. Also, I think, we also to its wisdom and guidance. We ought year, we are dangerously close to aban- help to shed some light on the cir- to at least begin by asking why it doning the principles that brought us cumstances and the times that inspired should hold such prominence in our here safely thus far. As regulations in- the Founding Fathers to write our hearts. Why, for example, did Abraham fringe on nearly every aspect of daily country’s founding document. Lincoln declare so forcefully, ‘‘Don’t life, human dignity is endangered. Tonight, we specifically want to interfere with anything in the Con- Those of us here this evening are spend some time talking about limited stitution. That must be maintained, ready to work against this tide, to re- government and its role in protecting for it is the only safeguard of our lib- turn our government to its proper role human dignity. ‘‘Liberty to all,’’ Presi- erties’’? of defending individual freedoms. I am dent Lincoln once wrote, back in 1861, The answer is elegantly simple. The eager to continue this conversation in ‘‘is the summation of the Declaration Constitution enshrines the enduring the coming months, because there is of Independence.’’ He said further, ‘‘the principles of limited government, and much work to be done. principles which have proved an apple limited government is the surest Mr. Speaker, I would now like to of gold to all of us.’’ guardian of human dignity. The Con- yield to the gentleman from New Jer- Yet the mere assertion of those prin- stitution gave form and shape to the sey (Mr. GARRETT), the original found- ciples for him was not enough. As Lin- philosophy put forth in the Declaration er of this caucus. coln later pointed out, for liberty to of Independence. The Declaration, it Mr. GARRETT. I thank the gen- have real meaning, it must be en- has been said, was the promise; the tleman from Indiana for being here to- shrined, and it must be enshrined in Constitution is the fulfillment. night as we talk about the Constitu- law. The Constitution, as he put it, is I cannot overemphasize the truly rev- tion. And who was it that said that the the picture of silver subsequently olutionary nature of our War for Inde- Constitution, it may not be perfect, framed around. Then he went on to say pendence. For the first time in human but it’s better than what we have now? that the picture was made not to con- history, when a group of people over- As we talk about kicking off to- ceal or to destroy that apple as it was threw an oppressive regime, they began night’s Special Order, this series here framed, but rather to adorn and to pre- by espousing a vigorous and eloquent in the 112th Congress, I am pleased to serve it. This, Lincoln said, drawing upon the philosophy: That all men are created be here with my colleague from Indi- book of Proverbs, is ‘‘a word fitly spo- equal. They are endowed by their Cre- ana and my colleague also behind me, ken.’’ So to understand America, you the gentleman from Utah (Mr. BISHOP), ator with certain unalienable rights. must understand our founding prin- to talk about these most important Even as lives, fortunes, and sacred ciples. To understand the Constitution issues, the foundation of the Constitu- honor hung in the balance, these men and why government should be limited, tion. began with a summary of human na- you must then, therefore, understand Back at the very beginning, back in ture. also the Declaration of Independence. America was founded on the idea 2004, 2005, there really were not that So, the structure of the Constitution that humans have a specific character. many Americans talking about the follows the principles and the argu- We are wired a certain way. Our proper role of the Constitution and the ments of the Declaration, where it Founding Fathers understood two basic limitations that it does place both on says, of course, all men are created and profound truths about human na- the size and also on the scope of the equal; they are endowed by their Cre- ture. First, we are not perfect. We err. Federal Government. But as the years ator with certain unalienable rights. We will never reach perfection. To be- went by, over the last several years at This great statement, that we are lieve that man is perfectible is to en- least, interest in the Constitution has hopefully all familiar with, at the out- gage in fanciful speculation. Second, in grown as new government programs set of the Declaration, a truly revolu- spite of our fallen natures, we are dig- have whittled away basically at the tionary claim at the time, is followed nified and equal. We each possess rea- protections in the Constitution that by a list of complaints lodged against son and the ability to determine our guarantee to us certain liberties to the the king at that time, King George III. own lives. people and authorities to the States. To just spend a moment or two to go As James Madison, the Father of the So, as we come here tonight, and as we into this in a little bit more detail and Constitution, eloquently stated: ‘‘What have pointed out in the past, we will to delve down into it, these then can be is government itself but the greatest of continue to highlight until Congress’ divided into three categories, cor- all reflections on human nature? If recent course is reversed. responding with the legislative, execu- men were angels, no government would This body has drifted away from the tive, and judicial foundations of gov- be necessary. If angels were to govern principles of limited government en- ernment. men, neither external nor internal con- shrined in this, the Constitution. This trols on government would be nec- document, the finely crafted sections b 1920 essary.’’ and verses that are in it, the guidelines So to step back for a moment, the How then can imperfect beings gov- and the limitations that we see in it of list takes up over half of the Declara- ern in a way that respects human dig- the powers of government it was writ- tion, and the complaints there specify nity? The answer is found in limited ten to impose, does not have the same exactly where their King had failed. government. Again, James Madison personal meaning and importance to And so, too, why government by con- said this: ‘‘You must first enable the Americans it seems it had during the sent is therefore necessary. Now he re- government to control the governed; times of the federalist and anti-fed- fused to enact necessary laws, they and in the next place oblige it to con- eralist debates. said. Harmful ones took their places, trol itself.’’ Is that because it is a different time, they said. Judges entirely dependent Limited government justly defends and now we’re in a different age where upon the King’s will were rendered the dignity of the individual through we have long since forgotten what it is mere puppets at the time; and when specific and checked powers. Do not like to live under tyrannical rule? It the King did act, he flooded American confuse limited for weak. Government may be, Mr. Speaker, because of that, shores with soldiers and bureaucrats.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.035 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1605 Their complaints there were specific. Jefferson, Madison’s friend, implic- an innate—almost divine—worth with- The King suspended representative itly argued the same thing in the Dec- in them which signifies that they all Houses for opposing with manly firm- laration. So, today, when we speak of have certain rights that are there from ness invasions on the rights of the peo- ‘‘the government,’’ we often think of the Creator. ple, he wrote. He went on to say, he has an impersonal force, somehow out In England, those rights were estab- obstructed the administration of jus- there and above everything, above lished in law starting with the Magna tice. How? By refusing his assent of human nature, if you will. Carta and then building on, so that at laws for establishing judiciary powers. But what is government? Govern- the time of our country’s founding, ev- He went on to say he was also guilty of ment is composed of what you see here. eryone knew what the rights of Eng- imposing taxes on us without our con- It is composed of human beings, all of lishmen were. Our Revolutionary War sent and also suspending our very own whom are imperfect. And so to be in was not about taxes being too high. It legislatures and declaring themselves the public sector or to be elected to of- was, not as some revisionist historians vested with powers to legislate for us fice does not automatically, by any will say, about impressment of colo- in all cases whatsoever. means, transform a human being into nials into the British Navy. It was Yet another complaint alleged that angel. And so for that very same about the rights of Englishmen which against the King was that he ‘‘erected reason, that very same reason that were being denied British subjects liv- a multitude of new offices and thereby human beings are not perfect, governing in America at the time. That’s sent hither swarms of officers to harass ment therefore must be limited and its what they argued about. That’s what in the people and eat out their sub- duties therefore must be delineated. Philadelphia they were talking about stance.’’ Going back to what President Lin- is the denial of those individual rights So, when all power is taken from the coln once said, he further elaborated on which are basic to all people because hands of the people and accumulated in the importance of human dignity, we all have that spark of divinity and the hands of a single person, or single which is our discussion tonight, back we have those inalienable rights. head, if you will, it breeds a similar in 1861 where he said a couple of things, That’s why as part of the debate that power grab by who else? The bureau- and I will close on this: ‘‘Without the was established there was an exchange crats, who have no job but to consume Constitution and the Union, we could in which Benjamin Franklin took part the productivity and resources of the not have attained the result; but even in which he was talking with another people, of the populace. So the these are not the primary cause of our person that said, there are more impor- overweening Federal Government great prosperity. There is something tant things in life than simply having today is guilty of the same offenses of back of these, entwining itself more our rights protected. The fact is we are liberty as back then as well. closely about the human heart.’’ And British citizens. To which Franklin Americans who are desperately try- what is that? ‘‘That something is the then said, to be called a British citizen ing to figure out and file their own in- principle of ’liberty to all’—the prin- come tax returns right now know this without given the rights of a British ciple that clears the path for all—gives all too well, I think. And so the Dec- citizen is like calling an ox a bull. He hope to all—and, by consequence, en- laration anticipates what we have here, is grateful for the honor, but would the necessity of separation of powers terprise and industry to all.’’ much rather have restored what was Over the course of this 112th Con- and just society. rightfully his. That’s the key element So its message is clear: No single per- gress, this caucus and my colleagues, to which we were talking here. With son or political force can rightfully hopefully, on both sides of the aisle that, the Constitution was written as a possess all the powers of the one gov- will continue to sponsor these discus- fortification of those individual rights ernment. Only the Divine, only the Di- sions, these Constitution hours, if you and freedoms. vine who is named in the Declaration will, to expand upon our understanding And it is the purpose of limited gov- of Independence as the Author of the of these core principles of limited government to protect those individual laws of nature, also named as the Cre- ernment enshrined in our Constitution. liberties. The Constitution created lim- ator, also named as the Supreme Judge Mr. Speaker, I appreciate this oppor- ited government, the purpose of which of the entire world, and finally also tunity to speak tonight on this very was to protect our individual liberties. named as Divine Providence, only the important topic, and I yield back to Now as I try and talk to my old stu- Divine justly exerts complete power. the gentleman from Indiana. dents to try and sometimes define the But in the hands of a human being, Mr. STUTZMAN. It is my pleasure to term ‘‘individual liberties,’’ because it such power is, as it’s stated there, ab- now yield such time as he may con- becomes somewhat vague in the minds solute despotism. sume to the fellow chair, the cochair of of people, I look at individual liberties Our Founding Fathers did not believe the Constitutional Caucus, the gen- as the concept that individuals have that human beings could be perfected. tleman from Utah (Mr. BISHOP). choices in their personal lives. It is not We were not divine. We were capable of Mr. BISHOP of Utah. I thank the the role of government to pick winners both good and evil. James Madison gentleman from Indiana. Mr. Speaker, and losers in society, whether that be later wrote in defense of the Constitu- it is a pleasure for me to be here and be socially or economically. That is our tion: ‘‘As there is a degree of depravity part of this significant issue. rights as individuals. In the Constitution it says that cer- in mankind which requires a certain b 1930 degree of circumspection and distrust: tain things are self-evident. And what So there are other qualities in human are the things that were self-evident in It is the right to have choices in my nature which justify a certain portion the Declaration of Independence? I life. You know, I look around the world of esteem and of confidence.’’ have to get words right, don’t I? In the in which we are, and it seems like all So to assume that man’s goodness Declaration of Independence there are the time I am given choices and op- will always direct his actions is to ig- things that are self-evident. And what tions, even when I don’t want them. I nore reality. People, therefore, are im- was self-evident is that all men are cre- can pick a cell phone plan from a myr- perfect and cannot be perfected. And so ated equal in a political sense. And be- iad of options that are there. If I want no edict of government will change cause of that, because all men are a breakfast cereal, there is a whole row that fundamental fact. equal, the Creator has given us certain of choices that are there. Even if I To step back again, what, then, is the inalienable rights. want Pringles potato chips, there are role of government? Calling govern- And then it goes on to say the next 16 kinds of varieties for me. ment the greatest of all reflections of step in that process is once you have The entrepreneurial world has under- human nature, James Madison said those inalienable rights, it is the pur- stood that people in America want that the government must start where? pose of government to secure those choices and options. That’s their lib- Well, with the understanding that men rights. That’s what we are talking erty. It is only government, especially are not angels, as the gentleman from about here, that within the concept of here in Washington, that seems to see Indiana stated before. And as he said, our country, which was written and es- that one size fits all and mandates so were they perfect or angelic, no gov- tablished in the brilliant prose of that the government chooses winners ernment would be necessary. Thomas Jefferson, every individual has and losers rather than allowing that

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.037 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1606 CONGRESSIONAL RECORD — HOUSE March 8, 2011 for individuals. It is only us it seems tress simply because we forgot the Everywhere I travel around my be- who have not learned what is yearning original foundation of this country, the loved Palmetto State and around this within the soul of all Americans that purpose of the Constitution, the joy country, I ask folks: What are your they understood when they wrote the and brilliance of limited government First Amendment rights? And almost Declaration of Independence and then whose sole purpose should be to protect to a person, they mostly answer: Free- formalized the Constitution of the individual liberties, not for govern- dom of speech. But, you know, let me United States. ment to do marvelous things. remind you here today that the first I wish to quote someone here, and I If we restore ourselves to that pur- thing our Founding Fathers addressed don’t know who actually wrote this, pose and reinvigorate the concepts for was your freedom of religion. In fact, but it is brilliant so I am going to which this country was established, the first sentence in the First Amend- claim that I said it: In the first 150 which I do believe to be the concepts of ment to the United States Constitution years of this country, under the Con- federalism and limited government says Congress shall make no law re- stitution, we can sum up in the fol- here, then indeed we have a chance of specting an establishment of religion, lowing way. In the early years of this restoring this country and solving our or prohibiting the free exercise thereof. country, measures to expand govern- problems. If not, we face very dark and They do that before they address ment’s power beyond those enumerated difficult times indeed. your freedom of speech, before they ad- in the Constitution rarely got out of For the first 150 years, they under- dress your freedom of the press, before Congress because they were stopped by stood that. They acted that way. We they address your right to peacefully the objections in that branch. Con- can do the same thing again. We have assemble or your right to petition this stitutional objections in Congress. the same spark of divinity within us government for redress of grievances. Members of Congress actually de- that they had back then. We can do it; Folks, I remind you that our freedoms bated whether they had the power to do we should do it. are slowly being eroded in this coun- whatever it was that was being pro- I thank you for this opportunity of try, and I believe that we as Americans posed. They didn’t simply assume they being here. I know you have other need to get back to doing what we did had the power and then leave it to the speakers who will speak on this par- in that first week in this United States courts to check them, Congress took ticular issue far more eloquently than Congress, and that is take this docu- the Constitution and the limits it im- I, and I yield back to the gentleman ment out, read it, understand what our posed on congressional action seri- from Indiana. Founding Fathers were trying to do ously. Then when constitutionally du- Mr. STUTZMAN. Next I yield to the when they said we the people will gov- bious bills did by chance get out of gentleman from South Carolina, Dis- ern ourselves. Congress, Presidents vetoed them not trict Three, JEFF DUNCAN. Mr. STUTZMAN. Thank you. Very Mr. DUNCAN of South Carolina. As a simply on policy but on constitutional eloquently said. new Congressman back in January, I grounds. Indeed, the first six Presi- I would like to touch on a couple of was never prouder than when I took dents thought the veto was supposed to things that the gentleman from South this floor to take part in reading the Carolina said, Mr. Speaker. As we did be used only for constitutional pur- United States Constitution. That day, I have a great opportunity to read the poses. And finally, when that brake brought with me to the podium a copy Constitution on the House floor, I failed, the courts stepped in. In short, of the Constitution that I carry in my found it not only to be one that should the system of checks and balances pocket every day. be a lesson for all of us, but also one worked because the Constitution was Ronald Reagan, in his farewell ad- that will remind each American of the taken seriously by a sufficient number dress to the American people in Janu- great document that we have that gov- of those who had sworn to uphold it. ary 1989, said: Ours was the first revo- erns our land. We seem to have forgotten that in lution in the history of mankind that I would like to read just a couple of probably the last 60, 70, maybe even 100 truly reversed the course of govern- statements that some of our Founding years. ment, and with three little words, ‘‘We Fathers made that I believe are so im- If I can give a religious reference, at the people.’’ portant for each one of us to remember some time the children of Israel, as we We tell the government what to do, today. First of all, I would like to start read in the Old Testament, wanted to President Reagan stated, it does not with George Washington, who is my po- have a king so they could be likened to tell us. A simple phrase, ‘‘We the peo- litical hero. What a great man who not all other nations. They went to the ple . . . ’’ put down by our Founding only was so willing to sacrifice and was prophet who tried to dissuade them, Fathers who defined self-government. willing to serve his great country, and but they were insistent that they have Self-government. Those words ring he could have been king if he was want- a king to be likened to all other na- true. ing to, but instead knew that limited tions, so the king could do marvelous I think daily about that government power was going to be the real answer things. And, indeed, they had a king. that they formed—a limited govern- to America’s new Constitution and to And the first kings did great things. ment, one with powers for each branch its new Government. They unified a nation; they built a that are clearly spelled out in this doc- George Washington said: ‘‘The power beautiful temple. But ultimately, those ument, clearly defined. And, you know, under the Constitution will always be kings became the millstone around the we are a long ways from the limited in the people. It is entrusted for cer- neck of the people that brought them government and enumerated powers tain defined purposes and for a certain down to destruction. that they strived to corral. limited period to representatives of We have a change that took place al- I am concerned that we don’t read their own choosing. And whenever it is most 100 years ago where people de- and study the United States Constitu- executed contrary to their interest or cided to change what the Federal Gov- tion enough in our public schools like not agreeable to their wishes, their ernment was designed to do. It is not we used to when I grew up. I am wor- servants can and undoubtedly will be that they did not understand the Con- ried that we the people don’t know or recalled.’’ stitution. They understood it perfectly; remember why our Founding Fathers Mr. Washington was referring to elec- they just didn’t like it because it pro- divided power into three separate tions. I think what has not only solidi- hibited us from doing marvelous branches of government, why they defied our government for years and things. We have now run through al- fined the powers of each, and why they years has been that it is the people, the most two generations, three genera- were inclined to spell out our liberties people’s government. The people have tions of individuals under a system of in a Bill of Rights. the ability to recall those who are government in which we look not to They formed this government that elected to go to their representative limit what government does to protect has lasted well over 200 years. But after capitals, whether it is in the State gov- individual liberties, but to try to make they formed that government, they de- ernments or here in Washington, D.C., sure that government does those mar- cided that they better spell out the lib- and if their wishes are not received by velous things. We have come to a pe- erties. In fact, they had to do that in the people, the people can recall them riod of time where economically and order to have the States ratify this back to their State and elect someone socially we are now in a period of dis- great document. new.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.039 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1607 b 1940 Thank you for being here and I look seek education or work or opportunity Also, I would like to read another forward to your comments. of any kind so that each man may be- statement by Thomas Jefferson: ‘‘On Mr. CONAWAY. I thank the gen- come all he is capable of becoming. every question of construction let us tleman for yielding. These are the sacred rights of Western carry ourselves back to the time when I appreciate being here to participate society.’’ the Constitution was adopted, recollect in the Constitution Caucus’s comments Senator Kennedy got it right. These the spirit manifested in the debates, on our Constitution. are the sacred rights of Western soci- and instead of trying what meaning We labor under sometimes, basically ety, and we are in danger of having may be squeezed out of the text, or in- all times, the misguided idea that those rights trampled on by this con- vented against it, conform to the prob- we’re the smartest people that ever tinued growth in the size of our Fed- able one in which it was passed.’’ walked the face of the Earth, that no eral Government. Thomas Jefferson was our third new ideas are created except through If you look at the trajectory that we President and was one of the great men us. Sometimes it’s helpful to look back find ourselves on from a financial who took part in building our great de- at some of the things folks who have standpoint, you can have estimates by mocracy and our Republic here in the gone before us have said to help us re- think tanks on the left, estimates by great country of the United States. flect on those and see how they apply think tanks on the right, the CBO, the I would also like to refer a little bit to today’s circumstances. GAO—all of these have 75-plus-year to my time in having the opportunity A couple of those things, one is from projections on the path that we’re cur- to serve in the Indiana State legisla- a speech that Robert Kennedy made on rently on. If you stack each of those ture and knowing that Thomas Jeffer- the Day of Affirmation address that he projections on a light table to look son was a Federalist who believed in gave in South Africa back in 1966. And through all of them at the same time, States’ rights. And one of the things I while much of what he talked about, there’s not a chigger’s whisker dif- have seen in my short time in Wash- the revolution of youth and the civil ference between the path that we’re on. rights movement and other things, are ington is that the States have so much Nobody disagrees that the path that not germane to what we’re talking flexibility, have so much more ability we’re on is absolutely unsustainable. I about tonight, there is a section that is to serve the people, as well as our local tell my constituents back home we’re particularly relevant to this conversa- governments. And that is one of the very much like the fellow who fell off tion, and I would like to read into the reasons that I believe the Constitution the 10-story building. As he passed the RECORD his comments in some of those was formed to protect that local con- fifth floor, he said, So far so good, so early paragraphs. trol. far so good. Well, we are that guy; and He started off by saying: ‘‘We stand As we’ve seen time and time again, although our financial wreck is 10, 15, here in the name of freedom.’’ there is more influence by our Federal 20 years down the road, we are in a Government in reaching further and ‘‘Freedom’’ is that wonderful word that conjures up inside of all of us free-fall that has an abrupt immediate further into our communities with stop somewhere in our future. more mandates, with more legislation those kinds of feelings that are unique We are bright, intelligent, smart peo- that continues to take away our free- to just certain words. ‘‘Liberty’’ is an- ple, present company excepted. We doms. other word that does that, that has ought to be able to look at those pro- And having the opportunity to serve that kind of visceral experience inside jections, Mr. Speaker, and take action. in the State legislature in Indiana, I each one of us. It’s different but none- We have for 5 years now, 6 years this would also share that we can see how theless inspiring almost every single August, failed to reform Social Secu- each State has different needs, and the time you hear that. rity. When I first joined Congress in Constitution addresses that by limiting Kennedy went on to say: ‘‘At the 2005, that was one of the leading issues the powers of the Federal Government. heart of that Western freedom and de- on our table at that time. And, yes, we And we’re seeing more and more waste mocracy is the belief that the indi- got distracted about whether or not of tax dollars, something that I believe vidual man, the child of God, is the part of it should be personally owned that the American people are tired of, touchstone of value, and all society, and part of it should not; but at the and they want to see Washington fix groups, the state, exist for his benefit. end of the day, we had set the predicate its problems just like the American Therefore, the enlargement of liberty for why Social Security needed to be people do every day in tightening their for individual human beings must be adjusted. Most of us spent that first 8 own belt. the supreme goal and the abiding prac- We tighten our belt in our small fam- tice of any Western society. months in 2005 trying to lay out to our ily farming operation back in Indiana. ‘‘The first element of this individual constituents exactly what the issues We do that with our family budget. liberty is the freedom of speech, the were that are familiar to all of us in And people are asking across the coun- right to express and communicate this Chamber. That lasted until the try, If we can do it, why can’t Wash- ideas, to set oneself apart from the end of August 2005. And then Hurricane ington? dumb beasts of the field and the forest; Katrina happened and distracted us And we’re seeing overlap of Federal to recall governments to their duties from the goal of getting it done, and we and State and local governments; and I and obligations; above all, the right to have not touched Social Security since. believe if we would get back to the con- affirm one’s membership and alle- We’ve continued to choose each and stitutional roles, the constitutional giance to the body politic, and to soci- every year to not adjust and not re- role that the Federal Government is ety, to the men with whom we share negotiate Social Security. That choice given, and focus on the priorities that our land, our heritage and our chil- has a consequence, and the con- our Founding Fathers gave to us and dren’s future. sequence is that we’re adding about the Constitution as a government, then ‘‘The essential humanity of men can $600 billion of unfunded mandates to we will be more effective, we will serve be protected and preserved only where the debt of future generations of Amer- the people who have elected us to government must answer, not just to icans because we choose not to take ac- serve, and instead of infringing upon the wealthy, not just to those of a par- tion. the responsibilities and the rights of ticular religion, or a particular race, That choice is ours to take. It is our those in our States that we will have a but to all its people. freedom to take that choice. It’s our more efficient government and we will ‘‘And even government by the con- liberty to take that choice. But collec- also have a government that is closer sent of the governed, as in our Con- tively both sides of the aisle—this isn’t to the people and one that I believe stitution, must be limited in its power a Republican issue or Democrat issue— serves best when government is close to act against its people so that there both sides of the aisle have, for good or to the people and will serve and re- may be no interference with the right for bad—I would argue for ill—chosen spond to the needs of them. to worship or with the security of the to not address a fundamental spending At this time I would like to yield to home, no arbitrary imposition of pains issue that, among those that we have the gentleman from Texas (Mr. or penalties by high officials or low; no to face, I would argue is the least dif- CONAWAY). restrictions on the freedom of men to ficult.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.041 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1608 CONGRESSIONAL RECORD — HOUSE March 8, 2011 Let me finish a quote from George ties—or not at all—and left to the peo- talk about it from this side of the aisle. Washington in his first inaugural ad- ple. So, if you go back about 80, 90, 100 dress. George Washington declared: So, Mr. Speaker, I appreciate the op- years, to the Progressive Movement, it ‘‘The preservation of the sacred fire of portunity to express these comments began to crimp upon the human being liberty and the destiny of the repub- tonight, and I yield back. and the rights of man—basically, lican model of government are finally Mr. STUTZMAN. Thank you. therefore, what we’re talking about to- staked on the experiment entrusted to I would like to yield again to the night, human dignity—in some very the hands of the American people.’’ gentleman from New Jersey (Mr. GAR- profound and fundamental ways. Trust is placed in the people precisely RETT). What are some of the basic issues because they are, in the words of the Mr. GARRETT. Again, I thank the that a man is able to decide about him- Declaration, equally created and en- gentleman from Indiana for hosting to- self? What he is able to eat and what he dowed by their Creator with certain night’s Special Order dealing with the is able to grow to eat. unalienable rights. Constitution. More specifically to- It was the Progressive Movement. It We have that precious gift in our night, we are spending a little time was during the time of Roosevelt, who hands: those of us in the 435 of us who talking about, as the previous gen- finally said the Federal Government get to vote in this House, the 100 on the tleman just did, unlimited government knows better when it comes to what other side of this building who get to and its role in protecting human dig- man can eat and what he can grow for vote, the man, the woman who occu- nity. himself, and he put a limitation on an pies 1600 Pennsylvania Avenue. We Now, the gentleman from Texas was individual farmer as to what he could have the tools of choice in our hands. just referencing the issue with regard grow in his own backyard to sustain Do we choose to preserve liberty and to the unsustainable projection and himself and his family. The Federal freedom for future generations, or do trajectory of spending at the Federal Government said, No, we are going to we choose to continue, as that fellow level, and with regard to the burden, have the long arm of the powers of the falling off the 10-story building said, So therefore, that we place on untold gen- Federal Government reach into that far so good, so far so good? I argue that erations that follow after ours. You farmer’s backyard and dictate to him we should not. I argue let us use our in- have to then ask: What sort of respect that, no, he cannot grow those par- tellect, let us use our will, let us use does this generation have for the ticular crops even though he was not the wisdom of the American people human dignity of future generations selling them, and they were not in the who last November made a pretty dra- who encompass their lives with the stream of commerce, and he was not matic statement as to what they specter of having limitations on their transporting them across State lines, thought we ought to do. abilities to make fundamental choices and interstate commerce was not infor themselves because of the obliga- volved whatsoever. Rather, the Govern- b 1950 tions that have been placed upon them ment said: We, the Federal Govern- We now need to take those reins of by this generation? ment here in Washington, can constrict choice in our hands and lead this Na- Earlier, I spoke about the Divine, and him as to the very food that he pro- tion to a sustainable Federal Govern- I think you need to do so when you’re vides for his own family. ment that does not mortgage our asking the fundamental question, as Now fast-forward to this generation grandchildren’s future and that does we’re doing tonight, with regard to the and to this past Congress, and you’ll not hand off to them an America that issue of human dignity. I was quoting, see that the same sort of thing goes on is less prosperous and that has less op- not from myself, but from Lincoln and here. It’s not only food but all the reg- portunity for standard of living in- also from our founding documents, ulations that entwine in that area, creases that you and I enjoyed as we which speak of the Divine and name which have grown into a multitude of stepped into adulthood. the Declaration as the Laws of Nature regulations over the years—from food If we continue to ignore the problem by the Creator—the Supreme Judge of to water. Washington now dictates and stick our heads in the sand, as the the world, the Divine Providence. All your very own water use, and we’re all ostrich sometimes does—a pretty un- areas of this, as is set forth in our doc- familiar with that infamous decision flattering position, quite frankly, for uments, talk about human dignity with regard to the toilets that you any of us, including for the ostrich— coming not from man, himself, but have in your own house and with re- then the future generations will simply from the Creator, from the Divine. gard to the water consumption that ask: Why did they do that? They saw it Then it’s the imperfect—man, human you have. These are not even things coming. They understood the con- beings—who distort that in some way. that you can decide for yourselves. The sequences. They had within their power Government, as I said before, being not Government steps in. the ability to make it different. perfect and not capable of being per- How about the lights that you turn We have chosen so far not to do that. fected, has the obligation to protect on? How are you going to illuminate We have chosen so far to expand the human dignity as best it can, but it ob- your home so you can have a light to Federal Government at an unprece- viously does so in an imperfect man- read your book in the evening? Now dented rate. We have chosen to take ner. the Federal Government says that is away from States the rights to conduct The gentleman from Utah talked not the province of man. That is the those affairs that are individualized, about its not just occurring over the province of the Federal Government’s that are properly left to the States and recent decades but over the last gen- to dictate as well. So, in each area, we to our local governments and that are, erations—probably going back over 100 take one more chip away at individual quite frankly, left to us alone, as indi- years, he said. Actually, if you think human dignity—in deciding how you’re viduals. We have chosen as a Nation to about it, it was probably to the begin- going to control and live your own life. empower this Federal Government, ning of—what?—the Progressive Move- Washington is now the arbiter in those year in and year out, to take away our ment, I guess you would say here in things. freedoms and our liberties. this country, where there began this We rise now to, perhaps, one of the All I can say to that, Mr. Speaker, is distortion of the understanding of the most fundamentals after food and shame on us. Shame on us if we don’t Constitution. water and light—and that’s health right this ship of state by shrinking The Progressive Movement elabo- care. Of course we saw what happened the size of this Government, by lim- rated upon the powers of the Federal in the last session of Congress here iting what it does in our day-to-day Government to expand in areas that when the Federal Government said lives, by getting back to the funda- never were envisioned by our Founders. that we here—the bureaucrats, the mental founding principles that our As a matter of fact, as I talk about the elected officials, the politicians—know Founding Fathers built this country Progressive Movement, we have the better than you as to just what sort of on: that of a limited Federal Govern- Progressive Caucus here on the other health care you need, as to just what ment, one with limited powers and ev- side of the aisle, I guess, which speaks sort of doctor you should see, how erything else being reserved to the about these things all the time but in often you should go, and all the other States and/or to the local municipali- a much more favorable light than we myriad of decisions that were wrapped

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.042 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1609 up in that semblance of: How do I take also of our issues of federalism and pro- realize that our freedoms are given care of my own human body? How do I tected rights to the States and the in- from our Creator, and it’s important take care of my own health decisions? dividuals as well. for each one of us to not only fight to Now we have passed a bill, under our I look forward to those discussions protect those freedoms but remember objection, of course, on this side of the on the floor in the future. some of the words that our Founding aisle, but with the complete support on Mr. STUTZMAN. Mr. Speaker, I Fathers used as well, going back to the other side of the aisle and with the would inquire how much time we have what Benjamin Franklin said, and I White House as well, saying, No. Wash- remaining. quote, Only a virtuous people are capa- ington can now dictate those areas to a The SPEAKER pro tempore. The gen- ble of freedom. As nations become cor- point that we have never seen before in tleman has 10 minutes remaining. rupt and vicious, they have more need the history of this Government and in Mr. STUTZMAN. Mr. Speaker, I just of masters, end quote. the history of this country, which is would like to make a couple of com- So it is up to each one of us as Amer- that the price of citizenship is the pur- ments in closing. I have appreciated icans, Mr. Speaker, that we are, first of chase of a particular product that the the comments that were made by the all, as individuals and as communities Federal Government bureaucrats dic- other gentlemen that were here this involved in our communities, whether tate. The price of citizenship, the price evening. it’s our churches, whether it’s our of freedom, the price of liberty—the You know, one of the things I believe schools, that we are taking on each re- price of being an American—is now dic- is that the American people that have sponsibility and looking around us and tated to you by the Federal Govern- been given the rights and the respon- who can we help, how can we make a ment and by bureaucrats here in Wash- sibilities to elect those of us who are difference in someone else’s life. ington. They will dictate and control fortunate enough and honored to come I’d also read John Adams. He said your health care just as the previous to Washington to serve are paying at- this, quote, Our Constitution was made Progressive Era politicians said they tention and that they are paying atten- only for a moral and religious people. would dictate with regard to the food tion to what we are doing in response It is wholly inadequate to the govern- that you grow, with regard to the to the actions that have been taken ment of any other, end quote. water that you use, with regard to the over the years here in Washington. How fortunate we as Americans are lights that you light—and now in the Washington seems to be the problem. to have not only this founding docu- area of health care as well. When I go back home to Indiana, I ment but many other founding docu- So where do we then end up going hear repeatedly from folks that, you ments written by men who were given from all this? What is the next step? know, Republican, Democrat, we can such a great responsibility and a great As I said before, government is not point the finger from side to side, but opportunity to create one of the long- perfect, and man cannot be perfected, it has been Washington that has been est-lasting governments in world his- so we should not look to the govern- out of touch with the American people, tory; and I’m so proud to be an Amer- ment, as we said before, as the angelic and that Washington needs to be ican tonight and believe that, even beings who are going to give us all the changed, not necessarily America need- though we have many challenges in right rules and regulations in this area. ing to be changed. front of us, we have great debt, we have We should not look to the government And that is why I believe it is so im- great deficits, and this is because of to provide for us in these respective portant for us as Americans that we the irresponsible actions taken by areas. Rather, that we are individuals get back to our founding documents, to those in Washington. made by our Creator, and we have our realize the truths and the principles I believe that today it is important own worth and our own human dignity, that are in these documents that our for each one of us as Americans to be- and Washington should not take that Founding Fathers wrote over 200-some come more familiar with our Constitu- away from us. years ago. tion and to read the words, as it may So I will close where I began some And I would like to read just a couple seem sometimes dry and not as excit- time ago. of lines from the Declaration of Inde- ing, but this document, these words pendence, as Mr. GARRETT was refer- give each one of us as Americans the 2000 b ring to earlier, the freedom and the op- opportunity to make life better than We will look then not to the imper- portunity that each of us as Americans what we may have entered. fect bureaucrats or to the imperfect has is given to us by our Creator, but I know for myself as a son of a farm- politicians but, rather, to the people also the Declaration of Independence er in northern Indiana, I was raised in who inherently have the power to send and our Constitution give us rights and an old farmhouse; and now I have the us here or to return us, those people freedoms as well. great opportunity to serve in Congress, who have the power to create govern- I’d like to refer to these lines in the that each one of us can do great things ments or not: the population of this Declaration of Independence. Many of if we set our minds to it, and it’s be- country, the citizens of this country, these are obviously very familiar to us, cause of this document that gives us from which all power truly emanates but: We hold these truths to be self-evi- that liberty and that freedom. originally, for them to speak up loudly, dent, that all men are created equal, So I have great hope that the Amer- to have their voices heard as they did that they are endowed by their Creator ican people and that those who are in this past election in November, to with certain unalienable rights, that elected to serve will make those make sure that their human dignity is among these are life, liberty, and the choices that will not only continue to protected, that it is not eroded upon pursuit of happiness; that to secure grant us those freedoms but also steer anymore, and that, rather, it can grow these rights, governments are insti- the ship and turn the ship and change and prosper and expand as our Found- tuted among men, deriving their just the mindset of Washington and the way ing Fathers intended and why these powers from the consent of the gov- that our Federal Government has re- rights and limitations on powers were erned. sponded and acted over the years re- rather limited in the founding docu- Now, I would submit, Mr. Speaker, cently, that will not only give our chil- ments that we cherish so greatly. that the people are the ones who are dren and our grandchildren the same And that is why, as I said at the be- giving us the power to govern and that opportunities that we have but to work ginning, I appreciate so much the gen- the Constitution, as it was written together across the aisle, knowing that tleman from Indiana for your working back by our Founding Fathers, was we all serve and have sworn to uphold in bringing this message here to the written in the effort to protect each in- the Constitution to make those floor, the Members that are here, the dividual and to protect each individual changes. Members that are listening, and to the freedom that we have and enjoy every I’m optimistic, I’m hopeful; but I American public. I look forward to fur- day. know that we have a lot of work ahead. ther work from you and the rest of the I would also mention, as was men- And I believe that the document we caucus and other the members of this tioned before, that it is important for have been given and was signed by our conference to expound upon these us as Americans to not only take on Founding Fathers has given us that areas, not only of human dignity but that personal responsibility but also to guiding light, and I am looking forward

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.044 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1610 CONGRESSIONAL RECORD — HOUSE March 8, 2011 to working together with the Members the President with the advice and consent of sition, but does not include any personnel in this Chamber, both sides of the aisle, the Senate; (2) whose appointment is made action that an employing office takes with to making a difference and to getting by a Member of Congress within an employ- regard to an existing employee of the em- back to our constitutional responsibil- ing office, as defined by Sec. 101(9)(A–C) of ploying office. the CAA, 2 U.S.C. § 1301(9)(A–C); (3) whose ap- (e) ‘‘Armed forces’’ means the United ities. pointment is made by a committee or sub- States Army, Navy, Air Force, Marine Corps, f committee of either House of Congress or a and Coast Guard. (f) ‘‘Board’’ means the Board of Directors CORRECTION TO THE CONGRES- joint committee of the House of Representa- tives and the Senate; or (4) who is appointed of the Office of Compliance. SIONAL RECORD OF TUESDAY, to a position, the duties of which are equiva- H Regs: (g) ‘‘Covered employee’’ means JANUARY 25, 2011, AT PAGE H462 lent to those of a Senior Executive Service any employee of (1) the House of Representa- tives; (2) the Senate; (3) the Office of Con- OFFICE OF COMPLIANCE TEXT OF REGULATIONS position (within the meaning of section 3132(a)(2) of title 5, United States Code). Ac- gressional Accessibility Services; (4) the FOR THE VETERANS EMPLOYMENT OPPORTU- Capitol Police; (5) the Congressional Budget NITIES ACT OF 1998 cordingly, these regulations shall not apply to any employing office that only employs Office; (6) the Office of the Architect of the When approved by the House of Represent- individuals excluded from the definition of Capitol; (7) the Office of the Attending Phy- atives for the House of Representatives, covered employee. sician; or (8) the Office of Compliance, but these regulations will have the prefix ‘‘H.’’ S Regs: (c) Scope of Regulations. The def- does not include an employee (aa) whose ap- When approved by the Senate for the Senate, inition of ‘‘covered employee’’ in Section 4(c) pointment is made by the President with the these regulations will have the prefix ‘‘S.’’ of the VEOA limits the scope of the statute’s advice and consent of the Senate; (bb) whose When approved by Congress for the other em- applicability within the Legislative branch. appointment is made by a Member of Con- ploying offices covered by the CAA, these The term ‘‘covered employee’’ excludes any gress; (cc) whose appointment is made by a regulations will have the prefix ‘‘C.’’ employee: (1) whose appointment is made by committee or subcommittee of either House In this draft, ‘‘H&S Regs’’ denotes the pro- the President with the advice and consent of of Congress or a joint committee of the visions that would be included in the regula- the Senate; (2) whose appointment is made House of Representatives and the Senate; or tions applicable to be made applicable to the or directed by a Member of Congress within (dd) who is appointed to a position, the du- House and Senate, and ‘‘C Reg’’ denotes the an employing office, as defined by Sec. ties of which are equivalent to those of a provisions that would be included in the reg- 101(9)(A–C) of the CAA, 2 U.S.C. § 1301(9)(A–C); Senior Executive Service position (within ulations to be made applicable to other em- (3) whose appointment is made by a com- the meaning of section 3132(a)(2) of title 5, ploying offices. mittee or subcommittee of either House of United States Code). The term covered em- PART 1—Extension of Rights and Protec- Congress or a joint committee of the House ployee includes an applicant for employment tions Relating to Veterans’ Preference Under of Representatives and the Senate; (4) who is in a covered position and a former covered Title 5, United States Code, to Covered Em- appointed pursuant to section 105(a) of the employee. ployees of the Legislative Branch (section S Regs: (g) ‘‘Covered employee’’ means Second Supplemental Appropriations Act, 4(c) of the Veterans Employment Opportuni- any employee of (1) the House of Representa- 1978; or (5) who is appointed to a position, the ties Act of 1998) tives; (2) the Senate; (3) the Office of Con- duties of which are equivalent to those of a gressional Accessibility Services; (4) the Subpart A—Matters of General Applicability Senior Executive Service position (within Capitol Police; (5) the Congressional Budget to All Regulations Promulgated under Sec- the meaning of section 3132(a)(2) of title 5, Office; (6) the Office of the Architect of the tion 4 of the VEOA United States Code). Accordingly, these reg- Capitol; (7) the Office of the Attending Phy- Sec. ulations shall not apply to any employing of- sician; or (8) the Office of Compliance, but 1.101 Purpose and scope. fice that only employs individuals excluded does not include an employee (aa) whose ap- 1.102 Definitions. from the definition of covered employee. pointment is made by the President with the 1.103 Adoption of regulations. C Regs: (c) Scope of Regulations. The def- advice and consent of the Senate; (bb) whose 1.104 Coordination with section 225 of the inition of ‘‘covered employee’’ in Section 4(c) appointment is made or directed by a Mem- Congressional Accountability of the VEOA limits the scope of the statute’s ber of Congress; (cc) whose appointment is Act. applicability within the Legislative branch. made by a committee or subcommittee of ei- The term ‘‘covered employee’’ excludes any SEC. 1.101. PURPOSE AND SCOPE. ther House of Congress or a joint committee employee: (1) whose appointment is made by (a) Section 4(c) of the VEOA. The Veterans of the House of Representatives and the Sen- the President with the advice and consent of Employment Opportunities Act of 1998 ate; (dd) who is appointed pursuant to sec- the Senate; (2) whose appointment is made (VEOA) applies the rights and protections of tion 105(a) of the Second Supplemental Ap- by a Member of Congress or by a committee sections 2108, 3309 through 3312, and sub- propriations Act, 1978; or (ee) who is ap- or subcommittee of either House of Congress chapter I of chapter 35 of title 5 U.S.C., to pointed to a position, the duties of which are or a joint committee of the House of Rep- certain covered employees within the Legis- equivalent to those of a Senior Executive resentatives and the Senate; or (3) who is ap- lative branch. Service position (within the meaning of sec- pointed to a position, the duties of which are (b) Purpose of regulations. The regulations tion 3132(a)(2) of title 5, United States Code). equivalent to those of a Senior Executive set forth herein are the substantive regula- The term covered employee includes an ap- Service position (within the meaning of sections that the Board of Directors of the Of- plicant for employment in a covered position tion 3132(a)(2) of title 5, United States Code). fice of Compliance has promulgated pursuant and a former covered employee. Accordingly, these regulations shall not to section 4(c)(4) of the VEOA, in accordance C Regs: (g) ‘‘Covered employee’’ means apply to any employing office that only em- with the rulemaking procedure set forth in any employee of (1) the Office of Congres- ploys individuals excluded from the defini- section 304 of the CAA (2 U.S.C. § 1384). The sional Accessibility Services; (2) the Capitol tion of covered employee. purpose of subparts B, C and D of these regu- Police; (3) the Congressional Budget Office; lations is to define veterans’ preference and SEC. 1.102. DEFINITIONS. (4) the Office of the Architect of the Capitol; the administration of veterans’ preference as Except as otherwise provided in these regu- (5) the Office of the Attending Physician; or applicable to Federal employment in the lations, as used in these regulations: (6) the Office of Compliance, but does not in- Legislative branch. (5 U.S.C. § 2108, as applied (a) ‘‘Accredited physician’’ means a doctor clude an employee: (aa) whose appointment by the VEOA). The purpose of subpart E of of medicine or osteopathy who is authorized is made by the President with the advice and these regulations is to ensure that the prin- to practice medicine or surgery (as appro- consent of the Senate; or (bb) whose appoint- ciples of the veterans’ preference laws are in- priate) by the State in which the doctor ment is made by a Member of Congress or by tegrated into the existing employment and practices. The phrase ‘‘authorized to practice a committee or subcommittee of either retention policies and processes of those em- by the State’’ as used in this section means House of Congress or a joint committee of ploying offices with employees covered by that the provider must be authorized to diag- the House of Representatives and the Senate; the VEOA, and to provide for transparency nose and treat physical or mental health or (cc) who is appointed to a position, the du- in the application of veterans’ preference in conditions without supervision by a doctor ties of which are equivalent to those of a covered appointment and retention deci- or other health care provider. Senior Executive Service position (within sions. Provided, nothing in these regulations (b) ‘‘Act’’ or ‘‘CAA’’ means the Congres- the meaning of section 3132(a)(2) of title 5, shall be construed so as to require an em- sional Accountability Act of 1995, as amend- United States Code). The term covered employing office to reduce any existing vet- ed (Pub. L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301– ployee includes an applicant for employment erans’ preference rights and protections that 1438). in a covered position and a former covered it may afford to preference eligible individ- (c) ‘‘Active duty’’ or ‘‘active military employee. uals. duty’’ means full-time duty with military (h) ‘‘Covered position’’ means any position H Regs: (c) Scope of Regulations. The def- pay and allowances in the armed forces, ex- that is or will be held by a covered employee. inition of ‘‘covered employee’’ in Section 4(c) cept (1) for training or for determining phys- (i) ‘‘Disabled veteran’’ means a person who of the VEOA limits the scope of the statute’s ical fitness and (2) for service in the Reserves was separated under honorable conditions applicability within the Legislative branch. or National Guard. from active duty in the armed forces per- The term ‘‘covered employee’’ excludes any (d) ‘‘Appointment’’ means an individual’s formed at any time and who has established employee: (1) whose appointment is made by appointment to employment in a covered po- the present existence of a service-connected

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MR7.046 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1611 disability or is receiving compensation, dis- a person with the final authority to appoint, (applicable with respect to the Executive ability retirement benefits, or pensions be- hire, discharge, and set the terms, condi- branch)’’, section 4(c)(4)(B) of the VEOA au- cause of a public statute administered by the tions, or privileges of the employment of an thorizes the Board to ‘‘determine, for good Department of Veterans Affairs or a military employee of the House of Representatives or cause shown and stated together with the department. the Senate. regulation, that a modification of such regu- (j) Employee of the Office of the Architect S Regs: (n) ‘‘Employing office’’ means: (1) lations would be more effective for the im- of the Capitol includes any employee of the the personal office of a Senator; (2) a com- plementation of the rights and protections Office of the Architect of the Capitol or the mittee of the Senate or a joint committee of under’’ section 4(c) of the VEOA. Botanic Gardens. the House of Representatives and the Senate; (c) Rationale for Departure from the Most (k) Employee of the Capitol Police includes or (3) any other office headed by a person Relevant Executive Branch Regulations. The any member or officer of the Capitol Police. with the final authority to appoint, or be di- Board concludes that it must promulgate H Regs: (l) Employee of the House of Rep- rected by a Member of Congress to appoint, regulations accommodating the human re- resentatives includes an individual occu- hire, discharge, and set the terms, condi- source systems existing in the Legislative pying a position the pay of which is dis- tions, or privileges of the employment of an branch; and that such regulations must take bursed by the Clerk of the House of Rep- employee of the House of Representatives or into account the fact that the Board does not resentatives, or another official designated the Senate. possess the statutory and Executive Order by the House of Representatives, or any em- C Regs: (n) ‘‘Employing office’’ means: based government-wide policy making au- ployment position in an entity that is paid the Office of Congressional Accessibility thority underlying OPM’s counterpart VEOA with funds derived from the clerk-hire allow- Services, the Capitol Police, the Congres- regulations governing the Executive branch. ance of the House of Representatives but not sional Budget Office, the Office of the Archi- OPM’s regulations are designed for the com- any such individual employed by any entity tect of the Capitol, the Office of the Attend- petitive service (defined in 5 U.S.C. listed in subparagraphs (3) through (8) of ing Physician, and the Office of Compliance. § 2102(a)(2)), which does not exist in the em- paragraph (g) above nor any individual de- (o) ‘‘Office’’ means the Office of Compli- ploying offices subject to this regulation. scribed in subparagraphs (aa) through (dd) of ance. Therefore, to follow the OPM regulations paragraph (g) of section 1.102 of the regula- (p) ‘‘Preference eligible’’ means veterans, would create detailed and complex rules and tions classified with an ‘‘H’’ classification. spouses, widows, widowers or mothers who procedures for a workforce that does not S Regs: (l) Employee of the House of Rep- meet the definition of ‘‘preference eligible’’ exist in the Legislative branch, while pro- resentatives includes an individual occu- in 5 U.S.C. 2108(3)(A)–(G). viding no VEOA protections to the covered pying a position the pay of which is dis- (q) ‘‘Qualified applicant’’ means an appli- Legislative branch employees. We have cho- bursed by the Clerk of the House of Rep- cant for a covered position whom an employ- sen to propose specially tailored regulations, resentatives, or another official designated ing office deems to satisfy the requisite min- rather than simply to adopt those promul- by the House of Representatives, or any em- imum job-related requirements of the posi- gated by OPM, so that we may effectuate ployment position in an entity that is paid tion. Where the employing office uses an en- Congress’s intent in extending the principles with funds derived from the clerk-hire allow- trance examination or evaluation for a cov- of the veterans’ preference laws to the Legis- ance of the House of Representatives but not ered position that is numerically scored, the lative branch through the VEOA. any such individual employed by any entity term ‘‘qualified applicant’’ shall mean that SEC. 1.104. COORDINATION WITH SECTION 225 OF listed in subparagraphs (3) through (8) of the applicant has received a passing score on THE CONGRESSIONAL ACCOUNT- paragraph (g) above nor any individual de- the examination or evaluation. ABILITY ACT. scribed in subparagraphs (aa) through (dd) of (r) ‘‘Separated under honorable condi- Statutory directive. Section 4(c)(4)(C) of paragraph (g) of section 1.102 of the regulations’’ means either an honorable or a gen- the VEOA requires that promulgated regulations classified with an ‘‘H’’ classification. eral discharge from the armed forces. The tions must be consistent with section 225 of C Regs: (l) Employee of the House of Rep- Department of Defense is responsible for ad- the CAA. Among the relevant provisions of resentatives includes an individual occu- ministering and defining military dis- section 225 are subsection (f)(1), which pre- pying a position the pay of which is dis- charges. scribes as a rule of construction that defini- bursed by the Clerk of the House of Rep- (s) ‘‘Uniformed services’’ means the armed tions and exemptions in the laws made appli- resentatives, or another official designated forces, the commissioned corps of the Public cable by the CAA shall apply under the CAA, by the House of Representatives, or any em- Health Service, and the commissioned corps and subsection (f)(3), which states that the ployment position in an entity that is paid of the National Oceanic and Atmospheric Ad- CAA shall not be considered to authorize en- with funds derived from the clerk-hire allow- ministration. forcement of the CAA by the Executive ance of the House of Representatives but not (t) ‘‘VEOA’’ means the Veterans Employ- branch. any such individual employed by any entity ment Opportunities Act of 1998 (Pub. L. 105– Subpart B—Veterans’ Preference—General listed in paragraph (g) above nor any indi- 339, 112 Stat. 3182). Provisions vidual described in subparagraphs (aa) (u) ‘‘Veterans’’ means persons as defined in through (dd) of paragraph (g) of section 1.102 Sec. 5 U.S.C. 2108(1), or any superseding legisla- of the regulations classified with an ‘‘H’’ 1.105 Responsibility for administration of tion. classification. veterans’ preference. H Regs: (m) Employee of the Senate in- SEC. 1.103. ADOPTION OF REGULATIONS. 1.106 Procedures for bringing claims under cludes any employee whose pay is disbursed (a) Adoption of regulations. Section the VEOA. by the Secretary of the Senate, but not any 4(c)(4)(A) of the VEOA generally authorizes SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- such individual employed by any entity list- the Board to issue regulations to implement TION OF VETERANS’ PREFERENCE. ed in subparagraphs (3) through (8) of para- section 4(c). In addition, section 4(c)(4)(B) of Subject to section 1.106, employing offices graph (g) above nor any individual described the VEOA directs the Board to promulgate with covered employees or covered positions in subparagraphs (aa) through (ee) of para- regulations that are ‘‘the same as the most are responsible for making all veterans’ pref- graph (g) of section 1.102 of the regulations relevant substantive regulations (applicable erence determinations, consistent with the classified with an ‘‘S’’ classification. with respect to the Executive branch) pro- VEOA. S Regs: (m) Employee of the Senate in- mulgated to implement the statutory provi- SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS cludes any employee whose pay is disbursed sions referred to in paragraph (2)’’ of section UNDER THE VEOA. by the Secretary of the Senate, but not any 4(c) of the VEOA. Those statutory provisions Applicants for appointment to a covered such individual employed by any entity list- are section 2108, sections 3309 through 3312, position and covered employees may contest ed in subparagraphs (3) through (8) of para- and subchapter I of chapter 35, of title 5, adverse veterans’ preference determinations, graph (g) above nor any individual described United States Code. The regulations issued including any determination that a pref- in subparagraphs (aa) through (ee) of para- by the Board herein are on all matters for erence eligible applicant is not a qualified graph (g) of section 1.102 of the regulations which section 4(c)(4)(B) of the VEOA requires applicant, pursuant to sections 401–416 of the classified with an ‘‘S’’ classification. a regulation to be issued. Specifically, it is CAA, 2 U.S.C. §§ 1401–1416, and provisions of C Regs: (m) Employee of the Senate in- the Board’s considered judgment based on law referred to therein; 206a(3) of the CAA, 2 cludes any employee whose pay is disbursed the information available to it at the time of U.S.C. §§ 1401, section 4(c)(3) of the Veterans by the Secretary of the Senate, but not any promulgation of these regulations, that, Employment Opportunities Act of 1998; and such individual employed by any entity list- with the exception of the regulations adopt- the Office’s Procedural Rules. ed in paragraph (g) above nor any individual ed and set forth herein, there are no other Subpart C—Veterans’ preference in described in subparagraphs (aa) through (ee) ‘‘substantive regulations (applicable with re- appointments of paragraph (g) of section 1.102 of the regu- spect to the Executive branch) promulgated Sec. lations classified with an ‘‘S’’ classification. to implement the statutory provisions re- 1.107 Veterans’ preference in appointments H Regs: (n) ‘‘Employing office’’ means: (1) ferred to in paragraph (2)’’ of section 4(c) of to restricted covered positions. the personal office of a Member of the House the VEOA that need be adopted. 1.108 Veterans’ preference in appointments of Representatives; (2) a committee of the (b) Modification of substantive regula- to non-restricted covered posi- House of Representatives or a joint com- tions. As a qualification to the statutory ob- tions. mittee of the House of Representatives and ligation to issue regulations that are ‘‘the 1.109 Crediting experience in appointments the Senate; or (3) any other office headed by same as the most substantive regulations to covered positions.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0655 E:\CR\FM\A08MR7.015 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1612 CONGRESSIONAL RECORD — HOUSE March 8, 2011 1.110 Waiver of physical requirements in ap- immediately before his/her entrance into the 1.113 Crediting experience in reductions in pointments to covered posi- military service, or (2) on the basis of actual force. tions. duties performed in the military service, or 1.114 Waiver of physical requirements in re- SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- (3) as a combination of both methods. Em- ductions in force. MENTS TO RESTRICTED POSITIONS. ploying offices shall credit time spent in the 1.115 Transfer of functions. In each appointment action for the posi- military service according to the method SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- tions of custodian, elevator operator, guard, that will be of most benefit to the preference TIONS IN FORCE. and messenger (as defined below and collec- eligible applicant; and (a) Competing covered employees are the tively referred to in these regulations as re- (b) for all experience material to the posi- covered employees within a particular posi- stricted covered positions) employing offices tion for which the applicant is being consid- tion or job classification, at or within a par- shall restrict competition to preference eli- ered, including experience gained in reli- ticular competitive area, as those terms are gible applicants as long as qualified pref- gious, civic, welfare, service, and organiza- defined below. erence eligible applicants are available. The tional activities, regardless of whether he/ (b) Competitive area is that portion of the provisions of sections 1.109 and 1.110 below she received pay therefor. employing office’s organizational structure, shall apply to the appointment of a pref- SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS as determined by the employing office, in erence eligible applicant to a restricted cov- IN APPOINTMENTS TO COVERED PO- which covered employees compete for reten- ered position. The provisions of section 1.108 SITIONS. tion. A competitive area must be defined shall apply to the appointment of a pref- (a) Subject to (c) below, in determining solely in terms of the employing office’s or- erence eligible applicant to a restricted cov- qualifications of a preference eligible for ap- ganizational unit(s) and geographical loca- ered position, in the event that there is more pointment, an employing office shall waive: tion, and it must include all employees with- than one preference eligible applicant for the (1) with respect to a preference eligible ap- in the competitive area so defined. A composition. plicant, requirements as to age, height, and petitive area may consist of all or part of an Custodian—One whose primary duty is the weight, unless the requirement is essential employing office. The minimum competitive performance of cleaning or other ordinary to the performance of the duties of the posi- area is a department or subdivision of the routine maintenance duties in or about a tion; and employing office within the local commuting government building or a building under (2) with respect to a preference eligible ap- area. Federal control, park, monument, or other plicant to whom it has made a conditional (c) Position classifications or job classi- Federal reservation. offer of employment, physical requirements fications are determined by the employing Elevator operator—One whose primary if, in the opinion of the employing office, on office, and shall refer to all covered positions duty is the running of freight or passenger the basis of evidence before it, including any within a competitive area that are in the elevators. The work includes opening and recommendation of an accredited physician same grade, occupational level or classifica- closing elevator gates and doors, working el- submitted by the preference eligible appli- tion, and which are similar enough in duties, evator controls, loading and unloading the cant, the preference eligible applicant is qualification requirements, pay schedules, elevator, giving information and directions physically able to perform efficiently the du- tenure (type of appointment) and working to passengers such as on the location of of- ties of the position; conditions so that an employing office may fices, and reporting problems in running the (b) Subject to (c) below, if an employing of- reassign the incumbent of one position to elevator. fice determines, on the basis of evidence be- any of the other positions in the position Guard—One whose primary duty is the as- fore it, including any recommendation of an classification without undue interruption. signment to a station, beat, or patrol area in accredited physician submitted by the pref- (d) Preference Eligibles. For the purpose of a Federal building or a building under Fed- erence eligible applicant, that an applicant applying veterans’ preference in reductions eral control to prevent illegal entry of per- to whom it has made a conditional offer of in force, except with respect to the applica- sons or property; or required to stand watch employment is preference eligible as a dis- tion of section 1.114 of these regulations re- at or to patrol a Federal reservation, indus- abled veteran as described in 5 U.S.C. garding the waiver of physical requirements, trial area, or other area designated by Fed- § 2108(3)(C) and who has a compensable serv- the following shall apply: eral authority, in order to protect life and ice-connected disability of 30 percent or (1) ‘‘active service’’ has the meaning given property; make observations for detection of more is not able to fulfill the physical re- it by section 101 of title 37; (2) ‘‘a retired member of a uniformed serv- fire, trespass, unauthorized removal of public quirements of the covered position, the em- ice’’ means a member or former member of a property or hazards to Federal personnel or ploying office shall notify the preference eli- uniformed service who is entitled, under property. The term guard does not include gible applicant of the reasons for the deter- statute, to retired, retirement, or retainer law enforcement officer positions of the Cap- mination and of the right to respond and to pay on account of his/her service as such a itol Police. submit additional information to the em- member; and Messenger—One whose primary duty is the ploying office, within 15 days of the date of (3) a preference eligible covered employee supervision or performance of general mes- the notification. The head of the employing who is a retired member of a uniformed serv- senger work (such as running errands, deliv- office may, by providing written notice to ice is considered a preference eligible only if ering messages, and answering call bells). the preference eligible applicant, shorten the period for submitting a response with respect (A) his/her retirement was based on dis- SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- ability— MENTS TO NON-RESTRICTED COV- to an appointment to a particular covered position, if necessary because of a need to (i) resulting from injury or disease re- ERED POSITIONS. ceived in line of duty as a direct result of (a) Where an employing office has duly fill the covered position immediately. Should the preference eligible applicant armed conflict; or adopted a policy requiring the numerical (ii) caused by an instrumentality of war scoring or rating of applicants for covered make a timely response, the highest ranking individual or group of individuals with au- and incurred in the line of duty during a pe- positions, the employing office shall add riod of war as defined by sections 101 and 1101 points to the earned ratings of those pref- thority to make employment decisions on behalf of the employing office shall render a of title 38; erence eligible applicants who receive pass- (B) his/her service does not include twenty final determination of the physical ability of ing scores in an entrance examination, in a or more years of full-time active service, re- the preference eligible applicant to perform manner that is proportionately comparable gardless of when performed but not including the duties of the position, taking into ac- to the points prescribed in 5 U.S.C. § 3309. For periods of active duty for training; or count the response and any additional infor- example, five preference points shall be (C) on November 30, 1964, he/she was em- mation provided by the preference eligible granted to preference eligible applicants in a ployed in a position to which this subchapter applicant. When the employing office has 100-point system, one point shall be granted applies and thereafter he/she continued to be completed its review of the proposed dis- in a 20-point system, and so on. so employed without a break in service of qualification on the basis of physical dis- (b) In all other situations involving ap- more than 30 days. ability, it shall send its findings to the pref- pointment to a covered position, employing The definition of ‘‘preference eligible’’ as erence eligible applicant. offices shall consider veterans’ preference set forth in 5 U.S.C. § 2108 and section 1.102(p) (c) Nothing in this section shall relieve an eligibility as an affirmative factor in the em- of these regulations shall apply to waivers of employing office of any obligations it may ploying office’s determination of who will be physical requirements in determining an em- have pursuant to the Americans with Dis- appointed from among qualified applicants. ployee’s qualifications for retention under abilities Act of 1990 (42 U.S.C. § 12101 et seq.) SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- section 1.114 of these regulations. MENTS TO COVERED POSITIONS. as applied by section 102(a)(3) of the Act, 2 H&S Regs: (e) Reduction in force is any When considering applicants for covered U.S.C. § 1302(a)(3). termination of a covered employee’s employ- positions in which experience is an element Subpart D—Veterans’ preference in ment or the reduction in pay and/or position of qualification, employing offices shall pro- reductions in force grade of a covered employee for more than 30 vide preference eligible applicants with cred- Sec. days and that may be required for budgetary it: 1.111 Definitions applicable in reductions in or workload reasons, changes resulting from (a) for time spent in the military service force. reorganization, or the need to make room for (1) as an extension of time spent in the posi- 1.112 Application of preference in reductions an employee with reemployment or restoration in which the applicant was employed in force. tion rights. The term ‘‘reduction in force’’

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.015 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1613 does not encompass a termination or other paign or expedition for which a campaign which he/she is qualified before the receiving personnel action: (1) predicated upon per- badge has been authorized; or employing office may make an appointment formance, conduct or other grounds attrib- (2) the total length of time in active serv- from another source to that position. utable to an employee, or (2) involving an ice in the armed forces if he is included (b) When one employing office is replaced employee who is employed by the employing under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and by another employing office, each covered office on a temporary basis, or (3) attrib- (c) a preference eligible covered employee employee in the affected position classifica- utable to a change in party leadership or ma- is entitled to credit for: tions or job classifications in the employing jority party status within the House of Con- (1) service rendered as an employee of a office to be replaced shall be transferred to gress where the employee is employed. county committee established pursuant to the replacing employing office for employ- C Regs: (e) Reduction in force is any ter- section 8(b) of the Soil Conservation and Do- ment in a covered position for which he/she mination of a covered employee’s employ- mestic Allotment Act or of a committee or is qualified before the replacing employing ment or the reduction in pay and/or position association of producers described in section office may make an appointment from an- grade of a covered employee for more than 30 10(b) of the Agricultural Adjustment Act, re- other source to that position. days and that may be required for budgetary enacted with amendments by the Agricul- Subpart E—Adoption of Veterans’ preference or workload reasons, changes resulting from tural Marketing Agreement Act of 1937; and policies, recordkeeping & informational re- reorganization, or the need to make room for (2) service rendered as an employee de- quirements an employee with reemployment or restora- scribed in 5 U.S.C. § 2105(c) if such employee tion rights. The term ‘‘reduction in force’’ Sec. moves or has moved, on or after January 1, 1.116 Adoption of veterans’ preference policy. does not encompass a termination or other 1966, without a break in service of more than 1.117 Preservation of records made or kept. personnel action: (1) predicated upon per- 3 days, from a position in a nonappropriated 1.118 Dissemination of veterans’ preference formance, conduct or other grounds attrib- fund instrumentality of the Department of policies to applicants for cov- utable to an employee, or (2) involving an Defense or the Coast Guard to a position in ered positions. employee who is employed by the employing the Department of Defense or the Coast 1.119 Information regarding veterans’ pref- office on a temporary basis. Guard, respectively, that is not described in erence determinations in ap- (f) Undue interruption is a degree of inter- 5 U.S.C. § 2105(c). pointments. ruption that would prevent the completion SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS 1.120 Dissemination of veterans’ preference of required work by a covered employee 90 IN REDUCTIONS IN FORCE. policies to covered employees. days after the employee has been placed in a (a) If an employing office determines, on 1.121 Written notice prior to a reduction in different position under this part. The 90-day the basis of evidence before it, that a covered force. standard should be considered within the al- employee is preference eligible, the employ- lowable limits of time and quality, taking SEC. 1.116. ADOPTION OF VETERANS’ PREF- ing office shall waive, in determining the ERENCE POLICY. into account the pressures of priorities, covered employee’s retention status in a re- No later than 120 calendar days following deadlines, and other demands. However, duction in force: Congressional approval of this regulation, work generally would not be considered to be (1) requirements as to age, height, and each employing office that employs one or unduly interrupted if a covered employee weight, unless the requirement is essential more covered employees or that seeks appli- needs more than 90 days after the reduction to the performance of the duties of the posi- cants for a covered position shall adopt its in force to perform the optimum quality or tion; and written policy specifying how it has inte- quantity of work. The 90-day standard may (2) physical requirements if, in the opinion grated the veterans’ preference requirements be extended if placement is made under this of the employing office, on the basis of evi- of the Veterans Employment Opportunities part to a program accorded low priority by dence before it, including any recommenda- Act of 1998 and these regulations into its em- the employing office, or to a vacant position. tion of an accredited physician submitted by ployment and retention processes. Each such SEC. 1.112. APPLICATION OF PREFERENCE IN RE- the employee, the preference eligible covered employing office will make its policies avail- DUCTIONS IN FORCE. employee is physically able to perform effi- Prior to carrying out a reduction in force able to applicants for appointment to a cov- ciently the duties of the position. ered position and to covered employees in that will affect covered employees, employ- (b) If an employing office determines that ing offices shall determine which, if any, accordance with these regulations. The act a covered employee who is a preference eligi- of adopting a veterans’ preference policy covered employees within a particular group ble as a disabled veteran as described in 5 of competing covered employees are entitled shall not relieve any employing office of any U.S.C. § 2108(3)(C) and has a compensable other responsibility or requirement of the to veterans’ preference eligibility status in service-connected disability of 30 percent or accordance with these regulations. In deter- Veterans Employment Opportunities Act of more is not able to fulfill the physical re- 1998 or these regulations. An employing of- mining which covered employees will be requirements of the covered position, the em- tained, employing offices will treat veterans’ fice may amend or replace its veterans’ pref- ploying office shall notify the preference eli- erence policies as it deems necessary or ap- preference as the controlling factor in reten- gible covered employee of the reasons for the tion decisions among such competing cov- propriate, so long as the resulting policies determination and of the right to respond are consistent with the VEOA and these reg- ered employees, regardless of length of serv- and to submit additional information to the ice or performance, provided that the pref- ulations. employing office within 15 days of the date of SEC. 1.117. PRESERVATION OF RECORDS MADE erence eligible employee’s performance has the notification. Should the preference eligi- not been determined to be unacceptable. OR KEPT. ble covered employee make a timely re- An employing office that employs one or Provided, a preference eligible employee who sponse, the highest ranking individual or is a ‘‘disabled veteran’’ under section 1.102(i) more covered employees or that seeks appli- group of individuals with authority to make cants for a covered position shall maintain above who has a compensable service-con- employment decisions on behalf of the em- nected disability of 30 percent or more and any records relating to the application of its ploying office, shall render a final deter- veterans’ preference policy to applicants for whose performance has not been determined mination of the physical ability of the pref- to be unacceptable by an employing office is covered positions and to workforce adjust- erence eligible covered employee to perform ment decisions affecting covered employees entitled to be retained in preference to other the duties of the covered position, taking preference eligible employees. Provided, this for a period of at least one year from the into account the evidence before it, includ- date of the making of the record or the date section does not relieve an employing office ing the response and any additional informa- of any greater obligation it may be subject of the personnel action involved or, if later, tion provided by the preference eligible. one year from the date on which the appli- to pursuant to the Worker Adjustment and When the employing office has completed its Retraining Notification Act (29 U.S.C. § 2101 cant or covered employee is notified of the review of the proposed disqualification on personnel action. Where a claim has been et seq.) as applied by section 102(a)(9) of the the basis of physical disability, it shall send CAA, 2 U.S.C. § 1302(a)(9). brought under section 401 of the CAA against its findings to the preference eligible covered an employing office under the VEOA, the re- SEC. 1.113. CREDITING EXPERIENCE IN REDUC- employee. spondent employing office shall preserve all TIONS IN FORCE. (c) Nothing in this section shall relieve an In computing length of service in connec- personnel records relevant to the claim until employing office of any obligation it may tion with a reduction in force, the employing final disposition of the claim. The term ‘‘per- have pursuant to the Americans with Dis- office shall provide credit to preference eligi- sonnel records relevant to the claim’’, for ex- abilities Act of 1990 (42 U.S.C. § 12101 et seq.) ble covered employees as follows: ample, would include records relating to the as applied by section 102(a)(3) of the CAA, 2 (a) a preference eligible covered employee veterans’ preference determination regard- U.S.C. § 1302(a)(3). who is not a retired member of a uniformed ing the person bringing the claim and service is entitled to credit for the total SEC. 1.115. TRANSFER OF FUNCTIONS. records relating to any veterans’ preference length of time in active service in the armed (a) When a function is transferred from one determinations regarding other applicants forces; employing office to another employing of- for the covered position the person sought, (b) a preference eligible covered employee fice, each covered employee in the affected or records relating to the veterans’ pref- who is a retired member of a uniformed serv- position classifications or job classifications erence determinations regarding other cov- ice is entitled to credit for: in the function that is to be transferred shall ered employees in the person’s position or (1) the length of time in active service in be transferred to the receiving employing of- job classification. The date of final disposi- the armed forces during a war, or in a cam- fice for employment in a covered position for tion of the charge or the action means the

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.015 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1614 CONGRESSIONAL RECORD — HOUSE March 8, 2011 latest of the date of expiration of the statu- the manner in which veterans’ preference (B) a list of all covered employee(s) in the tory period within which the aggrieved per- was applied in the employing office’s ap- covered employee’s position classification or son may file a complaint with the Office or pointment decision regarding that applicant. job classification and competitive area who in a U.S. District Court or, where an action Such explanation shall include at a min- will not be retained by the employing office, is brought against an employing office by imum: identifying those employees by job title only the aggrieved person, the date on which such (a) the employing office’s veterans’ pref- and stating whether each such employee is litigation is terminated. erence policy or a summary description of preference eligible; and SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- the employing office’s veterans’ preference (7) a description of any appeal or other ERENCE POLICIES TO APPLICANTS policy as it relates to appointments to cov- rights which may be available. FOR COVERED POSITIONS. ered positions; and (c) The head of the employing office may, (a) An employing office shall state in any (b) a statement as to whether the applicant in writing, shorten the period of advance no- announcements and advertisements it makes is preference eligible and, if not, a brief tice required under subsection (a), with re- concerning vacancies in covered positions statement of the reasons for the employing spect to a particular reduction in force, if that the staffing action is governed by the office’s determination that the applicant is necessary because of circumstances not rea- VEOA. not preference eligible. sonably foreseeable. (b) An employing office shall invite appli- SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- (d) No notice period may be shortened to cants for a covered position to identify ERENCE POLICIES TO COVERED EM- less than 30 days under this subsection. themselves as veterans’ preference eligible PLOYEES. f applicants, provided that in doing so: (a) If an employing office that employs one (1) the employing office shall state clearly or more covered employees provides any LEAVE OF ABSENCE on any written application or questionnaire written guidance to such employees con- used for this purpose or make clear orally, if cerning employee rights generally or reduc- By unanimous consent, leave of ab- a written application or questionnaire is not tions in force more specifically, such as in a sence was granted to: used, that the requested information is in- written employee policy, manual or hand- Mr. HANNA (at the request of Mr. tended for use solely in connection with the book, such guidance must include informa- CANTOR) for today on account of med- employing office’s obligations and efforts to tion concerning veterans’ preference under ical reasons. provide veterans’ preference to preference el- the VEOA, as set forth in subsection (b) of Mr. REICHERT (at the request of Mr. igible applicants in accordance with the this regulation. CANTOR) for today on account of the VEOA; (b) Written guidance described in sub- passing of his mother-in-law. (2) the employing office shall state clearly section (a) above shall include, at a min- that disabled veteran status is requested on imum: f a voluntary basis, that it will be kept con- (1) the VEOA definition of ‘‘preference eli- PUBLICATION OF COMMITTEE fidential in accordance with the Americans gible’’ as set forth in 5 U.S.C. § 2108 or any su- with Disabilities Act of 1990 (42 U.S.C. § 12101 perseding legislation, providing the actual, RULES et seq.) as applied by section 102(a)(3) of the current definition along with the statutory RULES OF THE COMMITTEE ON HOUSE CAA, 2 U.S.C. § 1302(a)(3), that refusal to pro- citation; and ADMINISTRATION FOR THE 112TH CONGRESS vide it will not subject the individual to any (2) the employing office’s veterans’ pref- March 2, 2011. adverse treatment except the possibility of erence policy or a summary description of Hon. KAREN HAAS, an adverse determination regarding the indi- the employing office’s veterans’ preference Clerk of the House of Representatives, vidual’s status as a preference eligible appli- policy as it relates to reductions in force, in- Washington, DC. cant as a disabled veteran under the VEOA, cluding the procedures the employing office DEAR MS. HAAS: Pursuant to clause 2(a) of and that any information obtained in accord- shall take to identify preference eligible em- Rule XI of the Rules of the House of Rep- ance with this section concerning the med- ployees. resentatives, I hereby submit the Rules of ical condition or history of an individual will (3) the employing office may provide other the Committee on House Administration for be collected, maintained and used only in ac- information in its guidance regarding its the 112th Congress for publication in the cordance with the Americans with Disabil- veterans’ preference policies and practices, Congressional Record. The Rules were adopt- ities Act of 1990 (42 U.S.C. § 12101 et seq.) as but is not required to do so by these regula- ed by the Committee in a meeting that was applied by section 102(a)(3) of the CAA, 2 tions. open to the public and with a quorum (c) Employing offices are also expected to U.S.C. § 1302(a)(3); and present. answer questions from covered employees (3) the employing office shall state clearly If you have any questions about the Rules that are relevant and non-confidential con- that applicants may request information please contact Kimani Little, the Committee cerning the employing office’s veterans’ pref- about the employing office’s veterans’ pref- Parliamentarian. erence policies and practices. erence policies as they relate to appoint- Sincerely, ments to covered positions, and shall de- SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- DANIEL E. LUNGREN, scribe the employing office’s procedures for TION IN FORCE. Chairman, making such requests. (a) Except as provided under subsection (c), Committee on House Administration. (c) Upon written request by an applicant a covered employee may not be released due for a covered position, an employing office to a reduction in force, unless the covered COMMITTEE RESOLUTION 112–1 shall provide the following information in employee and the covered employee’s exclu- Resolved, that the rules of the Committee writing: sive representative for collective-bargaining on House Administration for the 112th Con- (1) the VEOA definition of ‘‘preference eli- purposes (if any) are given written notice, in gress are hereby adopted, as follows: gible’’ as set forth in 5 U.S.C. § 2108 or any su- conformance with the requirements of para- RULES OF THE COMMITTEE ON HOUSE ADMINIS- perseding legislation, providing the actual, graph (b), at least 60 days before the covered TRATION ONE HUNDRED TWELFTH CONGRESS current definition in a manner designed to be employee is so released. Rule No. 1—General Provisions understood by applicants, along with the (b) Any notice under paragraph (a) shall in- statutory citation; and clude— (a) The Rules of the House are the rules of (2) the employing office’s veterans’ pref- (1) the personnel action to be taken with the Committee so far as applicable, except erence policy or a summary description of respect to the covered employee involved; that a motion to recess from day to day is a the employing office’s veterans’ preference (2) the effective date of the action; privileged motion in the Committee. Each policy as it relates to appointments to cov- (3) a description of the procedures applica- subcommittee of the committee is a part of ered positions, including any procedures the ble in identifying employees for release; the committee and is subject to the author- employing office shall use to identify pref- (4) the covered employee’s competitive ity and direction of the chair and to its rules erence eligible employees; area; as far as applicable. (3) the employing office may provide other (5) the covered employee’s eligibility for (b) The Committee is authorized at any information to applicants regarding its vet- veterans’ preference in retention and how time to conduct such investigations and erans’ preference policies and practices, but that preference eligibility was determined; studies as it may consider necessary or ap- is not required to do so by these regulations. (6) the retention status and preference eli- propriate in the exercise of its responsibil- (d) Employing offices are also expected to gibility of the other employees in the af- ities under House Rule X and, subject to the answer questions from applicants for covered fected position classifications or job classi- adoption of expense resolutions as required positions that are relevant and non-confiden- fications within the covered employee’s com- by House Rule X, clause 6, to incur expenses tial concerning the employing office’s vet- petitive area, by providing: (including travel expenses) in connection erans’ preference policies and practices. (A) a list of all covered employee(s) in the therewith. SEC. 1.119. INFORMATION REGARDING VET- covered employee’s position classification or (c) The Committee is authorized to have ERANS’ PREFERENCE DETERMINA- job classification and competitive area who printed and bound testimony and other data TIONS IN APPOINTMENTS. will be retained by the employing office, presented at hearings held by the Com- Upon written request by an applicant for a identifying those employees by job title only mittee, and to make such information avail- covered position, the employing office shall and stating whether each such employee is able to the public. All costs of stenographic promptly provide a written explanation of preference eligible, and services and transcripts in connection with

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.015 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1615 any meeting or hearing of the Committee sons as the Committee may authorize, shall (1) to sit and act at such times and places shall be paid from the appropriate House ac- be present in any business or markup session within the United States, whether the House count. which has been closed to the public. To the is in session, has recessed, or has adjourned, (d) The Committee shall submit to the maximum extent practicable, the Chair shall and to hold such hearings; and House, not later than the 30th day after June cause to be provided audio and video cov- (2) to require, by subpoena or otherwise, 1 and December 1 of each year, a semiannual erage of each hearing or meeting that allows the attendance and testimony of such wit- report on the activities of the committee the public to easily listen to and view the nesses and the production of such books, under House Rules X and XI. proceedings and maintain the recordings of records, correspondence, memorandums, pa- (e) The Committee’s rules shall be made such coverage in a manner that is easily ac- pers, documents and other materials as it publicly available in electronic form and cessible to the public. deems necessary, including materials in elec- published in the Congressional Record not Rule No. 4—Records and Rollcalls tronic form. The Chair, or any member des- later than 30 days after the Committee is ignated by the Chair, may administer oaths elected in each odd-numbered year. (a)(1) A record vote shall be held if re- to any witness. quested by any member of the Committee. Rule No. 2—Regular and Special Meetings (b)(1) A subpoena may be authorized and (2) The result of each record vote in any issued by the Committee or subcommittee in (a) The regular meeting date of the Com- meeting of the Committee shall be made the conduct of any investigation or series of mittee on House Administration shall be the available for inspection by the public at rea- investigations or activities, only when au- second Wednesday of every month when the sonable times at the Committee offices, in- thorized by a majority of the members vot- House is in session in accordance with Clause cluding a description of the amendment, mo- ing, a majority being present. The power to 2(b) of House Rule XI. Additional meetings tion, order or other proposition; the name of authorize and issue subpoenas under sub- may be called by the Chair of the Committee each member voting for and against; and the paragraph (a)(2) may be delegated to the as she or he may deem necessary or at the members present but not voting. Chair pursuant to such rules and under such request of a majority of the members of the (3) The Chairman shall make the record of limitations as the Committee may prescribe. Committee in accordance with Clause 2(c) of the votes on any question on which a record Authorized subpoenas shall be signed by the House Rule XI. The determination of the vote is demanded available on the Commit- Chair or by any member designated by the business to be considered at each meeting tee’s website not later than 48 hours after Committee, and may be served by any person shall be made by the Chair subject to Clause such vote is taken (excluding Saturdays, designated by the Chair or such member. 2(c) of House Rule XI. A regularly scheduled Sundays, and legal holidays). Such record (2) Compliance with any subpoena issued meeting may be dispensed with if, in the shall include a description of the amend- by the Committee or a subcommittee may be judgment of the Chair, there is no need for ment, motion, order, or other proposition, enforced only as authorized or directed by the meeting. the name of each member voting for and the House. (b) If the Chair is not present at any meet- each member voting against such amend- Rule No. 7—Quorums ing of the Committee, or at the discretion of ment, motion, order, or proposition, and the No measure or recommendation shall be the Chair, the Vice Chair of the Committee names of those members of the committee reported to the House unless a majority of shall preside at the meeting. If the Chair and present but not voting. the Committee is actually present. For the Vice Chair of the Committee are not present (4) The Chairman shall make available on purposes of taking any action other than re- at any meeting of the Committee, the rank- the Committee’s website not later than 24 porting any measure, issuance of a subpoena, ing member of the majority party who is hours (excluding Saturdays, Sundays, and closing meetings, promulgating Committee present shall preside at the meeting. legal holidays) after the adoption of any orders, or changing the rules of the Com- (c) The Chair, in the case of meetings to be amendment to a measure or matter the text mittee, one-third of the members of the conducted by the Committee, and the appro- of such amendment. Committee shall constitute a quorum. For priate subcommittee chair, in the case of (b)(1) Subject to subparagraph (2), the purposes of taking testimony and receiving meetings to be conducted by a sub- Chair may postpone further proceedings evidence, two members shall constitute a committee, shall make public announcement when a record vote is ordered on the ques- quorum. of the date, place, and subject matter of any tion of approving any measure or matter or meeting to be conducted on any measure or adopting an amendment. The Chair may re- Rule No. 8—Amendments matter. Such meeting shall not commence sume proceedings on a postponed request at Any amendment offered to any pending earlier than the third day on which members any time. legislation before the Committee or a sub- have notice thereof. If the Chair, with the (2) In exercising postponement authority committee must be made available in writ- concurrence of the ranking minority mem- under subparagraph (1), the Chair shall take ten form when requested by any member of ber, determines that there is good cause to all reasonable steps necessary to notify the Committee. If such amendment is not begin the meeting sooner, or if the Com- members on the resumption of proceedings available in written form when requested, mittee so determines by majority vote, a on any postponed record vote. the Chair will allow an appropriate period of quorum being present, the Chair shall make (3) When proceedings resume on a post- time for the provision thereof. the announcement at the earliest possible poned question, notwithstanding any inter- Rule No. 9—Hearing Procedures date. The announcement shall promptly be vening order for the previous question, an (a) The Chair, in the case of hearings to be made publicly available in electronic form underlying proposition shall remain subject conducted by the Committee, and the appro- and published in the Daily Digest. to further debate or amendment to the same priate subcommittee chair, in the case of (d) The Chair, in the case of meetings to be extent as when the question was postponed. hearings to be conducted by a subcommittee, conducted by the Committee, and the appro- (c) All Committee and subcommittee hear- shall make public announcement of the date, priate subcommittee chair, in the case of ings, records, data, charts, and files shall be place, and subject matter of any hearing to meetings to be conducted by a sub- kept separate and distinct from the congres- be conducted on any measure or matter at committee, shall make available on the sional office records of the member serving least one (1) week before the commencement Committee’s web site the text of any legisla- as Chair; and such records shall be the prop- of that hearing. If the Chair, with the con- tion to be marked up at a meeting at least 24 erty of the House and all members of the currence of the ranking minority member, hours before such meeting (or at the time of House shall have access thereto. determines that there is good cause to begin an announcement made within 24 hours of (d) House records of the Committee which the hearing sooner, or if the Committee so such meeting). This requirement shall also are at the National Archives shall be made determines by majority vote, a quorum being apply to any resolution or regulation to be available pursuant to House Rule VII. The present, the Chair shall make the announce- considered at a meeting. Chair shall notify the ranking minority ment at the earliest possible date. The clerk Rule No. 3—Open Meetings member of any decision to withhold a record of the Committee shall promptly notify the As required by Clause 2(g), of House Rule pursuant to the rule, and shall present the Daily Digest Clerk of the Congressional XI, each meeting for the transaction of busi- matter to the Committee upon written re- Record as soon as possible after such public ness, including the markup of legislation of quest of any Committee member. announcement is made. the Committee shall be open to the public (e) To the maximum extent feasible, the (b) Unless excused by the Chair, each wit- except when the Committee in open session Committee shall make its publications avail- ness who is to appear before the Committee and with a quorum present determines by able in electronic form. or a subcommittee shall file with the clerk record vote that all or part of the remainder Rule No. 5—Proxies of the Committee, at least 48 hours in ad- of the meeting on that day shall be closed to No vote by any member in the Committee vance of his or her appearance, a written the public because disclosure of matters to may be cast by proxy. statement of his or her proposed testimony be considered would endanger national secu- and shall limit his or her oral presentation rity, would compromise sensitive law en- Rule No. 6—Power to Sit and Act; Subpoena to a summary of his or her statement. forcement information, or would tend to de- Power (c) When any hearing is conducted by the fame, degrade or incriminate any person, or (a) For the purpose of carrying out any of Committee upon any measure or matter, the otherwise would violate any law or rule of its functions and duties under House Rules X minority party members on the Committee the House: Provided, however, that no person and XI, the Committee or any subcommittee shall be entitled, upon request to the Chair other than members of the Committee, and thereof is authorized (subject to subpara- by a majority of those minority members be- such congressional staff and such other per- graph (b)(1) of this paragraph)— fore the completion of such hearing, to call

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.019 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1616 CONGRESSIONAL RECORD — HOUSE March 8, 2011 witnesses selected by the minority to testify Committee and to take or cause to be taken manager’’ of a bill or resolution during its with respect to that measure or matter dur- necessary steps to bring the matter to a consideration in the House. ing at least one day of hearings thereon. vote. Rule No. 11—Committee Oversight (2) In any event, the report of the Com- (d) Any member of the Committee may, if The Committee shall conduct oversight of mittee on a measure which has been ap- a subcommittee grants unanimous consent matters within the jurisdiction of the Com- proved by the Committee shall be filed with- for a specific hearing, be permitted to sit mittee in accordance with House Rule X, in 7 calendar days (exclusive of days on during that hearing with a subcommittee on clause 2 and clause 4. Not later than Feb- which he or she does not serve, but no mem- which the House is not in session) after the day on which there has been filed with the ruary 15 of the first session of a Congress, ber who has not been elected to a sub- the Committee shall, in a meeting that is committee shall count for a quorum, offer clerk of the Committee a written request, signed by a majority of the members of the open to the public and with a quorum any measure, motion, or amendment, or vote present, adopt its oversight plan for that on any matter before that subcommittee. Committee, for the reporting of that measure. Upon the filing of any such request, the Congress in accordance with House Rule X, (e) Committee or subcommittee members clause 2(d). may question witnesses only when they have clerk of the Committee shall transmit imme- been recognized by the Chair for that pur- diately to the Chair notice of the filing of Rule No. 12—Review of Continuing Programs; pose, and only for a 5-minute period until all that request. Budget Act Provisions members present have had an opportunity to (b)(1) No measure or recommendation shall (a) The Committee shall, in its consider- question a witness. The 5-minute period for be reported to the House unless a majority of ation of all bills and joint resolutions of a questioning a witness by any one member the Committee is actually present. public character within its jurisdiction, en- (2) With respect to each record vote on a can be extended as provided by House Rules. sure that appropriation for continuing pro- motion to report any measure or matter of a The questioning of a witness in Committee grams and activities of the Federal Govern- public character, and on any amendment of- or subcommittee hearings shall be initiated ment will be made annually to the maximum fered to the measure or matter, the total by the Chair, followed by the ranking minor- extent feasible and consistent with the na- number of votes cast for and against, and the ity member and all other members alter- ture, requirement, and objectives of the pro- names of those members voting for and nating between the majority and minority. grams and activities involved. For the pur- against, shall be included in the Committee In recognizing members to question wit- poses of this paragraph a Government agen- report on the measure or matter. cy includes the organizational units of gov- nesses in this fashion, the Chair shall take (c) The report of the Committee on a meas- ernment listed in Clause 4(e) of Rule X of into consideration the ratio of the majority ure or matter which has been approved by to minority members present and shall es- House Rules. the Committee shall include the matters re- (b) The Committee shall review, from time tablish the order of recognition for ques- quired by Clause 3(c) of Rule XIII of the tioning in such a manner as not to disadvan- to time, each continuing program within its Rules of the House. jurisdiction for which appropriations are not tage the members of the majority. The Chair (d) If, at the time any measure or matter made annually in order to ascertain whether may accomplish this by recognizing two ma- is ordered reported by the Committee, any such program could be modified so that ap- jority members for each minority member member of the Committee gives notice of in- recognized. tention to file supplemental, minority, or ad- propriations therefore would be made annu- (f) The following additional rules shall ditional views, that member shall be entitled ally. (c) The Committee shall, on or before Feb- apply to hearings of the Committee or a sub- to not less than two additional calendar days ruary 25 of each year, submit to the Com- committee, as applicable: after the day of such notice, commencing on mittee on the Budget (1) its views and esti- (1) The Chair at a hearing shall announce the day on which the measure or matter(s) in an opening statement the subject of the was approved, excluding Saturdays, Sundays, mates with respect to all matters to be set investigation. and legal holidays, in which to file such forth in the concurrent resolution on the (2) A copy of the Committee rules and this views, in writing and signed by that member, budget for the ensuing fiscal year which are clause shall be made available to each wit- with the clerk of the Committee. All such within its jurisdiction or functions, and (2) ness as provided by clause 2(k)(2) of Rule XI. views so filed by one or more members of the an estimate of the total amounts of new (3) Witnesses at hearings may be accom- Committee shall be included within, and budget authority, and budget outlays result- panied by their own counsel for the purpose shall be a part of, the report filed by the ing there from, to be provided or authorized of advising them concerning their constitu- Committee with respect to that measure or in all bills and resolutions within its juris- tional rights. matter. The report of the Committee upon diction which it intends to be effective dur- (4) The Chair may punish breaches of order that measure or matter shall be printed in a ing that fiscal year. (d) As soon as practicable after a concur- and decorum, and of professional ethics on single volume which— the part of counsel, by censure and exclusion (1) shall include all supplemental, minor- rent resolution on the budget for any fiscal from the hearings; and the Committee may ity, or additional views, in the form sub- year is agreed to, the Committee (after con- cite the offender to the House for contempt. mitted, by the time of the filing of the resulting with the appropriate committee or (5) If the Committee determines that evi- port, and committees of the Senate) shall subdivide dence or testimony at a hearing may tend to (2) shall bear upon its cover a recital that any allocation made to it in the joint explan- defame, degrade, or incriminate any person, any such supplemental, minority, or addi- atory statement accompanying the con- it shall— tional views (and any material submitted ference report on such resolution, and (A) afford such person an opportunity vol- under subparagraph (c)) are included as part promptly report such subdivisions to the untarily to appear as a witness; of the report. This subparagraph does not House, in the manner provided by section 302 (B) receive such evidence or testimony in preclude— of the Congressional Budget Act of 1974. executive session; and (A) the immediate filing or printing of a (e) Whenever the Committee is directed in (C) receive and dispose of requests from Committee report unless timely request for a concurrent resolution on the budget to de- such person to subpoena additional wit- the opportunity to file supplemental, minor- termine and recommend changes in laws, nesses. ity, or additional views has been made as bills, or resolutions under the reconciliation (6) Except as provided in subparagraph provided by paragraph (c); or process it shall promptly make such deter- (f)(5), the Chair shall receive and the Com- (B) the filing of any supplemental report mination and recommendations, and report a mittee shall dispose of requests to subpoena upon any measure or matter which may be reconciliation bill or resolution (or both) to additional witnesses. required for the correction of any technical the House or submit such recommendations (7) No evidence or testimony taken in exec- error in a previous report made by the Com- to the Committee on the Budget, in accord- utive session may be released or used in pub- mittee upon that measure or matter. ance with the Congressional Budget Act of lic sessions without the consent of the Com- (3) shall, when appropriate, contain the 1974. mittee. documents required by Clause 3(e) of Rule Rule No. 13—Broadcasting of Committee Hear- (8) In the discretion of the Committee, wit- XIII of the Rules of the House. ings and Meetings nesses may submit brief and pertinent sworn (e) The Chair, following consultation with Whenever any hearing or meeting con- statements in writing for inclusion in the the ranking minority member, is directed to ducted by the Committee is open to the pub- record. The Committee is the sole judge of offer a motion under clause 1 of Rule XXII of lic, those proceedings shall be open to cov- the pertinence of testimony and evidence ad- the Rules of the House, relating to going to erage by television, radio, and still photog- duced at its hearing. conference with the Senate, whenever the raphy, as provided in Clause 4 of House Rule (9) A witness may obtain a transcript copy Chair considers it appropriate. XI, subject to the limitations therein. Oper- (f) If hearings have been held on any such of his testimony given at a public session or, ation and use of any Committee Internet measure or matter so reported, the Com- if given at an executive session, when au- broadcast system shall be fair and non- mittee shall make every reasonable effort to thorized by the Committee. partisan and in accordance with Clause 4(b) have such hearings published and available of rule XI and all other applicable rules of Rule No. 10—Procedures for Reporting Measures to the members of the House prior to the the Committee and the House. or Matters consideration of such measure or matter in (a)(1) It shall be the duty of the Chair to the House. Rule No. 14—Committee and Subcommittee Staff report or cause to be reported promptly to (g) The Chair may designate any majority The staff of the Committee on House Ad- the House any measure approved by the member of the Committee to act as ‘‘floor ministration shall be appointed as follows:

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.021 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1617 (a) The staff shall be appointed by the resolutions, or regulations of the House and final rule — Difenoconazole; Pesticide Toler- Chair except as provided in paragraph (b), of the Committee on House Administration ances [EPA-HQ-OPP-2009-0823; FRL-8864-9] and may be removed by the Chair, and shall pertaining to such travel. received February 28, 2011, pursuant to 5 work under the general supervision and di- Rule No. 16—Number and Jurisdiction of Sub- U.S.C. 801(a)(1)(A); to the Committee on Ag- rection of the Chair; committees riculture. (b) All staff provided to the minority party 763. A letter from the Director, Regulatory (a) There shall be two standing subcommit- members of the Committee shall be ap- Management Division, Environmental Pro- tees, with party ratios of members as indi- pointed by the ranking minority member, tection Agency, transmitting the Agency’s cated. Subcommittees shall have jurisdic- and may be removed by the ranking minor- final rule — Potassium hypochlorite; Exemp- tions as stated by these rules, may conduct ity member of the Committee, and shall tion from the Requirement of a Tolerance oversight over such subject matter, and may work under the general supervision and di- [EPA-HQ-OPP-2009-0996; FRL-8859-5] received consider such legislation as may be referred rection of such member; February 28, 2011, pursuant to 5 U.S.C. to them by the Chair. The names and juris- (c) The appointment of all professional 801(a)(1)(A); to the Committee on Agri- diction of the subcommittees shall be: staff shall be subject to the approval of the culture. (1) Subcommittee on Elections—(4/2). Mat- Committee as provided by, and subject to the 764. A letter from the Assistant Secretary, ters pertaining to the Federal Election Cam- provisions of, clause 9 of Rule X of the Rules Department of Defense, transmitting a pro- paign Act, the Federal Contested Elections of the House; posed change to the Fiscal Year 2009 Na- (d) The Chair shall fix the compensation of Act, the Help America Vote Act, the Na- tional Guard and Reserve Equipment Appro- all staff of the Committee, after consulta- tional Voter Registration Act, the Uni- priation (NGREA) procurement; to the Com- tion with the ranking minority member re- formed and Overseas Citizens Absentee Vot- mittee on Armed Services. garding any minority party staff, within the ing Act, the Federal Voting Assistance Pro- 765. A letter from the Under Secretary, De- budget approved for such purposes for the gram, the Bipartisan Campaign Reform Act, partment of Defense, transmitting a letter Committee. the Americans with Disabilities Act (accessi- on the approved retirement of General bility for voters with disabilities), the Fed- Rule No. 15—Travel of Members and Staff George W. Casey, Jr., United States Army, eral Election Commission (FEC), the Elec- and his advancement on the retired list in (a) Consistent with the primary expense tion Assistance Commission (EAC), and the grade of general; to the Committee on resolution and such additional expense reso- other election related issues. Oversight of Armed Services. lutions as may have been approved, the pro- the Federal Election Commission (FEC) and 766. A letter from the Under Secretary, De- visions of this rule shall govern travel of the Election Assistance Commission (EAC). partment of Defense, transmitting a letter Committee members and staff. Travel for (2) Subcommittee on Oversight—(4/2). Mat- on the approved retirement of General Wil- any member or any staff member shall be ters pertaining to operations of the Library liam E. Ward, United States Army, and his paid only upon the prior authorization of the of Congress, the Botanic Garden, the Smith- advancement on the retired list in the grade Chair or her or his designee. Travel may be sonian Institution, the Architect of the Cap- of general; to the Committee on Armed Serv- authorized by the Chair for any member and itol, the Capitol Visitors Center; the Chief ices. any staff member in connection with the at- Administrative Officer, House Information 767. A letter from the Under Secretary, De- tendance at hearings conducted by the Com- Resources, the Clerk of the House, the House partment of Defense, transmitting a certifi- mittee and meetings, conferences, and inves- Inspector General, the Congressional Re- cation on the review of the M982 155mm Pre- tigations which involve activities or subject search Service and the Office of Compliance. cision Guided Extended Range Artillery Pro- matter under the general jurisdiction of the (b) No subcommittee shall meet during any jectile (Excalibur) program; to the Com- Committee. Before such authorization is full Committee meeting or hearing. mittee on Armed Services. given there shall be submitted to the Chair (c) The Chair may establish and appoint 768. A letter from the President and Chair- in writing the following: members to serve on task forces of the Com- man, Export-Import Bank of the United (1) The purpose of the travel; mittee, to perform specific functions for lim- States, transmitting a report on trans- (2) The dates during which the travel will ited periods of time, as she or he deems ap- actions involving U.S. exports to Republic of occur; propriate. Panama pursuant to Section 2(b)(3) of the (3) The locations to be visited and the Rule No. 17—Referral of Legislation to Sub- Export-Import Bank Act of 1945, as amended, length of time to be spent in each; and committees pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- (4) The names of members and staff seek- mittee on Financial Services. The Chair may refer legislation or other ing authorization. 769. A letter from the Director, Regulatory matters to a subcommittee, or subcommit- (b)(1) In the case of travel outside the Management Division, Environmental Pro- tees, as she or he considers appropriate. The United States of members and staff of the tection Agency, transmitting the Agency’s Chair may discharge any subcommittee of Committee for the purpose of conducting final rule — Approval and Promulgation of any matter referred to it. hearings, investigations, studies, or attend- Air Quality Implementation Plans; Ohio; Ox- ing meetings and conferences involving ac- Rule No. 18—Other Procedures and Regulations ides of Nitrogen Budget Trading Program; tivities or subject matter under the legisla- The Chair may establish such other proce- Technical Amendment [EPA-R05-OAR-2006- tive assignment of the committee, prior au- dures and take such actions as may be nec- 0976; FRL-9272-1] received February 28, 2011, thorization must be obtained from the Chair. essary to carry out the foregoing rules or to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Before such authorization is given, there facilitate the effective operation of the committee on Energy and Commerce. shall be submitted to the Chair, in writing, a mittee. 770. A letter from the Director, Regulatory request for such authorization. Each request, Rule No. 19—Designation of Clerk of the Com- Management Division, Environmental Pro- which shall be filed in a manner that allows mittee tection Agency, transmitting the Agency’s for a reasonable period of time for review be- final rule — Approval and Promulgation of fore such travel is scheduled to begin, shall For the purposes of these rules and the Implementation Plans; State of Missouri include the following: Rules of the House of Representatives, the [EPA-R07-OAR-2010-0168; FRL-9271-5] re- (A) the purpose of the travel; staff director of the Committee shall act as ceived February 28, 2011, pursuant to 5 U.S.C. (B) the dates during which the travel will the clerk of the Committee. 801(a)(1)(A); to the Committee on Energy and occur; f Commerce. (C) the names of the countries to be visited 771. A letter from the Director, Regulatory and the length of time to be spent in each; ADJOURNMENT Management Division, Environmental Pro- (D) an agenda of anticipated activities for Mr. STUTZMAN. Mr. Speaker, I tection Agency, transmitting the Agency’s each country for which travel is authorized move that the House do now adjourn. final rule — Revisions to the California together with a description of the purpose to The motion was agreed to; accord- State Implementation Plan, For Imperial be served and the areas of committee juris- ingly (at 8 o’clock and 8 minutes p.m.), County, Kern County, and Ventura County diction involved; and Air Pollution Control Districts [EPA-R09- (E) the names of members and staff for under its previous order, the House ad- OAR-2010-0813; FRL-9239-6] received February whom authorization is sought. journed until tomorrow, Wednesday, 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to (2) At the conclusion of any hearing, inves- March 9, 2011, at 10 a.m. the Committee on Energy and Commerce. tigation, study, meeting or conference for f 772. A letter from the Director, Regulatory which travel outside the United States has Management Division, Environmental Pro- been authorized pursuant to this rule, mem- EXECUTIVE COMMUNICATIONS, tection Agency, transmitting the Agency’s bers and staff attending meetings or con- ETC. final rule — Approval and Promulgation of ferences shall submit a written report to the Under clause 2 of rule XIV, executive Air Quality Implementation Plans; Wis- Chair covering the activities and other perti- consin; The Milwaukee-Racine and She- nent observations or information gained as a communications were taken from the boygan Areas; Determination of Attainment result of such travel. Speaker’s table and referred as follows: of the 1997 8-hour Ozone Standard [EPA-R05- (c) Members and staff of the Committee 762. A letter from the Director, Regulatory OAR-2010-0850; FRL-9271-9] received February performing authorized travel on official busi- Management Division, Environmental Pro- 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to ness shall be governed by applicable laws, tection Agency, transmitting the Agency’s the Committee on Energy and Commerce.

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.023 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1618 CONGRESSIONAL RECORD — HOUSE March 8, 2011 773. A letter from the Director, Regulatory for printing and reference to the proper such provisions as fall within the jurisdic- Management Division, Environmental Pro- calendar, as follows: tion of the committee concerned. tection Agency, transmitting the Agency’s By Mr. BRADY of Texas (for himself, [The following action occurred on March 7, final rule — Revisions to the California Mr. LARSON of Connecticut, Mr. 2011] State Implementation Plan, Santa Barbara PAULSEN, Ms. ESHOO, Ms. MATSUI, County Air Pollution Control District [EPA- Mr. BACHUS: Committee on Financial and Mr. MCCAUL): R09-OAR-2010-0418; FRL-9249-3] received Feb- Services. H.R. 830. A bill to rescind the unob- H.R. 942. A bill to amend the Internal Rev- ruary 28, 2011, pursuant to 5 U.S.C. ligated funding for the FHA Refinance Pro- enue Code of 1986 to extend the research 801(a)(1)(A); to the Committee on Energy and gram and to terminate the program; with an credit through 2012 and to increase and make Commerce. amendment (Rept. 112–25). Referred to the permanent the alternative simplified re- 774. A letter from the Director, Regulatory Committee of the Whole House on the State search credit; to the Committee on Ways and Management Division, Environmental Pro- of the Union. Means. tection Agency, transmitting the Agency’s Mr. BACHUS: Committee on Financial By Ms. HIRONO (for herself, Mr. JONES, ‘‘Major’’ final rule — National Emission Services. H.R. 836. A bill to rescind the unob- Mr. YOUNG of Alaska, Mr. LEWIS of Standards for Hazardous Air Pollutants for ligated funding for the Emergency Mortgage California, Mr. KUCINICH, Mr. HIN- Major Sources: Industrial, Commercial, and Relief Program and to terminate the pro- CHEY, Mr. GARAMENDI, Ms. WOOLSEY, Institutional Boilers and Process Heaters gram; with an amendment (Rept. 112–26). Re- and Mr. CONNOLLY of Virginia): [EPA-HQ-OAR-2002-0058; FRL-9272-8] (RIN: ferred to the Committee of the Whole House H.R. 943. A bill to establish a grant pro- 2060-AQ25) received February 28, 2011, pursu- on the State of the Union. gram to encourage the use of assistance dogs ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Filed March 8, 2011] by certain members of the Armed Forces and on Energy and Commerce. veterans; to the Committee on Armed Serv- 775. A letter from the Director, Regulatory Mr. BISHOP of Utah: Committee on Rules. House Resolution 150. Resolution providing ices, and in addition to the Committee on Management Division, Environmental Pro- Veterans’ Affairs, for a period to be subse- tection Agency, transmitting the Agency’s for consideration of the bill (H.R. 830) to rescind the unobligated funding for the FHA quently determined by the Speaker, in each ‘‘Major’’ final rule — National Emission case for consideration of such provisions as Standards for Hazardous Air Pollutants for Refinance Program and to terminate the program (Rept. 112–27). Referred to the House fall within the jurisdiction of the committee Area Sources: Industrial, Commercial, and concerned. Institutional Boilers [EPA-HQ-OAR-2006- Calendar. Mr. SESSIONS: Committee on Rules. By Mr. CAMPBELL: 0790; FRL-9273-5] (RIN: 2060-AM44) received H.R. 944. A bill to eliminate an unused House Resolution 151. Resolution providing February 28, 2011, pursuant to 5 U.S.C. lighthouse reservation, provide management for consideration of the bill (H.R. 836) to re- 801(a)(1)(A); to the Committee on Energy and consistency by incorporating the rocks and scind the unobligated funding for the Emer- Commerce. small islands along the coast of Orange gency Mortgage Relief Program and to ter- 776. A letter from the Director, Regulatory County, California, into the California minate the program (Rept. 112–28). Referred Management Division, Environmental Pro- Coastal National Monument managed by the to the House Calendar. tection Agency, transmitting the Agency’s Bureau of Land Management, and meet the final rule — Identification of Non-Hazardous f original Congressional intent of preserving Secondary Materials That Are Solid Waste Orange County’s rocks and small islands, [EPA-HQ-RCRA-2008-0329; FRL-9273-1] (RIN: PUBLIC BILLS AND RESOLUTIONS and for other purposes; to the Committee on 2050-AG44) received February 28, 2011, pursu- Under clause 2 of rule XII, public Natural Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee bills and resolutions of the following By Mr. GRAVES of Missouri: on Energy and Commerce. H.R. 945. A bill to expedite the increased 777. A letter from the Acting Director, De- titles were introduced and severally re- supply and availability of energy to our Na- fense Security Cooperation Agency, transferred, as follows: tion; to the Committee on Energy and Com- mitting a notice of proposed lease with the By Mr. POE of Texas (for himself, Mr. merce. Royal Hashemite Kingdom of Jordan (Trans- CLEAVER, and Mr. HUIZENGA of Michi- By Mr. HASTINGS of Washington (for mittal No. 06-10) pursuant to Section 62(a) of gan): himself, Mr. DICKS, Mr. WALDEN, and the Arms Export Control Act; to the Com- H.R. 938. A bill to establish a commission Ms. HERRERA BEUTLER): mittee on Foreign Affairs. to ensure a suitable observance of the cen- H.R. 946. A bill to amend the Marine Mam- 778. A letter from the Director, Defense Se- tennial of World War I and to designate me- mal Protection Act of 1972 to reduce preda- curity Cooperation Agency, transmitting morials to the service of men and women of tion on endangered Columbia River salmon, Transmittal No. 11-05, pursuant to the re- the United States in World War I; to the and for other purposes; to the Committee on porting requirements of Section 36(b)(1) of Committee on Oversight and Government Natural Resources. the Arms Export Control Act, as amended; to Reform, and in addition to the Committee on By Mr. HINOJOSA: the Committee on Foreign Affairs. Natural Resources, for a period to be subse- H.R. 947. A bill to authorize the Inter- 779. A letter from the Director, Defense Se- quently determined by the Speaker, in each national Boundary and Water Commission to curity Cooperation Agency, transmitting re- case for consideration of such provisions as reimburse State and local governments of ports submitted in accordance with Sections fall within the jurisdiction of the committee the States of Arizona, California, New Mex- 36(a) and 26(b) of the Arms Export Control concerned. ico, and Texas for expenses incurred by such Act, the 24 March 1979 Report by the Com- By Mr. POE of Texas: a government in designing, constructing, and mittee on Foreign Affairs, and the Seventh H.R. 939. A bill to amend the Outer Conti- rehabilitating water projects under the juris- Report by the Committee on Government nental Shelf Lands Act and the Gulf of Mex- diction of such Commission; to the Com- Operations; to the Committee on Foreign Af- ico Energy Security Act of 2006 to increase mittee on Transportation and Infrastruc- fairs. the percentage of revenues from new offshore 780. A letter from the Secretary of the ture. leases that will be shared with coastal States By Mr. LOEBSACK (for himself and Board of Governors, Postal Service, trans- to 50 percent; to the Committee on Natural mitting the Service’s report, as required by Mr. LATHAM): Resources. H.R. 948. A bill to amend title 10, United Section 3686(c) of the Postal Accountability By Mr. GARRETT (for himself and Mrs. States Code, to require the provision of be- and Enhancement Act of 2006; to the Com- MALONEY): havioral health services to members of the mittee on Oversight and Government Re- H.R. 940. A bill to establish standards for reserve components of the Armed Forces form. covered bond programs and a covered bond 781. A letter from the Director of Legisla- necessary to meet pre-deployment and post- regulatory oversight program, and for other tive Affairs, Office of the Director of Na- deployment readiness and fitness standards, purposes; to the Committee on Financial tional Intelligence, transmitting annual re- and for other purposes; to the Committee on Services, and in addition to the Committee port on acquisition by foreign countries Armed Services. on Ways and Means, for a period to be subse- ‘‘dual-use and other technology useful for By Mrs. MALONEY (for herself, Ms. quently determined by the Speaker, in each the development or production of weapons of BALDWIN, Ms. HIRONO, Ms. MOORE, case for consideration of such provisions as mass destruction (including nuclear weap- and Mr. STARK): fall within the jurisdiction of the committee ons, chemical weapons, biological weapons) H.R. 949. A bill to authorize assistance to concerned. and advanced conventional munitions’’ cov- aid in the prevention and treatment of ob- By Mr. ROSS of Arkansas: ering January 1, to December 31, 2010; to the stetric fistula in foreign countries, and for H.R. 941. A bill to amend title XVIII of the Committee on Intelligence (Permanent Se- other purposes; to the Committee on Foreign Social Security Act to provide for Medicare lect). Affairs. coverage of services of qualified respiratory By Mr. MATHESON (for himself and f therapists performed under the general su- Mr. TERRY): REPORTS OF COMMITTEES ON pervision of a physician; to the Committee H.R. 950. A bill to prohibit restrictions on PUBLIC BILLS AND RESOLUTIONS on Energy and Commerce, and in addition to the resale of event tickets sold in interstate the Committee on Ways and Means, for a pe- commerce as an unfair or deceptive act or Under clause 2 of rule XIII, reports of riod to be subsequently determined by the practice; to the Committee on Energy and committees were delivered to the Clerk Speaker, in each case for consideration of Commerce.

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By Mr. MCCAUL (for himself, Mr. By Mr. SCHWEIKERT: Means, for a period to be subsequently deter- MCKINLEY, Mr. CHAFFETZ, Mr. H.R. 962. A bill to rescind certain unobli- mined by the Speaker, in each case for con- NEUGEBAUER, Mr. DUNCAN of South gated discretionary appropriations and re- sideration of such provisions as fall within Carolina, Mr. BROUN of Georgia, Mr. quire that such funds be used for Federal the jurisdiction of the committee concerned. BARLETTA, Mr. DOGGETT, and Mr. budget deficit reduction; to the Committee By Ms. MOORE (for herself, Mr. BISHOP FLAKE): on Appropriations. of Georgia, Mr. BRADY of Pennsyl- H.R. 951. A bill to prohibit the use of Fed- By Mr. SMITH of Texas: vania, Mr. CONYERS, Mr. ELLISON, Mr. eral funds for a project or program named for H.R. 963. A bill to amend the Homeland Se- FILNER, Ms. FUDGE, Mr. GRIJALVA, an individual then serving as a Member, Del- curity Act of 2002 to provide immunity for Ms. JACKSON LEE of Texas, Mr. KIL- egate, Resident Commissioner, or Senator of reports of suspected terrorist activity or sus- DEE, Mr. MCGOVERN, Ms. PINGREE of the United States Congress; to the Com- picious behavior and response; to the Com- Maine, Mr. RANGEL, Ms. RICHARDSON, mittee on Oversight and Government Re- mittee on the Judiciary. Mr. RICHMOND, Mr. ROTHMAN of New form. By Ms. BALDWIN (for herself, Mr. AN- Jersey, Mr. RUSH, Mr. SERRANO, Ms. By Mr. MILLER of North Carolina: DREWS, Ms. SPEIER, Mr. GUTIERREZ, SEWELL, Ms. SPEIER, Mr. WALZ of H.R. 952. A bill to develop an energy crit- Mr. ELLISON, Ms. WASSERMAN Minnesota, and Ms. WASSERMAN ical elements program, to amend the Na- SCHULTZ, Ms. PINGREE of Maine, and SCHULTZ): tional Materials and Minerals Policy, Re- Ms. WILSON of Florida): H. Res. 153. A resolution to express the search and Development Act of 1980, and for H.J. Res. 47. A joint resolution removing sense of the House of Representatives regard- other purposes; to the Committee on the deadline for the ratification of the equal ing the school breakfast program; to the Science, Space, and Technology. rights amendment; to the Committee on the Committee on Education and the Workforce. By Mr. PAUL: Judiciary. By Mr. YARMUTH (for himself, Mr. H.R. 953. A bill to amend the Internal Rev- By Mr. UPTON (for himself, Mr. DIN- GRIJALVA, and Mr. STARK): enue Code of 1986 to make higher education GELL, Mr. CAMP, Mr. CONYERS, Mr. H. Res. 154. A resolution recognizing the more affordable by providing a full tax de- ROGERS of Michigan, Mr. KILDEE, week beginning March 21, 2011, as ‘‘National duction for higher education expenses and Mrs. MILLER of Michigan, Mr. LEVIN, Safe Place Week’’; to the Committee on Edu- interest on student loans; to the Committee Mr. MCCOTTER, Mr. PETERS, Mr. cation and the Workforce. on Ways and Means. AMASH, Mr. CLARKE of Michigan, Mr. f By Mr. PAUL: BENISHEK, Mr. HUIZENGA of Michigan, H.R. 954. A bill to amend the Internal Rev- and Mr. WALBERG): MEMORIALS enue Code of 1986 to allow individuals a cred- H. Con. Res. 27. Concurrent resolution pro- it against income tax for tuition and related viding for the acceptance of a statue of Ger- Under clause 4 of rule XXII, expenses for public and nonpublic elemen- ald R. Ford from the people of Michigan for 6. The SPEAKER presented a memorial of tary and secondary education; to the Com- placement in the United States Capitol; to the Senate of the State of Arkansas, relative mittee on Ways and Means. the Committee on House Administration. to Senate Resolution No. 3 urging the Presi- By Mr. PAUL: By Mr. DANIEL E. LUNGREN of Cali- dent and the Congress to consider the re- H.R. 955. A bill to amend the Internal Rev- fornia: moval of trade, financial, and travel restric- enue Code of 1986 to provide a tax credit for H. Res. 147. A resolution providing for the tions relating to Cuba; jointly to the Com- professional school personnel in prekinder- expenses of certain committees of the House mittees on Foreign Affairs, Ways and Means, garten, kindergarten, and grades 1 through of Representatives in the One Hundred Financial Services, and the Judiciary. Twelfth Congress; to the Committee on 12; to the Committee on Ways and Means. f By Mr. PAUL: House Administration. H.R. 956. A bill to amend the Internal Rev- By Ms. SCHAKOWSKY (for herself, Mr. CONSTITUTIONAL AUTHORITY enue Code of 1986 to allow a credit against MARKEY, Mr. GRIJALVA, Ms. FUDGE, STATEMENT income tax for amounts contributed to char- Mrs. DAVIS of California, Mr. STARK, itable organizations which provide elemen- Ms. NORTON, Ms. EDDIE BERNICE Pursuant to clause 7 of rule XII of tary or secondary school scholarships and for JOHNSON of Texas, Ms. MCCOLLUM, the Rules of the House of Representa- contributions of, and for, instructional mate- Ms. BALDWIN, Mr. CARNAHAN, Mrs. tives, the following statements are sub- rials and materials for extracurricular ac- CHRISTENSEN, Ms. HIRONO, Mr. HIN- mitted regarding the specific powers tivities; to the Committee on Ways and CHEY, Ms. SPEIER, Ms. MATSUI, Mrs. granted to Congress in the Constitu- Means. MALONEY, Ms. WASSERMAN SCHULTZ, tion to enact the accompanying bill or By Mr. PAUL: Ms. MOORE, Mr. LEWIS of Georgia, joint resolution. H.R. 957. A bill to amend the Internal Rev- Ms. WILSON of Florida, Mr. HASTINGS enue Code of 1986 to provide a tax credit for of Florida, Ms. WOOLSEY, Mr. FARR, By Mr. POE of Texas: elementary and secondary school teachers; Mr. BACA, Ms. DELAURO, Mrs. LOWEY, H.R. 938. to the Committee on Ways and Means. Ms. LORETTA SANCHEZ of California, Congress has the power to enact this legis- By Mr. PAUL: Mr. MORAN, Ms. BORDALLO, Ms. ED- lation pursuant to the following: H.R. 958. A bill to limit the jurisdiction of WARDS, Ms. KAPTUR, Mr. MCDERMOTT, Article 1, Section 8, Clauses 1, 12, 16, 17, the Federal courts, and for other purposes; Ms. RICHARDSON, Mrs. CAPPS, Mr. and 18. to the Committee on the Judiciary. SIRES, Mr. HINOJOSA, Ms. CLARKE of By Mr. POE of Texas: By Mr. QUIGLEY: New York, Mr. COHEN, Mr. GUTIER- H.R. 939. H.R. 959. A bill to amend the Immigration REZ, Mr. ISRAEL, Ms. LEE of Cali- Congress has the power to enact this legis- and Nationality Act to modify the require- fornia, Ms. BASS of California, Ms. lation pursuant to the following: ments of the visa waiver program and for SUTTON, Mr. SERRANO, Mr. CONYERS, Congress has the power to enact this legis- other purposes; to the Committee on the Ju- Mr. SMITH of Washington, Mr. lation pursuant to Article 1, Section 8, diciary, and in addition to the Committee on YARMUTH, Mrs. NAPOLITANO, Mr. Clause 3, and Article 4, Section 3, Clause 2 of Intelligence (Permanent Select), for a period MURPHY of Connecticut, and Mr. the United States Constitution. to be subsequently determined by the Speak- DEUTCH): By Mr. GARRETT: er, in each case for consideration of such pro- H. Res. 148. A resolution supporting the H.R. 940. visions as fall within the jurisdiction of the goals of International Women’s Day; to the Congress has the power to enact this legis- committee concerned. Committee on Foreign Affairs, and in addi- lation pursuant to the following: By Mr. ROGERS of Kentucky (for him- tion to the Committee on the Judiciary, for Article I, Section 8, Clauses 1 (‘‘The Con- self and Mrs. CAPITO): a period to be subsequently determined by gress shall have Power To lay and collect H.R. 960. A bill to amend the Federal Water the Speaker, in each case for consideration Taxes, Duties, Imposts and Excises, to pay Pollution Control Act to clarify the author- of such provisions as fall within the jurisdic- the Debts and provide for the common De- ity of the Administrator of the Environ- tion of the committee concerned. fense and general Welfare of the United mental Protection Agency to disapprove By Mr. LARSON of Connecticut: States; but all Duties, Imposts and Excises specifications of disposal sites for the dis- H. Res. 149. A resolution electing a Member shall be uniform throughout the United charge of dredged or fill material, and to to a certain standing committee of the States’’), 3 (‘‘To regulate Commerce with for- clarify the procedure under which a higher House of Representatives; considered and eign Nations, and among the several States, review of specifications may be requested; to agreed to. and with the Indian Tribes’’), and 18 (‘‘To the Committee on Transportation and Infra- By Mr. LANCE (for himself and Mr. make all Laws which shall be necessary and structure. HOLT): proper for carrying into Execution the fore- By Mr. RUPPERSBERGER: H. Res. 152. A resolution recognizing the going Powers, and all other Powers vested by H.R. 961. A bill to amend title 18, United life-saving role of ostomy care and pros- this Constitution in the Government of the States Code, with respect to the prohibition thetics in the daily lives of hundreds of thou- United States, or in any Department or Offi- on disrupting military funerals, and for sands of people in the United States; to the cer thereof’). other purposes; to the Committee on the Ju- Committee on Energy and Commerce, and in By Mr. ROSS of Arkansas: diciary. addition to the Committee on Ways and H.R. 941.

VerDate Mar 15 2010 03:00 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\L08MR7.100 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE H1620 CONGRESSIONAL RECORD — HOUSE March 8, 2011 Congress has the power to enact this legis- Clause 3 of Section 8 of Article I of the By Mr. SCHWEIKERT: lation pursuant to the following: Constitution. H.R. 962. Article I, Section 8, Clause 1 (General Wel- By Mr. PAUL: Congress has the power to enact this legis- fare Clause); Article I, Section 8, Clause 18 H.R. 953. lation pursuant to the following: (Necessary and Proper Clause). Congress has the power to enact this legis- Article 1, Section 7 of the Constitution. By Mr. BRADY of Texas: lation pursuant to the following: By Mr. SMITH of Texas: H.R. 942. The Make College Affordable Act is justi- H.R. 963. Congress has the power to enact this legis- fied by the Sixteenth Amendment which, by Congress has the power to enact this legislation pursuant to the following: granting Congress the power to lay and col- lation pursuant to the following: Article 1, Section 8, Clause 1 of the U.S. lect taxes on incomes, clearly gives Congress The constitutional authority to enact this Constitution. the power to help middle-class Americans af- bill is derived from, but may not be limited By Ms. HIRONO: ford college by making college tuition tax to, Article I, Section 8, Clause 1, of the Con- H.R. 943. deductable. stitution, which grants Congress authority Congress has the power to enact this legis- By Mr. PAUL: to provide for the common defense of the lation pursuant to the following: H.R. 954. United States; Article I, Section 8, Clause 3, Congress has the power to enact this legis- Article I, Section 8, Clause 12: To raise and of the Constitution, which grants Congress support Armies, but no Appropriation of lation pursuant to the following: The Family Education Freedom Act is jus- authority to regulate Commerce with foreign Money to that Use shall be for a longer Term nations and among the several states; and than two Years. tified by the Sixteenth Amendment which, by granting Congress the power to lay and Article I, Section 8, Clause 9; Article III, Sec- Article I, Section 8, Clause 13: To provide tion 1, Clause 1; and Article III, Section 2, and maintain a Navy. collect taxes on incomes, clearly gives Con- gress the power to provide American families Clause 2, of the Constitution, which grants Article I, Section 8, Clause 14: To make Congress authority over federal courts. Rules for the Government and Regulation of with tax relief so they can devote more of their own resources to their children’s edu- By Ms. BALDWIN: the land and naval Forces. H.J. Res. 47. By Mr. CAMPBELL: cation. By Mr. PAUL: Congress has the power to enact this legis- H.R. 944. lation pursuant to the following: Congress has the power to enact this legis- H.R. 955. Congress has the power to enact this legis- Congress has the power to enact this legislation pursuant to the following: lation pursuant to the following: lation pursuant to Article 1 of the Constitu- Clause 2 of Section 3 of Article IV of the The Professional Educators Tax Relief Act tion of the United States. Constitution of the United States. is justified by the Sixteenth Amendment f By Mr. GRAVES of Missouri: which, by granting Congress the power to lay H.R. 945. and collect taxes on incomes, clearly gives Congress has the power to enact this legis- ADDITIONAL SPONSORS Congress the power to provide tax relief to lation pursuant to the following: America’s hard-working educators. Under clause 7 of rule XII, sponsors Article 1, Section 8. By Mr. PAUL: were added to public bills and resolu- By Mr. HASTINGS of Washington: H.R. 956. tions as follows: H.R. 946. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3: Mrs. ADAMS, Mr. BILBRAY, Mr. lation pursuant to the following: BUCSHON, Mr. CULBERSON, Mr. HECK, Mrs. lation pursuant to the following: The Education Improvement Tax Cut Act LUMMIS, Mr. MICA, and Mr. REED. Article I, Section 8, Clause 18 of the U.S. is authorized by the Sixteenth Amendment H.R. 5: Mr. TURNER. Constitution: ‘‘To make all laws which shall which, by granting Congress the power to lay H.R. 21: Mr. YODER. be necessary and proper for carrying into and collect taxes on incomes, clearly gives H.R. 24: Mr. COSTA, Mr. PLATTS, Mr. execution the foregoing powers and all other Congress the power to provide the American NEUGEBAUER, Mr. GARAMENDI, Mr. BOREN, powers vested by this Constitution in the people with tax relief so they can devote Mr. COURTNEY, Ms. SUTTON, Mr. Government of the United States or in any more of their own resources to improving FORTENBERRY, Mr. WILSON of South Carolina, Department or office thereof.’’ education. Mr. PETRI, Mr. GUTHRIE, and Mr. MCCOTTER. By Mr. HINOJOSA: By Mr. PAUL: H.R. 25: Mr. GIBBS and Ms. JENKINS. H.R. 947. H.R. 957. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 38: Mr. LANDRY. lation pursuant to the following: lation pursuant to the following: H.R. 50: Mr. GRIMM. Article I, Section 8, Clause 18 of the United The Teacher’s Tax Cut Act is justified by H.R. 58: Mrs. ADAMS. States Constitution. the Sixteenth Amendment which, by grant- H.R. 83: Ms. WOOLSEY, Mr. CLYBURN, Mr. By Mr. LOEBSACK: ing Congress the power to lay and collect GUTIERREZ, Ms. WASSERMAN SCHULTZ, Mr. H.R. 948. taxes on incomes, clearly gives Congress the CARNAHAN, Mr. LEWIS of Georgia, Mr. DAVID Congress has the power to enact this legis- power to provide tax relief to America’s SCOTT of Georgia, Ms. EDDIE BERNICE JOHN- lation pursuant to the following: hard-working teachers. SON of Texas, Ms. FUDGE, Mr. AL GREEN of Congress has the power to enact this legis- By Mr. PAUL: Texas, Mr. POLIS, Ms. LEE of California, Mr. lation pursuant to Clause 16 of Section 8 of H.R. 958. RUSH, Mr. COHEN, Mr. YARMUTH, Mr. CARSON Article I of the Constitution. Congress has the power to enact this legis- of Indiana, Ms. CLARKE of New York, Ms. By Mrs. MALONEY: lation pursuant to the following: MOORE, Ms. SEWELL, Ms. BASS of California, H.R. 949. The We the People Act is authorized by Ar- Mr. CICILLINE, Ms. WILSON of Florida, Mr. Congress has the power to enact this legis- ticle 1, Section 8 and Article 3, Section 1 REYES, Ms. VELA´ ZQUEZ, Mr. MORAN, and Mr. lation pursuant to the following: which gives the Congress power to establish SERRANO. Article 1, Section 8, Clause 3, which reads: and limit the jurisdiction of lower federal H.R. 97: Mr. FRANKS of Arizona, Mr. TURN- To regulate Commerce with foreign Nations, courts as well as Article III, Section 2 who ER, and Mr. KLINE. and among the several States, and with In- gives Congress the power to make exceptions H.R. 100: Mr. TURNER, Mr. BACHUS, and Mr. dian Tribes. to Supreme Court regulations. BARLETTA. By Mr. MATHESON: By Mr. QUIGLEY: H.R. 104: Mr. GARAMENDI. H.R. 950. H.R. 959. H.R. 118: Mr. DUNCAN of Tennessee. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 127: Mr. YODER. lation pursuant to the following: lation pursuant to the following: H.R. 153: Mr. HARRIS and Mr. BARLETTA. Article I, Section 8. Article I, Section 8, Clause 3. H.R. 198: Ms. WASSERMAN SCHULTZ, Ms. By Mr. ROGERS of Kentucky: By Mr. MCCAUL: NORTON, Mrs. ELLMERS, and Mrs. DAVIS of H.R. 960. California. H.R. 951. Congress has the power to enact this legis- H.R. 214: Mr. DUNCAN of South Carolina. Congress has the power to enact this legislation pursuant to the following: lation pursuant to the following: U.S. Constitution, Article 1, Section 8, H.R. 217: Mr. GRIFFIN of Arkansas. Article 1, Section 9, Clause 7 of the Con- Clause 3—granting Congress the authority to H.R. 234: Mr. STUTZMAN. stitution of the United States reads: ‘‘ No make rules for the government and regulate H.R. 333: Mr. MCNERNEY, Mr. ANDREWS, Mr. money shall be drawn from the Treasury, but commerce among the States. STARK, and Ms. RICHARDSON. in Consequence of Appropriations made by By Mr. RUPPERSBERGER: H.R. 344: Mr. ROSS of Florida. Law . . .’’ This establishes the congressional H.R. 961. H.R. 350: Mr. HINCHEY, Mr. STARK, Mr. power of the purse which grants Congress the Congress has the power to enact this legis- SABLAN, and Mr. WEINER. authority to appropriate funds and place lation pursuant to the following: H.R. 360: Mr. WHITFIELD. limits and conditions on their use. 1) Article 1, Section 8, Clause 14, Military H.R. 361: Mr. FORBES, Mr. ROGERS of Michi- By Mr. MILLER of North Carolina: Regulation. gan, Mr. JORDAN, Mr. LANDRY, Mr. H.R. 952. 2) The First Amendment to the Constitu- STUTZMAN, Mr. SCALISE, Mr. GRIFFIN of Ar- Congress has the power to enact this legis- tion permits time, place and manner restric- kansas, Mr. HUIZENGA of Michigan, Mr. BUR- lation pursuant to the following: tions on free speech. GESS, and Mr. NEUGEBAUER.

VerDate Mar 15 2010 04:20 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MR7.026 H08MRPT1 PWALKER on DSKD5P82C1PROD with HOUSE March 8, 2011 CONGRESSIONAL RECORD — HOUSE H1621 H.R. 365: Mr. FALEOMAVAEGA, Ms. HANNA, Mr. GUTIERREZ, Mr. HINCHEY, Mr. AMENDMENTS BORDALLO, and Mr. SABLAN. REYES, Ms. BROWN of Florida, Mr. BISHOP of Under clause 8 of rule XVIII, pro- H.R. 371: Mr. CANSECO. New York, Mr. CLEAVER, and Ms. BASS of H.R. 374: Mr. BILIRAKIS. California. posed amendments were submitted as H.R. 412: Mrs. HARTZLER and Mr. YODER. H.R. 856: Ms. BERKLEY. follows: H.R. 420: Mr. BENISHEK, Mrs. ADAMS, and H.R. 865: Mr. HOLT, Mr. KIND, Mr. CLAY, H.R. 830 Mr. BROUN of Georgia. Mr. KUCINICH, Ms. MCCOLLUM, Ms. BORDALLO, OFFERED BY: MR. CARDOZA RICE LACK H.R. 421: Mr. P of Georgia, Mrs. B , Mr. JACKSON of Illinois, Mr. LATHAM, Ms. AMENDMENT NO. 1: At the end of the bill, Mr. FLEISCHMANN, Mr. AMASH, Mr. HANNA, ESHOO, Mr. KISSELL, and Mr. LANCE. add the following new section: Mr. YODER, Mr. WALSH of Illinois, and Mr. H.R. 870: Mr. JACKSON of Illinois, Mr. SEC. 4. AFFORDABLE REFINANCING OF MORT- CANSECO. HASTINGS of Florida, and Mr. STARK. GAGES OWNED OR GUARANTEED BY H.R. 422: Mr. CONYERS. H.R. 871: Mr. KISSELL. FANNIE MAE AND FREDDIE MAC. H.R. 434: Mr. SCHOCK. H.R. 872: Mr. JOHNSON of Illinois, Mr. (a) AUTHORITY.—The Federal National ODER ASS H.R. 436: Mr. Y , Mr. B of New DENHAM, Mr. SCHRADER, Mr. CONAWAY, Mrs. Mortgage Association and the Federal Home URNER ENCE Hampshire, Mr. T , Mr. P , and Mr. LUMMIS, Mr. MCINTYRE, Mrs. ELLMERS, Mr. Loan Mortgage Corporation shall each carry CHILLING S . GARY G. MILLER of California, Mr. SHUSTER, out a program under this section to provide H.R. 440: Mr. LAMBORN, Mr. ADERHOLT, Mr. Mr. WALZ of Minnesota, Mr. KING of Iowa, for the refinancing of qualified mortgages on VAN HOLLEN, Mr. HONDA, Mr. LATHAM, Mr. Mr. GIBSON, Mr. CUELLAR, Mr. HUELSKAMP, single-family housing owned by such enter- YODER, Mr. CARDOZA, and Mr. BARLETTA. Mr. FINCHER, Mr. DUNCAN of Tennessee, Mr. prise through a refinancing mortgage, and H.R. 456: Mr. YOUNG of Alaska and Mr. HULTGREN, Mr. COBLE, Mrs. MCMORRIS ROD- for the purchase of and securitization of such OWENS. GERS, Mrs. MILLER of Michigan, Mr. JONES, refinancing mortgages, in accordance with H.R. 457: Mr. DUNCAN of South Carolina, Mr. BUCSHON, Mr. FLORES, Mr. THOMPSON of this section and policies and procedures that Mr. KLINE, and Mr. HUELSKAMP. Pennsylvania, Mr. FRANK of Massachusetts, the Director of the Federal Housing Finance H.R. 458: Mrs. LOWEY. Agency shall establish. Such program shall Mr. DESJARLAIS, Mr. MCGOVERN, Mrs. ROBY, H.R. 470: Mr. SCHWEIKERT. require such refinancing of a qualified mort- Mr. AUSTIN SCOTT of Georgia, Mr. RIBBLE, H.R. 471: Mr. YOUNG of Indiana and Mr. gage upon the request of the mortgagor Mr. SOUTHERLAND, Mr. COURTNEY, Mrs. GOSAR. made to the applicable enterprise and a de- HARTZLER, Mr. LOBIONDO, Mr. WALDEN, Mrs. H.R. 493: Mr. FILNER and Mr. SCHIFF. termination by the enterprise that the mort- BLACKBURN, Mr. SMITH of Nebraska, and Mr. H.R. 495: Mr. DUNCAN of South Carolina. gage is a qualified mortgage. GOODLATTE. H.R. 509: Mr. FLAKE. (b) QUALIFIED MORTGAGE.—For purposes of H.R. 520: Ms. SPEIER and Ms. SLAUGHTER. H.R. 885: Mr. MORAN, Mr. PLATTS, Mr. this section, the term ‘‘qualified mortgage’’ H.R. 521: Ms. SLAUGHTER. HIMES, Mr. DUNCAN of Tennessee, Mr. ROSS of means a mortgage, without regard to wheth- H.R. 531: Mr. MICHAUD. Arkansas, Mr. CONYERS, Mr. NADLER, and Mr. er the mortgagor is current on or in default H.R. 535: Mr. GARAMENDI and Mrs. CAPPS. MICHAUD. on payments due under the mortgage, that— H.R. 539: Mr. MCDERMOTT and Mr. STARK. H.R. 888: Mrs. CHRISTENSEN. (1) is an existing first mortgage that was H.R. 547: Mr. TURNER. H.R. 891: Mr. GRIFFIN of Arkansas. made for purchase of, or refinancing another H.R. 555: Ms. NORTON. H.R. 904: Mr. WEST, Mr. COSTELLO, Mr. first mortgage on, a one- to four-family H.R. 567: Mr. STUTZMAN. RIBBLE, and Mr. PAUL. dwelling, including a condominium or a H.R. 576: Mr. CONYERS. H.R. 909: Mr. JOHNSON of Ohio, Mr. KLINE, share in a cooperative ownership housing as- H.R. 606: Mr. LABRADOR and Mr. DOLD. and Mr. GRIFFIN of Arkansas. sociation, that is occupied by the mortgagor H.R. 609: Mr. LATHAM and Mr. PITTS. H.R. 910: Mr. SHIMKUS, Mr. HALL, Mr. as the principal residence of the mortgagor; H.R. 610: Ms. RICHARDSON. LUCAS, Mrs. CAPITO, Mr. OLSON, Mr. GUTHRIE, (2) is owned or guaranteed by the Federal H.R. 612: Ms. ESHOO and Mr. FILNER. Mr. KINZINGER of Illinois, Mr. POMPEO, Mr. National Mortgage Association or the Fed- H.R. 631: Ms. ROYBAL-ALLARD and Mr. TERRY, Mrs. BONO MACK Mr. CASSIDY, Mr. eral Home Loan Mortgage Corporation; and JACKSON of Illinois. SCALISE, Mr. LATTA, Mrs. MYRICK, Mr. BUR- (3) was originated on or before the date of H.R. 651: Mr. LEWIS of Georgia, Mr. OLVER, GESS, Mr. GINGREY of Georgia, Mr. GRIFFITH the enactment of this Act. Mr. FARR, Mr. MORAN, and Ms. BASS of Cali- of Virginia, Mrs. BACHMANN, (c) REFINANCING MORTGAGE.—For purposes fornia. Mr. BENISHEK, Mr. LANKFORD, and Mr. of this section, the term ‘‘refinancing mort- H.R. 652: Mr. ROSS of Arkansas. JOHNSON of Ohio. gage’’ means a mortgage that meets the fol- H.R. 661: Ms. RICHARDSON. H.R. 912: Mr. MCGOVERN. lowing requirements: H.R. 663: Mr. LONG, Mr. MCCLINTOCK, and H.R. 915: Mr. FARENTHOLD. (1) REFINANCING OF QUALIFIED MORTGAGE.— Mr. WESTMORELAND. H.R. 918: Mr. GARRETT and Mr. BARTLETT. The principal loan amount repayment of H.R. 676: Mr. YARMUTH. H.R. 925: Mr. STARK and Mr. ROTHMAN of which is secured by the mortgage shall be H.R. 681: Mrs. BLACK. New Jersey. used to satisfy all indebtedness under an ex- H.R. 682: Mr. YODER. H.R. 926: Mrs. MILLER of Michigan. isting qualified mortgage. H.R. 689: Mr. LUJA´ N. H.R. 929: Mr. SIRES and Ms. MOORE. (2) SINGLE-FAMILY HOUSING.—The property H.R. 711: Mr. LUJA´ N. H.J. Res. 20: Mr. HARRIS. that is subject to the mortgage shall be the H.R. 733: Mr. GERLACH and Mr. SARBANES. H. Con. Res. 20: Mr. BARTLETT and Mr. same property that is subject to the quali- H.R. 735: Mr. YODER and Mr. SHUSTER. LAMBORN. fied mortgage being refinanced. H.R. 738: Mr. ROTHMAN of New Jersey. H.R. 740: Mr. ENGEL. H. Con. Res. 25: Mr. AKIN, Mrs. BACHMANN, (3) INTEREST RATE.—The mortgage shall H.R. 745: Ms. FOXX, Mr. CAMPBELL, Mr. Mr. BACHUS, Mr. BARTLETT, Mr. BISHOP of bear interest at a single rate that is fixed for CANSECO, and Mr. GOSAR. Utah, Mrs. BLACKBURN, Mr. BROOKS, Ms. the entire term of the mortgage, which shall H.R. 747: Mr. CARNAHAN. BUERKLE, Mr. BURTON of Indiana, Mr. be equivalent to the premium received by H.R. 748: Mr. DUNCAN of South Carolina. CARTER, Mr. COLE, Mr. DENHAM, Mr. the enterprise on the qualified mortgage H.R. 750: Mr. LATTA. DESJARLAIS, Mr. DUNCAN of South Carolina, being refinanced plus the cost of selling a H.R. 763: Mr. GUTHRIE, Mr. RENACCI, Mr. Mr. FLEISCHMANN, Mr. FLORES, Mr. FRANKS newly issued mortgage having comparable TIPTON, and Mr. PAUL. of Arizona, Mr. GIBBS, Mr. GINGREY of Geor- risk and term to maturity in a mortgage- H.R. 780: Mr. COHEN and Mr. MICHAUD. gia, Mr. GOWDY, Mr. GRIFFIN of Arkansas, backed security, as such rate may be in- H.R. 782: Mr. DUNCAN of South Carolina. Mr. HUELSKAMP, Mr. HUIZENGA of Michigan, creased to the extent necessary to cover, H.R. 798: Mr. KILDEE, Mr. COSTELLO, and Mr. SAM JOHNSON of Texas, Mr. JORDAN, Mr. over the term to maturity of the mortgage, Ms. RICHARDSON. KING of Iowa, Mr. LATTA, Mr. MCHENRY, Mrs. any fee paid to the servicer pursuant to sub- H.R. 800: Mr. WEST, Mr. GARY G. MILLER of MCMORRIS RODGERS, Mr. MULVANEY, Mr. section (d), the cost of any title insurance California, Mrs. MILLER of Michigan, Mr. PEARCE, Mr. PITTS, Mr. ROE of Tennessee, coverage issued in connection with the mort- JONES, and Mr. HECK. Mr. ROGERS of Alabama, Mr. STEARNS, Mr. gage, and, as determined by the Director, a H.R. 816: Mr. HECK. WALSH of Illinois, and Mr. WESTMORELAND. portion of any administrative costs of the H.R. 820: Mr. TOWNS, Ms. SLAUGHTER, Mr. H. Res. 60: Mr. DAVID SCOTT of Georgia, Mr. program under this section as may attrib- SIRES, Mr. PRICE of North Carolina, Mr. WILSON of South Carolina, Mr. PEARCE, and utable to the mortgage. GUTIERREZ, Ms. LINDA T. SA´ NCHEZ of Cali- Mr. KISSELL. (4) WAIVER OF PREPAYMENT PENALTIES.—All fornia, and Ms. RICHARDSON. H. Res. 71: Mr. JONES and Mrs. CAPITO. penalties for prepayment or refinancing of H.R. 822: Mr. MCINTYRE, Mr. LATHAM, Ms. H. Res. 102: Mr. YOUNG of Florida. the qualified mortgage that is refinanced by FOXX, Mr. BACHUS, Mrs. ADAMS, Mr. WILSON H. Res. 104: Ms. HIRONO, Mr. CAPUANO, Mr. the mortgage, and all fees and penalties re- of South Carolina, Mr. MULVANEY, Mr. WEBSTER, Mr. KILDEE, Ms. EDDIE BERNICE lated to the default or delinquency on such PETRI, Mr. MCCOTTER, Mr. TURNER, Mr. JOHNSON of Texas, Ms. LEE of California, Mr. mortgage, shall have been waived or for- CANSECO, Ms. JENKINS, Mrs. EMERSON, and GRIJALVA, and Mr. PAYNE. given. Mr. KLINE. H. Res. 111: Mrs. BLACK, Mr. ALTMIRE, Mr. (5) TERM TO MATURITY.—The mortgage H.R. 839: Mr. COFFMAN of Colorado. GUTHRIE, and Mr. RIVERA. shall have a term to maturity of not more H.R. 854: Ms. SUTTON, Mr. ELLISON, Mr. H. Res. 142: Mr. LAMBORN, Mr. COFFMAN of than 40 years from the date of the beginning FILNER, Mr. TONKO, Mr. CARNAHAN, Mr. Colorado, and Mrs. BLACK. of the amortization of the mortgage.

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(6) PROHIBITION ON BORROWER FEES.—The H.R. 836 section (d), the cost of any title insurance servicer conducting the refinancing shall not OFFERED BY: MR. CARDOZA coverage issued in connection with the mort- charge the mortgagor any fee for the refi- AMENDMENT NO. 1: At the end of the bill, gage, and, as determined by the Director, a nancing of the qualified mortgage through add the following new section: portion of any administrative costs of the the refinancing mortgage. SEC. 4. AFFORDABLE REFINANCING OF MORT- program under this section as may attrib- (7) TITLE INSURANCE.—The fee for title in- GAGES OWNED OR GUARANTEED BY utable to the mortgage. surance coverage issued in connection with FANNIE MAE AND FREDDIE MAC. (4) WAIVER OF PREPAYMENT PENALTIES.—All the mortgage shall be reasonable in compari- (a) AUTHORITY.—The Federal National penalties for prepayment or refinancing of son with fees for such coverage available in Mortgage Association and the Federal Home the qualified mortgage that is refinanced by the market for mortgages having similar Loan Mortgage Corporation shall each carry the mortgage, and all fees and penalties re- terms. out a program under this section to provide lated to the default or delinquency on such (d) FEE TO SERVICER.—For each qualified for the refinancing of qualified mortgages on mortgage, shall have been waived or for- mortgage of an enterprise that the servicer single-family housing owned by such enter- given. of the qualified mortgage refinances through prise through a refinancing mortgage, and (5) TERM TO MATURITY.—The mortgage a refinancing mortgage pursuant to this sec- for the purchase of and securitization of such shall have a term to maturity of not more tion, the enterprise shall pay the servicer a refinancing mortgages, in accordance with than 40 years from the date of the beginning fee not exceeding $1,000. this section and policies and procedures that of the amortization of the mortgage. (e) NO APPRAISAL.—The enterprises may the Director of the Federal Housing Finance (6) PROHIBITION ON BORROWER FEES.—The not require an appraisal of the property sub- Agency shall establish. Such program shall servicer conducting the refinancing shall not ject to a refinancing mortgage to be con- require such refinancing of a qualified mort- charge the mortgagor any fee for the refi- ducted in connection with such refinancing. gage upon the request of the mortgagor nancing of the qualified mortgage through (f) TERMINATION.—The requirement under made to the applicable enterprise and a de- the refinancing mortgage. subsection (a) for the enterprises to refi- termination by the enterprise that the mort- (7) TITLE INSURANCE.—The fee for title in- nance qualified mortgages shall not apply to gage is a qualified mortgage. surance coverage issued in connection with any request for refinancing made after the (b) QUALIFIED MORTGAGE.—For purposes of the mortgage shall be reasonable in compari- expiration of the one-year period beginning this section, the term ‘‘qualified mortgage’’ son with fees for such coverage available in on the date of the enactment of this Act. means a mortgage, without regard to wheth- the market for mortgages having similar (g) DEFINITIONS.—For purposes of this sec- er the mortgagor is current on or in default terms. tion, the following definitions shall apply: on payments due under the mortgage, that— (d) FEE TO SERVICER.—For each qualified (1) DIRECTOR.—The term ‘‘Director’’ means (1) is an existing first mortgage that was mortgage of an enterprise that the servicer the Director of the Federal Housing Finance made for purchase of, or refinancing another of the qualified mortgage refinances through Agency. first mortgage on, a one- to four-family a refinancing mortgage pursuant to this sec- (2) ENTERPRISE.—The term ‘‘enterprise’’ dwelling, including a condominium or a tion, the enterprise shall pay the servicer a means the Federal National Mortgage Asso- share in a cooperative ownership housing as- fee not exceeding $1,000. sociation, that is occupied by the mortgagor ciation and the Federal Home Loan Mort- (e) NO APPRAISAL.—The enterprises may as the principal residence of the mortgagor; gage Corporation. not require an appraisal of the property sub- (2) is owned or guaranteed by the Federal (h) REGULATIONS.—The Director shall issue ject to a refinancing mortgage to be con- National Mortgage Association or the Fed- any regulations or guidance necessary to ducted in connection with such refinancing. carry out the program under this section. eral Home Loan Mortgage Corporation; and (3) was originated on or before the date of (f) TERMINATION.—The requirement under H.R. 830 the enactment of this Act. subsection (a) for the enterprises to refi- OFFERED BY: MR. COLE (c) REFINANCING MORTGAGE.—For purposes nance qualified mortgages shall not apply to any request for refinancing made after the AMENDMENT NO. 2: Page 5, line 12, after the of this section, the term ‘‘refinancing mort- expiration of the one-year period beginning period add the following: ‘‘All such unex- gage’’ means a mortgage that meets the fol- on the date of the enactment of this Act. pended balances so rescinded and perma- lowing requirements: nently canceled shall be retained in the Gen- (1) REFINANCING OF QUALIFIED MORTGAGE.— (g) DEFINITIONS.—For purposes of this sec- eral Fund of the Treasury for reducing the The principal loan amount repayment of tion, the following definitions shall apply: debt of the Federal Government.’’. which is secured by the mortgage shall be (1) DIRECTOR.—The term ‘‘Director’’ means used to satisfy all indebtedness under an ex- the Director of the Federal Housing Finance H.R. 830 isting qualified mortgage. Agency. OFFERED BY: MR. LYNCH (2) SINGLE-FAMILY HOUSING.—The property (2) ENTERPRISE.—The term ‘‘enterprise’’ AMENDMENT NO. 3: Page 5, strike lines 14 that is subject to the mortgage shall be the means the Federal National Mortgage Asso- through 19. same property that is subject to the quali- ciation and the Federal Home Loan Mort- Page 5, line 20, strike ‘‘(b)’’ and insert fied mortgage being refinanced. gage Corporation. ‘‘(a)’’. (3) INTEREST RATE.—The mortgage shall (h) REGULATIONS.—The Director shall issue Page 5, lines 20 and 21, strike ‘‘Notwith- bear interest at a single rate that is fixed for any regulations or guidance necessary to standing subsection (a) of this section, any’’ the entire term of the mortgage, which shall carry out the program under this section. and insert ‘‘Any’’. be equivalent to the premium received by H.R. 836 Page 5, line 25, strike ‘‘specified in sub- the enterprise on the qualified mortgage section (a) of this section’’ and insert ‘‘speci- being refinanced plus the cost of selling a OFFERED BY: MR. COLE fied in section 2’’. newly issued mortgage having comparable AMENDMENT NO. 2: Page 4, line 22, after the Page 6, line 3, strike ‘‘(c)’’ and insert ‘‘(b)’’. risk and term to maturity in a mortgage- period add the following:: ‘‘All such unobli- Page 6, lines 10 and 11, strike ‘‘subsection backed security, as such rate may be in- gated balances so rescinded and permanently (b)’’ and insert ‘‘subsection (a)’’. creased to the extent necessary to cover, canceled shall be retained in the General Page 6, line 14, strike ‘‘(d)’’ and insert over the term to maturity of the mortgage, Fund of the Treasury for reducing the debt ‘‘(c)’’. any fee paid to the servicer pursuant to sub- of the Federal Government.’’.

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Vol. 157 WASHINGTON, TUESDAY, MARCH 8, 2011 No. 34 Senate The Senate met at 9:30 a.m. and was ator from the State of Oregon, to perform have to focus on their pocketbooks. called to order by the Honorable JEFF the duties of the Chair. When they are going to fill up with gas MERKLEY, a Senator from the State of DANIEL K. INOUYE, at the pump and are noticing that they Oregon. President pro tempore. are approaching a point where it is Mr. MERKLEY thereupon assumed going to be $100 to get a fill-up, they PRAYER the chair as Acting President pro tem- worry about the impact on the quality The Chaplain, Dr. Barry C. Black, of- pore. of their life, their ability to put food on fered the following prayer: f the table for their children, and clothing on their children, and even have Let us pray. RESERVATION OF LEADER TIME Almighty God, whose word has the money to get back and forth to taught us to pray without ceasing, The ACTING PRESIDENT pro tem- work—those fortunate enough to have guide us to pray according to Your pore. Under the previous order, the jobs. One can say: Well, is it really a prob- will. May our Senators pray not only leadership time is reserved. lem? I believe it is. I filled up yester- in challenging times, or to ask for spe- f day morning in Casper. A young man cial blessings, but because they love MORNING BUSINESS in front of me at the filling station was You and desire to do Your will. Remind filling up his pickup truck. He was them that our Nation was born in the The ACTING PRESIDENT pro tempore. Under the previous order, the watching the numbers go up and up. I spirit of prayer and that the interces- filled up a week ago in Wyoming as sion of righteous people has helped Senate will be in a period of morning business for 2 hours, with Senators per- well. We use a lot of gasoline in Wyo- America survive and prosper. Use their ming. We travel long distances. I was vibrant prayer life to make them kind mitted to speak therein for up to 10 minutes each, with the time divided or filling up in the evening. I put my cred- but firm, compassionate but resolute, it card in, and it stopped at $75 because loyal but independent. May Your grace controlled between the two leaders or their designees, with the minority con- apparently they have to reset these be sufficient for all their needs. pumps. One would think that with $75 We pray in Your loving Name. Amen. trolling the first hour and the majority controlling the next hour, with 30 min- one would have enough money to fill up. But not as these gas prices con- f utes under the control of the Senator from Massachusetts. tinue to rise. My concern is that so much of this PLEDGE OF ALLEGIANCE The Senator from Wyoming is recog- money is being sent overseas to people nized. The Honorable JEFF MERKLEY led the who are trying to blow us up. We have Pledge of Allegiance, as follows: f an opportunity to be much more secure I pledge allegiance to the Flag of the GASOLINE PRICES in our energy resources by developing United States of America, and to the Repub- our energy resources at home. It just lic for which it stands, one nation under God, Mr. BARRASSO. Mr. President, I seems that this administration’s poli- indivisible, with liberty and justice for all. come to the floor of the Senate to dis- cies are making it that much harder. cuss an issue that is critically facing f One may say: How high can gasoline the American people: It is the price of prices go? With the unrest in the Mid- APPOINTMENT OF ACTING gasoline at the pump. It is something dle East, a front-page story a few days PRESIDENT PRO TEMPORE that, in my opinion, will impact our ago in USA TODAY said: ‘‘If unrest economy, impact the economic recov- spreads, gas may hit $5 a gallon’’—$5 a The PRESIDING OFFICER. The ery we are all hoping will continue in clerk will please read a communication gallon by summer. this country. But with every penny the We need to do some things in this to the Senate from the President pro cost of gasoline goes up, it has been es- country that this administration has tempore (Mr. INOUYE). timated it takes about a billion dollars continued to block. We need to find The assistant legislative clerk read away from the amount of money that more of our own energy, be reliant as follows: can be spent on other things in this more on ourselves and less on foreign U.S. SENATE, country and to growing the economy. sources of energy. That means doing PRESIDENT PRO TEMPORE, We are at a point where the Amer- Washington, DC, March 8, 2011. three things: exploring offshore, ex- To the Senate: ican people, who have to balance their ploring on Federal land, and exploring Under the provisions of rule I, paragraph 3, budgets every year—and States have to in Alaska. We know there are huge re- of the Standing Rules of the Senate, I hereby do it, of course. Washington doesn’t do serves of oil, of energy in those loca- appoint the Honorable JEFF MERKLEY, a Sen- that, but the American people do. They tions. Yet day by day those efforts are

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

S1335

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.000 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1336 CONGRESSIONAL RECORD — SENATE March 8, 2011 being blocked. The impact on our over- reserves for the United States. The ad- seem to think high energy prices were all economy is huge, and it is because ministration—so happy, and pro- a problem. He just wanted the price to of policies of this administration. nounced the moratorium—has not go up gradually. He said the problem is USA TODAY this morning: ‘‘Will gas until this week allowed for an addi- when things go up too quickly. prices stall U.S. upturn? Consumers tional permit and finally one when the The American people who try to put could cut spending again.’’ price of gasoline went up at the pump bread on the table for their kids, cloth- It is not in the best interest of this 38 cents on average, about $3.50 per gal- ing on their backs, get them off to country for us to have energy policies lon. school, and then go to work them- that make it more expensive for Amer- The Department of Interior, last Oc- selves, notice this. They know every icans to gas up their cars. It does not tober in the Federal Register, had a so- time the cost of a gallon of gasoline help the economy of this country when lution. They had some ideas about this goes up by a penny or a nickel or 38 the policies of this administration do because the Department of the Interior cents, as it has most recently, the things that make it more expensive admitted—the President’s own Sec- economy will suffer as a result. It is and harder for small businesses to cre- retary and his Department of Interior specifically a result of the policies of ate jobs and hire people. We are trying admitted that what they were doing in this administration, the policies that to get people hired, back to work. the Gulf of Mexico would have an im- ignore the need for American energy. That is what we need to focus on— pact. At a time when we need to be focused jobs and the economy. When the ad- It says: on jobs, that we need to realize the ministration’s policies cut into our The impact on the domestic deepwater hy- amount of uncertainty in the Middle ability to use energy sources from drocarbon production as a result of these East, there is now sticker shock at the regulations is expected to be negative. within this country—red, white, and pumps, and it is the policies of this ad- blue energy jobs; red, white, and blue What it means is that it is going to ministration that are keeping us from energy as well—and just send more cut down on American sources of en- developing the energy security we money overseas, that does not help us ergy. We need energy security. We as a need. as a nation, it does not help our econ- nation need to do it in an environ- I yield the floor. omy, and it does not help strengthen mentally responsible way, and we need The ACTING PRESIDENT pro tem- to focus on economic growth. This ad- our communities. We are so blessed in pore. The Senator from Nebraska. ministration does not seem to be will- this country with wonderful families, ing to make that distinction about en- f wonderful communities, and wonderful ergy security and economic growth and FISCAL RESPONSIBILITY land. Yet we do not seem to be making the needs we have to help make our wise decisions on a daily basis with the Mr. JOHANNS. Mr. President, I rise economy stronger. today to speak for a few minutes about policies coming out of this administra- What is the administration’s position. our current fiscal situation. tion? What, as of October of last year, Over the next few weeks, we are un- It is interesting to see who is actu- was their position on all of this to say: ally benefiting from these increased doubtedly going to have a very robust OK, we know we are going to have im- debate on our country’s future and the costs because we know American fami- pacts in the gulf. They didn’t say: Oh, lies are not benefiting, we know Amer- tremendous issues we face. We are I know, we can go onshore and look on going to have a debate about the need ican taxpayers are not benefiting, and Federal land. They didn’t say: Let’s go we know people trying to get their kids for fiscal responsibility. One thing all to Alaska to explore. This is this ad- of my colleagues should be able to off to school are not benefiting. Who is ministration’s position. They said: benefiting from this huge increase in agree on is that our current level of Currently, there is sufficient spare capac- spending and borrowing and debt is the cost of energy and the cost of oil? ity in OPEC— All we need to do is go to the front just simply not sustainable. When you In OPEC, in the Middle East— are bringing in $2.2 trillion but you are page of the business section of today’s to offset a decrease in Gulf of Mexico deep- New York Times: ‘‘Fears About Mid- spending $3.8 trillion annually, some- water production that could occur as a result thing is seriously wrong. Adding $1.65 east Oil Pay Off for Russia.’’ For Rus- of this rule. sia, Mr. President. ‘‘Whatever the even- trillion to the national debt each and The rule that they are going to shut every year is not the answer. We sim- tual outcome of the Arab world’s social down the gulf. upheaval, there is a clear economic ply cannot afford to continue in this Therefore, the increase in the price of hy- direction. winner so far: Vladimir V. Putin.’’ drocarbon products to consumers from the Right there, that is the winner. The increased cost to drill and operate on the For too long, the answer of Wash- economic policies of this administra- Outer Continental Shelf is expected to be ington was: We will be all things to all tion to limit our ability and curtail our minimal. people—promising everything with ability to use American energy, Amer- That is the administration’s solu- really no plan to pay for it. The result ican oil, to keep down the cost of gaso- tion. They do not expect anything to now is that we face a financial crisis line, are benefiting Russia. happen. They are not worried about it. unlike anything our Nation has ever It says: And if there is a problem, just buy seen. While Americans are making very tough, painful decisions in their Russia, which pumps more oil than Saudi more oil from OPEC, send more Amer- Arabia, is reaping a windfall from the steep ican dollars overseas. That is the ad- daily lives, their government still re- rise in global energy prices resulting from ministration’s position? And what fuses to make the same difficult instability in oil regions of the Middle East about the impact on our economy? choices. and North Africa . . . Russia does not have We do have a Secretary of Energy. I come from a State where its citi- any oil wells standing idle . . . Right now One would think he would be concerned zens really do believe that less govern- Russia is pumping oil at its top capacity. about the cost of energy and the im- ment is better government. But even if In a country where we and this Con- pact on American families. Not so my colleagues disagree that less gov- gress in particular choose winners and when we look at some of the state- ernment is better, we would be hard- losers in energy, the winner seems to ments he has made. In the past, he pressed to find anyone who can argue be Russia because of the policies of this said: with the numbers. Numbers do not lie, administration. Somehow we have to figure out how to and they cannot be spun. The Hill newspaper this morning boost the price of gasoline to the levels of Let’s take a look at the numbers, said: ‘‘Pump pain for Obama.’’ This Europe. grim by any economist’s viewpoint. We clearly lies specifically at the feet of That is the proposal of the Secretary are currently borrowing 42 cents on the President because of the policies of of Energy—figure out how to boost the every dollar. For every dollar spent this administration. price of gasoline to the levels in Eu- today, every dollar spent this year by We have had a situation in the Gulf rope. How much does gasoline cost in the Federal Government, 42 cents is of Mexico where there has been a mora- Europe? Almost $8 a gallon. borrowed. Can you imagine an average torium, which is extended almost per- The President, when he was a Sen- family charging nearly half of all of manently, shutting down the use of oil ator and running for President, did not their spending to a credit card? It

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.003 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1337 would not take long for that family to Now, I acknowledge $61 billion is sig- lutely no construct. We do not know face bankruptcy. nificant. I acknowledge many of these where we are going in the future. We What is happening with our Nation is programs are programs I like. But if we never have a plan. we are absolutely losing control of our don’t come to grips with this, those What we do is what we are doing this destiny. I heard the Senator from Wyo- programs will not exist. Yet many are week: we fight and debate over issues ming talk about the oil issues and the saying: Well, let’s do a little nip and a that take us almost nowhere. Yet we fact that we are shipping our resources tuck. Let’s maybe get $4 billion out of do not have a long-term plan as it re- out of this Nation. That is absolutely this. That is only fourteen lates to spending. I think everybody in true. But what is also happening is onehundredths of 1 percent in reduc- this body knows when we have $3.7 tril- that for every dollar borrowed, we have tions. Does anyone really think that is lion in spending this year, and we have to find a banker. Looking at this chart, a serious effort? Nobody is buying that. $2.2 trillion in income, trying to solve who are our bankers out there? China, The media is not buying it, and the this problem by only dealing with dis- Japan, other foreign holders, oil ex- American people aren’t buying it. I cretionary spending makes no sense. If porters, the UK. And we begin to un- just did nine townhall meetings all we did away with all discretionary derstand the point. Billions of dollars across my State, and they are not buy- spending during this year—all discre- annually are being borrowed from for- ing it back home. It is time to roll up tionary spending including defense—we eigners who have really no home inter- our sleeves. It is time to say: Look, we still would not have a balanced budget. est in our Nation. can’t go on doing this. All of us know it is the mandatory pro- The interest payments on our debt It is my intention to be on the floor grams that have to be added into this. will increase to almost $1 trillion by of the Senate on these issues a lot in What we need to do is create a com- 2020—an increase of 370 percent since the weeks and months ahead. I believe prehensive budget, a straitjacket for 2009. Again, just look at the chart. The we are at a tipping point. If we don’t Congress. numbers do not lie—a nearly 380 per- turn this around, we may lose the abil- I, along with others, have offered cent increase by 2020. The American ity to control our own destiny. something called the CAP Act. It takes people are absolutely appalled at tril- I yield the floor, and I suggest the ab- us from where we are today over a 10- lion-dollar annual deficits. Just imag- sence of a quorum. year glidepath to the historical aver- ine, therefore, trillion-dollar annual in- The PRESIDING OFFICER (Mrs. age of spending in this country relative terest payments. And what if current SHAHEEN). The Senator from Ten- to our country’s output. That is about interest rates go up, which many nessee. 20.6 percent of our country’s economic project they will? Each 1 percent in- Mr. CORKER. Madam President, I output. I have tried to not message. crease in interest rates equals—get understand I have up to 10 minutes. This is not a messaging bill. It is a bill this—$140 billion in additional debt. The PRESIDING OFFICER. That is that I truly hope to pass. I have been Our interest payments alone will even- correct. meeting with numbers of my Repub- tually bankrupt our country before we The Senator from Nebraska has sug- lican colleagues and Democratic col- even begin to think about providing gested the absence of a quorum. leagues. I have numbers of meetings services to our citizens, and everything Mr. JOHANNS. Madam President, I set up over the course of the next sev- will suffer. If you like education, guess withdraw my request. eral weeks to try to build consensus. what. It will suffer. If you want to The PRESIDING OFFICER. The Sen- Here is the way it would work. We build more roads and bridges, guess ator from Tennessee. would pass it as a statutory bill. What what. It will suffer. Our society will Mr. CORKER. Madam President, if it would do is take us from where we suffer. Probably most important, for the Chair will let me know when I get are today—and that is a little over 24.5 those of us in the Senate, the legacy we within 11⁄2 minutes of my time. percent of spending relative to our leave behind for our children and The PRESIDING OFFICER. The country’s output, which is way out of grandchildren of a diminished standard Chair will so advise. line. By the way, I am not here to cast of living because we could not get our Mr. CORKER. Madam President, I blame. I think both parties can recog- spending under control is absolutely a rise today to speak also on the matter nize some of the contributions they horrific legacy. Our country’s national of our country’s unlimited spending, have made to getting us where we are debt totals nearly 70 percent of our en- the fact that this last month, Feb- as a country. But the fact is, we know tire gross domestic product. Looking ruary—I don’t know if many people we cannot continue on today’s path. down the road, within 10 years our pub- know this; it was just published—we We know that. We have to not just licly held debt will be at the 90-percent had the largest budget deficit for 1 look at discretionary spending. threshold. month in recorded history of $223 bil- I have heard so many of my col- While the American public looks on lion. Those numbers were just released. leagues talk on the Senate floor about at this Enron accounting with utter I know we have some measures we trying to solve this entire problem amazement, they can’t imagine 90 per- are going to vote on this week regard- with only a very small percentage of cent of their paychecks going to pay ing reductions in spending. I realize the the budget. That makes no sense. Ev- off debt. Yet their government con- Republican version likely will not pass erybody understands that. I know ev- tinues to recklessly add to the debt and the Democratic version likely will eryone here wants to ensure that the year after year after year, trillion-dol- not pass. Hopefully, we will then sit entitlement programs seniors benefit lar deficits, trillion-dollar deficits as down and work out something to allow from are here for the long term. We far as the eye can see. government to be open with, hopefully, want other seniors to benefit from Well, this is just enormous. It is a a long-term CR. I know we are having them. Yet we know the way these pro- record-setting annual deficit. The a lot of difficulties in our departments grams are set up, they are not sustain- alarm bells are sounding, the red lights as they try to manage their budgets able. There is not a person here, I don’t are flashing, and the flags are waving. not knowing what we are going to do. think—there may be a few, but I think We have to stop it. As the Senator from Nebraska men- most of it would be rhetoric, though I While this discussion would not like- tioned, $61 billion is a drop in the buck- don’t want to cast judgment—who ly even acknowledge the entitlement et as it relates to trying to solve our doesn’t know these programs cannot iceberg headed our way, we have to country’s problems. That is why I have continue as they are. come to grips with the reality that we brought forth something called the So this bill would require us to start can’t finance what we have promised. CAP Act. I have tried to do it and I today, working ourselves down to 20.6 Yet some object to $61 billion in spend- have done it in a bipartisan way. There percent of our GDP. Again, that has ing reductions. In the grand scheme of are numbers of people in this body who been the historical average for 40 what we are dealing with, that is hard have supported the CAP Act. I think years. This isn’t something to try to to imagine. How can we possibly at- the Chair, a former Governor, and overreach. For what it is worth, what tack a massive debt if we can’t even other people here—and Tennessee fami- that would mean to our country is that come to agreement on $61 billion out of lies who have to live within a budget— over the course of the next 10 years—as a $3.5 trillion annual budget? realize that around here we have abso- opposed to the course we are on now,

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.004 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1338 CONGRESSIONAL RECORD — SENATE March 8, 2011 the alternative CBO scenario and what to affect future generations, it is get- the Great Depression and this is an im- they deem most likely to occur with- ting ready to affect us. mediate threat to put the brakes on out our action—we would spend $7.63 There is a lot of turmoil in this world any recovery we may be mounting, and trillion less than we are now spending. today. For that reason, the United it is surely a real threat and a real hit This is how it would work. There is a States has been perceived as a safe to Louisiana and American families. It formula in here. haven. Our interest rates continue to is a direct hit to their pocketbooks. This is a 10-page bill. There are not a be low because of the rest of the Louisianans, like all Americans, hear lot of ‘‘whereases’’ in this bill. It is just world’s turmoil. The fact is, if and talking heads on TV, national econo- a business document, something the when—and we hope that when is soon— mists, saying we don’t have any real former Governor from New Hampshire everything settles down, as people inflation. Listen, they are hit every might be accustomed to looking at. It begin to again look closely at where we time they go to the pump. They know is a business document that puts in are as a country, and if we continue to there is inflation in key prices such as place statutory limits that are formula not act responsibly and show the world gasoline, and that is a big hit to their driven to take us from here to there. we have the ability to at least put in family budget. If we don’t meet those requirements, place this framework that causes us to This has sparked somewhat of a then after 45 days—and there are tar- work together and get to the place we breakthrough in thinking among the gets each year of spending relative to all know we need to get, then I fear in- ranks of the Obama administration. our economy. By the way, this joins ev- terest rates, over time, are going to Let me explain what I mean by that. erybody at the hip in wanting our run from us, and that interest relative Recently President Obama’s Energy economy to grow because if our econ- to our debt payments is going to con- Secretary, Secretary Chu, focused on omy grows rapidly, those targets are tinually consume more. supply and he said we need to increase much easier to hit. But if Congress In closing, Madam President—and I supply to temper prices and mitigate doesn’t act, if we don’t have the cour- appreciate the time—I have gone the increasing price at the pump. He age to act, then there would be auto- around the State of Tennessee and con- said we need to do this by convincing matic sequestration on a pro rata ducted 43 townhall meetings talking the Saudi Arabians to increase their basis, depending on the enumerator, about this type of approach. I know supply of oil on the world market: what the size of that particular budget numbers of Members on the other side ‘‘That’s going to mitigate the price in- appropriation is relative to the overall of the aisle have talked about what crease.’’ He said further, ‘‘We’re hoping budget. So on a pro rata basis, we they believe is an appropriate level of market forces will take care of this.’’ I would have sequestration that would spending relative to our country’s at least give Secretary Chu and the take out those monies. economy. I believe this bill is not out Obama administration marks for this Now, none of us wants to see that of line. I know this bill is at least ap- breakthrough understanding that sup- happen, so that would force us to actu- propriate. There are a number of people ply is a big part of the equation. In ally do what any Congress acting re- who think it should be lower, but this fact, it is half of the supply and de- sponsibly needs to do; that is, to actu- is something that would cause us to mand equation that yields price. ally work together each year to meet first agree on where we are going. Recently the White House Chief of those requirements. It is difficult for a body such as this, Staff Bill Daley made a comment that I have heard so many people re- with 100 Senators and 435 House Mem- also went to supply. He said this week- cently, especially on the other side of bers on the other side, to agree on lit- end, on some of the weekend talk the aisle, talking about focusing on tle matters when we don’t have any shows, that we need to consider open- idea where it is we are trying to go. discretionary spending only, basically ing the Strategic Petroleum Reserve to This would create a target for us. It cutting out some of those things that put more product on the market, to in- would create a straitjacket for Con- might make our country stronger. crease supply—also to temper prices, to There are some things certainly in all gress. It would cause us to prioritize. So I am going to continue talking stop these ever-increasing prices. of these bills, as the Senator from Ne- about this until, hopefully, we pass it Again, I at least give Mr. Daley and the braska was mentioning, where I might and actually have a process that causes Obama administration credit for fi- have differing priorities. But the fact us to work together in a constructive nally realizing, and it is a bit of a is, when we try to do it all only on dis- way. breakthrough, that supply is a big part cretionary spending, we are not only With that, I yield the floor, and I of the issue. not solving the problem but it prevents thank the Chair for the time. Where I disagree, where I want a fur- us from actually looking at some as- The PRESIDING OFFICER. The Sen- ther breakthrough, is that they need to pects that might otherwise make our ator from Louisiana. focus on domestic supply we can create economy grow. and that we can control in America. f Again, this bill, the CAP Act—with Unfortunately, they are not doing that CLAIRE MCCASKILL signed on as an GASOLINE PRICES yet. original cosponsor with me, and others Mr. VITTER. Madam President, I rise I have come to the floor many times are looking at it—would cause us to to focus on another grave threat to our to talk about the virtual shutdown of look at everything. So, again, first, a economic recovery and jobs: sky- the Gulf of Mexico to energy produc- comprehensive look at spending rel- rocketing energy prices, and particu- tion since the BP disaster. I will men- ative to our economy at historical lev- larly the price of gasoline at the pump. tion that again because that is at the els. Everything is on the table and on Madam President, I don’t have to heart of this issue. The administration budget. Sequestration would be in point out to Americans all over the understands we need to increase sup- place, and it would take a two-thirds country, and Louisianans all over my ply. What about domestic supply? What vote of Congress to override these State, because they see it in front of about the Gulf of Mexico? What about spending limits. them every time they go get a new all of our other vast energy resources Again, I did not come here to mes- tank of gas, the ever-increasing energy that we are taking off the table and sage. I didn’t come to move the bar be- prices, the ever-increasing prices at the shutting down? What about that sup- yond what the other side might be pump. Right now, on average, nation- ply? That is the first place we should doing just to make a name for myself wide, the price at the pump is $3.51 a turn, that is the first action we should or create publicity. I came to solve our gallon. That is about 80 cents higher take. That is what can help us control country’s problems. I look at these than the average price a year ago. Most our own destiny. young people in front of me, and I don’t Americans know it is not stopping Instead, there has been a virtual think they have any idea what our ir- there. They see $4 gasoline coming shutdown of the Gulf of Mexico to en- responsibility is doing to them. We sooner rather than later, and who ergy production. That has reduced di- talk about future generations, but I knows how far it will go beyond $4 at rect and indirect employment in the think all of us know we are actually at the pump? oil and gas and service industries. It a point now where we have been so ir- This is a real threat. We are trying to threatens 93,000 jobs for every year responsible that this is not just going come out of the worst recession since until 2035 unless we reverse it. It could

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Americans are depending on that—for this week than they want to cut for the It reduces annual GDP by over $20 jobs and to mitigate prices at the pump entire year, and that is the farthest billion a year, a cumulative impact of so we do not have these ever-increasing their leaders say they are willing to go. $500 billion in the next 25 years, unless prices that could kill a recovery that Anything more, they say, is Draconian. we immediately reverse course. It re- we are hoping to mount and that could I will tell you what is Draconian. Dra- duces long-term U.S. oil production by hurt every American’s pocketbook, conian is what will happen if Demo- 27 percent. Long-term U.S. foreign oil every American family’s budget. crats don’t get real about our Nation’s imports are increased by 19 percent. I urge all of my colleagues, Demo- fiscal crisis. Groppe, Long & Littell estimates—that crats and Republicans, to come to- Yesterday, the independent Congres- is a consulting firm—show that over 23 gether on this point and urge the ad- sional Budget Office issued a report wells per month are needed to main- ministration to act. Yes, they are that gave us a pretty good sense of the tain current production levels in the right, supply is key. Let’s start with recklessness of Washington spending shallow water of the Gulf of Mexico. domestic action, domestic supply, and these days. Last month alone, the Fed- Since the moratorium was lifted on mitigate price increases that way. eral Government spent $223 billion shallow water drilling, the formal mor- I yield the floor. more than it had—last month alone— atorium, the administration has only f the highest monthly deficit ever and approved permits for new wells at a RECOGNITION OF THE MINORITY the 29th straight month Washington pace of 1.8 per month—so 23 versus 1.8. has been in the red. In deep water it is even worse. There LEADER has been one deepwater exploratory The PRESIDING OFFICER. The Re- Here is the Democrats’ proposal: permit issued since the BP disaster and publican leader is recognized. Let’s cut $4.7 billion and call it a day; only one, in 9 months. As a result, six Mr. MCCONNELL. Madam President, $4.7 billion, even less than the Presi- deepwater rigs have departed the gulf: I am going to proceed on my leader dent called for last week. Even that Discovery America’s Transocean has time. was ridiculed because of the prepos- been moved to the Black Sea/Medi- The PRESIDING OFFICER. The Sen- terous claim that it met us halfway. It terranean. Ocean Baroness of Diamond ator may use his leader time. is time our friends on the other side stop trying to see what they can get Offshore, a semisubmersible rig, has f been moved to Brazil. Ocean Con- away with and actually summon the THE BUDGET fidence, also with Diamond, has been courage to get our fiscal house in moved to West Africa. Ocean Endeavor, Mr. MCCONNELL. Madam President, order, because here is the hard truth: also with Diamond, has moved to the first let me commend my friend and Even the biggest cuts under discussion Black Sea area. Stena Drilling has colleague from Louisiana on his obser- this week are puny compared to the fis- moved major equipment to Eastern vations about the need to increase do- cal problems we face in the area of en- Canada. Transocean has moved some of mestic production. I think he certainly titlements. It is a pitched battle their equipment to West Africa. Ac- agrees with me we will be talking around here over $4.7 billion when we cording to ODS, another five major rigs about this a lot more in the coming have a $14 trillion debt and more than are scheduled to leave the U.S. Gulf of months as the price of gas at the pump $50 trillion in entitlement promises Mexico by April 1. So that will put that continues to rise, and I thank him for that Washington cannot keep. 6 number up to 11. New well drilling his insight. If Democrats cannot bring them- has fallen from 20 in the first quarter Sometime this week, Senators will selves to cut $4.6 billion, how are we of 2009 to 1 in the first quarter of 2010. have an opportunity to take a position going to get a handle on the big stuff? Again, I applaud the administration’s on government spending on two bills This is just a dress rehearsal. Demo- realization that supply is a big part of the majority leader has predicted will crats are going to have to do a lot bet- the issue; that we need to increase sup- fail. One is a serious effort to rein in ter than this if we stand a chance of ply in order to stop these skyrocketing wasteful Washington spending that has getting our Nation’s fiscal house in prices which are hurting Louisianans gotten completely and totally out of order. and Americans every day. But let’s control. The other, by our Democratic Frankly, it is embarrassing. The focus on domestic supply. Let’s focus friends, is a proposal so unserious that American people deserve better. It is on the Gulf of Mexico. Let’s focus on even its supporters have been forced to time for Democrats in Washington to things we can directly control—not exaggerate its impacts—something face facts and, as I said yesterday, it is just begging the Saudi Arabians to in- they have been called out on by the time for the President to get off the crease their production. I want to cre- press repeatedly. That proposal comes sidelines and lead because, with each ate jobs here, not just in Saudi Arabia. on the heels of an equally unserious passing day, it becomes clear that I want our children to be independent, proposal by the White House last week Democrats in Congress cannot bring to control their own future, not to have to cut $6 billion from Federal spending themselves on their own to get serious to beg some Saudi Arabian prince. for the entire year at a time when about the problems we face. They don’t With regard to Mr. Daley’s sugges- Washington is averaging about $4 bil- even want to admit these problems tion of opening the Strategic Petro- lion in deficit spending every day. Let exist. leum Reserve, you know the Strategic me say that again. We are running a $4 I yield the floor. billion deficit every single day this Petroleum Reserve is just that. It is Mrs. BOXER. Madam President, I year. Apparently Democratic leaders in supposed to be strategic—for crises, for wanted to know, from a parliamentary Congress thought even that was too our security, our national security as a standpoint, what time remains on the much to cut, because the bill they are country. It is not the Salazar petro- Republican side and when the Demo- proposing this week shaves it down to leum reserve to open, to cover up the crats’ time begins. complete ineptitude and foot dragging only about $4.7 billion. So you had the at the Interior Department in terms of administration last week saying they The PRESIDING OFFICER. There is 1 issuing permits for our own drilling. So would go along with $6.5 billion, and 20 ⁄2 minutes remaining on the Repub- let’s not play politics with the Stra- the proposal the Democrats in the Sen- lican side. tegic Petroleum Reserve, let’s not ate are going to lay before the Senate Mrs. BOXER. Madam President, it is treat it as the Salazar petroleum re- this week only reduces spending $4.7 my understanding the Republicans serve, to cover up the mistakes and in- billion. That is about what we are en- have finished their time. I ask unani- eptitude and foot dragging of the Inte- gaged in spending, deficit spending, mous consent we start our hour at this rior Department. every single day. We are averaging point. Let’s increase domestic production, about $4 billion a day in debt this year The PRESIDING OFFICER. Without let’s address the supply side of the and Democrats want to cut $4.7 billion objection, it is so ordered.

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This pro- tackle the tough fiscal problems that including the high price of gasoline and posal, which calls for $6.5 billion in new our State faced and we did it while set- deficits as far as the eye can see. cuts, utterly ignores our fiscal reality. ting our priorities and protecting the I wish to say to Senator MANCHIN, I Our Nation is badly in debt and spend- most vulnerable in our State. am going to make some very brief re- ing at absolutely unsustainable and The bottom line is the President is marks about H.R. 1 and then yield to out-of-control levels. In February the leader of this great Nation, and you for 5 minutes. alone, the Federal Government out- when it comes to an issue of significant I respect the right of any colleague spent revenues by an unacceptable $223 national importance, the President to say whatever he or she wants on the billion. We must turn our financial must lead—not the majority leader or floor. But I also wish to tell the Amer- ship around, but the Senate proposal Speaker but the President. He must sit down with leaders of ican people who may be following this continues to sail forward as if there is both parties and help hammer out a debate, that in truth, in the last many no storm on the horizon. real bipartisan compromise that moves years, 40 years, the only party to bal- On the other hand, we could choose a our Nation forward and establishes the ance the budget was the Democrats. second even more flawed measure: a priorities that represent our values and Bill Clinton, in his Presidency, not House GOP proposal that blindly hacks the budget with no sense of our prior- all hard-working families. only took a deficit brought about by And I truly believe that he can do it. Republican Presidents, not only did he ities or of our values as a country. I did not grow up in an America that would And when we finally do come together balance the budget with us, but we cre- and agree to a bipartisan solution, we ated surpluses. Guess what. Twenty- carelessly cut Hear Start and make the playing field even harder for kids born will not only set a new tone for our Na- three million jobs. tion but we can start to focus on what Compare that to George W. Bush. He into poverty. Our America should not cut funding for veterans or for border the American people sent all of us here created huge deficits, handed President to do: start working together to create security or for first responders or espe- Obama a tremendous debt and defi- a more prosperous future for our chil- cially for our children without at least cits—I will get the exact numbers—and dren and our families, and be the created 1 million jobs, compared to 23 discussing the alternatives. The bottom line, however, is this: America we all know we can be. million jobs. I thank the Chair. I yield the floor. I appreciate the lectures from my Re- Democrats and Republicans are being The PRESIDING OFFICER. The ma- publican friends, but look at any meas- asked to vote on wildly different pro- jority leader. ure: job creation, budget balancing, posals for reining in spending. Repub- Mr. REID. Madam President, I am stock market. Check it out, America. licans will say Democrats do not go far going to use leader time. I am won- These are facts that are in the history enough. Democrats will say Repub- dering how long Senator BOXER is books. So please do not lecture us licans go too far. The truth is both are going to take. about how to balance the budget. We right, and both proposals will fail. Mrs. BOXER. We have a number of know how to do it. The way you do it Worse still, everyone in Congress people coming for 30 minutes. is cut waste, cut fraud, cut abuse, knows they will fail. Mr. REID. Madam President, I will make sure everything you spend is es- The more important question is this, use leader time. sentially justifiable by the results, by Why are we engaging in this political The PRESIDING OFFICER. The Sen- the benefits, and invest in our people theater? ator has that right. so if they lose a job, we invest in work- Why are we voting on partisan pro- Mr. REID. Madam President, since er training, invest in our people, invest posals that we know will fail, that we the moment Republican Representa- in science and technology, invest in all know do not balance our Nation’s tives passed their budget, the now infa- health research, invest in our children. priorities with the need to get our fis- mous H.R. 1—it was their No. 1 issue in If you follow that method, we will cal house in order? the House of Representatives—the not only balance the budget, we will Why are we doing all this when the country has been waiting to see wheth- create jobs. We know their approach, most powerful person in these negotia- er the Senate would repeat the House’s H.R. 1, which they support, would dev- tions, our President, has failed to lead mistake in passing it. The House has astate this economy, barely doing any- this debate or offer a serious proposal passed it. thing about the deficit. Most amaz- for spending and cuts that he would be The plan the tea party pushed ingly, they do not think billionaires willing to fight for? through the House is an irresponsible should pay even a little bit higher tax How does that make sense? plan. It is a reckless plan. It is dan- rate than people who are earning The truth is that this debate, as im- gerous for the health of our economy $150,000—billionaires, multimillion- portant as it is, will not be decided by and certainly the citizens of our great aires. It does not make any sense. House Republicans and Senate Demo- country. So with that as an opening, I am very crats negotiating with each other or In the last few days, I have come to pleased to yield to the Senator from past each other. This debate will be de- the floor and explained at length the West Virginia, Mr. MANCHIN, for 5 min- cided when the President leads these damage this tea party plan would do in utes. tough negotiations. the short term and in the long term. The PRESIDING OFFICER. The Sen- And right now that is not happening. Let me now again talk, briefly, about a ator from West Virginia. I know it is not easy. I know that it few of the things I have talked about f takes compromise. I know it will be before—but I will talk about them partisan and difficult. I know that ev- again. Here are some of the con- PRESIDENTIAL LEADERSHIP eryone will have to give up something sequences. Mr. MANCHIN. Madam President, I and no one will want to relinquish any- H.R. 1 will fire 700,000 Americans, rise today to express my deep concerns thing. But that is what the American 6,000 Nevadans. Our budget would cre- with the two widely divergent pro- people are demanding. ate jobs, not cost jobs. It will kick posals for a continuing resolution that Respectfully, I am asking President 200,000 Head Start students, the poorest will be presented to us here today. Obama to take this challenge head on, of the poor, little boys and girls trying Now, I may be just a freshman Sen- bring people together and propose a to get started in life, it will kick them ator, but I will be blunt—this whole compromise plan for dealing with our off their ability to learn to read and do process does not make a lot of sense to Nation’s fiscal challenges, both now elementary math. Hundreds in Nevada me, and, I am afraid it doesn’t make and for the future. will suffer from that. This is a very sense to a lot of West Virginians or For me, when I was Governor of the successful early education program. most Americans. great State of West Virginia, dealing Head Start works.

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.009 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1341 It would slash college students’ Pell H.R. 1. They wanted to make sure they Mrs. BOXER. How much time do I grants, the financial aid so many rely let their buddies in the House know control? on to afford to go to school. It will they wanted to have a vote on H.R. 1. The PRESIDING OFFICER. The Sen- eliminate job training investment at a Last Thursday at 4, back in the Vice ator may speak for up to 10 minutes time when we need them the most. It President’s office, there was a meeting total. She has spoken for 4 minutes. would pull the plug on 600 renewable held with me, Senator MCCONNELL, Mrs. BOXER. Madam President, my energy jobs at the largest solar plant Speaker BOEHNER, Leader PELOSI, and intention is to yield to Senator UDALL. in Nevada. It would fire 600 Nevadans the Vice President. The purpose was to He and Senator MERKLEY will engage who work at community health cen- move forward on budget negotiations. in a colloquy. ters, which hurts those workers as well We had a very good meeting. Everyone I wish to open before yielding by say- as the neediest Nevadans who need this was kind and thoughtful and consid- ing that Senator REID has laid out the devastating consequences of H.R. 1, help every day. erate. The idea we came up with is that It would arbitrarily slash programs what we should do to move these nego- which the Republicans have put for- that fight crime and keep our neigh- tiations forward is have a vote on H.R. ward as their plan to cut the budget. It is a jobs killer. It is a killer for the borhoods safe. It would slash homeland 1 and a vote on our alternative. That middle class. They said they would security investments that keep Nevad- was the agreement. It was agreed upon have a vote on it. Now they don’t want ans safe and our country safe. We have by the Vice President, JOE BIDEN; by to vote on it. We are going to have a 55, 60 million people who visit Las the Republican leader, MITCH MCCON- NELL; by the majority leader, HARRY vote on it. It is important for the Vegas every year. It is important we American people to understand the keep them safe also. REID; by the Speaker, JOHN BOEHNER; and the leader of the Democrats in the various plans to cut the deficit. The mean-spirited bill, H.R. 1, elimi- One of the things in H.R. 1, of many, House, NANCY PELOSI. That was the nates national public broadcasting. is a huge cut to the Environmental That is saying a lot; is it not? It elimi- agreement we made: We would come here today and have a vote on H.R. 1 Protection Agency. There are two nates the National Endowment for the points I wish to make in that regard. Humanities, the National Endowment and on our alternative. After we had made the agreement, In 1970, the Clean Air Act was passed. for the Arts. These programs create The vote in the Senate was 73 to 0. The jobs. The National Endowment for the the staff was called into the meeting. We told them what was done. Now over vote in the House was 374 to 1. Richard Humanities is the reason we have, in Nixon signed the Clean Air Act. H.R. 1 northern Nevada every January, the here the Republicans don’t want to vote. They don’t want to live up to the destroys the Clean Air Act by giving Cowboy Poetry Festival. Had that pro- the largest cut of any agency to the gram not been around, the tens of agreement. Last Thursday the leaders of both Environmental Protection Agency. If thousands of people who come there Houses of Congress and both parties that is not enough, it prohibits the every year would not exist. EPA from enforcing pollution laws. In National Institutes of Health, it met with the White House. We decided this was a way to move forward. We 1977 there were the Clean Air Act whacks that. When we are at a time in agreed to hold a vote on H.R. 1 that Re- amendments signed by Jimmy Carter. the history of this country, when we publicans moved to the Senate floor There wasn’t even a rollcall vote it was are on the verge of breakthroughs on themselves. Then we would vote on the so popular. In 1990, George Herbert some of the most devastating diseases Walker Bush signed the Clean Air Act Democratic alternative, which makes known to man, they are cutting that amendments. Two out of the three much smarter cuts and more solid in- program. Presidents were Republicans. This vestments. But that would be up to the There are scores of other examples I passed 89 to 10 in the Senate and 401 to body to decide. Then we would return could talk about. But, in short, the Re- 25 in the House. to the negotiating table and try again publican plan they want to push The Clean Air Act and the EPA are to find common ground. strongly supported by the American through the Senate is all smoke and There is no question that was the people. The only place we have a lack mirrors. It cuts the deficit in the name agreement made, no question. That of support is in the Congress by our Re- of a stronger future but cuts the most was the deal. Now Republicans are republican friends, primarily. important ways we strengthen our fu- neging on that deal. They don’t want ture. It is counterproductive. It is bad The American Lung Association says to vote on their own bill. They want 69 percent think the EPA should up- policy. It is going to cost America some procedural votes. They will have 700,000 jobs. This is not some figure I date the Clean Air Act with stricter air an opportunity to vote on H.R. 1. I may pollution limits; 68 percent believe picked out of the air. Economists agree have to jump through all the proce- with them, including Mark Zandi, chief Congress should not stop the EPA from dural hoops to do it, in spite of the fact enforcing Clean Air Act standards, economist at Moody’s, who, by the that they made a deal that we would way, worked for the Republican nomi- which is what H.R. 1 does; and 69 per- move to have those votes. We are going cent believe EPA scientists, not Con- nee for President, JOHN MCCAIN. He to do that. The Republicans over here was his chief economic adviser. gress, should set pollution standards. are going to have to vote on that ter- Our friends on the other side, Their plan slashes billions from the rible bill, H.R. 1. They will have to vote through H.R. 1, are acting as if they budget and hopes no one will look past on it. They don’t want to vote on their have all the brilliance in the world, all the pricetag. H.R. 1 is not just about own bill. the scientific credentials in the world. numbers, it is about people. It is about The budget we outline—and our votes They don’t. programs. It is about little boys and on that budget—reflects our values, I ask unanimous consent that we girls at Head Start. It is about senior values such as helping our Nation re- continue with our time until Senator citizens whose programs are going to cover and prosper, giving us strong KERRY comes to the Chamber to talk be cut. education for the children, encouraging on his particular subject. Because Republicans know that once innovation, keeping America competi- The PRESIDING OFFICER. Without the country sees what is in the fine tive. But another important value is objection, it is so ordered. print, they will run away from that as keeping one’s word. Where I come from Mrs. BOXER. I yield the floor. fast as they can. It seems Republicans people keep their word. I am dis- The PRESIDING OFFICER. The Sen- themselves have finally read their own appointed that Republicans now refuse ator from New Mexico. budget in the Senate because now they to keep theirs. Mr. UDALL of New Mexico. Madam are even running from H.R. 1. The PRESIDING OFFICER. The Sen- President, America’s environmental In the Senate, it was not we who ator from California. laws are public health laws. Under- moved H.R. 1 forward, it was the Re- Mrs. BOXER. Madam President, mining those public health laws may publicans. We have a procedure in the could the Chair tell me what the order protect special interests, but last year Senate called rule XIV. It allows bills is? the Clean Air Act protected American to move forward. The PRESIDING OFFICER. The families from 1.7 million asthma at- The Republicans decided they wanted Democrats control 51 minutes 26 sec- tacks, 130,000 heart attacks and 86,000 to get to H.R. 1. So they jump-started onds. emergency room visits.

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.010 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1342 CONGRESSIONAL RECORD — SENATE March 8, 2011 In New Mexico, over 170,000 residents aging water treatment plants and re- asthma attacks—are potentially ex- suffer from asthma, and over 47,000 of move septic tanks that are polluting posed to unhealthful levels of smog, air those are children. Thousands also suf- our limited supplies of groundwater. pollution. fer from other respiratory illnesses. It blocks the Environmental Protec- Scientific evidence increasingly The House bill puts hundreds of thou- tion Agency from enforcing the Clean shows that air pollution plays a major sands of New Mexicans at greater risk Water Act to protect wetlands. Wet- role as a trigger for asthma episodes. from pollution from powerplants, oil lands definitions are a controversial Specifically, fine particles, sulfur diox- refineries, mines, and cement kilns. issue, but the Supreme Court has ruled ide and ozone have been linked to in- The Clean Air Act has cut six major on this twice, and Federal agencies creases in patients’ use of asthma pollutants by over 40 percent, but air need to move forward to resolve uncer- medication, emergency department pollution still claims 70,000 lives per tainty and issue permits in a respon- visits and hospital admissions. year, three times that of car accidents. sible way. Powerplant particle pollution is esti- If we weaken that act, unfortunately, It cuts $60 million from the 2010 en- mated to cause more than 603,000 asth- that number will rise. That is why the acted level and more than $140 million ma episodes per year, 366,000 of which American Lung Association opposes from the President’s 2012 Budget for could be avoided by cleaning up the these environmental rollbacks in the grants to State and local environ- power plants. House bill. mental and public health agencies. Estimates of the annual human The Clean Air Act also protects preg- Nearly every State is in a budget cri- health costs of outdoor air pollution nant mothers and developing children sis. range from $14 billion to $55 billion an- from mercury, a neurotoxin that cre- America’s leading public health pro- nually. ates problems in brain development, fessionals have responded to efforts to Each year, pollution claims 70,000 including attention and memory prob- block clean air safeguards. For exam- lives in the United States. lems. Mercury comes out of smoke ple: 1,882 Doctors, Nurses and Health In 2010, the United States will save a stacks into the air, deposits into our Professionals: projected $1,100 billion in health bene- water, and is also consumed in the fish Please fulfill the promise of clean, healthy fits—i.e., avoided illness and death—as- that we eat. air for all Americans to breathe. Support full sociated with reductions in air pollu- One New Mexico pediatrician, Dr. implementation of the Clean Air Act and re- tion due to implementation of the Fed- K.P. Stoller, notes that ‘‘mercury is sist any efforts to weaken, delay or block eral Clean Air Act. the most toxic non-radioactive element progress toward a healthier future for all Americans. on the periodic table.’’ In New Mexico, Let me thank the chairman of the over 2,000 pounds of mercury are emit- From the American Lung Associa- Environment and Public Works Com- ted each year. Clean Air Act standards tion: mittee, Senator BOXER. She has done are making progress reducing that The House of Representatives also adopted an excellent job in terms of outlining amount. amendments that would block implementa- in committee the real issues facing us. The American Academy of Pediatrics tion of the Clean Air Act and its lifesaving The big issue is, as we have heard protections . . . These provisions and others today from Leader REID and Chairman opposes the House bill because it would adopted by the House of Representatives in allow for more highly toxic mercury BOXER, H.R. 1, or what we call the H.R. 1 would result in millions of Ameri- House Republican budget, is not only a than existing law in the air we breathe, cans—including children, seniors, and people the water we drink, and the food we with chronic disease such as asthma—being budget bill, it is loaded with all these eat. Overall, the House continuing res- forced to breathe air that is unhealthy. environmental riders that attack pub- olution undermines the Clean Air Act, Breathing air pollution can cause asthma at- lic health by repealing public health leading to more pollution, asthma, hos- tacks, heart attacks, strokes, cancer and laws. pital visits, and less healthy children. shorten lives. I wish to reflect, as Chairman BOXER These efforts run counter to the From the American Public Health did, on the history. We used to have progress we are trying to make in New Association: tremendous bipartisan support in Mexico. At the University of New Mex- Attempts to remove protections already in terms of public health and environ- ico, the New Mexico Environmental place must be stopped. The public health mental laws. I remember the glory Public Health Tracking Network and community is very concerned about the days of the Senate in the 1960s and long-term health consequences of global cli- 1970s. It was the Senate that passed the the National Tracking Network at the mate change. Blocking EPA’s authority to Center for Disease Control work close- Clean Air Act, the Clean Water Act, reduce carbon dioxide and other greenhouse created the Environmental Protection ly with the Environmental Protection gases could mean the difference between Agency to provide air quality data. We chronic debilitating illness or a healthy life. Agency, passed the Endangered Species Act. All of those were passed and cre- use that data to better understand how From the Trust for America’s Health: to prevent disease and develop air pol- ated with significant bipartisan sup- The potential consequences for public port. In fact, anywhere from 8 to 12 Re- lution standards for our State. health are grave because the Clean Air Act Unfortunately, these State air pollu- protects the most vulnerable populations— publicans believed these were strong tion control efforts are targeted for those with asthma and other lung disease, laws that needed to be passed. We don’t cuts in the House bill. The funding is children, older adults, and people with heart need to look further than the majori- not a lot of money so some people be- disease and diabetes—from the dangers of ties. lieve the real reason is to stop public pollution . . . The science says carbon pollu- In 1967, the Air Quality Act passed 88 health protections from going forward. tion is bad for our health. Rolling back to 0. In 1970, the Clean Air Act passed EPA’s ability to protect the public from this 73 to 0, championed by a number of Re- These standards are designed to re- threat literally has life and death stakes. duce pollution, not put industrial fa- publican Senators. In 1990, the Clean From the American Thoracic Soci- cilities out of business. We have heard Air Act, championed by President ety: from few, if any, businesses in New George H.W. Bush and his EPA Admin- Mexico that want these antipublic The Clean Air Act is one of the best public istrator, William Reilly, passed 89 to health success stories of the past four dec- health provisions in the House bill. 10. So there was broad bipartisan sup- ades and has saved thousands of American port. Instead we are seeing dozens of e- lives. Any effort to revise the Clean Air Act mails from people simply asking that should be carefully considered and focused What has happened to the Senate and the Environmental Protection Agency on enhancing the public health benefits—not to the Congress in terms of protecting do its job to protect public health. on granting big polluters a free pass to in- public health? I suggest what we have Here are some additional facts about crease the amount of carbon pollution they seen with this House Republican budg- the House bill. release into the environment. et is very strong powerful special inter- It cuts $2 billion in local wastewater The American Lung Association has ests weighing in, and those folks on and drinking water treatment funds, said the health of 137.2 million Ameri- that side kind of catering to that kind costing over 50,000 jobs. Dozens of rural cans—including as many as 29.8 million of mentality rather than looking out communities from New Mexico are in children under the age of 14 and close for public health and the American desperate need of funds to rebuild to 2 million children suffering from people.

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.002 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1343 I rise to talk about the impact of this years that it has been a law. It has cut spective, I think it is most important bill on Americans and on public health six major pollutants by over 40 percent. at this point in our history in America and on New Mexicans. But air pollution still claims 70,000 that we take actions on the Senate At this point, I wish to engage in a lives per year, three times that of car floor that are going to create jobs, that colloquy with Senator MERKLEY on accidents. So if we weaken that act by are going to try to move us forward in some of the damaging aspects he sees these riders and this approach in the terms of our economic development. in terms of public health and the envi- House Republican budget, that number This House Republican budget is dev- ronment in H.R. 1, the House Repub- is going to rise. The number of lives astating in terms of creating jobs. lican budget. claimed each year is going to rise. That Leader REID, I think, said 700,000 Amer- Mr. MERKLEY. Madam President, it is why one of the major organizations icans are fired as a result of this job- is a pleasure to join my colleague from that monitors this, the American Lung killing bill, this House Republican New Mexico to discuss both the general Association, opposes these environ- budget. It is a devastating—dev- environment, the environment in mental rollbacks in the House bill. astating—thing to the fragile economic which we no longer have strong bipar- The Clean Air Act also protects preg- recovery we have going on right now. tisan support for clean air and clean nant mothers and developing children I am very happy to hear—very happy water that we once had, and some of from mercury, a neurotoxin that cre- to hear—that Senator REID says we are the specifics of the House Republican ates problems in brain development, going to bring the House Republican budget and the damage that would do including attention and memory prob- budget here to the Senate floor. We are to American citizens. lems. Mercury comes out of the smoke- going to have an up-or-down vote on Just to give a small sense of this, in stacks into the air, deposits into our that budget. And it will be out there. 2010 the Clean Air Act prevented 1.7 water, and is also consumed in the fish We are going to have lively debate million asthma attacks, 130,000 heart we eat. until we have that vote, and it will be attacks, and 86,000 emergency room Just to give a little example, in New out there for the American people to visits. That is why leading public Mexico—and Senator MERKLEY may see the devastating consequences it health experts oppose these cuts, have this up in Oregon too—we have could have if we adopted it. groups such as the American Lung As- these coal-fired powerplants that are With that, I say to Senator MERKLEY, sociation, which said: ‘‘H.R. 1 is toxic emitting mercury. It gets into the I know you have some concluding re- to public health.’’ streams. We now have a warning on marks. Why is that the case? I will give a every stream in New Mexico—every Mrs. BOXER. Madam President, I say couple examples and then turn back to stream in New Mexico—that if you are to the Senators, if I could take back my colleague. One example is that it going to catch fish and eat them, do my time. I want to thank both Sen- would prohibit standards for toxic air not do it more than about once a week. ators. We have only 10 minutes remain- pollution, including mercury, lead, ar- They actually warn pregnant women to ing, and we have three more speakers. senic, dioxin, and acid gases coming not eat the fish from New Mexico’s So I thank you very much. from coal-burning powerplants. A sec- streams at all. I do not think people re- Before I yield to Senator CARDIN—I ond is that it would prohibit standards alize how much pollution there is out thought it could be for 5; now I am told for toxic air pollution coming from in- there. there are two more speakers; it will be dustries burning coal and oil. A third is With that, I yield back to Senator about 3 minutes—let me put two charts that it would prohibit guidance on how MERKLEY for any additional comments up here in the Chamber and then yield to protect clean drinking water from the Senator has. I see our good friend, to him for 3 minutes. mountain top mining. A fourth is it Senator CARDIN, is on the floor and Look at this picture, I say to my col- would prohibit standards for handling also has been a real leader on this league from Maryland. These are the hazardous waste from burning coal just issue. I know he wants to speak also. most difficult times on these children 2 years after a disaster in Tennessee Mr. MERKLEY. Madam President, I when the air is dirty. This is a beau- caused 1 billion gallons of coal waste to will say that one key aspect is that the tiful child. She cannot breathe, and she spill into people’s neighborhoods and House Republican budget would cut $2 has asthma. The reason we passed the homes. billion from EPA’s clean water and safe Clean Air Act is because of kids like I have a longer list, but I will stop drinking water infrastructure loan pro- her, and others who are gasping for air, there and note that these impacts on grams. As I am going around my State, literally. water and air occur to citizens in every holding a townhall in every single The other thing I want to show you is State under H.R. 1, the Republican county, I hold a meeting with the city this chart. This is an incredible chart budget. and county leaders in advance of the that shows the significant drop in Mr. UDALL of New Mexico. Madam public meeting. At virtually every one smog-related health advisories in President, if the American people knew of these gatherings, I hear stories from southern California, the most polluted what was happening here I think they mayors and chairs of county councils area, since we have put the Clean Air would be out in the streets in Wash- who talk about the challenge they have Act into place in the 1970s. Look at ington, as we are seeing in Wisconsin with their aging infrastructure, both this. We have gone from 166 days where where people are turning out and are on their water supply and on their there were warnings for people to stay energized, because the rollback of wastewater disposal; and that aging in- indoors to zero days in 2010. The Repub- these environmental laws is a rollback frastructure needs to be upgraded as licans, in H.R. 1, devastate the EPA’s on public health. plants wear out and as we discover budget, plus they tell them they can- As Senator MERKLEY has discussed more challenges we need to address. So not enforce the Clean Air Act. persuasively, we are talking about pre- cutting the loan program that supports Let me say this: If my Republican venting heart attacks, preventing our communities—our rural commu- friends want to repeal the Clean Air emergency room visits. In New Mexico nities, our suburban communities, our Act, just bring it on, and we will have alone over 170,000 residents suffer from urban communities, all of our commu- a debate here. Do not do it through the asthma. Over 47,000 of those are chil- nities—in providing clean water to the guise of deficit reduction. dren. Thousands suffer from res- residents and of helping dispose of and Now I see I have three colleagues in piratory illnesses. With the rollbacks treat wastewater would be an enor- the Chamber for the remaining time. I in the House Republican budget, those mous mistake. That partnership is ab- ask unanimous consent that we have folks will suffer a lot more. It is going solutely crucial to communities that until 20 after before we turn it over to to impact vulnerable populations. cannot otherwise afford this infrastruc- Senator KERRY, and that I am going to The House Republican budget puts ture. That would mean more sewage yield 3 minutes to the following: Sen- hundreds of thousands of New Mexicans and other pollution going into our ators CARDIN, LAUTENBERG, and at greater risk from pollution, from water ways and less treatment of water WHITEHOUSE. powerplants, oil refineries, mines, and we take out to drink. The PRESIDING OFFICER. Is there cement kilns. The Clean Air Act has Mr. UDALL of New Mexico. Madam objection? had a very positive impact over the President, in conclusion, from my per- Without objection, it is so ordered.

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.012 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1344 CONGRESSIONAL RECORD — SENATE March 8, 2011 The Senator from Maryland. broke and turned our downtown into this point. It is a fact that over the last Mr. CARDIN. Madam President, let unpavable streets. We saw what hap- 800,000 years, the atmosphere has been me thank, first, Senator BOXER for her pened in Montgomery County, MD, in a range between 170 and 300 parts per leadership on this issue in bringing us where River Road became a river and million of CO2. That is a measurement, together to point out what harm the people had to be rescued from their not a theory. In 1863—a long time ago, House-passed budget bill would do to cars. This, once again, is about jobs. It during the time of the Civil War in this our environment. creates jobs. But it also provides us country—an Irish scientist, John Tyn- I start off by saying, when you look with safe drinking water in our com- dall, determined that carbon dioxide at the Republican budget plan in the munities. has a blanketing effect in the atmos- House, it not only devastates impor- For all these reasons, Madam Presi- phere and increasingly warms the tant investments in our environment, dent, it is important that we do not Earth. That has been textbook science it does not bring us to a balanced budg- allow the House-passed budget to be- for more than a century. It is not a ne- et because all the savings they get in come law. gotiable or debatable proposition. We these Draconian cuts to our discre- I thank my colleagues for partici- have burned 7 million to 8 million tionary domestic spending are offset by pating in this debate. gigatons of carbon dioxide every year, extending the tax cuts. We lose all the I yield the floor. and it is having an effect. We are now savings through their tax policy. The PRESIDING OFFICER. The Sen- at 391 parts per million—well outside of But today I want to talk about a non- ator’s time has expired. a benchmark that has lasted for 800,000 money issue, at least a rider that was The Senator from New Jersey. years. put on the House budget. Let me read The remarks of Mr. LAUTENBERG are The PRESIDING OFFICER. The Sen- what it says. The bill says that ‘‘none printed in todays RECORD under ‘‘Morn- ator has used 3 minutes. of the funds made available in this Act ing Business.’’ Mr. WHITEHOUSE. I yield the floor. may be used to . . . implement’’ the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Bay restoration plan now under way. I ator from Rhode Island is recognized ator from Massachusetts is recognized. am talking about the Chesapeake Bay for 3 minutes. Mr. KERRY. Madam President, I un- program, a matter I have talked about Mr. WHITEHOUSE. Madam Presi- derstand I have 30 minutes. on this floor many times. dent, I thank Chairman BOXER for pull- The PRESIDING OFFICER. The Sen- What does that mean? That means ing us together. I want to make three ator has 271⁄2 minutes, I am told. none of the funds in the budget can be quick points in the time I have. Mr. KERRY. I ask unanimous con- used in the six States that are in the The House bill cuts $2 billion out of sent to use the full 30 minutes. watershed, including Maryland and the the clean water and safe drinking The PRESIDING OFFICER (Mr. District of Columbia, to implement water infrastructure loan programs at TESTER). Without objection, it is so or- their plan. Each of these States is rely- a time when EPA calculates we have a dered. ing and getting Federal funds under $600 billion water infrastructure def- Mr. KERRY. Madam President, I the State revolving fund to deal with icit. We are behind on rebuilding Amer- thank my colleagues, the Senator from wastewater treatment plants. Those ica’s clean water infrastructure, and California and other colleagues, who funds would be denied. None of the yet they cut it. We need the infrastruc- have been involved in an important dis- money could be used for the State ture. We could certainly use the jobs. cussion here. I will say a few more water programs. None of the funds This is a very misplaced cut. words about that in the course of my could be used for watershed groups to From a clean air perspective, the bill comments. restore local streams. cuts $60 million from State and local Let me begin by observing that last We have school groups and civic asso- grants that ensure clean air and clean week, like a lot of colleagues here, I ciations participating with us to clean water and attacks clean air programs. voted in favor of a 2-week continuing up the Bay. Those programs would In 2010, the Clean Air Act is estimated resolution in order to avoid a govern- come to an end. It is estimated this one to have saved 160,000 lives, compared to ment shutdown. But I will say that I rider alone will cost the Bay restora- where things would have been without did so extremely reluctantly, and I am tion effort in Delaware, Maryland, it. not inclined to continue to do that in a Pennsylvania, New York, Virginia, Physicians for Social Responsibility series of hatchet budgets that continue West Virginia, and the District of Co- says that U.S. coal plants alone cause to make cuts without regard to the lumbia more than $300 million. about 554,000 asthma attacks each larger budget considerations we need What does that mean? It means job year. Why do I talk about asthma? to be considering. I know colleagues on loss in our areas, by far. We are talking Rhode Island has a 10-percent rate of both sides of the aisle voted reluc- about jobs here. It also puts our citi- asthma, despite not having a single tantly. Frankly, it is insulting and zens at risk as far as their health is coal-fired powerplant. frustrating that we are reduced to concerned. More and more health-re- Why is this? Because out in the Mid- passing incremental allowances just to lated illnesses are coming as a result of west, they are pumping their pollution keep the government functioning. This the poor quality of water in our com- up into the sky, where it falls down on is just the work of this year’s budget— munities. our New England States. something that should have been Let me mention one other issue; that Average smokestack height in- passed for an entire year last year. is, the House-passed budget—the Re- creased from 200 feet tall in 1956 to over The impact of this kind of staggered, publican budget—will slash the EPA 500 feet tall in 1978. In 1970, there were stop-and-start, keep-them-guessing budget by 33 percent below the fiscal only two U.S. smokestacks over 500 budgeting on programs and projects year 2010 level. That is a one-third re- feet tall. By 1985, there were 180 smoke- that, frankly, need to do some long- duction in the EPA’s budget. stacks taller than 500 feet, and 23 were term planning actually costs Ameri- It threatens Clean Water Act protec- over 1,000 feet tall—so tall that they cans money and costs Americans long- tions for lakes, streams, and rivers had to be put on air traffic control term competitive capacity. Run a busi- across our country by cutting $2 billion maps. ness the way we are running these from the EPA’s Clean Water and Why? Because it exports their pollu- kinds of programs, and you would go Drinking Water State Revolving Loan tion to us. A State such as Rhode Is- under if you had a month-to-month, Fund. land has no shot at controlling the pol- week-to-week, 2-weeks-to-2-weeks I mention that because in my State lution that is dumped on us that origi- budget process. No department head and around the Nation we are seeing nates in other States if there is not a can plan for the long term because more and more disasters occurring as a strong national EPA to do this. So it is they don’t know what they are going to result of water main breaks. We saw very vital to us. And asthma is a real have, how much they are going to what happened in Prince George’s threat. spend. Projects that need to begin County, MD. That was within the last Lastly, on carbon pollution, we hear don’t begin, and that costs America year. We saw what happened in down- a lot of talk about this, and there are leadership. It costs us money. No won- town Baltimore when a water main certain things that are just factual at der Americans are frustrated. All we do

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.031 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1345 is bounce from one short-term, stopgap alike, including Senators DURBIN, wound up putting us in this predica- solution, band aid approach to another, CONRAD, COBURN, and CRAPO, had the ment—that we have been on a binge of always deferring the tough decisions courage and willpower to put on the political sloganeering. It has been ap- and the adult conversation, which is table the whole set of choices when pealing to the easiest instinct of every exactly what the American people sent they embraced the debt commission’s American. Who doesn’t feel they don’t us here to engage in. report, which was appropriately enti- pay too much? The fact is that the bur- I come here today to appeal to the tled ‘‘The Moment of Truth.’’ Nobody den we pay is far less than many other common sense and conscience of our liked every proposal set forth by the countries. It is at about the lowest colleagues. This is not the time to cre- commission—not even the Commis- level in our history—the least amount ate a fundamentally political budget sioners themselves—but they did it in of revenue in the last 60 years. That is document, steeped in ideology. It is not order to put everything on the table for part of what contributes to our debt. It the time to put forward a set of a discussion by us. also robs us of a whole set of other choices, many of which have absolutely The Congress is responsible for mak- choices in terms of American competi- nothing to do with reducing the deficit ing these choices. Unfortunately, the tiveness. or debt but everything to do with ideo- budget sent to us by the House is an Let me point out, to listen to the logical goals long sought by some, now unbelievably irresponsible exercise in Members of the House and some of our cloaked in the guise of deficit crisis in avoidance, and includes a set of choices colleagues, you would think the Presi- order to achieve what they have never that will take America backward. I am dent didn’t do anything about this. In been able to achieve to date. not exaggerating about that. I will go fact, the President is the only person Everyone here knows—you have pri- into that in a moment. who put a realistic budget before us. vate conversations with colleagues, Let me cite what the commission The President is the only person who and they will nod their heads and ac- said to remind us about our responsi- really put in a plan to reduce the over- bility. They said that throughout our knowledge to you how serious this all debt, not just a CR on a temporary Nation’s history, Americans have budget situation is. We need a serious basis but an overall budget with a plan found the courage to do right by our conversation about our fiscal situation. for how you grow America and reduce children’s future. Deep down, every It begins with a comprehensive discus- our deficit. The President’s budget does American knows we face a moment of significantly reduce deficits. sion about discretionary spending. Yes, truth once again. We cannot play I remember in the 1990s when we that has to be on the table. But what games or put off hard choices any faced this very question. I remind my about entitlements? What about reve- longer. Without regard to party, they colleagues that we did balance the nues? Everybody here knows we have said, we have a patriotic duty to keep budget. The last President and party to to work toward a long-term solution in the promise of America to give our balance the budget was President Bill order to reduce the budget deficit and children and grandchildren a better Clinton and the Democrats. We did it the staggering debt of our country. We life. Our challenge is clear and inescap- jointly, working together in a respon- are going to have to reduce some Fed- able. America cannot be great if we go sible way. It wasn’t just that we in- eral spending and make appropriate broke. Our businesses will not be able changes in entitlement programs in to grow and create jobs, and our work- creased revenues and reduced spending. order to do that. When we are honest ers will not be able to compete success- What was critical was—they all met about it, it means you have to talk fully for the jobs of the future without within 1, 2, or 3 years—that we sent a about everything—revenue, tax reform, a plan to get this crushing debt burden message to the marketplace and the spending, and entitlements. off our backs. I think every Senator American people that we were serious A lot of Americans appropriately probably agrees with that, but is every about turning our deficit into a sur- ask: What are we doing with 57,000 or Senator prepared to do something plus. I believe that as we go forward we 60,000 pages of a tax code? How many about it? Certainly, this budget sent to Americans have their own page? You us by the House is an avoidance of that have a responsibility to understand can run through it and find an awful kind of discussion and the responsi- that we need to have a responsible set lot of big interests, big business, folks bility the debt commission placed on of choices put in front of us. We are who can afford big lobbyists—they get our heads. So we ought to get serious. locked in a debate that is not actually their own pages. But the average For fiscal year 2011, the administra- trying to find common ground right American appropriately feels left out tion’s budget projects a deficit of $1.6 now. Ask this question: Is everything and abused by that process. That ought trillion. Without changes in our cur- on the table in a serious effort to cre- to be on this agenda—the simplifica- rent policies, the Congressional Budget ate jobs and advance America’s eco- tion of the code and the fairness of the Office estimates that our Federal debt nomic leadership? Is it really impos- code. will be 95 percent of GDP the gross do- sible for us to sit down together across In addition, we obviously need to mestic product of our Nation. Today, the aisle and come to an agreement as talk about Medicaid, Medicare, and So- as we are here, we are borrowing 40 to what helps us grow and what cial Security. Social Security, frankly, cents of every single dollar we spend— doesn’t? Is it really true that American is easy to fix. We fixed it in the 1980s borrowing 40 cents. We borrow a lot of Senators have the inability to be able with Ronald Reagan. I was here then. it to be able to afford to buy the source to agree as to where the benefit comes We can do this again. That is not chal- of our energy from other countries, and to the economy in the multiplier effect lenging. We can make that safe and much of the dollars we borrow in order with respect to science research or whole throughout the century so that to go into debt to buy energy from technology research or other kinds of our children and grandchildren and other countries winds up making us things we can excite in the private sec- their children have the opportunity to less secure. This is not a smart cycle, tor? trust in the Social Security system. not a virtuous cycle. Certainly, it is Completely absent from this debate That is doable with minor tweaks. not something we are locked into. We is an honest discussion of what actions What is far more complicated and have a whole set of other choices. only the government is actually challenging is Medicaid and Medicare. I Let me point out to my colleagues equipped to take in order to bolster our assure colleagues who are out to undo that spending is at the highest level as global competitiveness. Every CEO in the health care bill passed by President a share of our economy than it has America knows there are some things Obama, if that is undone, those Medi- been in more than 60 years. We are that only the government can do. Look care costs are going to soar and the spending more than we have spent as a at President Eisenhower’s National medical choices before our country are share of our economy at any time in 60 System of Interstate Highways in the going to become even more com- years. But we are also collecting less 1950s. By today’s standards, we could plicated. revenue than we have ever collected in not build it. It would not happen by to- Back in December, a number of our the last 60 years. There is something day’s standards. But the fact is, more colleagues understood and embraced wrong with that equation. than 30 or 40 percent, maybe 50 percent, exactly what I am saying right now. It seems to me clear—and many of us of America’s productivity increases Senators, Republicans and Democrats objected and opposed the tax cut that came as a consequence of the building

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.013 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1346 CONGRESSIONAL RECORD — SENATE March 8, 2011 of the Interstate Highway System, not months after the Commission put for- framework that put our country on a to mention billions of dollars’ worth of ward its important proposals, and the track to be debt free by 2012, for the spinoff jobs and tax revenues to our Senate is trapped in a political mo- first time since Andrew Jackson’s ad- communities. We are still living off ment when what we need is a moment ministration. The fact is, Alan Green- that inheritance. We are living off the of truth. span was warning America and the infrastructure investments of those We have to find a way to make these Senate that we were paying down our who went before us. tougher choices. I wish to be clear debt too fast and that could have im- Today, China is investing 9 percent of about what I think they are. I ask my plications on the marketplace. its GDP into infrastructure. Europe is colleagues: Do we want a government We know how to do this in a respon- investing 5 percent of its GDP into in- that is too limited to have invented the sible way. How we got off track from frastructure. The United States, just Internet? A lot of people do not think that is a story I am not going to go about 2 percent, slightly less. We have about that, but the fact is, the govern- back into right now. It is pretty well a $2.2 trillion infrastructure deficit. ment invented the Internet. It was a known. But the truth of how we gen- What we have not been discussing in spinoff from DARPA, from research erated the 1990s economic boom is a this debate is what we need to invest into how we might be able to commu- story that has to be retold again and in, a coherent strategy, a policy to nicate in the case of nuclear war. We again. make certain we are not held hostage were creating this communications Let me point out the difference. We to oil and instability in the Middle network which became the Internet. are not going to do this process in 2 East. Then the private sector saw the oppor- weeks. We know that. We ought to The United States could become the tunities and took those opportunities have a responsible CR that allows us to first country to have 1 million electric and translated them into what we have go forward and give ourselves a proper vehicles on the road by 2015 and ensure today, which has revolutionized the amount of time to tackle these larger that 80 percent of our electricity comes way people communicate and do busi- issues and put something serious on from clean energy sources and with ness. But it came from the govern- the table with tax reform spending, en- that comes jobs. We need a cutting- ment, just as digitalization came from titlements—all those issues on the edge, high-speed wireless data network. government research, the space pro- table. We still do not have one. We are going gram, which also produced Gortex and What we have in this House budget— backward. We invented the tech- microwave and Teflon and a host of let me point out, rather than say it nologies. We used to be No. 3 or No. 4. other products that are now out in the takes us backward. I believe there are Now we are drifting back to No. 16 or marketplace where we have created reckless cuts in this budget that would No. 21, depending on whose measure- millions of jobs. The Internet created do great harm to our country because ment we look at. By any measurement more than a million jobs and has added it strips away our ability to create the and any standard, we are going back- greatly to the gross domestic product future. Research and development in ward, while other countries are going of our country. technology, research and development We want to have a country that is so forward, and it is because we are not in science, the National Institutes of limited that we do not do those kinds investing and making it attractive for Health—a host of these things are cut of things? Taxes so low that everybody the private sector or private citizens to in a draconian way. feels good, thinks they are better off, achieve this. I had lunch the other day with the but we do not do the research that is America has always been a competi- Secretary of the Navy. He was telling necessary to create jobs and new indus- tive country. Our DNA is innovation me how the House budget has cut tries and fill the Treasury with the rev- and creativity and entrepreneurial ac- ARPA–E program. It has cut it from enue that educates our children, cures tivity. The fact is, we are not doing the about $250 million down to $50 million. to diseases and provides opportunities things we could do in joint venture The House bill effectively shuts off all for poor people to break out of poverty with the private sector to attract the the projects. and touch the brass ring of America. best jobs and create the best opportuni- We have to get past the slogans and Do you know what some of those ties. We have to become that nation the sound bites. We have to reason to- projects are? One is our military’s abil- again. That is what our budget ought gether and talk about the things Amer- ity to have greater capacity in the to be discussing, and we ought to be ica does best. field, to have solar or wind or battery able to agree across party lines as to If we are going to balance the budget storage so they do not have to run con- how we do that. and create jobs, we cannot pretend we voys of fuel to keep vehicles and supply The budget passed by the House of are going to do it by eliminating ear- our troops with the administrative sup- Representatives not only does not marks and government waste. We have port they need. present a realistic set of choices with to look at how we did it previously. They say the military has done a respect to how we make America com- In the early 1990s, our economy was study. For every 24 convoys for fuel, we petitive and create higher paying jobs faltering because deficits were too big lose one marine or soldier—one marine and grow our economy, not only does it and debt was freezing capital. We had or soldier for every 24 convoys. They not do that, it actually strips away the to send a signal to the market that we are looking at ways to reduce having opportunities to do that. It takes us were capable of being fiscally respon- those convoys, and they are cutting backward. sible. Guess what. We did it, and we did the money so our military will be more The House budget is going to lower it without a reckless assault on a dependent on the fossil fuel that comes the deficit by only 6 percent because whole series of things that make a dif- from unstable countries in various they are focused only on domestic dis- ference to the quality of life of our parts of the world. cretionary spending. They do not focus country and to our ability to create Mr. President, how much time do I on defense spending. They do not focus jobs. We saw our economy turn around have remaining? on Medicaid, Medicare, entitlements. in the 1990s, and we created 22 million The PRESIDING OFFICER. The Sen- They do not focus on some of the waste jobs. We created unprecedented wealth ator has 61⁄2 minutes remaining. and duplication within the system. in America. Every single income level Mr. KERRY. Mr. President, China is They just strip away at a whole bunch in our country saw their income go up racing ahead with respect to these of programs that many of them have in the 1990s. We created more wealth in kinds of investments. The fact is, they opposed for their entire life in politics the 1990s than we created in the 1920s are sending their students to the and voted against in the first place. and 1930s with the great barons of United States for degrees in math, They are using the opportunity of this wealth of that period—the Carnegies, science, and engineering, but the House budget to press an ideological agenda. Mellons, and so forth. We did it by is cutting Pell grants so there is a 15- That is why only 13 percent of the committing the country to a dis- percent cut below the maximum level, budget is being focused on in what they ciplined path, where we spoke to the which would affect over 100,000 stu- are doing. potential of the American people. dents in college, making it less afford- They have sworn off any discussion Working with the Republicans—it able, less accessible for low- and mod- of the very hard choices. Here we are 3 was bipartisan—we came up with a erate-income students. That is not a

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.015 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1347 budget that helps our economy. It does ciency and renewable energy. It would world’s most devastating diseases. In nothing with dealing with the deficit significantly delay needed investments fact, a report by Families USA esti- and jobs. in energy efficiency and renewable en- mated NIH awards to the States results They tie the hands of the Consumer ergy R&D, demonstration and deploy- in over 351,000 jobs that pay an average Product Safety Commission so they ment programs critical to the transi- annual wage of more than $52,000, and cannot launch a database for consumer tion to a clean energy economy. results in $50.5 billion in increased out- products. If you are an average Amer- The U.S. stands to be the world lead- put of goods and services to the U.S. ican, you do not need to know if the er in concentrated solar with the addi- The jobs, the spinoff industries, and products you buy are safe or will harm tion of these two projects, but this the local development that are sus- you. That does not matter anymore, title is in jeopardy thanks to more ir- tained by NIH awards will disappear or even though it has nothing to do with responsible and irrational cuts in H.R. relocate to more competitive nations— dealing with the budget problem. 1.The proposed elimination of the DOE such as China or India—without con- They reduce Federal funds from loan guarantee program for clean en- tinued and stable funding for the NIH. being spent for Planned Parenthood, ergy cost jobs, American competiti- The House bill reduces funding for for doctors and nurses to conduct 1 veness, and immediate economic bene- the National Institute of Standards million lifesaving screenings for cer- fits. For example, yesterday I met with and Technology by $223 million which vical cancer and more than 830,000 Abengoa Solar, a company trying to will reduce research and hurt job cre- breast cancer exams. I guess it is much help the U.S. become the world leader ation. The House bill slashes funding more important that millionaires, peo- in concentrated solar with two of the for the National Science Foundation by ple earning more than $1 million a largest facilities in Arizona and Cali- more than $300 million below current year, get their tax cut than 830,000 fornia. But by cutting the loan guar- levels meaning 1,800 fewer research and women to have breast cancer antee program we stand to lose 1,200 education grants. Earlier this month, 300 of America’s screenings. This value system is some- jobs from just the California project. In leading economists, including Alan addition this doesn’t include the $1⁄2 thing that I think is absolutely essen- Blinder and Laura Tyson, sent an open billion of equipment from U.S. sup- tial for us to examine. letter to President Obama and Mem- The House cuts almost $2 billion pliers in nine States across the U.S. in- bers of Congress concerning these cuts, cluding Arizona, Oklahoma, Kentucky, from the clean water and drinking and they said it is shortsighted to Colorado, and Kansas. water State funds that allow us to cap- make cuts that eliminate necessary in- The House bill slashes $1.3 billion italize on low-interest loans and no-investments in our human capital, our from the National Institutes of Health, terest loans so we can build and refur- infrastructure, and the next generation NIH, which would force NIH to reduce bish clean water systems. of scientific and technological ad- support for more than 25,000 existing All across our country, we have com- vances. They said: Republican-planned research grants and scale back clinical munities that are under court orders to cuts threaten our economy’s long-term trials and research projects. These clean up the water for our citizens. The economic competitiveness and the drastic cuts will devastate biomedical House is cutting the ability of those strength of our current economic re- communities to be able to provide for research; cures will be delayed, jobs covery. The letter goes on to say that that because most of them do not have will be eliminated, and American lead- we need to look and sustain the critical the tax base to do it on their own. ership and innovation will be jeopard- investments in the productive capacity The House bill prohibits the EPA— ized. NIH is the primary Federal agen- of the United States. that discussion took place, and I will cy responsible for conducting and sup- Mr. President, you are a farmer, and skip over it. It has nothing to do with porting medical research, most of there ain’t a farmer in the country who deficit reduction. It just prohibits the which is done at medical schools, hos- doesn’t know you don’t eat your seed EPA from enforcing clean air laws, pitals, universities and research insti- corn. But that is what we are doing after the American people decided in tutes distributed in every State in the here. We are eating our seed corn. We 1970 they wanted clean air, and people’s country. NIH-funded research drives are stripping away America’s already lives have been improved because we scientific innovation and develops new challenged ability to compete against a have provided it. We are going to go and better diagnostics, prevention China, India, Brazil, Mexico, South backward there. strategies, and more effective treat- Korea, and countless countries that are I mentioned the ARPA–E cuts. The ments. NIH-funded research also con- indicating far more seriousness than House bill cuts $780 million below the tributes to the Nation’s economic we are about their desire to build out current level for energy efficiency and strength by creating skilled, high-pay- and build a future. renewable energy, which is going to cut ing jobs; new products and industries; We have a train that runs from Wash- critical programs that advance our job and improved technologies. ington to New York called the Acela. It base. They do that even as we know that can go 150 miles an hour. But it only I met yesterday with the CEO of a continued commitment to NIH is es- goes 150 miles an hour for 18 miles of major solar company. They are going sential for securing a strong national that trip between here and New York. to create a huge number of jobs in the economy and for maintaining our lead- Why? Because if it goes too fast into Southwest of our country. The largest ership as the global leader in research the tunnel in Baltimore, the tunnel facilities are going to be in Arizona and and development. Everyone applauded may cave in; because if it goes too fast California. But by cutting the loan when President Obama said in his 2011 over the bridges of the Chesapeake, guarantee program, we are going to State of the Union Address that ‘‘one they may fall down. But you can go to lose 1,200 jobs just on the California key to future growth in the U.S. econ- China and ride on a train that goes 200 project, and that does not include the omy will be to encourage American in- miles an hour and the water in your $1⁄2 billion of equipment from U.S. sup- novation and job creation by investing glass doesn’t even move; or 300 miles pliers in nine States, including Ari- in research and development—includ- an hour in the Maglev train from zona, Oklahoma, Kentucky, Colorado, ing biomedical research at the NIH.’’ Shanghai airport to downtown Shang- and Kansas. That is a loss of jobs in And Massachusetts received more than hai. Go to Abu Dhabi, go to Dubai, go every single one of those States. $2.5 billion in NIH grants last year to Paris, or any major airport in Eu- The House bill reduces funding for alone. But here we are gutting the NIH rope and you will find an airport that the National Institutes of Standards because we are afraid to look at the outshines the airports of the United and Technology, which is going to re- things that need to be addressed that States and you will find public transit duce research and hurt job creation. It yield real savings. systems that outshine the public tran- slashes funding for the National Folks, this is killing our economic sit systems of the United States. Be- Science Foundation by more than $300 competitiveness in the cradle—and in cause once again, we are living off million. That is 1,800 fewer research the laboratories. Investment in the what our parents and grandparents and education grants. NIH produces a steady stream of tal- built because we are not willing to pay The House bill provides $787 million ented researchers who lead the way to for anything, which is why revenue in below the current level for energy effi- treatments and cures for some of the the United States is at a 60-year low.

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.016 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1348 CONGRESSIONAL RECORD — SENATE March 8, 2011 We need to be smart about where we month—but it must add closer to ture if Senators are willing to sit down are going here. The GDP of our country 200,000 jobs per month before we can and forge it and make it real. The is measured by our total expenditures say the economy is truly expanding President’s fiscal commission made of consumption of the American peo- again. Imposing additional government very clear that our budget cannot be ple, it is measured by our investments, spending cuts before this has happened, balanced by cutting spending alone. it is measured by government spending as House Republicans want, would be The American people deserve a serious and investment, and by our exports taking an unnecessary chance with the dialogue and adult conversation within minus our imports. That is the GDP. recovery.’’ the Congress about our fiscal situation, That is how you measure GDP. How Zandi estimates that the cuts in- discretionary spending, entitlements, can these folks sit here and say if you cluded in the Republican continuing and revenues. We need to work to- cut the government spending you are resolution would lead to 700,000 fewer gether in a bipartisan process to de- not going to cut the GDP, which is jobs by the end of 2012. Federal Reserve velop a long-term solution to reduce what every major economic analysis Chairman Ben Bernanke said last week both our current budget deficit and our has said? that the Republican continuing resolu- staggering debt. And, yes, we will need So yes, we have to cut waste; yes, we tion would reduce growth and cost our to reduce Federal spending and make have to cut some spending; yes, we economy about a couple hundred thou- appropriate changes to our entitlement have to be responsible. But let us be re- sand jobs. programs to meet the fiscal challenges sponsible in a responsible way, by look- Last month, a Goldman Sachs econo- facing our country. But everything ev- ing at the overall budget and the places mist warned that the Republican cuts erything—tax reform, spending and en- we can reduce, at a tempo that doesn’t could reduce economic growth in the titlements—needs to be on the table. do injury to our ability to invest in United States by 1.5 to 2 percentage Mr. President, this is one of the mo- America’s future, to create the jobs for points this year. ments the Senate was intended to live the future, but nevertheless send the Additional spending cuts would also up to to provide leadership. To find right message to the marketplace and go against the thrust of our economic common ground. To level with the to the American people. policies. The Federal Reserve is hold- American people and be honest with We have done that before. We saw the ing short-term interest rates close to each other. We will no doubt continue longest expansion in America’s history. zero and purchasing hundreds of bil- to be frustrated and angry from time Staring us in the face is the largest lions of dollars in long-term Treasury to time, but I believe that more often economic opportunity of a lifetime. bonds, in an effort to hold down long- than not, we can rise to the common The energy marketplace is a $6 trillion term interest rates. The tax cut agree- ground of great national purpose. A lot market with 6 billion potential users ment we made last year is also helping of us like to talk about American today, rising to about 9 billion over the to create jobs and boost our economy. exceptionalism. But now we need to get next 30 years. But we are not engaged It doesn’t raise taxes, includes a 2 per- beyond the permanent campaign and in that. Two years ago, China produced cent payroll tax holiday, extends emer- the ideological agenda—and instead do 5 percent of the world’s solar panels. gency unemployment insurance bene- the exceptional things that will keep Today, they produce 60 percent, and fits and allows businesses to expense America exceptional for generations to the United States doesn’t have one their investments this year. come. company in the top 10 companies of the The American people deserve better I thank the Chair, and I yield the world’s solar panel producers. What are than the approach taken by the House floor. we doing? The biggest trans- of Representatives that cuts critically The PRESIDING OFFICER. The Sen- formational market staring the United needed research funding, eliminates ator from Vermont. States in the face is the energy mar- jobs and reduce economic growth, f ket, and we should be here putting an hurts our competitiveness and could energy policy in place, an education push our economy into a ‘‘double dip’’ CONCLUSION OF MORNING policy in place, an infrastructure in- recession. BUSINESS vestment policy in place, and a re- There is a better way for us to re- Mr. LEAHY. Mr. President, I ask search policy for technology and med- solve our budget problems. Let’s go unanimous consent that all remaining ical that soars, that takes America back to what worked before and can morning business time be yielded back. into the future, creates the jobs we work again if we are willing to bite the The PRESIDING OFFICER. Without need for the next generations, and re- bullet. In the early 1990s, our economy objection, morning business is closed. duces the deficit in responsible ways, was faltering because deficits and debt f not in this unbelievable reckless, meat were freezing capital. We had to send a axe, hatchet budget that is being pre- signal to the market that we were ca- PATENT REFORM ACT OF 2011 sented to us by the House of Represent- pable of being fiscally responsible. We The PRESIDING OFFICER. Under atives. We need to find common did just that and as result we saw the the previous order, the Senate will re- ground. longest economic expansion in history, sume consideration of S. 23, which the The minority continues to criticize created more than 22 million jobs, and clerk will report. President Obama about the lack of generated unprecedented wealth in The assistant legislative clerk read progress in creating jobs. Last month, America, with every income bracket as follows: the economy added 192,000 jobs and the rising. But we did it by making tough A bill (S. 23) to amend title 35, United unemployment rate declined from 9 choices. States Code, to provide for patent reform. percent to 8.9 percent. This is one of Now is the moment for America to Pending: the best job reports since the recession reach for the brass energy ring—to go Reid/Ensign amendment No. 143, to include began more than 3 years ago. It shows for the Moon here on Earth by building public institutions of higher education in that the economic recovery is begin- our new energy future—and, in doing EPSCOR jurisdictions in the definition of a ning to gain momentum. However the so, create millions of steady, higher micro entity. unemployment rate is still too high paying jobs at every level of the econ- Reid amendment No. 152 (to Reid amend- and we need both small and big busi- omy. Make no mistake: Jobs that ment No. 143), to provide an effective date. nesses to increase jobs if we are going produce energy in America are jobs The PRESIDING OFFICER. The Sen- to see a meaningful decrease in unem- that stay in America. The amount of ator from Vermont. ployment. The House continuing reso- work to be done here is just stunning. Mr. LEAHY. Mr. President, American lution will make that more difficult. It is the work of many lifetimes. And it ingenuity and innovation have been a Republican economist Mark Zandi must begin now. This shouldn’t be a cornerstone of the American economy says that now is not the time to imple- partisan issue, but instead of coming from the time Thomas Jefferson exam- ment the cuts included in the House together to meet the defining test of a ined the first patent to today. The continuing resolution. In a recent renew energy economy and our future. Founders recognized the importance of port, Zandi said. ‘‘The economy is add- There is a bipartisan consensus just promoting innovation. The Constitu- ing between 100,000 and 150,000 per waiting to lift our country and our fu- tion explicitly grants Congress the

VerDate Mar 15 2010 23:36 Mar 08, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.017 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1349 power to ‘‘promote the progress of KLOBUCHAR, Senator GILLIBRAND, Sen- ent reform this week, Austan Goolsbee, science and useful arts by securing for ator COONS and the other Democratic the chair of the President’s Council of limited times to inventors the exclu- cosponsors of the bill when I thank the Economic Advisers, illustrated this sive rights to their respective discov- four senior Republican members of the point by noting that when Alexander eries.’’ Judiciary Committee, Senator HATCH, Graham Bell applied for a patent that The discoveries made by American Senator GRASSLEY, Senator KYL and led to the telephone, it was granted in inventors and research institutions, Senator SESSIONS for working with us. a month. The patent in 1974 that led to commercialized by American compa- Innovation and economic development the cell phone took less than three nies and protected and promoted by are not uniquely Democrat or Repub- years. The average time this year for a American patent laws, have made our lican objectives, so we worked together patent to be processed is almost three system the envy of the world. to find the proper balance for Amer- years and several thousand take far The Senate has before it the America ica—for our economy, for our inven- longer. Invents Act. This will keep America in tors, for our consumers. It is both a I want to commend Austan Goolsbee, its longstanding position at the pin- process and a result that should make the chairman of the Council of Eco- nacle of innovation. This bill will es- us all proud. nomic Advisers. His white board pres- tablish a more efficient and stream- The last time Congress significantly entation this week on the importance lined patent system that will improve updated the patent system was more of patent reform shows we need to help patent quality and limit unnecessary than a half century ago. In the inter- America win global competition and and counterproductive litigation costs, vening decades, our economy has create jobs. The creation of more than while making sure no party’s access to changed dramatically. A patent system 220,000 jobs in the private sector last court is denied. developed in our 1952 economy before month, the creation of 1.5 million jobs I was glad to see the overwhelming the Internet, before cell phones, before over the last 12 months, and the unemployment rate finally being reduced to bipartisan vote in favor of ending de- computers, before photocopiers, even 8.9 percent are all signs that the efforts bate and invoking cloture that was before the IBM Selectric typewriter, cast yesterday. Yesterday was one of we have made over the last two years needs to be reconsidered in light of 21st the rare instances ever in Vermont to stave off the worst recession since century realities, while staying true to where snow impeded us and made it im- the Great Depression are paying off the consistent constitutional impera- possible for us to get back. I am de- and the economic recovery is taking tive of encouraging innovation and in- lighted to be back here for what I hope hold. The almost full percent point vention. drop in the unemployment rate over will be the successful conclusion and Our patent laws that were the envy the last three months is the largest devote on our legislation. of the world in the 20th century des- This is, after all, the product of eight cline in unemployment since 1983. De- perately need to be updated if we are hearings over the last three Con- spite interruptions of economic activ- going to compete effectively and win gresses, hundreds of meetings, and doz- ity in many parts of the country the future. China and the European ens of briefings. I again thank Sec- caused by winter weather over the last retary Locke and PTO Director Kappos Union are improving their patent laws. months and days, despite the extraor- for their involvement, their wise coun- We can’t remain complacent. If we are dinary rise in oil prices, the Dow Jones sel and their support. going to win the global competition by industrial average has climbed back to Last Congress, I introduced the Pat- out-innovating the rest of the world, over 12,000 from a low point of 6,500. ent Reform Act of 2009 as a precursor we need a patent system that works in Passage of the America Invents Act to the America Invents Act today, the 21st century. should help bolster our economic re- The array of voices heard in this de- along with Senator HATCH and others, covery and keep us on the right path bate represent virtually all sectors of and our bill was the subject of consid- toward business development and job eration and amendments over several our economy, all interests in the pat- creation. thoughtful sessions of markups in the ent system. They have not been uni- According to an article in the New Senate Judiciary Committee in March form, as expected, but they know the York Times just a couple of weeks ago, and April of 2009. At that time, Senator legislative process is one of com- patent applications last year amounted KYL asked that I convene a meeting promise and accommodation where to 2,000 a day. There are currently 1.2 with the Director of the Patent and possible, and it has been that way dur- million patent applications in the pipe- Trademark Office to discuss whether ing the 6 years we have been at work line. Among them could be the next there were further changes the office on this bill. Three major areas of con- medical miracle, the next energy needed in the legislation to improve cern emerge from this discussion. The breakthrough, the next leap in com- the office’s efficiency. We held those America Invents Act addresses each puting ability, or the next killer app. discussions, and we held countless one of them. We should be doing all we can to help other meetings and briefings with in- First, there is significant concern the PTO Director. It makes no sense terested parties in an effort to improve about delays in the patent application that it takes 2 years for an inventor to the legislation, again on a bipartisan process. The Patent and Trademark Of- get an initial ruling on his or her pat- basis. Bruce Cohen in my office, Aaron fice, PTO, currently has a backlog of ent application and another year or Cooper, Ed Pagano and others, had more than 700,000 unexamined patent more to receive a patent, this during a meeting after meeting just as prede- applications. There are several reasons time when technology changes some- cessors of theirs had. In short, we spent for this, not the least of which is the times by the hour, to say nothing by a whole lot of time making sure this PTO is overwhelmed with patent appli- the year and the 2 year and 3 year. As was done right and we did it in a bipar- cations and doesn’t have the resources the New York Times reporter Edward tisan manner. Bolstering the American necessary to work through that back- Wyatt notes: ‘‘The delays and ineffi- economic recovery and strengthening log. ciencies are more than a nuisance for our efforts in global competition The Director of the PTO often says inventors . . . . [P]atent delays cost should not be matters of partisanship the next great invention that may jobs, slow the economy and threaten or political advantage. drive our economic growth may be the ability of American companies to The process of discussions, debates waiting on the shelf, waiting to be compete with foreign businesses.’’ and deliberation has resulted in legis- granted. Some estimate that each Second, there is a concern about the lation that is going to be a much-need- issued patent represents three to 10 quality of patents that have issued. ed boon to our economy. It is also a jobs. We can ill-afford to keep so many Just as high quality patents are the model for our legislative process. It job-creating patents backlogged at the key to innovation, low quality patents shows what you can do when you set PTO. The America Invents Act author- are a drag on the economy because aside partisan rhetoric and instead ne- izes the PTO to set its fees and ensures they provide monopoly rents over prod- gotiate and collaborate together in that the PTO will have access to those ucts or processes that were not inven- good faith. fees. We want the PTO to work through tive. I know I speak for Senator KOHL, its backlog and be current. In his white Patent examiners are facing a dif- Senator WHITEHOUSE, Senator board presentation on the need for pat- ficult task given the explosion in the

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The Senate has before it bipartisan States at odds with the rest of the industrial The America Invents Act will im- legislation that can lead to long-need- world. On Wednesday, the Senate has an- prove the quality of patents issued by ed improvements in our patent laws other opportunity to reform the nation’s the PTO in several ways. At the outset, and system. This is a measure that can patent law. our legislation makes the common- The America Invents Act offers a step to- help facilitate invention, innovation ward a more effective and transparent patent sense change that third parties who see and job creation, and do so in the pri- protection system. This should encourage in- a patent application and know that it vate sector. This can help everyone vestment in inventions and faster diffusion is not novel and nonobvious, can assist from startups and small businesses to of ideas. The bill, which has broad bipartisan the PTO examiners by providing rel- our largest, cutting edge companies. support, would boost the patent office’s re- evant information and explaining its The America Invents Act promotes sources by letting it keep all the fees it col- relevance. innovation, and will improve our econ- lects. This would enable it to speed up the The bill will also create a new post- omy, by addressing the impediments to review of patent applications—which cur- grant review process for patents that innovation. As the President chal- rently takes almost three years to process— and work through an immense backlog of recently issued to improve the quality lenges Americans to win the future, of patents in the system, as rec- 715,000 applications. Congress cannot afford to sit idly by The bill should reduce costly litigation by ommended by the National Academy of while innovation—the engine of our creating an in-house system to look into Sciences, and it will streamline the economy—is impeded by outdated laws. claims of patent infringement before they go current ‘‘inter partes’’ system so that Our legislation leverages the ingenuity to court. it will be a more efficient alternative of our businesses, our universities, and The bill would also replace the first-to-in- to litigation. our independent inventors, and creates vent standard prevailing in the United The third concern is that as business States—which grants formal protection to a system in which that ingenuity can the creator of an innovation—with the first- competition has gone global, and pat- improve our economy. It will create ent applicants are increasingly filing inventor-to-file system used in most nations. jobs, improve products and reduce applications in the United States and This change would make it cheaper for costs for American companies and American patent holders to get patent pro- other countries for protection of their American consumers. tection around the world. But it has been inventions, our system puts American I began working on patent reform met with vocal opposition from some groups inventors and businesses at a disadvan- years ago, along with Chairman SMITH of small businesses and inventors who claim tage. The filing system in the United in the House, because of my belief that the change would benefit big corporations at States differs from that in other pat- their expense. we needed a more efficient and stream- ent-issuing jurisdictions, which have We disagree. The new law would make the lined system. For many years, patent ‘‘first-inventor-to-file’’ systems. The process simpler and cheaper. That should law interested only a niche audience, difference causes confusion and ineffi- benefit the little guy. and developments were reported only ciencies for American companies and Small inventors who needed time and in trade publications. Now they are dis- money to fully develop and test their ideas innovators. The inefficiencies exist cussed everywhere from the front page could request a provisional patent until they both in the application process and in of the Wall Street Journal to the New were ready for a full filing. It costs $110. And determining what counts as ‘‘prior art’’ York Times, and all three branches of because it is easy to determine who filed a in litigation. I ask unanimous consent government have taken an active role. patent first, the new system would better to have printed in the RECORD an edi- protect small inventors from challenges by The America Invents Act is about torial from today’s New York Times, corporations with deep pockets, reducing the economic development. It is about which calls the transition to first-in- chance of costly litigation. jobs; it is about innovation; it is about ventor-to-file ‘‘simpler and cheaper’’ Right now, proving who invented some- consumers. All benefit under a patent and says it ‘‘should benefit the little thing first is difficult and expensive. Accord- system that reduces unnecessary costs, ing to the patent office, it costs $400,000 to guy.’’ removes inefficiencies, and holds true $500,000 to challenge a patent on the grounds The PRESIDING OFFICER. Without of a prior invention. Most small inventors objection, it is so ordered. to the vision of our Founders that Con- gress should establish a national policy don’t have that kind of money. Big corpora- (See exhibit 1.) tions do. Mr. LEAHY. The America Invents that promotes the progress of science In fact, the current system mostly protects Act transitions to a first-inventor-to- and the useful arts. whoever files first for a patent. Of the last file process, as recommended by the ad- When Thomas Jefferson examined three million applications filed, only 113 ministration, while retaining the im- that first patent in 1790—a patent that were granted to entities who filed second but portant grace period that will protect went to a Vermonter—no one could proved they had invented first. In 88 of these universities and small inventors, in have predicted how the American econ- cases, the winners were large corporations. particular. We debated this change at omy would develop and what changes The patent system is too cumbersome, and would be needed for the law to keep it doesn’t protect the small inventor. The some length in connection with the America Invents Act is a smart reform. Feinstein amendment. That amend- pace, but the purpose then remains the ment was rejected by the Senate by a purpose today: promoting progress. Mr. LEAHY. Mr. President, I suggest vote of 87 to 13. The Senate has come If we are to maintain our position at the absence of a quorum. down firmly and decisively in favor of the forefront of the world’s economy, if The PRESIDING OFFICER. The modernizing and harmonizing the we are to continue to lead the globe in clerk will call the roll. American patent system with the rest innovation and production, if we are to The assistant legislative clerk proof the world. continue to enjoy the fruits of the ceeded to call the roll. When we began the patent reform de- most creative citizens, then we must Mr. WARNER. Mr. President, I ask bate 6 years ago, there was also a sig- have a patent system that produces unanimous consent the order for the nificant concern that the costs and un- high quality patents, that limits coun- quorum call be rescinded. certainty associated with patent litiga- terproductive litigation over those pat- The PRESIDING OFFICER. Without tion had been escalating, which was re- ents, and that makes the entire system objection, it is so ordered. sulting in a drag on innovation. Dam- more streamlined and efficient. THE BUDGET age awards had been inconsistent and Now is the time to bolster our role as Mr. WARNER. Mr. President, I rise not always related to the value of the the world leader in innovation. Now is today to add my voice to the debate invention. This disconnect and uncer- the time to create jobs at home. Now is that has been going on in the Chamber tainty was a problem that also led to the time for Congress to act on patent about spending proposals and how we unreasonable posturing during licens- reform. I urge all Senators to support get through the balance of this current ing negotiations. the American Invents Act. fiscal year and ensure that we do not

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One of the things has a large number of private sector the amount of taxpayer dollars that we that those of us who have hallowed the employees who rely upon predictability have to spend to pay off current inter- benefits of the Internet over the last from the government. Unfortunately, est rates—current interest payments 20-plus years are quick to point out is with these lurchings from 2-week ex- continuing to rise. As a matter of fact, that the Internet came about because tensions, we are not providing that it is expected at some point over the of initial government investment kind of predictability. next 3 or 4 years the amount that we through ARPA. That led to the devel- As you know, I strongly believe this pay out of every dollar collected, sim- opment of the networks that created is a moment in time for this body, col- ply on interest, will exceed the 12 per- the Internet that have spawned tre- leagues in the House, and the President cent of our current domestic discre- mendous economic growth in this and others to come together regarding tionary spending. So all of these cur- country. the question of how we no longer sim- rent fights about these current cuts I believe, and I think many of our ply look at our debt and deficit on a that are being proposed, all will be sub- colleagues on both sides of the aisle be- piecemeal basis but we actually take sumed in interest payments we will all lieve, that we need a similar invest- on this issue on a comprehensive basis have to make as Americans; dollars ment in the energy field. That was cre- as so many, both elected officials and that, quite candidly, do not go to build ated, the RPE Program, at the Depart- financial officials, continue to suggest. another school, to make another in- ment of Energy. If we move forward That came in earlier today in testi- vestment, to build another road; dol- with the House budget proposal, that mony from former Senator Alan Simp- lars that are not recycled in this coun- will cut $1 billion out of the kind of son and former Presidential Chief of try but increasingly are owned by folks basic research we need to make sure we Staff Erskine Bowles about the con- abroad, increasingly by our bankers in have a full portfolio of domestic energy sequences of our failure to act if we do Asia and a disproportionate number sources, renewable energy sources. I, not get our comprehensive deficit and from China. for one, believe it also has to include debt under control. It is a problem that When we have the chance to vote on conservation, nuclear, increased—con- is not going to get easier. Every day we H.R. 1 this afternoon, I will be voting tinued domestic oil and gas, coal—all fail to act we add $4 billion to our na- no. I will be voting no because I think these have to be part of the mix. But tional debt. this narrow focus on domestic discre- we have to do it in a smarter and Unfortunately, some of the proposals tionary spending only for cuts will not cleaner way. Right now, at this point, that are coming, particularly from the get us to the point we need to be in to cut $1 billion out of that kind of House at this point, the House budget terms of long-term deficit reduction. basic next generation research and de- plan, do nothing significant to address Let me again point out where I think velopment, the same kind of research our long-term deficit and debt issues. the House proposal is so shortsighted. and development that in the IT field I travel around Virginia. Yesterday I One of the things that Erskine Bowles created the Internet, would be short- was down with our colleague from and Alan Simpson said today: There is sighted. I think that is true in the Georgia, Senator CHAMBLISS. We met no silver bullet in this challenge we minds of most business folks. with literally hundreds of business have in front of us. It is going to take We have to get our health care costs leaders from across central Virginia, significant spending cuts. It is going to under control. Part of getting our and their message was clear: No more take looking at the revenue side health care costs under control means games, no more showmanship, get through the aspects of tax reform. But continuing to unlock innovation. Per- something done. That ‘‘something’’ those two things, revenues and spend- haps one of the greatest growth fields they want done is a comprehensive ap- ing alone, still will not get us out of of the next 20 years, and something I proach to our Nation’s fiscal chal- this problem. We have to get a third know the chairman of the Judiciary lenges. That will mean, yes, cutting leg on the triangle, and the third leg on Committee has been working on in down on spending. That will mean, as the triangle is a growing economy. terms of his patent reform, is making well, making our Tax Code more effi- How do we grow an economy in a place sure in the life sciences area America cient so American business can grow where America, while still the world’s continues to lead in terms of innova- and compete. leading economy, does not drive the tion. It will also mean at the same time economy the way it did even 20 years Well, where does that innovation that part of that tax reform effort adds ago? come from in terms of government dol- revenues because trying to deal with We saw 20 years ago where the world lars being leveraged four, five, six this problem by simply cutting or sim- would have to wait on America to get times? That comes from an investment ply taxing will not be sufficient. In- its financial act together. The world is in NIH. Unfortunately, the House budg- stead, the folks across Virginia, and I not waiting now—China, India, Brazil, et proposal cuts $1.3 billion from NIH imagine across Montana as well, are countries abroad are moving ahead. If funding. Well, if you are in stage 2 or saying: This is a moment in time we we are going to remain competitive, we stage 3 of the next-generation cancer have to put everything on the table, have to continue to invest smartly. development drug, to have those kind and we have to ensure we actually pro- The President said we have to make of trials cut back, to have that kind of vide a long-term solution. sure we educate, we have to invest in basic research cut back, not only in One of the things that has been most our infrastructure, and we have to be terms of American economic growth frustrating as I listened to this current able to out-innovate. That means tar- but the personal toll it could take on debate about CRs and what we are geted research and development. Unfor- folks who are desperately waiting for going to do for the balance of this fis- tunately, the House proposal, which solutions to a disease, I believe, is cal year is that the debate has focused not only focuses on domestic discre- again not a good policy choice at this almost entirely, the spending cuts pro- tionary to the exclusion of other areas moment. posed from the House, on domestic dis- of spending but also focuses these cuts As we move forward as well, we have cretionary spending. The $60-plus bil- on the remaining 6 or 7 months of our to make sure we outeducate our com- lion the House has celebrated all comes fiscal year, takes a disproportionate petitors. No one believes America’s fu- from that one narrow slice of the pie. whack out of these key areas where we ture is going to be based on low-wage Domestic discretionary spending ac- must maintain certain levels of invest- labor; it is going to be based on a well- counts for less than 12 percent of our ment if we are going to grow the econ- educated, innovative, and well-trained Federal spending. We cannot solve the omy to make sure the other cuts and workforce. $1.5 trillion current-year deficit or the other revenue raisers won’t have to be I think one of the areas this Presi- over $14 trillion long-term debt with- as Draconian. dent has not gotten the appropriate

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That is why I believe it moves to the House. over $1 billion from the Head Start getting patent reform right and achiev- I am also pleased that this legisla- Program. ing consensus on provisions such as tion includes an amendment I cospon- When we are trying to look at our inter partes reexamination is so impor- sored with Senator BENNET to establish kids competing against kids from India tant. additional satellite patent offices and China, does it make sense, if we Inter partes reexamines a proceeding around the country. It is no secret that are going to grow our economy, to at the Patent Office that allows for the we believe Colorado is well situated to slash education programs, if we are validity of a patent to be challenged in house a regional satellite patent office going to have that well-trained work- an administrative proceeding. These because of the combination of our rich force? proceedings are intended to serve as a and diverse innovative economy, our So I do believe the House proposal is less-expensive alternative to court- strong research universities and the shortsighted. I believe it does not do room litigation and provide additional fact that Colorado is a great place to anything to take on the structural def- access to the expertise of the Patent live. I am confident that Colorado will icit our country is facing. I will con- Office on questions of patentability. be competitive in the process of select- tinue to work with the Presiding Offi- Inter partes reexam is often the pre- ing these new satellite patent offices. cer and I think a growing number of ferred method of examination because In the end, I believe the America In- Members from both sides of the aisle. a panel of experts is more likely to vents Act goes a long way to help un- Our suggestion is to go ahead and take reach the correct decision on a tech- leash America’s innovative spirit, but the good work that was put forward by nical question compared to a jury com- we need to make sure that we don’t the Presidential debt and deficit composed of laypeople. The inter partes make changes that could have unin- mission as at least a starting point and process is not frequently used today be- tended consequences for some of our put in place as consequences if we do cause of procedural restrictions in the most innovative companies. Let’s get not act; that we will not solve this existing law. Rather than expanding patent reform right. Let’s move it for- issue—which, I believe, is the issue of the opportunities to use the inter ward, and let’s continue working to the day, which as Chairman Mike partes reexamination process, the make our patent system fair, efficient Mullin said is the No. 1 national secu- America Invents Act before us today and supportive of innovators as we rity issue for this country, to get our imposes standards that are more re- seek to compete in the global economy. I thank the Presiding Officer for his deficit and debt under control—unless strictive than current law and are not attention and interest in his own State we can broaden this debate from the 12 supported by top high-tech innovators. We need a patent reform bill that is of Montana. percent of domestic discretionary to I yield the floor. include, yes, defense spending, entitle- fair to America’s innovative tech- ment spending, tax reform, trying to nology companies and all users of the f make sure everything is on the table. patent system. RECESS The House approach does not do that. By failing to provide any relief from The PRESIDING OFFICER. Under The House approach is shortsighted. the huge burden abusive patent law- the previous order, the Senate stands The House approach will not allow us suits impose on technology companies in recess until 2:15 p.m. to grow our economy in a way we need. and instead reducing the protections in Thereupon, at 12:33 p.m., the Senate I will be voting against that proposal current law, I fear this legislation will recessed until 2:15 p.m. and reassem- when it comes to the floor. But I look force these companies to spend hun- bled when called to order by the Pre- forward to working again with all my dreds of millions of dollars on frivolous siding Officer (Mr. WEBB). colleagues to make sure we get a true lawsuits. These are dollars that other- The PRESIDING OFFICER. The Sen- comprehensive deficit and debt reduc- wise would be used to employ engi- ator from Pennsylvania. tion plan that this Congress can vote neers, produce and market new goods f on and put into action. and services, and help Colorado and MORNING BUSINESS I yield the floor and I suggest the ab- America win the global economic race. sence of a quorum. As this legislation moves to the Mr. CASEY. Mr. President, I ask The PRESIDING OFFICER. The House, we must work to achieve con- unanimous consent that the Senate clerk will call the roll. sensus on inter partes reexamination. proceed to a period of morning business The legislative clerk proceeded to While I do not believe we have the until 3:30 p.m., with Senators per- call the roll. right balance quite yet, I do believe mitted to speak therein for up to 10 Mr. UDALL of Colorado. Mr. Presi- this bill is a good faith effort to im- minutes each. dent, I ask unanimous consent that the prove our patent system, and I am The PRESIDING OFFICER. Without order for the quorum call be rescinded. going to support moving it forward be- objection, it is so ordered. The PRESIDING OFFICER. Without cause we cannot let job-creating pat- Mr. CASEY. I suggest the absence of objection, it is so ordered. ents languish any longer. a quorum. Mr. UDALL of Colorado. Mr. Presi- As we all know, the Patent Office has The PRESIDING OFFICER. The dent, I wished to rise to speak on the an enormous backlog of nearly 700,000 clerk will call the roll. legislation that is currently before the applications, in addition to a half mil- The legislative clerk proceeded to Senate, the America Invents Act of lion new applications every year. Each call the roll. Mr. CARDIN. Mr. President, I ask 2011. I wish to applaud the work of Ju- of these pending applications will cre- unanimous consent that the order for diciary Committee Chairman LEAHY ate on average 3 to 10 jobs. But while the quorum call be rescinded. and Ranking Member GRASSLEY for these applications collect dust in The PRESIDING OFFICER. Without working so hard to bring this complex, America, other countries are getting a objection, it is so ordered. bipartisan legislation to the Senate head start on technologies that can Mr. CARDIN. Mr. President, I under- floor. revolutionize the way we live. I am stand we are in morning business; is As we work to rebuild our economy, very pleased the America Invents Act that correct? get Americans back to work, and win will address the funding challenges The PRESIDING OFFICER. That is the global economic race, we should all faced by the Patent Office. This legis- correct. appreciate this effort to spur innova- lation will allow the Director of the f tion and create jobs. Patent reform is Patent Office to set fees as necessary, an important issue for Colorado’s econ- but it will also ensure that those fees THE BUDGET omy and, of course, our national econ- stay at the Patent Office—all without Mr. CARDIN. Mr. President, I take omy. High-tech innovators represent any cost to taxpayers. This legislation this time to talk about the budget def- over 12,000 jobs in Colorado, and they will allow the Director to finally clear icit and what we need to do in order to

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.021 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1353 bring our budget into balance to have a resentatives to date—H.R. 1, their What does that mean? It means each credible plan to deal with our future budget—I believe does not follow the one of the States that are in the water- growth in this Nation. example of the debt commission. I be- shed of the Chesapeake Bay—the I start off by saying the budget def- lieve it is extremely harmful to the States of Maryland; Virginia, the Pre- icit is an extremely serious issue for process of trying to work out a plan siding Officer’s State; Delaware; New this Nation. We do not have a sustain- where we have a credible effort to bal- York; Pennsylvania; West Virginia; able budget. You cannot sustain a ance the budget with shared sacrifice and the District of Columbia—they all budget that creates debt at 10 percent because the House-passed budget, the rely on improving their wastewater of our gross domestic product and a Republican budget in the House, gets treatment facility plants in order to gross debt that equals 100 percent of all its savings from 12 percent of the reduce the pollutants going into the our GDP. We need to bring down our Federal budget, from discretionary do- bay under the State revolving fund. deficit in order to have the type of eco- mestic spending, and it jeopardizes our Well, if that rider became law, the nomic growth that our children and recovery. Mark Zandi, the economist States could not participate in that grandchildren will be able to enjoy a from Moody’s, said we would lose program. They would not be able to im- better economic circumstance than 700,000 jobs if the House-passed Repub- plement one of the major features of this generation. lican budget were enacted into law. their plan in order to reduce the pollut- First, before we talk about where we Let me give you some examples as to ants going into the bay to make it a need to go, we have to understand how how it would affect the people of Mary- cleaner body of water. we got here. I am not going to harp on land if the House budget became law. I could talk about the watershed this, but I wish to make sure the peo- First, let me talk a little bit about grants that go to schools and civic as- ple of Maryland and the Nation know some of the budget cuts themselves. sociations—eliminated under the Re- how we got to these large deficits so we About 10 days ago, I was at the publican budget—or I could talk about do not repeat the mistakes of the past. Greater Baden Health Center in Prince how the State gets money to operate George’s County, MD. They are expand- During President Clinton’s adminis- its water funds—eliminated under the ing that health center to include pre- tration, we balanced the budget. I House-passed budget. might say, we did that—the Democrats natal care. The reason, quite frankly, The Environmental Protection Agen- did it—without a single vote from the is that the infant mortality rate in cy sees their budget reduced by over 30 Republicans. We were on course to re- Maryland is way too high. We rank percent. Plus, there are additional entire all of our debt, and that was just 10 29th in the Nation. That is unaccept- vironmental riders that make it very able. In the African-American commu- years ago. difficult for the Environmental Protec- nity, the infant mortality rate is 260 Then, under President Bush, we cut tion Agency to protect the environ- percent of that of the White commu- taxes twice without paying for it. We ment. went to war in Iraq and Afghanistan nity. The problem is, we have too many In Maryland, we would lose $150 mil- and did not pay for it. To date, the war low birthweight babies. Some die and lion toward the Federal Government’s in Iraq has cost $770 billion. That is become part of the infant mortality commitment to the Washington Metro statistics. Others survive and have money we had to borrow in order to system. This affects the entire area, in- complications throughout their lives. fight that war in Iraq. cluding Virginia and the District. This It is in our interest, from every per- We had chosen, under the previous spective, to bring down that infant is the Nation’s Metro system that al- administration, that it was more im- mortality rate and to provide prenatal lows the Federal workforce to get to portant to cut taxes than it was to bal- care for women so we have healthier work. We entered into a 10-year com- ance the budget, and that was a mis- babies. I hope we would all agree to mitment with the local jurisdictions, take. President Obama inherited a that. We are doing something about including Maryland, Virginia, and the huge deficit and an economy that was that in Maryland, using moneys that District, that the Federal Government hemorrhaging 700,000 jobs a month. were a part of the Affordable Care Act. would be a partner—$150 million a Well, it is time now to move forward. The Republican budget would elimi- year—toward those costs. The House We have turned our economy around. It nate that funding. That community budget eliminates those transit funds. is growing, but we need to do it in a would not be able to expand with pre- The Republican House budget would way that does not jeopardize our eco- natal care to do something about the cut Head Start by $1.1 billion. Mr. nomic recovery. But it is absolutely es- health of our citizens. President, 157,000 children would be af- sential we start to move our budget Mr. President, 2,900 community fected, 2,300 in the State of Maryland— back into balance and we take aggres- health workers would lose their jobs in 2,300. These are children who are get- sive steps to do it. Maryland—2,900 community health ting a better start in life because of Today, in the Budget Committee, we workers would lose their jobs in Mary- this program, and the budget passed in heard from Erskine Bowles and Sen- land—if the House-passed budget, H.R. the House, H.R. 1, would eliminate ator SIMPSON from the debt commis- 1, became law. those services for so many of our chil- sion, and I think we were all impressed. I have taken the floor on several oc- dren. If we are going to get a credible plan— casions, and a little earlier today, to Pell grants, to allow families to be which is critically important for our talk about the Chesapeake Bay and the able to afford a college education, are Nation—to balance the budget, we need Federal partnership. We have had a reduced by $5.7 billion. It affects 9.4 to follow the example of the debt com- Federal partnership in cleaning up the million students. What does it mean mission. It does not mean we have to bay. It is the largest estuary in North for the people of Maryland? It means agree to everything the debt commis- America. It is a body of global signifi- those who have Pell grants today could sion did. But the debt commission rec- cance, and it is in danger because too see their grants go down by as much as ognized we could not balance the Fed- many pollutants are entering the bay $650. I can tell you, there are many eral budget by cutting discretionary as a result of population growth, devel- families in Maryland who cannot afford domestic spending alone; that we need opment, and farming practices. that extra $650. Without a college edu- a game plan which brings all the major Well, we have a game plan to do cation today, it is difficult to be able components of the budget together: something about it. But the budget to be as competitive as you need to be discretionary domestic spending, mili- that passed the House would cut the in order to take advantage of our eco- tary spending; we need to deal with en- Chesapeake Bay program dramati- nomic opportunities. titlements, and we need to deal with cally—$25 million—making it ex- The WIC Program that helps women revenues. We are only going to get this tremely difficult for us to move for- and infants and children is cut by 10 done if Democrats and Republicans ward on our remedial efforts. Making it percent under the House-passed budget. work together for a credible plan. That even worse, there is an environmental NIH funding is down $1 billion. is what we need to do in order to bring rider that was put on H.R. 1 that says Research—and not just at NIH, lo- back our economy. none of the funds made available under cated in Maryland, but also at Johns The only specific proposal we have this act may be used to implement the Hopkins University and the University had come over from the House of Rep- bay restoration plan now underway. of Maryland Medical Center—would be

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.033 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1354 CONGRESSIONAL RECORD — SENATE March 8, 2011 disrupted if the Republican-passed get those savings, we will bring down design a consumption tax, so they budget, H.R. 1, were to become law. the Medicare costs and we will bring won’t have to pay a consumption tax Our challenge, as President Obama down the Medicaid costs, which will and there is no new tax burden. There said in the State of the Union Address, save taxpayers even more under our en- are proposals out there that can take is that we have to outeducate, titlement spending. We can get those more people off the tax rolls. outinnovate, and outbuild our competi- savings. By the way, this is a zero-sum game tors so that America will be able to By the way, we are going to save on revenue. Let’s decide how much we compete in the 21st century globally. middle-income families in this country need and then raise it in a cost-effi- That is our challenge. H.R. 1, the Re- by also reducing their costs for health cient way that will allow America to publican budget, doesn’t allow us to do care. That is what we need to do to grow. that. There is a better way of doing it, make our economy stronger. That is the type of reform I hope we and, as the President said, we need to We can do something about entitle- will be able to get. If we do, it will do it in a fiscally responsible way. How ment spending, and there are other mean not only bringing our budget into do we do that? areas we need to look at. The farm sub- balance by a credible plan that deals We need a credible plan to balance sidy programs need to be reviewed, and with discretionary domestic spending the Federal budget—a credible plan the debt commission made rec- and military and entitlement and reve- that will bring in more deficit reduc- ommendations in that regard that I nues but does it in a way that allows tion than H.R. 1, the Republican budg- think are worthy of our review. America to grow by investing in our fu- et, because you need to allow America Then there is revenue. Yes, I think ture—in education, in energy, in our to grow, yet move toward a balanced we need to take a look at revenues. Our transportation infrastructure and tran- budget. The only way is to include all current income tax structure cannot be sit and all those areas that we need—so sectors, not just discretionary domes- justified, as has been pointed out fre- that we can meet the challenges of the tic spending. You need to include mili- quently. We hemorrhage as much rev- future but do it in a way that is fis- tary spending, you need to deal with enue in our Tax Code as we raise. If cally responsible. entitlements, and you need to deal you eliminated all the special provi- How do we get this done? We get it with revenues. President Obama’s sions, you could cut the tax rates in done by coming together and listening budget starts us down that path by half. Since we had tax reform in 1986, to each other. I don’t think anybody freezing discretionary domestic spend- we have added so many new loopholes here has a monopoly on what is right. ing over 5 years. We have already gone and provisions and special interest pro- For the sake of our Nation, let’s listen further than that in the continuing visions in the Tax Code. In 1986, we at- to each other and try to get this done resolution we have passed. We are tempted to lower the rates and make in a way where we have a credible plan. going to go back to 2010 numbers or sure everybody paid their fair share. It has to be a credible plan. These are even below that. Well, it is now 2011, and we are out of not Democratic or Republican or Inde- We have already put on the table dra- balance, and we need to look at tax re- pendent problems; these are American matic reductions in the growth rate of form. issues. We have to put our Nation first. I hope we will step back a little and discretionary domestic spending, but I urge, in looking at tax reform, that listen to the debate and use the debt we need to include defense. Iraq and Af- we should look at consumption-based commission as a model of civility. ghanistan need to come to an end; taxes. I know the criticisms of that, Again, I am sure we will have different those savings will be dramatic. Amer- but I will start by saying that if we had views on it, but at the end of the day, ica cannot continue to have a growth consumption-based taxes to deal with I hope we can achieve at least the def- economy where we spend so much more some of our income tax revenues, we icit reduction of the commission. I than any other nation on our national would be more competitive inter- think we can. The people of Maryland nationally. If you are an export com- defense. We have to protect the people and the country want us to do this. pany and you are choosing whether to in this Nation, but we cannot take on Working together, I think we can ac- locate in America or in another coun- the burdens of the world. There have to complish those goals. be adequate burdens among our allies, try, you pay income taxes here that With that, I yield the floor and sug- which will bring savings to the U.S. cannot be taken off the price of your gest the absence of a quorum. taxpayer. product when you put it in the inter- The PRESIDING OFFICER. The In entitlement spending, we need to national marketplace. If you locate in clerk will call the roll. bring down costs. We took a major step another country that uses consumption The assistant editor of the Daily Di- forward in doing this in the Affordable taxes at a higher level than we do—we gest proceeded to call the roll. Care Act. One of the areas in which I don’t use it at all—but a higher level Mr. DEMINT. Mr. President, I ask agree with some of our Republican than our income taxes, that country unanimous consent that the order for friends who are criticizing the CBO is will allow those exporters to take the the quorum call be rescinded. that their numbers are off. We are tax off when they put their products The PRESIDING OFFICER (Mr. going to get more savings, not less, into the international marketplace. FRANKEN). Without objection, it is so than what the CBO estimated. That is acceptable under the World ordered. I am convinced that when you deal Trade Organization, putting American Mr. DEMINT. Mr. President, I have with people in preventive health care producers at a disadvantage. been sitting in my office listening to and use better information technology, We need to save more as a nation. We news reports about the Congress and when you manage people’s diseases, have heard over and over the point the President arguing about the budget when you deal with readmissions so made that America, during the height and the debate about what we are people understand what they need to of our economic progress, had one of going to cut. It is interesting to think do to stay healthy, when you put all the lowest savings ratios in the world. back over the last couple of years, be- that together, when you expand our We need to save more as a nation. Our cause it is hard to put these things to- community health centers, as I said Tax Code should encourage savings gether. After 2 years of the largest ex- earlier about what happened at the much more than it does today. pansion of government, the biggest in- Greater Baden center on prenatal care, I want to make it clear that I am to- crease in debt in our history, now sud- when you do all that, it will bring tally committed that in tax reform we denly we are debating what needs to be down the rate of health care costs. should make our Tax Code more pro- cut. America spends more than any other gressive. I don’t believe it is progres- I think over the last couple of years nation, any way you want to calculate sive enough. Progressive means that it as the President proposed a massive it, on health care. We don’t have the is based, at least in part, on the ability spending plan—which we called a stim- health care results to demonstrate that to pay. Wealthier people will pay a ulus—and Republicans were saying no, type of commitment. We can bring higher percentage of the tax than lower that is not the way to improve the down the cost of health care, and when income people. Today, under our in- economy. But the President insisted it we do that, by implementing the Af- come tax system, many people do not would keep unemployment below 8 per- fordable Care Act and making sure we have to pay income tax now. We can cent and get our economy going again.

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.034 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1355 Republicans said no. We were accused line. And in the budget debate, the else, but we are looking at bankrupting of being the party of no. As it turns President, who had pledged to do some- our Nation, destroying the future that out, we were right. thing about our spending and our defi- was given to us by our predecessors, Then it wasn’t too long until the cits and go through the budget line by and we cannot even get close to a real- President insisted we needed essen- line, didn’t even produce a budget. And istic debate on how we can stop this tially a national takeover of our health regarding the budget he proposed this rampage toward bankruptcy in Amer- care system, and this, he promised, year—and promised that it would keep ica. There is not enough there. Even would lower the cost of health insur- us living within our means—even the what the House Republicans have done ance. Republicans said no, what we most liberal commentator said this ex- is not enough. I realize that politics is need is more freedom for patients and pands our debt nationally probably sometimes the art of the possible, but physicians to work together, and more more than $10 trillion over the next 10 I am hoping it can become the pro- transparency, more competitiveness in years. We are over $14 trillion in debt, motion of the principles that make this the market. The President said no, we hit our debt ceiling within the next country great and can secure our fu- that his way of nationalizing health month or 2, and we are debating how ture. care was better. Republicans were much to cut. We all have to decide today how we again called the party of no for saying I want to talk a little bit about this are going to vote. Obviously, this $6 that was not the way to go. But as it debate because it shows that even with billion is not a serious proposal by our turns out, we were right. Insurance the astounding election we had in No- Democratic colleagues. But I think premiums are headed straight up. Even vember, very quickly Congress is back those of us who realize we are up the New York Times today talked to business as usual. The deficit we are against a mountain of debt—how do we about skyrocketing insurance pre- looking at this year in America—this deal with even the highest proposal miums and less health care. is just 1 year—is over $1.5 trillion. That now that is coming through Congress? Well, it wasn’t long after that until is going to be on top of the $14 trillion My point is this: There are some hard the President and our Democratic ma- that we are already experiencing. The decisions that have to be made in jority wanted more national control of projections are that we will increase Washington, some very hard decisions. our whole banking system, with the fi- our debt over the next 10 years another There is a new reality that we have to nancial reform that was supposed to $1 trillion every year. Last month, in face as a Congress. We have to tell the loosen credit and help our economy get February—which was a short month— truth. Americans just want the truth. going again. But I have talked to too over $220 billion of debt was incurred in They want fact-based budgeting. They many bankers back home to believe that 1 month. That is a larger deficit want us to do what we need to do to that worked. Of course, Republicans than we have experienced in most save our country. Obviously, no one said no, that wasn’t the direction we years our country has been around. It wants anything that is coming to them needed to go. We were called the party is crazy, $220 billion in 1 month. to be cut, but I have talked to too of no. But as it turns out, we were We are facing $1.5 trillion this year. many Americans who have said: Keep right. It is amazing how this place can lower fighting. Do what has to be done to You might say we were the party of our expectations. Do you know what leave this country as good as we found no, but you spell it K-N-O-W. We knew the debate is about right now? The Re- it. I think that is a reasonable request this centralization of power, of govern- publican House has proposed $61 billion for us to consider. ment control, was not going to stimu- in cuts against the $1.5 trillion. The What we are doing is not even within late our economy, that it was not Democrats have told us this is com- the realm of reality of what has to be going to improve our health care sys- pletely unacceptable; these are Draco- done to leave America better than we tem, and it wasn’t going to improve nian cuts. The President proposed found it. This is not about partisan pol- our banking system. It was the time to around $6 billion. I think the Demo- itics anymore, this is about the sur- say no. cratic leader is coming out with one vival of America. This is about avoid- Last November, the American people that is about $4.5 billion, which some ing bankruptcy not just for our coun- decided it was time to say no. They say is too much of a cut. try, but this country has been the bas- began to put a stop to what has been As we are looking at doubling this tion of freedom and the model for de- going on around here, and we know $14 trillion deficit over the next 10 mocracy and freedom for centuries. what happened in the House and the years or close to doubling it, and the The other countries even today are elections over here. The American peo- hard decisions we have to make about looking to us and wanting to be free as ple were pretty clear. They instinc- how to deal with Social Security and violence erupts around the world. They tively knew we couldn’t continue to Medicare, the big decisions about how want to overthrow authoritarian re- spend more than we were bringing in. we economize even in areas like our de- gimes so their people can live in free- They knew when you are borrowing 40 fense, how we possibly deal with this dom. But at the time other countries cents on every dollar you spend that debt, we have a Congress now that in- strive to be like America, America sooner or later the country is going to stead of addressing the issue of $1.5 seems to be determined, at least at the be bankrupt. trillion is debating between $61 billion political level, to push our way toward But it is amazing that since that and $6 billion. These are fractional. being a Third World country that is so election, even with the changes here, You cannot even see the line here, of in debt and so dependent that we can our colleagues on the other side the what is being proposed by our Demo- no longer determine our destiny. other day killed a proposal to balance cratic colleagues. Today America is literally on its the budget—a resolution that called for I am afraid that President Obama knees to China and other countries for the balancing of the budget. I think and Democrats, like we see in Wis- the credit we need to run our economy. most Americans know if you are not consin, are not showing up for this de- We are also on our knees to the Middle willing to balance your checkbook or bate. Instead of proposing realistic East, which is very unstable right now, balance your budget, sooner or later ways to tighten our belts at the Fed- for the energy we need to run our coun- you are going to be bankrupt. I think eral level and look at how we can bal- try, to even take our food to market, that is what a lot of Americans are ance our checkbook, as so many Amer- the essentials at home. But instead of afraid of right now. icans have to do every month in their addressing the real issues, knowing I think we have a different situation homes, the President has decided to sit this budget is in front of us, over the going on with our colleagues on the on the sidelines and criticize things last couple of weeks, when we knew we other side. From Wisconsin to here in that have to be trimmed or cut or just had this 2-week funding bill to get Washington, as we look at the budget changed. us through, instead of debating what problems and the debate on how to cut It is amazing. The Democratic leader we are really up against we have been spending at the Federal level, we have has called Republicans ‘‘mean spirited’’ dealing with a patent bill. a party of no show. They are not show- because they are proposing to cut fund- I think it is good to improve our pating up for the debate in Wisconsin. The ing for a cowboy poetry festival. I love ent system, but the party that is lead- Democrats headed across the State poetry and cowboys as much as anyone ing the Senate has been a no-show on

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.038 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1356 CONGRESSIONAL RECORD — SENATE March 8, 2011 the issue that is really threatening our Mr. LAUTENBERG. Mr. President, I emissions. Mercury is brain poisoning country. And unless they show up, it is ask unanimous consent that the order for children. The Centers for Disease very difficult for Republicans—who are for the quorum call be rescinded. Control has said mercury is a potent not in the White House; they are not The PRESIDING OFFICER. Without neurotoxin that can—and I quote here controlling the Senate—to actually objection, it is so ordered. from their statement—‘‘permanently take the steps that are needed to move Mr. LAUTENBERG. Mr. President, I damage the brain, kidneys, and devel- our country back in the right direc- inquire of the Parliamentarian: My un- oping fetus.’’ Yet the House Repub- tion. derstanding is, we are in morning busi- licans want to return mercury to our My invitation today is to my Demo- ness with Senators permitted to speak Nation’s air. cratic colleagues, that after listening for 10 minutes each. The House Republicans also, in their to them call us the party of no, I will The PRESIDING OFFICER. The Sen- budget, prevent the EPA from say that we were right, and our hope is ator is correct. strengthening air quality standards for they will listen to what we are saying Mr. LAUTENBERG. Mr. President, soot pollution. Soot pollution reaches and show up for the debate on our there is a lot of talk these days about deep into the lungs and causes serious budget and do what we need to do to dangers posed to our national security health problems, especially in the very change the role of the Federal Govern- from far away places: revolution in old or the very young. As shown in this ment, to devolve functions back to the Libya, the war in Afghanistan. They picture I have in the Chamber, you see get our full attention. But what about States and back to individuals so this how ugly it looks. It is much uglier the dangers that lurk inside our Na- country can continue to survive and when it reaches inside a child’s body. tion? Studies have linked soot with aggra- thrive and succeed in the future. We have a domestic situation, a dan- This is within our grasp. It is some- vated asthma, heart attacks, and pre- ger that is directly visible, and we are thing we can do. This is not a dooms- mature death. Why would we want to about to stoke that fire. House Repub- day scenario because many of the solu- weaken our clean air laws and allow licans are going after something as tions are not in what the Federal Gov- polluters to pump more smog, more fundamental as the air our children soot, and more toxic substances into ernment can do but what the Federal breathe. Government can let go of. As we look the air our children breathe? The budget they recently passed calls It is pretty simple: The tea party Re- at the problems we have, it is not a for the gutting of the Clean Air Act, matter that freedom has failed. The publicans in the House apparently do which is a clear and present danger, as not care about protecting our chil- problem is we have failed to let free- they fail to solve a major fiscal re- dom work. We have tried to take con- dren’s health. They only care about quirement. That includes the expan- one thing: cutting the budget no mat- trol of education, of health care, of sion of revenues to balance the budget ter the real cost, the long-term pain transportation, of energy, of retire- rather than simply the slash-and-burn that can follow by cutting these budg- ment programs. The fact is, we have policy we are now undergoing. ets. not done it well and now we are spend- The Clean Air Act protects our chil- The question we have to ask here is: ing so much that our country is threat- dren from toxic chemicals in the air Do we want our children to be able to ened with bankruptcy. There are good and illnesses such as asthma and lung play outside in clean air that allows solutions if we are willing to look at cancer. Last year alone, that law pre- them to grow and be healthy? Or letting things go. vented 1.7 million cases of childhood should we keep them indoors all the As we consider this massive debt hill asthma and more than 160,000—160,000— time? we have to climb, we need to realize we premature deaths, according to EPA. If you want to see where the House can and we must balance the budget. Those numbers are big, but they loom Republicans will lead us, look at China. That is probably what I would consider a lot larger when it is your child. As we China has no clean air act. The air is so the No. 1 goal of the Republicans right often say here, what goes around can polluted that many people wear masks now is to produce a budget that shows come around. when they walk outside. During the within 5 years that we can balance the If you want to know the real value of Olympics in Beijing, some U.S. ath- budget and leave America better off the Clean Air Act to America’s fami- letes delayed their arrival to avoid the than before we started. I believe with lies, talk to the millions of parents polluted air. real freedom solutions we can do that. who live in fear of their children’s next On a trip I took to China some years We need to go back to where we asthma attack. It is a fear my own ago, I went to visit the Minister of the started. This political system, this family knows all too well. One of my Environment, and he complained. He Washington establishment has brought grandsons suffers from this disease. He said: Look at how the United States America to the brink of bankruptcy. is an athletic young man, and every fouls the air with their burning of fuel. The debt in 1 year—even 1 month—and time he goes to a competitive game, I asked him to join me at the window. we are talking about not even address- my daughter first checks to see where We were on the 23rd floor. You could ing for maybe a few days and we can- the closest emergency room is, if she not see the sidewalk—that is how not even agree on this $61 billion. hears him starting to wheeze. heavy the pollution was in the air. I hope the American people who were The House Republican budget says to We do not want to be like that. We so instrumental in changing things in these families: We are sorry, we are want to make sure we take care of our November will rise up and let Wash- here as accountants and we are not obligations. And the strongest obliga- ington know that it is time to get seri- here to worry about these humani- tion anybody has in America is to their ous about reforming the way we spend tarian things—as ridiculous as that children. Interestingly enough, what is money in Washington. We have had re- sounds. But that is the result of the happening now is: The phone calls that ports in the last week that show over work they have done over there with came to my office in New Jersey at $100 billion of outright waste that we their budget. first seemed to support these irrational could cut immediately if we would just They say you cannot restrict pol- budget cuts; and now they have turned address it. But when one party will not luters with regulations because it is around and they do not like what they show up for the debate it is very dif- too cumbersome. If you do not like reg- see. ficult to do. ulations, get rid of traffic signals. We would rather make sure our chil- Let’s make this more than partisan Those red lights slow traffic down. It is dren are taken care of, that we try to politics. Let’s cooperate. Let’s look at a terrible inconvenience. Think of the balance the budget in more efficient the real problem and let’s address it. I outcome if you had no red lights. Or ways. The one I talk about on a regular believe we can succeed. maybe they would get rid of the air basis is revenue. I ran a pretty good- I yield the floor and suggest the ab- traffic control system—pilots having to sized corporation before I came to the sence of a quorum. wait for some governmental bureaucrat Senate and I know something about fi- The PRESIDING OFFICER. The to tell them when and where they can nancial statements. I knew one thing: clerk will call the roll. fly, land, or take off. that we had to continually improve the The assistant bill clerk proceeded to The House Republican budget does revenue so we could, in that corpora- call the roll. not even allow us to control mercury tion, increase the profits and not cut

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.039 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1357 staff needlessly or endlessly while the EXTENSION OF MORNING balance. I hope everyone in this Cham- company got weak. We cannot do it in BUSINESS ber recognizes what we are accom- this country of ours. Mr. LAUTENBERG. Madam Presi- plishing. We have come together in a So we face a very difficult task be- dent, I ask unanimous consent to ex- bipartisan fashion to invigorate some cause people are feeling the squeeze on tend morning business until 5 p.m., of our country’s greatest strengths— our ideas and our inventive spirit. their incomes, concerned about job pro- with Senators permitted to speak Let me conclude my remarks by com- tection, concerned about being able to therein for up to 10 minutes each. mending Senate Judiciary Committee stay in their houses. We still face a lot The PRESIDING OFFICER. Without chairman PAT LEAHY for his leadership of foreclosure possibilities for home- objection, it is so ordered. Mr. LAUTENBERG. I suggest the ab- and tenacity in moving this bill owners. They cannot educate their through the Senate. He deserves a lot children, cannot take care of their sence of a quorum. The PRESIDING OFFICER. The of credit. His vision and tireless efforts health. We cannot say to them, as we clerk will call the roll. have made today’s vote a reality. To- used to say, that we know our children The bill clerk proceeded to call the gether, we have worked on patent re- will do better in the future in their roll. form legislation since 2006—and in re- lives than we did in ours. We cannot Mr. HATCH. Madam President, I ask ality, even earlier than that—passing say it and be honest about it. We do unanimous consent that the order for the torch of leadership along the way. not know that is true. If we continue the quorum call be rescinded. One time, I was chairman; he has been along the path we are on, we are going The PRESIDING OFFICER. Without chairman. It is satisfying to see the to be looking at fairly bleak things to objection, it is so ordered. time has finally come to pass this bill. tell our children about as they grow, if f I would also like to acknowledge the we do not work harder to balance the hard work of our distinguished ranking AMERICA INVENTS ACT budget, educate our kids, make sure member, CHUCK GRASSLEY. His unwav- their health is good, with America Mr. HATCH. Madam President, be- ering support and commonsense ap- being what it is always thought to be: fore the Senate moves to final passage proach have been invaluable in this a golden opportunity to bring your of the America Invents Act of 2011, I process. families up and make sure life is ac- wish to express my unequivocal sup- I wish to acknowledge the various ceptable or better than they otherwise port for this bill. This is not a perfect staff members of Senator LEAHY, my might have had. bill, but the fact is it is going to be a staff, and Senator GRASSLEY’s staff for very important occasion to pass this the work they have done on this bill— Madam President, how is the time because we haven’t passed a major very important. Likewise, contribu- here? piece of patent legislation for over 60 tions of the members of the Senate Ju- The PRESIDING OFFICER (Mrs. years or around that length of time. It diciary Committee and other Members SHAHEEN). The Senator used 91⁄2 min- has been a long time in the making, of this body have enriched our debate. utes. but it is well worth the effort to mod- Finally, as I have said, I wish to Mr. LAUTENBERG. Madam Presi- ernize our patent system. Despite thank our bill managers’ staff for their dent, I will take that half minute, and modifications along the way, the bill sustained efforts throughout the proc- I ask unanimous consent that if I go retains its strength and ability to ess. Aaron Cooper, Bruce Cohen, Rita over the half minute that I get 2 more bring about true reform. Lari Jochum, and Kolan Davis have minutes. In considering our country’s eco- been instrumental in getting us to this nomic condition, the bill’s passage point. I also thank my own counsel, The PRESIDING OFFICER. Without could not come at a more opportune Matt Sandgren, who has done a terrific objection, it is so ordered. time. The America Invents Act is inte- job on this bill for all these years we Mr. LAUTENBERG. Madam Presi- gral to creating jobs and spurring have been working on it, and Remy dent, I served in World War II a long growth across all sectors of our coun- Yucel, my USPTO detailee, for her and time ago, but I have been around a long try. After all, jobs and economic Matt’s commitment and perseverance time. When I went into the Army—I growth are crucial to maintaining our over these many years. They have been enlisted when I was 18—my father was Nation’s dominance in innovation and a formidable team. deathly ill with cancer. My mother was entrepreneurship. I also acknowledge the important 37 years old. The prospects for life for I would like to briefly mention a few work of Joe Matal, Sarah Beth our family were grim. I went to the key provisions of the act that improve Groshart, Tim Molino, and Curtis Army. My father, with a condition, ar- our outdated patent system. These in- LeGeyt. ranged with the recruiters that I would clude transitioning to a first-inventor- Madam President, passing the Amer- be allowed to stay home till my father to-file system, which all the rest of the ica Invents Act is the right thing to do, passed away. He was 43 years old. My world has; allowing third parties to and I urge my colleagues to join in this mother became a 37-year-old widow, submit relevant prior art during patent monumental undertaking. It is the and things were tough. Money was prosecution; creating a patent quality- right thing to do, it will help our coun- owed to doctors and pharmacists and enhancing supplemental examination try, it is going to reestablish our pat- hospitals. process; and instituting a post-grant ent laws in ways they should be, and it review and an inter partes reexamina- will stop the fee diversion that has Why do I talk about this now? It is tion expansion. All of that is extremely been going on, assuming we can get because I was given the benefit, as were important. help from the House as well, and I be- 8 million others who were in uniform, The bill provides fee-setting author- lieve we will. It will be a bill that I to get my college education. I went to ity and addresses a long-felt need by think we will have to go to conference Columbia University. It was so far dis- the patent community and now by the on and hopefully be able to perfect it tant from my vision when I graduated majority of this body to end the prac- even more. I am grateful for all who from high school and enlisted in the tice—the obnoxious practice—of divert- have been involved, and I hope and Army. It turned out to be the greatest ing fees from the U.S. Patent and pray we can get this through both generation America has ever seen. It Trademark Office. No wonder we have Houses of Congress and establish this was because the government inter- such a rough time getting things to monumental bill at a monumental vened at the right time and made sure work. time. It is very important in all our that education was abundantly avail- Finally, the legislation makes impor- lives. able for those who could learn. That is tant clarifications to tax strategy pat- Madam President, I suggest the ab- what we ought to recall about Amer- ents and creates a pilot program to re- sence of a quorum. ica, and not this kind of a gloomy pic- view already-issued business method The PRESIDING OFFICER. The ture that says, OK, we are growing, but patents. clerk will call the roll. so are the threats to health and well- This enumeration underscores a ho- The legislative clerk proceeded to being. listic approach that strikes the right call the roll.

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.040 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1358 CONGRESSIONAL RECORD — SENATE March 8, 2011 Mrs. SHAHEEN. Mr. President, I ask been able to hire new workers. We are Berlin. The cost—$276 million. As the unanimous consent the order for the missing out on these jobs because construction was wrapping up, the Bu- quorum call be rescinded. Washington’s budget process is broken. reau of Prisons requested activation The PRESIDING OFFICER (Mr. Congress needs to do better. In the funding for fiscal year 2011 to hire CASEY). Without objection, it is so or- last 30 years, Congress has only com- rank-and-file officers and begin getting dered. pleted the annual budget process on this prison ready to open. But because f time twice—just two times in the last we are operating on this short-term 30 years. That is a 7-percent success continuing resolution that fails to ac- EXTENSION OF MORNING rate. Solving our long-term deficit count for these types of situations, we BUSINESS problems and reinvigorating our econ- now have a state-of-the-art, $276 mil- Mrs. SHAHEEN. Mr. President, I ask omy is going to require tough choices, lion prison that is sitting vacant. We unanimous consent to extend morning but we are never going to be able to have a warden who is there who is business until 5:30 p.m., with Senators make these choices until we change the waiting to hire staff. The Bureau of permitted to speak therein for up to 10 way Washington does business. That is Prisons needs the 1,280 inmate beds minutes each. why I joined Senator ISAKSON in pro- this facility will provide. The commu- The PRESIDING OFFICER. Without posing the Biennial Budgeting and Ap- nity needs the $40 million annual eco- objection, it is so ordered. propriations Act, to bring sorely need- nomic impact from this prison and the Mrs. SHAHEEN. Mr. President, we ed oversight and long-term planning to 340 jobs this facility will provide. But have now almost a 9-percent unemploy- the Federal budget process. Our legisla- none of these important objectives are ment rate in this country. I think the tion would dedicate the first year of a being met because our budget process good news is that unemployment Congress to appropriating Federal dol- is not working. Instead, the Bureau of dropped to 8.9 percent, but it is still lars and devote the second year to Prisons is spending $4 million a year to way too high. We have a $1.6 trillion scrutinizing Federal programs to deter- maintain an empty building. deficit. Yet, despite these enormous mine if they are working and deserve As Members of Congress, we are en- challenges, Congress still has not continued funding. trusted with the responsibilities of passed a Federal budget for this year. Because of annual budgeting, Mem- spending taxpayer dollars wisely. Our Our deadline to pass a 2011 appropria- bers of Congress do not have the time current budget and spending process tions bill was September 30 of last we need to conduct careful, thorough makes it all too easy for waste and in- year, but Congress still has failed to reviews of Federal programs, and Fed- efficiency to remain hidden and, at the meet that deadline. Last week, we eral agency staff are required to dedi- same time, important priorities are ne- passed our fifth short-term continuing cate countless hours every year to pre- glected by the whims of a chaotic an- resolution to keep the Government paring the budget and to explaining nual budgeting process. Switching to open. what they do, rather than accom- biennial budgeting will not solve all At some point soon, I think maybe plishing critical missions. As a result, our problems, but it would certainly be this evening, we are going to be voting we continue to spend money on an important step toward greater over- on the House Republicans’ package of projects that are duplicative, some- sight, increased accountability, and a budget cuts that I believe threaten our times failing, and often no longer use- more responsible government. economic recovery. After moving on ful. I yield the floor. from that, we will still need to pass an- In fact, just last week, the Govern- The PRESIDING OFFICER. The Sen- other continuing resolution by the end ment Accountability Office released a ator from Iowa. of next week in order to avoid a Gov- landmark report on Government dupli- Mr. HARKIN. Mr. President, first, I ernment shutdown. cation and overlap. The report reveals thank my colleague from New Hamp- While we are debating these short- that in as many as 34 different areas shire for her great leadership on the term continuing resolutions, in China across the Federal Government, agen- subject about which she just spoke; and India and Germany, they are de- cies are offering overlapping services that is, the necessity of moving beyond bating long-term investments in edu- to similar populations. our old system of having appropria- cation, energy, technology, and re- As we think about how we need to ad- tions bills every year. I have advo- search. Those are the decisions with dress our debt and deficit, we should cated, for a long time, exactly what she the potential to shape the global econ- begin by eliminating these kinds of du- is taking the lead on; that is, every 2 omy for many decades to come. Mean- plicative programs. That is the type of years do the appropriations and then while, here at home, we are fighting reform we should be considering. We we can do oversight. As the Senator about whether we are going to keep the should be eliminating duplication and from New Hampshire correctly pointed Government open for 2 weeks. This making targeted cuts and investments out, we don’t do oversight because we kind of short-term budgeting is not in our future. We should be making in- are always wrapped up in some appro- just hurting our future, it is hurting vestments in projects such as the Me- priations measure or budget measure our economy today. morial Bridge, which connects New every single year. Just last week, I heard from a com- Hampshire and Maine and is a critical It is time we move and move as rap- pany in New Hampshire about the ef- economic engine for the seacoast re- idly as possible to biennial budgeting fects of Congress’s failure to pass a gion of New Hampshire and Maine and so we can fulfill one of our most impor- full-year budget. The company is called the shipyard that is so vital to making tant obligations, which is to find out Nitro Security and it is located in sure we can upgrade the ships in our what is working and what is not work- Portsmouth, NH. It is a company that Navy. ing so we can have oversight. I thank is at the forefront of the emerging Even though this bridge has been rec- my colleague from New Hampshire for cyber security industry. Even in a dif- ognized as a national priority and it her leadership in this area. ficult economy over the last couple enjoys support from the Maine and I yield the floor. years, they were named one of the 600 New Hampshire Senate delegations, the Mrs. SHAHEEN. I thank Senator fastest growing private companies in project to replace the bridge has been HARKIN for his efforts over the years to the Nation. Yet, despite most of their threatened by ill-considered, reckless try to move us to a biennial budget and business coming from the private sec- cuts in the House of Representatives’ a process that gets a budget done that tor, Nitro Security also has significant continuing resolution. These are the makes a lot more sense and allows us contracts protecting data systems at consequences of short-term budgetary to be a lot more thoughtful about how the Department of Defense, NASA, and thinking: They are penny wise and we are supporting programs in our Fed- even the Food and Drug Administra- pound foolish. eral Government. tion. They should be creating jobs and In another example we have in New Mr. HARKIN. Just make sure I am on helping to get our economy moving Hampshire, the Bureau of Prisons has your bill, OK? again, but because Congress cannot recently completed construction of a Mrs. SHAHEEN. We will. conduct its business on time, their Federal prison in the north country of Mr. HARKIN. Put my name in be- stalled contracts mean they have not New Hampshire in a community called cause you are right on—and Senator

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.042 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1359 ISAKSON. It is a bipartisan effort and it search to education to safety net pro- year, about a 25-percent reduction in should be a bipartisan effort. I talked grams for our most vulnerable citizens. Head Start. to a number of my colleagues on the Well, we have seen this movie be- If you vote for H.R. 1, you are voting other side of the aisle who believe the fore—you know, give tax breaks to cor- to slash childcare. The child care de- same way we do about this. Hopefully, porations and the wealthiest people in velopment block grant would be cut by we can have a good, bipartisan ap- our society. Then balance the budget H.R. 1. If you vote for H.R. 1, you are proach. on the backs of the middle class and voting to undermine Social Security. I wish to take a few moments to talk low-income in America. These are bad Well, people say: How is that? Social about the budget and what we are con- priorities, they are bad policies, and Security is not involved in H.R. 1. Well, fronting right now in the Congress. they are bad values. it is in this way: We know because of First of all, we all agree—I think we The right way is a balanced ap- the recession more and more people should all agree—the deficits we have proach. This must include spending have applied for SSI, supplemental se- now are unsustainable. They are a drag cuts. We have made cuts in my own ap- curity income. They have applied for on our economy, they jeopardize our propriations bill. But it also includes disability. They have gone on dis- future, and they have to be brought necessary revenue increases while ability or basically they have just re- under control. I am committed to find- making room for critical investments tired. ing a bipartisan approach to try to get in education, job training, infrastruc- Well, in order to take care of this us through this and to attain this im- ture, research, things that are essen- huge increase in the number of people portant goal of bringing the budget tial to economic expansion and job cre- applying, we have to have people who under control and balanced for the fu- ation in the future. will take the cases in, review them, ture. We know this balanced budget ap- make sure people are eligible, cut the I might just say for the last three proach can work. As I said, that is checks, and get the money out. That is decades, I have been proud that my what we did in the early 1990s under called the Social Security Administra- party, the Democratic Party, has been President Clinton. We did both. We cut tion. Well, H.R. 1 cuts the funding for the party of fiscal discipline and bal- spending and we raised revenues. As I doing this $125 million below last anced budgets. Well, that may come as said, every Republican voted against it. year’s funding level. That means every a shock to some people, but let’s re- But that single act of Congress, that American filing for benefits this year view the history. bill signed by the President, led to the will have to wait even longer. Right When Bill Clinton became President largest budget surplus and the longest now, it is almost 400-and-some days. in 1992, he inherited at that time the economic expansion in U.S. history and That is over a year. That is over a largest deficits in U.S. history. Well, he created 22 million new jobs. year. joined with Democrats in Congress to Now, H.R. 1, which has come over Think about if you are on disability, pass a balanced deficit reduction law from the House, their approach on how if you are disabled and you cannot that resulted in the largest surpluses to bring the budget under control, will work and you filed for a disability in history and put us on a path, by the kill jobs. Mark Zandi, top economic ad- claim. You are waiting a year and a year 2000, to completely eliminate the viser to Senator MCCAIN’s campaign in half in order to even get your first national debt within a decade. I was 2008, estimates H.R. 1 will kill some check. Well, H.R. 1 would cut it even here for that. Every single Republican 700,000 jobs. Federal Reserve Chairman more and would probably increase voted against it, every single one. Bernanke estimates it will kill 200,000 waiting times up to 2 years or maybe Likewise, President Obama inherited jobs. Nobody knows for sure. But what even more than 2 years. So it under- from President Bush a deficit in excess they all agree on is it will kill jobs. mines the safety net of Social Secu- of—are you ready for this one—$1 tril- With about 9 percent unemployment, a rity. lion and a deep recession that made it fragile economy—we are just now If you vote for H.R. 1, you are voting even worse. Once again, we Democrats starting to increase employment in to slash student aid. It cuts the max- are committed to bringing this under this country—why would we be asked imum Pell grant by $845. That is 15 per- control and to do it in a fair and bal- to vote for a bill that we know, that cent below where we are now. You anced way. everyone agrees, will kill hundreds of might say: Well, that is not that big a But as a former President once said: thousands of jobs? deal. Well, it is. I tell Senators, check Here we go again. In December, my Well, we do not reduce the deficit by two things. Check with your private friends on the other side of the aisle, increasing unemployment. That is not-for-profit schools in your States. the Republicans, insisted that we ex- what H.R. 1 will do. It will slow eco- They do a great job of educating low- tend tax cuts largely benefitting the nomic growth, drag us back into a re- income students because they are able wealthy, add $354 billion to the deficit cession, and make deficits even worse. to utilize Pell grants plus endowments. this year, and even more next year. H.R. 1 slashes the entire gamut of edu- They put them together. They do a Then they voted to repeal the health cation programs that are so essential great job in every one of our States reform law on the House side, which to provide a ladder of opportunity for educating poor kids. Start taking away would add $210 billion to the deficit our younger generation in this coun- that Pell grant, we lower that Pell over the next decade. Now these same try. It slashes the safety net for our grant, that means a lot of poor kids people are shedding crocodile tears and most vulnerable citizens—infants, chil- will not be able to go to school. That claiming to be worried about the def- dren, seniors, and people with disabil- means the private non-profits would icit. ities. So if you vote for H.R. 1, the have to raise the tuition on other kids. Let’s be clear. There is a right way to House bill, you are voting to slash title That means some of them would not be balance the budget and there is a I grants to school districts by nearly able to go, and we start an escalator ef- wrong way. We can balance the budget $700 million. It means that 2,400 schools fect in our colleges. in a way that is fair or we can do it in serving 1 million disadvantaged stu- I just had the President of the Uni- a way that is manifestly not fair, that dents could lose funding. versity of Iowa, President Mason, in to will deepen the gulf between the rich If you vote for H.R. 1, you are voting see me today talking about one of our and the poor and further erode the mid- to slash community health centers by great universities in Iowa, the Univer- dle class in our country. about $1 billion. That means you elimi- sity of Iowa. She told me, President H.R. 1, which I assume we will be vot- nate funding for 127 clinics in 38 States. Mason said that cutting Pell grants ing on shortly, embodies the Repub- If you vote for H.R. 1, you are voting to would affect probably close to 5,000 stu- lican approach to reducing deficits, slash Head Start Programs. Why would dents at the University of Iowa. Some- driven by ideology that absolutely you want to take it out on kids? Why times this is the difference between rules out any tax increase. It kind of would you want to say: Oh, we have to whether they are in school or they are holds the Bush tax cuts to the wealthy balance the budget so we are going not in school or it could be the dif- to be almost sacred. Instead, they take after Head Start kids? But that is what ference between a Pell grant or they a meat ax to the essential parts of the it does. It eliminates services for about have to go out and borrow more money budget, everything from cancer re- 218,000 children and their families next and take on more debt.

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.042 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1360 CONGRESSIONAL RECORD — SENATE March 8, 2011 So if you vote for H.R. 1, you are cut- bill that we passed last year. Well, The assistant bill clerk proceeded to ting student aid. If you vote for H.R. 1, what does that mean? Well, that means call the roll. you are going to slash job training pro- right now, in law, because of the Af- Mr. LEAHY. I ask unanimous con- grams. The House bill that came over, fordable Care Act we passed last year, sent that the order for the quorum call H.R. 1, completely eliminates Federal kids can stay on their parents’ policy be rescinded. funding for adult training, dislocated until they are age 26. That would be The PRESIDING OFFICER. Without worker assistance and youth training gone. The question would be, the ones objection, it is so ordered. programs, completely eliminates it. who got on before this, will they be f These programs provide job training able to stay on? But I can tell you, no CONCLUSION OF MORNING and reemployment services to about 8 new kids would ever be allowed to stay BUSINESS million Americans every year, 8 mil- on their parents’ policy until they are The PRESIDING OFFICER. Morning lion. They just do away with it. age 26. If you vote for H.R. 1, you are voting We put in—and as you know, it is in business is closed. to slash the community services block law right now—that an insurance com- f grant. Well, they cut about $305 million pany cannot impose a lifetime limit on PATENT REFORM ACT OF 2011— from that. That provides services to individuals. That was in the bill last Continued some of our lowest income people and year. That would be gone. They can Mr. LEAHY. Mr. President, since the elderly. If you vote for H.R. 1, you are start reinstituting lifetime limits and Senate began this debate on the Amer- voting to cut investments in infra- annual limits. ican Invents Act more than a week structure, highway funding, sewer and Also we had a provision in the bill ago, I have talked about American in- drinking water funds, and rural eco- that provided for a medical loss provi- genuity and innovation. As this debate nomic development funding because sion. Let me try to explain that. comes to a close, I want to emphasize H.R. 1 slashes community development In our bill we said insurers and that this is legislation that should pro- block grants by 62 percent. health insurance companies have to mote innovation, help create jobs, and Now, I say go out and talk to your pay at least 80 cents of every dollar of help energize the economy as we con- mayors, talk to your city council, talk premium they collect on health care tinue our recovery. This legislation can to your boards of supervisors in your rather than profits, bonuses, overhead, be a key part of a jobs agenda. We can counties. Ask them if they can take a fancy buildings, and corporate jets and help unleash innovation an promote 62-percent cut in their community de- all of that. They had to pay—80 cents American invention, all without adding velopment block grants and what it is of every premium dollar has to go for a penny to the deficit. This is common- going to mean to them. health care. It is done away with under sense, bipartisan legislation. Well, I cannot help but also speak to H.R. 1. We cannot enforce that at all. Innovation has been a cornerstone of my own constituents in Iowa about So, again, for those who have seen the American economy from the time what this means for my own State. If benefits to themselves from the health Thomas Jefferson examined the first H.R. 1, the House bill which passed the care bill we passed, whether it is keep- patent to today. The Founders recog- House, if it were to be passed and ening their kids on their policy or elderly nized the importance of promoting in- acted into law—well, I mentioned people now who get free mammograms novation. A number were themselves about the cuts that we are having in and free colonoscopies and a free inventors. The Constitution explicitly the Job Corps. It would basically kill health checkup every year with no grants Congress the power to ‘‘promote the Denison, IA, Job Corps Center, copays, no deductibles, that ends. That the progress of science and useful arts, which employs 163 people. It provides ends with H.R. 1. by securing for limited times to . . . in- training to 450 at-risk students each So the bill passed by the House is ventors the exclusive right to their re- year, and we have a new Job Corps Cen- just, as I said, bad policy, and it is bad spective . . . discoveries.’’ The discov- ter just being built, just being opened values. It is not the values of our coun- eries made by American inventors and in Ottumwa. That will probably just try, and I hope the Senate will re- research institutions, commercialized come to a screeching halt. It is sup- soundingly—resoundingly—defeat H.R. by American companies, and protected posed to be opening later this year. 1, consign it to the scrap heap of his- and promoted by American patent laws It would shut down at least the com- tory, the history of ill-advised ideas, of have made our system the envy of the munity health center in Centerville, ill-advised programs. There have been world. The President has spoken all IA. That is H.R. 1. H.R. 1 would be cut- a lot of them that have come along in year about the need to win the future ting down the community services the history of this country. by out innovating our competition. block grant and would shut down the Fortunately, I think the Congress in This bill can play a key role in that ef- Red Rock Community Action Agency most instances has turned them down, fort. serving Boone, Jasper, Warren, Marion, and we moved ahead. We can’t afford to Yesterday, I commended Austan and rural Polk County. go backward. H.R. 1 would do that. It Goolsbee, the chair of the President’s H.R. 1, as I mentioned, would com- would take this country back. We Council of Economic Advisers, for his pletely eliminate funding for job train- would lose jobs. It would cut kids out white board presentation this week on ing programs, which assisted more of getting an education, close down the importance of patent reform to than 35,000 Iowans in the last year. As Head Start centers. It would widen help America win the global competi- I mentioned, it would slash Pell grants that gulf between the rich and the tion and create jobs. The creation of for our kids who go to all of our col- poor. We can’t continue to go down more than 220,000 jobs in the private leges in Iowa, the private not-for-prof- that road. We don’t want to wind up sector last month, the creation of 1.5 its and our Regents institutions. Two another Third World country where we million jobs over the last 12 months, thousand low-income Iowa kids who have a few at the top and everybody at and the unemployment rate finally now attend Head Start would be cut the bottom and nobody in between. The being reduced to 8.9 percent are all off. middle class built this country, and we signs that the efforts we have made Lastly, it is not only just the cuts cannot continue to erode the middle over the last 2 years to stave off the and the slashes to these vital programs class. That is what H.R. 1 would do, worst recession since the Great Depres- which will increase unemployment and erode the middle class and widen the sion are paying off and the economic send us back into another recession, gulf between the rich and poor. recovery is taking hold. The almost there are riders in this bill, what we I hope the Senate will recognize H.R. full percent point drop in the unem- call legislative riders, that are per- 1 for what it is, a detriment, a body ployment rate over the last 3 months is nicious. They do terrible damage to our blow to our recovery efforts. I hope the the largest decline in unemployment country. Senate will resoundingly defeat it. since 1983. Despite interruptions of eco- For example—just one—there is a I yield the floor and suggest the ab- nomic activity in many parts of the rider in the bill that says no money sence of a quorum. country caused by winter weather over can be used or spent to continue the The PRESIDING OFFICER. The the last months and in recent days, de- implementation of the health reform clerk will call the roll. spite the extraordinary rise in oil

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Let me emphasize, not a dime business and labor, including the Na- keep us on the right path toward busi- in taxpayer money is spent on the Pat- tional Association of Manufacturers, ness development and job creation. ent and Trademark Office, PTO, re- the United Steelworkers, the AFL–CIO, As we began this debate, I referred forms. They are all funded by patent the Association of American Univer- back to the President’s State of the fees, not taxes. sities, the American Bar Association, Union address and his challenge to the Innovation drives the Nation’s econ- the Association of Public and Land- Nation to out-innovate, out-build and omy, and that entrepreneurial spirit Grant Universities, the Association of out-educate our global competitors. can only be protected by a patent sys- American Medical Colleges, the Asso- Enacting the America Invents Act is a tem that promotes invention and spurs ciation of University Technology Man- key to meeting this challenge. Reform- new ideas. We need to reform our pat- agers, the American Council on Edu- ing the Nation’s antiquated patent sys- ent system so that these innovations cation, the Council on Government Re- tem will promote American innova- can more quickly get to market. A lations, PhRMA, BIO, the Intellectual tion, create American jobs, and grow modernized patent system—one that Property Owners Association, the America’s economy. I thank the Presi- puts American entrepreneurs on the American Intellectual Property Law dent and his administration for their same playing field as those throughout Association, the Coalition for 21st Cen- help and support for the Leahy-Hatch- the world—is a key to that success. tury Patent Reform, the Association Grassley America Invents Act. Com- This is an idea that cuts across the po- for Competitive Technology, the Coali- merce Secretary Locke has been a litical spectrum. tion for Patent and Trademark Infor- strong partner in our efforts, and Di- During Senate debate over the last mation Dissemination, IBM, General rector Kappos of the Patent and Trade- week our bill has been improved by a Electric, Eli Lilly and Company, Bose Corporation, Johnson and Johnson, 3M, mark Office has been an indispensable number of Senators who have contrib- General Mills, Honeywell, Monsanto, source of wise counsel. uted amendments. Senators BENNET, Motorola, Cargill, Inc., Caterpillar, The America Invents Act will keep COONS, SCHUMER, MENENDEZ, PRYOR, Enventys, Abbott, Astra Zeneca, America in its longstanding position at STABENOW, BAUCUS, BINGAMAN, COBURN AdvaMed, Air Liquide, Bayer, Beckman the pinnacle of innovation. This bill and KIRK have all contributed, and I Coulter, Boston Scientific, BP, will establish a more efficient and thank them for working with us. Sen- Bridgestone American Holdings, Inc., streamlined patent system that will ator CARDIN attempted to offer ger- Bristol-Myers Squibb, the California improve patent quality and limit un- mane amendments, and I regret that Healthcare Institute, the Colorado Bio- necessary and counterproductive liti- these were blocked. Science Association, Cummins, The I thank our ranking Republican on gation costs, while making sure no par- Dow Chemical Company, DuPont, East- the committee and the comanager of ty’s access to court is denied. man Chemical Company, ExxonMobil, The America Invents Act is the prod- this measure, Senator GRASSLEY, and Genentech, Genzyme, GlaxoSmith- uct of eight Senate hearings over the his staff, Kolan Davis and Rita Lari, Kline, the Healthcare Institute of New last three Congresses. Our bill is the for their dedication to this effort. I Jersey, Henkel Corporation, Hoffman- product of years of work and com- commend Senator HATCH for sticking LaRoche, Illinois Tool Works, Inter- promise. The Senate Judiciary Com- with it for these many years, and Sen- national Game Technology, Kodak, mittee has reported patent reform leg- ator KYL for helping get this done. Medtronic, Merck & Co., Inc., islation to the Senate in each of the I also extend my personal thanks, as Millenium Pharmaceuticals, Milliken last three Congresses, this year, unani- well, to Senator KLOBUCHAR of Min- and Company, Northrop Grumman, mously. And the House has seen efforts nesota who was active during com- Novartis, PepsiCo., Inc., Pfizer, Procter over the same period led by Congress- mittee consideration and helped man- & Gamble, SanDisk Corporation, men LAMAR SMITH of Texas and HOW- age this legislation effort in the Sen- Sangamo BioSciences, Inc., United ARD BERMAN of California. The legisla- ate. She has been outstanding. Technologies, USG Corporation, the tion we are acting on today, in fact, is The Senate’s action today could not Virginia Biotechnology Association, structured on the original House bill have been accomplished without the Weyerhaeuser, the American Institute and contains many of the original pro- hard work of many dedicated staffers. I for CPAs, the American Institute of visions. would like to thank in particular the Certified Public Accountants, the Tax From the beginning, we recognized steadfast work of Aaron Cooper of my Justice Network USA, the New Rules the need for a more effective and effi- Judiciary Committee staff. Aaron has for Global Finance, the American Col- cient patent system, one that improves spent countless hours in meetings and lege of Tax Counsel, Consumer Action, patent quality and provides incentives briefings, with Members, other staff, The American College of Trust and Es- for entrepreneurs to create jobs. A bal- and interested parties, working to help tate Counsel, the Partnership for Phil- anced and efficient intellectual prop- me ensure that the America Invents anthropic Planning, Global Financial erty system that rewards invention Act preserved the meaningful reforms Integrity, the International Associa- and promotes innovation through high we have been working toward since tion for Registered Financial Consult- quality patents is crucial to our Na- 2005. I would also like to thank Ed ants, the National Association of En- tion’s economic prosperity and job Pagano, my chief of staff, and Bruce rolled Agents, USPIRG, the Certified growth. That is how we win the fu- Cohen, my chief counsel, who have Financial Planner Board of Standards, ture—by unleashing the American in- worked on this issue since the start, as the Financial Planning Association, ventive spirit. This bill, the America well as Susan Davies who served as my the American Association of Attorney- Invents Act, will allow our inventors chief Intellectual Property counsel Certified Public Accountants, the Citi- and innovators to flourish. through the formative stages of this zens for Tax Justice, the National It is important to our country’s con- legislative effort. Erica Chabot, Curtis Treasury Employees Union, the Inde- tinued economic recovery, and to our LeGeyt and Scott Wilson of my Judici- pendent Community Bankers of Amer- successfully competing in the global ary Committee staff also deserve ica, and numerous other organizations economy. America needs a 21st century thanks for their committed work on and companies representing all sectors patent system to lead. The last exten- this legislation. of the patent community that have sive reform of our patent system was I also commend the hardworking been urging action on patent reform nearly 60 years ago. It is time. Senate floor staff, Tim Mitchell and proposals for years. While the Congress debates spending Trish Engle, as well as Dave Schiappa, The America Invents Act will accom- and budget measures in an often too and the staffs of other Senators, in- plish 3 important goals, which have partisan manner, the American people cluding Tim Molino, Joe Matal, and been at the center of the patent reform are craving—and the American econ- Matt Sandgren, for their dedicated ef- debate from the beginning: It will im- omy is demanding—bipartisan legisla- forts. prove and harmonize operations at the

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.010 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1362 CONGRESSIONAL RECORD — SENATE March 8, 2011 PTO; it will improve the quality of pat- ventors, for our consumers. Working The PRESIDING OFFICER. Without ents that are issued; and it will provide together, we can smooth the path for objection, it is so ordered. more certainty in litigation. In par- more interesting—and great—Amer- Mr. REID. Mr. President, with this ticular, the legislation will move this ican inventions. That is what this bi- agreement, I ask unanimous consent Nation’s patent system to a first-in- partisan, comprehensive patent reform that the cloture vote with respect to ventor-to-file system, make important bill will do. No one claims that ours is the motion to proceed to H.R. 1 be viti- quality enhancement mechanisms, and a perfect bill. It is a compromise that ated. provide the PTO with the resources it will make key improvements in the The PRESIDING OFFICER. Without needs to work through its backlog by patent system. Having coordinated objection, it is so ordered. providing it with fee setting authority, with the leaders in the House through Mr. REID. Mr. President, even this process, I hope that the House will subject to oversight. The America In- though there have been a few turns in look favorably on our work and adopt vents Act provides the tools the PTO the road, we are at the place where we this measure so that it can be sent to needs to separate the inventive wheat need to be. We need to be able to show the President without delay and its im- from the chaff, which will help business the American people where we are on provements can take effect in order to bring new products to market and cre- these two measures. I express my ap- encourage American innovation and ate jobs. preciation to my friend, the Republican promote American invention. Innovation has always been at the leader. As I said, things don’t always heart of America and American suc- I suggest the absence of a quorum. The PRESIDING OFFICER. The work smoothly around here, but they cess. From the founding of our Nation, usually work. Now we are at a point we recognized the importance of pro- clerk will call the roll. The assistant bill clerk proceeded to where we can vote on these two meas- moting and protecting innovation, and ures which is what we need to do. so the Constitution explicitly grants call the roll. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Under Congress the power to ‘‘promote the that the order for the quorum call be the previous order, amendment No. 152 progress and science and useful arts, by rescinded. is withdrawn. securing for limited times to . . . in- The PRESIDING OFFICER. Without Under the previous order, amend- ventors the exclusive right to their re- objection, it is so ordered. spective . . . discoveries.’’ The patent ment No. 143 is modified with the Mr. REID. Mr. President, I ask unan- changes at the desk. system plays a key role in encouraging imous consent the Reid amendment innovation and bringing new products The amendment, as modified, is as No. 152 be withdrawn; that the Reid follows: to market. The discoveries made by amendment No. 143 be modified with American inventors and research insti- the changes at the desk; the Senate (Purpose: To include public institutions of tutions, commercialized by our compa- proceed to vote on the amendment, as higher education in the definition of a micro entity) nies, and protected and promoted by modified, with no amendments in order our patent laws have made our system prior to the vote; that there then be 30 On page 93, before line 18, insert the fol- the envy of the world. minutes of debate equally divided be- lowing: High quality patents are the key to tween the two managers or their des- ‘‘(d) STATE INSTITUTIONS OF HIGHER EDU- CATION.— our economic growth. They benefit ignees; that S. 23 be read a third time; both patent owners and users who can ‘‘(1) IN GENERAL.—For purposes of this sec- that a budgetary pay-go statement be tion, a micro entity shall include an appli- be more confident in the validity of read; the Senate then proceed to a vote cant who certifies that— issued patents. Patents of low quality on passage of the bill, as amended; and ‘‘(A) the applicant’s employer, from which and dubious validity, by contrast, en- the motions to reconsider be consid- the applicant obtains the majority of the ap- able patent trolls who extort unreason- ered made and laid upon the table with plicant’s income, is a State public institu- able licensing fees from legitimate no intervening action or debate. tion of higher education, as defined in sec- businesses, and constitute a drag on in- Further, I ask unanimous consent tion 102 of the Higher Education Act of 1965 novation. Too many dubious patents that at 12 noon Wednesday, March 9, (20 U.S.C. 1002); or also unjustly cast doubt on truly high ‘‘(B) the applicant has assigned, granted, the Senate proceed to the consider- conveyed, or is under an obligation by con- quality patents. ation of Calendar No. 14, H.R. 1, the De- tract or law to assign, grant, or convey, a li- After 6 years of debate and discus- fense appropriations long-term con- cense or other ownership interest in the par- sion, more than a dozen hearings and tinuing resolution for fiscal year 2011; ticular application to such State public in- mark up sessions, and countless hours that there be 3 hours of debate on H.R. stitution. of member and staff meetings with two 1 and the Democratic alternative, the ‘‘(2) DIRECTOR’S AUTHORITY.—The Director presidential administrations and inter- Inouye substitute amendment No. 149, may, in the Director’s discretion, impose in- ested parties across the spectrum, the with the time equally divided between come limits, annual filing limits, or other Senate is finally acting to make the the two leaders or their designees prior limits on who may qualify as a micro entity first meaningful, comprehensive re- pursuant to this subsection if the Director to a vote on passage of H.R. 1; that the determines that such additional limits are forms to the nation’s patent system in vote on passage be subject to a 60-vote reasonably necessary to avoid an undue im- nearly 60 years. The Senate debate has threshold; that if the bill achieves 60 pact on other patent applicants or owners or now extended for more than a week. affirmative votes, the bill be read a are otherwise reasonably necessary and ap- Passage of the America Invents Act third time and passed; that if the bill propriate. At least 3 months before any lim- demonstrates what we can accomplish does not achieve 60 affirmative votes, its proposed to be imposed pursuant to this when we cast aside partisan rhetoric, the majority leader be recognized to paragraph shall take effect, the Director and focus on working together for the offer the Inouye substitute amendment shall inform the Committee on the Judiciary American people and for our future. No. 149; the Senate then proceed to a of the House of Representatives and the It has been almost 6 years since Committee on the Judiciary of the Senate of vote on the substitute amendment; any such proposed limits.’’. Chairman SMITH and Congressman that the substitute amendment be sub- BERMAN introduced the first version of ject to a 60-vote threshold; if the sub- The PRESIDING OFFICER. The patent reform legislation in 2005, but stitute amendment achieves 60 affirma- question is on agreeing to amendment the structure and guiding principles of tive votes, the substitute amendment No. 143, as modified. the legislation remain the same. The be agreed to; the bill, as amended, be The amendment (No. 143), as modi- bill will speed the process by which the read a third time and passed; if the fied, was agreed to. Patent Office considers applications substitute amendment does not achieve Mr. COBURN. I wish to express my and should improve the quality of pat- 60 affirmative votes, H.R. 1 be returned opposition to Reid amendment No. 143, ents it issues. to the calendar; that no motions or as modified. I do not believe public in- Innovation and economic develop- amendments be in order to the sub- stitutions of higher education, or any ment are not uniquely Democratic or stitute amendment or to the bill prior entity, should be carved out of the defi- Republican objectives, so we worked to the votes; further, that all of the nition of micro entity in the under- together to find the proper balance for above occur with no intervening action lying legislation. Had a rollcall vote America—for our economy, for our in- or debate. occurred, I would have voted no.

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.011 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1363 Mr. LEAHY. Mr. President, I suggest Mr. LEAHY. That is correct. The pro- ods of conducting business, unlike in- the absence of a quorum, with unani- ceeding has a higher threshold than formation about other patents, is often mous consent that the time be equally current reexamination before the PTO not documented in patents or published divided. will even undertake a review of the in journals. This means a patent exam- The PRESIDING OFFICER. Without patent. So as a practical matter, a pat- iner has significantly less opportunity objection, it is so ordered. ent without any serious challenge to than he might with a traditional pat- The clerk will call the roll. its validity would never be subject to a ent to weed out undeserving applica- The assistant bill clerk proceeded to proceeding. tions. Unfortunately, that means the call the roll. Mr. PRYOR. Would the Senator agree burden falls on private individuals and Mr. LEAHY. Mr. President, I ask that in a case in which the validity of an expensive court process to clean up unanimous consent that the order for the patent has been upheld by a dis- the mess. the quorum call be rescinded. trict court but the case remains on ap- The ability to easily obtain business The PRESIDING OFFICER. Without peal, that this amendment would likely method patents without a rigorous and objection, it is so ordered. not affect the pending appeal? thorough review in the Patent Office CHECK 21 ACT PATENTS Mr. LEAHY. I would. The patent may has created a flood of poor quality Mr. PRYOR. I would like to clarify still be subject to the proceeding, but business method patents and a cottage some concerns I have about the Schu- since the court did not hold the patent industry of business method patent mer-Kyl program that was included in invalid or unforceable, it would not litigation. The Federal courts have rec- the managers’ amendment to the likely have an effect on the pending ap- ognized this problem, and indeed even America Invents Act, adopted on peal. the Supreme Court has begun to ad- March 1. I am specifically concerned Mr. SCHUMER. Mr. President, I want dress it. In KSR Intl Co. v. Teleflex, that this provision revives an amend- to take the opportunity to explain fur- Inc. and Bilski v. Kappos, the Court ar- ment that had been included in pre- ther a few elements of the Schumer- ticulated a new standard for obvious- vious versions of the bill—that amend- Kyl provision in the patent bill. The ness and made clear that abstract busi- ment specifically targeted patents re- Transitional Program for business ness methods are not patentable. While lated to the Check 21 Act and elimi- method patents addresses a critical these legal developments are impor- nated the ability of the holder of such problem in the patent world, and it is tant, the leave in limbo the many pat- patents to collect damages. Is that the crucial that it be administered and im- ents that were issued by the PTO since purpose of the Schumer-Kyl language? plemented appropriately by both the State Street that are not in fact valid. Mr LEAHY. No, the amendment is Patent and Trademark Office and the Litigation over invalid patents entirely different from the 2008 amend- courts. places a substantial burden on U.S. ment related to patents that place on Business method patents are the courts and the U.S. economy. Business- tax on implementation of the Check 21 bane of the patent world. The business method inventions generally are not Act. The Schumer-Kyl program ad- method problem began in 1998 with the and have not been patentable in coun- dresses certain business method pat- U.S. Court of Appeals for the Federal tries other than the United States. In ents and does not target any specific Circuit decision in State Street Bank & order to reduce the burden placed on patents. The Schumer-Kyl program is Trust Co. v. Signature Financial courts and the economy by this back- intended to provide a cost-effective al- Group, Inc. State Street created a sea- and-forth shift in judicial precedent, ternative to litigation to examine busi- change in the patentability of business- the Schumer-Kyl transitional pro- ness-method patents. methods, holding that any invention ceeding authorizes a temporary admin- Mr. PRYOR. Am I correct then that can be patented so long as it produces istrative alternative for reviewing the Schumer-Kyl program is simply a ‘‘useful, concrete, and tangible re- business method patents. trying to address the problem of busi- sult’’ and meets other requirements of It is important to clarify two ele- ness method patents of dubious valid- the patent laws. ments of the Schumer-Kyl program’s ity that are commonly associated with State Street launched an avalanche operation in particular. First, there is the Federal Circuit’s 1998 decision in of patent applications seeking protec- the issue of how a district court should State Street Bank v. Signature? tion for common business practices. treat a motion for a stay of litigation Mr. LEAHY. That is correct. It is The quality of these business method in the event the PTO initiates a pilot still unclear whether the subject mat- patents has been much lower than that program. Second, there is the issue of ter of these patents qualifies as patent- of other patents, as Justice Kennedy how the Federal circuit will treat in- able subject matter under current law. noted in his concurring opinion in eBay terlocutory appeals from stay deci- Patents of low quality and dubious va- Inc. v. MercExchange. Justice Kennedy sions. Finally, there is the issue of lidity, as you know, are a drag on inno- wrote about the ‘‘potential vagueness which patents should be considered to vation because they grant a monopoly and suspect validity’’ of some of ‘‘the be covered business method patents. right for an invention that should not burgeoning number of patents over The transition program created by be entitled to one under the patent business methods.’’ Commentators like the Schumer-Kyl amendment is de- law. Rochelle Dreyfuss have also lamented signed to provide a cheaper, faster al- Mr. PRYOR. Can the Senator de- ‘‘the frequency with which the Patent ternative to district court litigation scribe how the program would work in Office issues patents on shockingly over the validity of business-method practice? mundane business inventions.’’ Malla patents. This program should be used Mr. LEAHY. Certainly. If a peti- Pollack pointed out that ‘‘[M]any of instead of, rather than in addition to, tioner provides evidence to the PTO the recently-issued business method civil litigation. To that end, the and the PTO determines that the pat- patents are facially (even farcically) amendment expressly authorizes a stay ent is on a ‘‘covered business method obvious to persons outside the of litigation in relation to such pro- patent’’ then the PTO would institute a USPTO.’’ ceedings and places a very heavy post-grant review of that patent. In One of the main reasons for the poor thumb on the scale in favor of a stay this review, the PTO could consider quality of business method patents is being granted. It is congressional in- any challenge that could be heard in the lack of readily accessible prior art tent that a stay should only be denied court. references. Because business methods in extremely rare instances. Mr. PRYOR. Is it correct then that were not patentable prior to 1998 when When Congress initially created ex the Schumer proceeding would only the State Street decision was issued, parte reexamination, it did not ex- have an effect if the PTO determines it the library of prior art on business pressly provide for a stay of litigation is more likely than not that a claim of method patents is necessarily limited— pending the outcome of an ex parte re- the patent is invalid and, even then, as opposed, say, to more traditional examination proceeding. Rather, Con- the proceeding would have no effect on types of patents for which there can be gress relied on the courts’ inherent a patent unless the petitioner can dem- centuries of patents and literature power to grant stays and encouraged onstrate that under current law the about them for the PTO to examine. courts to liberally grant stays. How- patent is not valid? Furthermore, information about meth- ever, relying on the courts’ inherent

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.049 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1364 CONGRESSIONAL RECORD — SENATE March 8, 2011 power to grant stays did not result in lack of the best prior art. And the program was developed in close consulta- courts liberally granting stays. For exceeding will typically be completed tion with the PTO to capture all of the ample, one commentator who surveyed within 1 year. worst offenders in the field of business the grant rates on motions for stay In summary, it is expected that, if a method patents, including those that pending reexamination, Matthew A. proceeding against a business method are creatively drafted to appear to be Smith, found that numerous district patent is instituted, the district court true innovations when in fact they are courts granted stays less than half the would institute a stay of litigation un- not. time. In fact, Eastern District of Texas less there were an extraordinary and The amendment only applies to ‘‘cov- grants stays only 20 percent of the extremely rare set of circumstances ered business method patents.’’ If the time. Due to low grant rates for stays not contemplated in any of the existing PTO determines that a patent is a in several jurisdictions, this amend- case law related to stays pending reex- ‘‘covered business method patent’’— ment instructs courts to apply the amination. In the rare instance that a and the other applicable requirements four-factor test first announced in stay is not granted, the PTO should of this amendment and Chapter 32 are Broadcast Innovation, L.L.C. v. Char- make every effort to complete its re- met—the patent will be subject to post- ter Communications when evaluating view expeditiously. We encourage the grant review under this amendment re- stay motions. PTO Director to promulgate regula- gardless of whether the patent has been The amendment employs the Broad- tions to this effect to ensure that peti- through prior PTO proceedings, such as cast Innovation test, rather than other tioners know that in extreme cir- ex parte reexamination, or current or multifactor tests employed by other cumstance where a gay is not granted, prior litigation. district courts, because this test prop- the PTO will complete its review in a The definition of a ‘‘covered business erly emphasizes a fourth factor that is compressed timeframe, such as within method patent’’ includes ‘‘a method or often ignored by the courts: ‘‘whether a 6 months. corresponding apparatus.’’ The phrase stay will reduce the burden of litiga- To ensure consistent and rigorous ap- ‘‘method or corresponding apparatus’’ tion on the parties and on the court.’’ plication of the Broadcast Innovation is intended to encompass, but not be Too many district courts have been standard, the amendment also allows limited to, any type of claim contained content to allow litigation to grind on the parties, as of right, to have the in a patent, including, method claims, while a reexamination is being con- Federal Circuit closely review the ap- system claims, apparatus claims, ducted, forcing the parties to fight in plication of this test in a manner that graphical user interface claims, data two fora at the same time. This is un- ensures adherence to these precedents structure claims—Lowry claims—and acceptable, and would be contrary to and consistent results across cases. As set of instructions on storage media the fundamental purpose of the Schu- such, either party may file an inter- claims—Beauregard claims. A patent mer-Kyl amendment to provide a cost- locutory appeal directly with the Fed- qualifies as a covered business method efficient alternative to litigation. eral Circuit. Because this amendment patent regardless of the type or struc- Absent some exceptional cir- provides an automatic right to an in- ture of claims contained in the patent. cumstance, the institution of a busi- terlocutory appeal, the district court Clever drafting of patent applications ness-methods proceeding—which re- does not need to certify the appeal in should not allow a patent holder to quires a high up-front showing and will writing, as it would ordinarily need to avoid PTO review under this amend- be completed in a relatively short pe- do under 28 U.S.C. § 1292(b). Also, unlike ment. Any other result would elevate riod of time—should serve as a sub- the discretion typically afforded an ap- form over substance. stitute for litigation, and result in a pellate court under 28 U.S.C. § 1292(b), Not all business method patents are stay of co-pending district court litiga- under this amendment the Federal Cir- eligible for PTO review under this tion. cuit may not decline to hear an inter- amendment. Specifically, ‘‘patents for By adopting this four-factor test, locutory appeal. technological inventions’’ are out of rather than one of the three-factor Since the denial of a stay pending scope. The ‘‘patents for technological tests used by other courts, the amend- post-grant review under this amend- inventions’’ exception only excludes ment also precludes the use of addi- ment is an extraordinary and ex- those patents whose novelty turns on a tional factors that are not codified tremely rare circumstance, the filing technological innovation over the prior here and that have occasionally been of an interlocutory appeal should re- art and are concerned with a technical used by some district courts. For ex- sult in the stay of proceedings in the problem which is solved with a tech- ample, a few courts have occasionally district court pending the appeal. Stay- nical solution and which requires the employed a different de facto fourth ing the lower court proceedings while claims to state the technical features factor: whether the challenger offers the Federal Circuit reviews the ques- which the inventor desires to protect. ‘‘to forgo invalidity arguments based tion of whether the case should be It is not meant to exclude patents that on prior art patents and/or printed pub- stayed pending the post-grant review use known technology to accomplish a lications considered during an ex parte will help ensure that requests to stay business process or method of con- reexamination process.’’ The pro- are consistently applied across cases ducting business—whether or not that ceeding authorized by this amendment, and across the various district courts. process or method appears to be novel. at subsection (b)(1)(D), sets its own On appeal the Federal Circuit can The technological invention exception standard for determining what issues and should review the district court’s is also not intended to exclude a patent may still be raised in civil litigation if decision de novo. It is expected that simply because it recites technology. a patent survives PTO review. By codi- the Federal Circuit will review the dis- For example, the recitation of com- fying the exclusive set of factors that trict court’s decision regarding a stay puter hardware, communication or courts are to consider when granting de novo, unless there are unique cir- computer networks, software, memory, stays, the amendment precludes courts cumstances militating against a de computer-readable storage medium, from inventing new factors such as novo review, such as subsequent re- scanners, display devices or databases, extra-statutory estoppel tests. quests for an interlocutory appeal in specialized machines, such as an ATM Several unique features of this pro- the same case. A de novo review is cen- or point of sale device, or other known ceeding further make it appropriate to tral to the purpose of the interlocutory technologies, does not make a patent a grant stays in all but the most unusual appeal provision in the Schumer-Kyl technological invention. In other and rare circumstances. These pro- amendment, which is to ensure con- words, a patent is not a technological ceedings will only be instituted upon a sistent application of standards and invention because it combines known high up-front showing of likely inva- precedents across the country and to technology in a new way to perform lidity. The proceeding is limited to cer- avoid one particular court with a fa- data processing operations. tain business method patents, which, vorable bench becoming the preferred The amendment covers not only fi- as noted above, are generally of dubi- venue of business method patent plain- nancial products and services, but also ous quality because unlike other types tiffs. the ‘‘practice, administration and man- of patents, they have not been thor- The definition of covered business agement’’ of a financial product or oughly reviewed at the PTO due to a method patents in the transitional pro- service. This language is intended to

VerDate Mar 15 2010 00:48 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.014 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1365 make clear that the scope of patents of America (ICBA) and the nearly 5,000 com- fees to better ensure proper funding for its eligible for review under this program munity banks that we represent, we thank operations. is not limited to patents covering a you for your efforts to improve S. 23 the Pat- The Act makes a variety of changes to im- specific financial product or service. In ent Reform Act of 2011 through your amend- prove the quality of patents, including allow- addition to patents covering a financial ment to establish an oppositional proceeding ing for greater submission of information by at the United States Patent and Trademark third parties while a patent application is product or service, the ‘‘practice, ad- Office (PTO) where business-method patents pending and establishing a post-grant review ministration and management’’ lan- can be examined using the best available procedure for promptly raised challenges to guage is intended to cover any ancil- prior art. Such patents have, unfortunately, a patent. lary activities related to a financial become the preferred method of extracting Unlike prior patent reform bills, the Act product or service, including, without large settlements from community banks does not disturb substantive damages law; limitation, marketing, customer inter- and these practices threaten our bankers’ but it does take steps to improve the consist- faces, Web site management and ability to provide banking and banking re- ency and predictability of the application of functionality, transmission or manage- lated services to their local communities and that law. ment of data, servicing, underwriting, to local small businesses. BACKGROUND/OVERVIEW Under the current system, business method customer communications, and back patents of questionable quality are used to Innovation is a key facet of American eco- office operations—e.g., payment proc- force community banks to pay meritless set- nomic power, as our Founders recognized in essing, stock clearing. tlements to entities that may have patents the Constitution by giving Congress the The amendment also requires a pat- assigned to them, but who have invented power to ‘‘promote the progress of science ent to relate to a ‘‘financial product or nothing, offer no product or service and em- and useful arts’’ by granting inventors time service.’’ To meet this requirement, ploy no one. In addition, all public compa- limited monopolies—patents—on their dis- nies are required by accounting rules to re- coveries. This basic framework set the the patent need not recite a specific fi- course for centuries of American innovation, nancial product or service. Rather the serve capital against contingent liabilities. For community banks, this is money which but the law has not been substantially up- patent claims must only be broad dated since the Patent Act of 1952. Respond- enough to cover a financial product or cannot find its way into the hands of worthy borrowers, retarding economic growth and ing to concerns about the quality and timeli- service. For example, if a patent claims job creation as the precise time such activity ness of patents issued by the PTO, the last a general online marketing method but is most needed. The Schumer-Kyl amend- several Congresses have considered substan- does not specifically mention the mar- ment is critical to stopping this economic tial patent reform measures. [In the 109th keting of a financial product, such as a harm. Congress Senators Hatch and Leahy intro- savings account, if that marketing We appreciate that you have worked hard duced the Patent Reform Act of 2006 (S. method could be applied to marketing with the Patent and Trademark Office and 3818). The next year, Senators Leahy and Hatch introduced the Patent Reform Act of a financial product or service, the pat- other stakeholders to refine the amendment and make compromises to enable the amend- 2007 (S. 1145). This bill was reported from the ent would be deemed to cover a ‘‘finan- Judiciary Committee, as amended, on Janu- cial product or service.’’ Likewise, if a ment to move forward. We support those efforts and will continue to push to ensure ary 24, 2008, with a Committee Report (S. patent holder alleges that a financial that business method patents cannot be used Rep. 110–259), but it was not considered by product or service infringes its patent, as a weapon by those who seek to game the the full Senate. On March 3, 2009, Senators that patent shall be deemed to cover a patent granting and litigation system at the Leahy and Hatch introduced the Patent Re- ‘‘financial product or service’’ for pur- expense of legitimate businesses. form Act of 2009, which was reported with poses of this amendment regardless of We are pleased to learn that the Senate amendments on April 2, 2009, with a Com- whether the asserted claims specifi- has adopted much of the Schumer-Kyl mittee Report (S. Rep. 111–18). Again the bill amendment into the base text of S. 23. We was not considered by the full Senate. Dur- cally reference the type of product of ing this time, the Senate Judiciary Com- service accused of infringing. encourage the Senate to only strengthen this provision, where possible, for the good of our mittee has held eight hearings on patent re- In conclusion, I am very pleased that nation’s community banks and the countless form, and the House has held hearings on the the Senate has adopted the Schumer- neighborhoods and communities that they subject as well.] Kyl provision and trust that it will go serve. Over the course of these Congresses the a long way towards addressing the Thank you again. substance of the reform proposals evolved. havoc that frivolous business method Sincerely, On January 25, 2011, Senator Leahy and Sen- patent litigation has wreaked upon the STEPHEN J. VERDIER, ator Hatch introduced the current bill, the courts and the economy. Indeed, Sen- Executive Vice President, Patent Reform Act of 2011 (S. 23), which was Congressional Relations. reported with amendments on February 3, ator KYL and I received a letter of 2011. Significant features of the legislation thanks and appreciation from the Inde- Mr. KYL. Mr. President, I ask unanimous consent to have printed in the include: a transition to a ‘‘First Inventor to pendent Community Bankers of Amer- File’’ patent regime consistent with other ica, who represent nearly 5,000 commu- RECORD materials concerning the industrialized countries; PTO fee setting au- nity banks. As they point out, the America Invents Act that were distrib- thority to ensure proper funding; and post- money they are required to spend de- uted by the Republican Policy Com- grant and supplemental review procedures to fending litigation from business meth- mittee last week. These consist of a improve patent quality. od patent trolls—and the capital they legislative notice describing the bill BILL PROVISIONS must reserve against these contingent that was brought to the Senate floor, Section 1. Title/Table of Contents liabilities—is money which ‘‘cannot and a summary of the Senate man- Section 2. First Inventor to File find its way into the hands of worthy agers’ amendment that was adopted on The United States, alone among advanced borrowers, retarding economic growth Tuesday. economies, currently operates under a ‘‘First and job creation at the time such ac- There being no objection, the mate- to Invent’’ rather than a ‘‘First Inventor to tivity is most needed.’’ rial was ordered to be printed in the File’’ patent regime in which the date of fil- To that end, I would ask unanimous RECORD, as follows: ing with the patent office is the most impor- consent that the letter from the Inde- [From the Republican Policy Committee, tant determinant of who is the legitimate pendent Community Bankers of Amer- U.S. Senate, Feb. 28, 2011] patent holder. Defenders of the First to In- vent regime claim that it has served Amer- Legislative Notice ica be printed in the RECORD. ica well, that it favors small inventors by al- There being no objection, the mate- S. 23—THE PATENT REFORM ACT OF 2011 lowing them to focus on inventing rather rial was ordered to be printed in the Calendar #6 than paperwork, and that it avoids overbur- RECORD, as follows: Reported by the Judiciary Committee with dening the PTO with prematurely filed appli- INDEPENDENT COMMUNITY amendments on February 3, 2011 by a vote cations. BANKERS OF AMERICA, of 15–0. No written report. However, the system poses challenges for Washington, DC, March 3, 2011. NOTEWORTHY American inventors who must operate under Hon. CHARLES E. SCHUMER, At 3:30 p.m. today, the Senate will begin one regime domestically and another if they U.S. Senate, consideration of S. 23. wish to profit from their innovation abroad. Washington, DC. The Act adopts a ‘‘First Inventor to File’’ The First to Invent system also results in Hon. JON KYL, patent regime. Currently the United States less certainty about the validity of patents U.S. Senate, is the only country in the world operating and often leads to expensive and lengthy liti- Washington, DC. under a ‘‘First to Invent’’ regime. gation. Many commentators and organiza- DEAR SENATORS SCHUMER AND KYL: On be- The Act grants the U.S. Patent and Trade- tions, including the National Academy of half of the Independent Community Bankers mark Office (PTO) authority to set its own Sciences, have urged the United States to

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.015 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1366 CONGRESSIONAL RECORD — SENATE March 8, 2011 adopt a First Inventor to File system. S. 23 evant information on pending patent appli- Section 17. Clarification of Jurisdiction moves the United States to a First Inventor cations. This section would permit third par- This section clarifies exclusive federal ju- to File regime. As part of that, it creates an ties, typically another innovator in the same risdiction over patent claims. administrative proceeding to ensure that the or a similar field, to submit relevant infor- Section 18. Effective Date first person to file is actually the true inven- mation and make statements explaining tor. It also preserves and strengthens current their submissions. Except where otherwise provided by specific provisions in the Act, the effective date law’s grace period, by providing that disclo- Section 8. Venue of the Act is 12 months after enactment, sures made by the true inventor, or someone Codifies the standard for transfers of venue who got the information from the inventor, meaning it would apply to all patents issued established by the Federal Circuit in the on or after that date. less than one year before the application is case In re TS Tech USA Corp and applies it ADMINISTRATION POSITION filed will not be held against their applica- to patent cases generally. [551 F.3d 1315 (Fed. tion. Cir. 2008).] That standard provides for trans- As of the publication of this Notice, no Additionally, during the one-year period fer to the judicial district that is ‘‘clearly Statement of Administration Policy (SAP) before the application is filed, if the inventor more convenient’’ for both the parties and has been issued. publicly discloses his invention, no subse- witnesses. The section also clarifies that COST quently-disclosed ‘‘prior art,’’ regardless of venue for litigation against the PTO is the As of the publication of this Notice, no whether it is derived from the inventor, can Eastern District of Virginia, where the PTO be used to invalidate the patent. Prior art is Congressional Budget Office cost estimate is headquartered, rather than the District of for S. 23 has been issued. a term of art in intellectual property law. S. Columbia, where it used to be based. 23 defines ‘‘prior art’’ as actions by the pat- POSSIBLE AMENDMENTS Section 9. Fee Setting Authority ent owner or another (such as publication, At this time, there is no unanimous con- public use, or sale) that make the invention In order to provide sufficient funding to sent agreement with respect to consideration available to the public.] This effectively cre- the PTO’s operations, this section grants the of S. 23 or limiting the submission of amend- ates a ‘‘first to publish’’ rule within the one office the ability, and sets forth procedures, ments. year grace period. An inventor who publishes to set or adjust the fees it charges applicants. his invention retains an absolute right to SUMMARY OF THE MANAGERS’ AMENDMENT Section 10. Supplemental Examination priority if he files an application within one The title is changed to the ‘‘America In- year of his disclosure. No application effec- This provision authorizes a supplemental vents Act’’. tively filed after his disclosure, and no prior examination process by which patent holders The date of the repeal of statutory inven- art disclosed after his disclosure, can defeat can correct errors or omissions in past pro- tion registrations, which are used only in his patent application. ceedings with the PTO. During the process, first-to-invent, is changed to conform to the Section 3. Inventor’s Oath or Declaration additional information can be presented to date of the switch to first to file. U.S. patent law requires oaths or declara- the office and, if it does not undermine the All remaining damages language—gate- tions by inventors as part of the application original patent determination, the earlier keeper, sequencing, and recodification of process. This can be challenging when appli- omission of that information cannot be later current law as subsection (a)—is struck. The cations are pursued by company-assignees used in a lawsuit alleging inequitable con- bill now makes no changes to section 284. for whom a variety of past and present em- duct. In PGR, the subsection imposing a six- ployees may have played a role in developing Section 11. Residency Requirement for Federal month deadline on filing after litigation is the invention. This section makes it easier Circuit Judges commenced is replaced with the ‘‘shoot for assignees to file and prosecute a patent This section repeals the requirement that first’’ provision requiring a court to consider application where the inventor is unable to judges on the Federal Circuit reside within a PI request without taking a PGR petition do so or unwilling and contractually obli- 50 miles of Washington, DC. The duty station or its institution into account if the patent gated to do so. of Federal Circuit judges, however, will re- owner sues within 3 months of the issuance Section 4. Damages main in Washington. of patent. The six-month deadline did not Section 12. Micro-Entity Defined work well here—PGR can only be requested The current damage statute is vague, and within 9 months of patent issuance anyway, Under current law, the PTO charges small juries must evaluate up to 15 factors devel- and no suit can be brought until the patent businesses and nonprofits lower fees than it oped by the courts. This has led to incon- issues. Also, a much broader range of issues charges large corporations. This section es- sistent and unpredictable damage awards. can be raised in PGR than in IPR, justifying tablishes an even smaller category—truly Section 4 does not upset the existing sub- more time for filing. independent inventors—for which the PTO stantive law, but it makes certain changes PGR is limited to only FTF patents—no may make additional accommodations. to increase predictability in damages by au- FTI patents can be challenged in PGR. This thorizing courts to play a gatekeeper role, in Section 13. Funding Agreements is done because FTI patents raise discovery- which they will provide detailed instructions This section changes the formula for what intensive invention-date and secret-prior-art to juries on what factors are most relevant universities, nonprofits, and others may do issues that would be difficult to address in to the case before them. with royalties or other income generated by an administrative proceeding. This also ef- Section 5. Post-Grant Review inventions developed using federal funds. fectively gives PTO a much easier ramp up This section establishes a new administra- Under current law, if such royalties exceed for PGR. In light of this change, the time for tive procedure for challenging the validity of the annual budget of the entity, 75 percent of implementing PGR is moved back to 1 year granted patents within a nine-month post- the excess is returned to the government. In after enactment, so that it is done at the grant window, providing an early oppor- order to encourage innovation and commer- same time as new IPR is implemented, which tunity to improve the quality of patents. cialization, this section allows the entity to is PTO’s preference. The bill also changes procedures for later retain 85 percent of that excess for further During the first four years after new IPR is challenges by third parties to the validity of research. The remainder would be paid to the implemented, the Director has discretion to patents (the so-called ‘‘inter partes reexam- government. continue to use old inter partes reexam. This ination’’ process, under current law). These Section 14. Tax Strategies Deemed within Prior is done because the Director believes his re- reforms add additional procedural protec- Art forms of the CRU have greatly improved old tions to the process by converting the reex- This section ends the patentability of tax inter partes, and it may actually work more amination into an adjudicative proceeding to strategies. The bill, as reported, does not efficiently than new IPR during the ramp up. be known as ‘‘inter partes review.’’ Inter change the patentability of other forms of Old inter partes can also be used for PGR partes review must be completed within one business method patents. proceedings that are instituted only on the year of being instituted (though this dead- Section 15. Best Mode Requirement basis of patents and printed publications, line can be extended by six months for good which are the only issues that can be raised cause). The proceedings will take place be- As part of a patent application, an appli- in old inter partes (as well as new IPR). fore a panel of three administrative judges cant must disclose the ‘‘best mode’’ for car- The codification of the TS Tech transfer- whose decisions are appealable directly to rying out his or her invention. In subsequent of-venue rule is struck. TS Tech already ap- the Federal Circuit. litigation an accused infringer can offer as a plies as a matter of caselaw in the Fifth Cir- defense that the best mode was not properly Section 6. Patent Trial and Appeal Board cuit. (The Federal Circuit applies regional disclosed by the patent holder. This section circuit law to procedural matters, and reads This section renames the Patent Board the eliminates that defense, which many con- Fifth Circuit law as applying the transfer of ‘‘Patent Trial and Appeal Board’’ and clari- sider subjective and possibly irrelevant, as venue rule.) Complaints about venue gen- fies its role in administering the new pro- the best mode may change over time. Best erally focus on EDTX, so there is little need ceedings established by the Act. mode disclosure remains a requirement for to apply TS Tech nationally, and it seemed Section 7. Pre-Issuance Submissions by Third patentability. odd for Congress to regulate such matters in Parties Section 16. Technical Amendments any event. Current law restricts what third parties This section contains technical amend- A blue-slip fix to the Director’s fee setting can file with the PTO when they possess rel- ments to reorganize the patent statute. authority. The revised language identifies

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.018 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1367 with great specificity the sources of author- sure consistent application of established raised’’ estoppel, strong administrative ity to impose patent and trademark user precedent; (5) the definition of business- estoppel, and explicit statutory author- fees, in order to avoid a violation of the method patent, which tracks the language of ity for the Patent and Trademark Of- Origination Clause. Class 705, is limited to data processing relat- fice, PTO, to reject petitions by third A new provision requiring the Director to ing to just a financial product or service charge reduced fees to small entities for use (rather than also to an enterprise). parties and order joinder of related par- of accelerated examination. PTO is given greater flexibility in paying ties. Improvements have also been Language is added making clear that the and compensating the travel of APJs. A made regarding damages. Finally, I am repeal of the Baldwin rule (which rule re- large number of APJs will need to be re- pleased that we were able to address quires Federal Circuit judges to live within cruited, trained, and retained to adjudicate the PTO’s funding needs in a way that 50 miles of Washington, D.C.) shall not be PGR and new IPR. This change’s enhance- maintains Congress’ duty to carefully construed to require the AOC to provide ments will be paid for out of existing funds. judges office space or staff outside of D.C. oversee the PTO while ensuring that it The Coburn end to fee diversion. Currently, has the resources necessary to issue A PTO-approved broadening of the defini- PTO fees go into a Treasury account and are tion of ‘‘microentity,’’ a status that entitles only available to the Office as provided in top quality patents in a timely man- applicants to reduced fees. appropriations. In the last two decades, ner. In the tax patents section, language is about $800 million in PTO user fees has been Again, I commend Senator LEAHY for added: [(1) clarifying that the language does diverted from PTO to other federal spending. his many years of work on this bill, not bar patenting of tax software that is The Coburn amendment creates a revolving novel as software—i.e., where the innovation and I look forward to the House taking fund, giving PTO direct access to its fees is in the software] (this may be dropped); and up this legislation. without the need for enactment of an appro- (2) establishing that making tax strategies Mr. LEVIN. Mr. President, I thank priations act. unpatentable shall not be construed to imply my colleagues, Senator LEAHY, who is Budget Committee paygo language is that other business methods are patentable the chairman of the Judiciary Com- added at the end. or valid. In Bilski v. Kappos, (2010), the Su- mittee, and Senator GRASSLEY, who is preme Court interpreted Congress’s 1999 en- Mr. KOHL. Mr. President, I rise the ranking Republican, for including actment of a prior-user right that only ap- today in support of S. 23, the America in the Patent Reform Act a provision plied against business-method patents as im- Invents Act. This bipartisan bill is the that a number of us have been working plying that business methods qualify as pat- product of a great deal of hard work on for several years to stop the grant- entable subject matter under section 101, and negotiation, and I congratulate which was enacted in 1793. ing of tax strategy patents. Language is added to the part of the Senators LEAHY, HATCH and GRASSLEY The key provision contains the text Holmes Group fix allowing removal of patent on their accomplishment. This bill is a of legislation that Senators BAUCUS, cases from state to federal court to clarify reasonable compromise that will up- GRASSLEY and I, as well as others, in- that derivative jurisdiction is not required in date and strengthen our U.S. Patent troduced earlier this year, S. 139, the such cases. Derivative jurisdiction is the system so that American businesses Equal Access to Tax Planning Act, to doctrine that, even if a federal district court can better compete in the 21st Century. end the troubling practice of persons would have had original jurisdiction over an The American system of patenting seeking patents for tax-avoidance action, on removal, the district court can inventions has helped make our coun- only have jurisdiction if the state court from strategies. Issuing such patents per- which the action is removed properly had ju- try the center of innovation for more verts the Tax Code by granting what risdiction. (In other words, the federal than two centuries. The America In- some could see as a government impri- court’s removal jurisdiction is regarded as vents Act will ensure that inventors matur of approval for questionable or derivative of the state court’s jurisdiction.) and those who invest in their discov- illegal tax strategies, while at the This silly form-over-substance doctrine was eries are able to rely on their most im- same time penalizing taxpayers seek- abrogated by Congress, but some courts have portant asset—their patent. Patents ing to use legitimate strategies. continued to read it into other parts of the are vital components in the research Since 1998, when Federal courts ruled law, and thus it was thought best to also and development cycle that help create make clear here that derivative jurisdiction that business practices were eligible is not required. small businesses and jobs. for patent protection, the Patent and The Schumer-Kyl business-methods pro- In my home State of Wisconsin, we Trademark Office has issued more than ceeding, as modified to accommodate indus- have a strong tradition of invention 130 patents for tax strategies, with try concerns and PTO needs. In its 1998 State and innovation—from the invention of more than 150 applications pending. Street decision, the Federal Circuit greatly the first practical typewriter in 1869 to These patents are a terrible idea for broadened the patenting of business meth- a cure for Rickets disease in 1925 to two reasons. ods. Recent court decisions, culminating in cutting edge drug therapies for the 21st last year’s Supreme Court decision in Bilski First, they may be providing unin- v. Kappos, have sharply pulled back on the Century. More than 50 Wisconsin based tended support for abusive tax shelters. patenting of business methods, emphasizing startup companies have been fueled by Some unscrupulous tax shelter pro- that these ‘‘inventions’’ are too abstract to patents that resulted from research at moters may claim that the patent rep- be patentable. In the intervening years, how- the University of Wisconsin. And there resents an official government endorse- ever, PTO was forced to issue a large number are countless other Wisconsin compa- ment of their tax scheme and evidence of business-method patents, many or pos- nies that rely on patents to sustain and that the scheme would withstand IRS sibly all of which are no longer valid. The grow their business. challenge. Given the well-documented Schumer proceeding offers a relatively cheap I am able to support the Patent Re- alternative to civil litigation for challenging problem we have with tax avoidance in these patents, and will reduce the burden on form Act because of the improvements this country, allowing persons to pat- the courts of dealing with the backwash of made to the bill since it was first intro- ent tax strategies is not only a waste invalid business-method patents. The produced. As is the nature of compromise, of government resources needed else- ceeding has been limited since mark up so I recognize that we cannot all get where, but an invitation to wrongdoers that: (1) only defendants or accused infring- every change we want. I thank Senator to misuse those government resources ers may invoke the proceeding; (2) prior art LEAHY for making substantial changes to promote tax avoidance. is limited to old 102(a), which must be pub- to accommodate many of my concerns. Second, the granting of tax patents licly available, or prior art of old 102(a) scope Specifically, I appreciate your will- threatens to penalize taxpayers seek- that shall be presumed to beat old 102(a) invention-date limits but that falls outside the ingness to strike a major section of the ing to use legal tax strategies to mini- old 102(b) grace period (i.e., effectively, old bill regarding prior user rights—which mize their tax bills. If a tax practi- 102(b) prior art but limited to old 102(a)’s would have done serious harm to the tioner is the first to discover a legal publicly-available prior-art scope); (3) the University of Wisconsin and its patent advantage and secures a patent for it, proceeding may not be used to challenge a licensing business. The bill incor- that person could then effectively patent while it is eligible for a PGR chal- porates additional changes that were charge a toll for all other taxpayers to lenge (i.e., an FTF patent during the first 9 important to research universities, in- use the same strategy, even though as months after its issue); (4) the proceeding is cluding provisions related to venue, a matter of public policy all persons available only for four years; (5) district courts decide whether to stay litigation grace period for first inventor to file, ought to be able to take advantage of based on the four-factor Broadcast Innova- oath, and collaborative research. the law to minimize their taxes. Com- tion test, and the Federal Circuit reviews Patent protection will be stronger panies could even patent a legal meth- stay decision on interlocutory appeal to en- with the inclusion of ‘‘could have od to minimize their taxes and then

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.008 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1368 CONGRESSIONAL RECORD — SENATE March 8, 2011 refuse to license that patent to their In fact, a recent Federal court deci- When the word ‘‘filing date’’ is used in competitors in order to prevent them sion struck down the qui tam provi- current law, it is sometimes used to from lowering their operating costs. sions of the patent law as unconstitu- mean the actual filing date and some- Tax patents could be used to hinder tional because the false patent mark- times used to mean the effective filing productivity and competition rather ing statute does not give the executive date. Since section 100 is a definitional than foster it. branch sufficient control over the liti- section, it should be clear in its lan- Federal patent law is supposed to en- gation to ensure that the President can guage, and thus the word ‘‘actual’’ is courage innovation, productivity, and ‘‘take Care that the Laws be faithfully added in order to avoid a lingering am- competition by encouraging inventors executed.’’ biguity. Also, the language of subpara- to innovate, secure in the knowledge As I mentioned, the False Claims Act graph (B) is streamlined to clarify that that they can profit from their efforts. is completely different. The Justice a patent gets the benefit or priority of In the tax arena, there is already Department has the right to intervene, an earlier application if it is entitled ample incentive for taxpayers to seek to prosecute, or to dismiss a False to such benefit or priority as to the in- legitimate ways of reducing their tax Claims Act qui tam. I was instru- vention in question under the relevant burden, as the wealth of advice and mental in ensuring such controls on code sections, which require satisfac- consulting in this area demonstrates. frivolous lawsuits were inserted into tion of the requirements of section Injecting patents into the mix encour- the False Claims Act and the absence 112(a), a specific reference to the prior ages abusive tax avoidance while rais- of similar controls in the false patent application, and copendency. ing the cost of legal tax planning at marking law is problematic. The new language makes it clear the same time, both to society’s det- I would not want anyone watching that the definition of effective-filing riment. the patent reform bill to conclude that date does not create new rules for enti- I introduced the first bill to ban tax Congress will weaken or undermine the tlement to priority or the benefit of an patents back in 2007. Since then, Sen- False Claims Act qui tam statute be- earlier filing date. Rather, the defini- ators on both sides of the aisle have cause we have stricken a flawed qui tion simply incorporates the rules cre- been trying to get this problem fixed. tam provision in the patent bill. I will ated by existing code sections. Also, The language in the bill before us vigorously defend the False Claims Act since those rules expressly require an today is designed to put a halt to the and urge my colleagues to do the same. enabling disclosure, there is no need to issuance of patents for tax strategies The False Claims Act is the Federal separately require such disclosure in once and for all, including for the 155 Government’s strongest weapon to pro- this definition, and thus the reference pending applications. Although the bill tecting the taxpayer dollars from fraud at the end of subparagraph (B) to the does not apply on its face to the 130- and abuse. It would be a serious mis- first paragraph of section 112 that ap- plus tax patents already granted, if calculation for anyone to imply or at- peared in earlier versions of the bill is someone tries to enforce one of those tempt to characterize my support for dropped. Keeping that citation would patents in court by demanding that a the removal of the patent qui tam as a have created a negative implication taxpayer provide a fee before using it that unless such a requirement of sec- to reduce their taxes, I hope a court starting point for striking or reforming will consider this bill’s language and the False Claims Act qui tam provi- tion 120 was expressly incorporated policy determination and refuse to en- sions. into the definition of effective-filing The False Claims Act qui tam provi- force the patent as against public pol- date, then such requirement need not sions have helped the Federal Govern- icy. be satisfied in order to secure the ben- The tax patent provisions of this bill ment recover over $28 billion since I efit of an earlier effective-filing date. are significant, but they are not the amended it to add the qui tam provi- It should be noted that, for purposes only reasons to support passage. This sions in 1986. With the recent amend- of subparagraph (A) of section 100(i)(1), legislation will create jobs, help keep ments to the False Claims Act that I, a patent or application for patent con- our manufacturers competitive and along with Senator LEAHY, included in tains a claim to an invention even if strengthen and expand the ability of the Fraud Enforcement and Recovery the claim to the particular invention our universities to conduct research Act of 2009, the False Claims Act will was added via an amendment after the and turn that research into innovative continue to serve as the Federal Gov- application was filed. Of course, such products and processes that benefit ernment’s most valuable tool to com- an amendment may not introduce new Michigan and our Nation. It also will bat fraud in government programs for matter into the application—it may assist the new satellite Patent and decades to come. only claim that which was disclosed in Trade Office that will be established in Mr. KYL. Mr. President, I rise today the application. Detroit by modernizing the patent sys- to make a few comments about the Finally, new section 100(i)(2) of title tem and improving efficiency of patent present bill, which has now been re- 35 governs the effective date of reissued review and the hiring of patent exam- titled the ‘‘America Invents Act.’’ This patents. Consistent with section 251, iners. One objective of the new office in bill is almost identical to the man- this new paragraph effectively treats Detroit is to recruit patent examiners agers’ amendment that was negotiated the reissue as an amendment to the to reduce the backlog of patent appli- by Chairman LEAHY and then-Ranking patent, which is itself treated as if it cations. This legislation is a huge step Member Sessions during the last Con- were a still-pending application. It forward in that effort. gress and announced in March 2010. I bears emphasis that the first paragraph Mr. GRASSLEY. Mr. President, I cosponsored and strongly supported of section 251, which is designated as want to discuss an important compo- that managers’ amendment, which sub- subsection (a) by this bill, bars the in- nent of the patent reform legislation stantially addressed all of the concerns troduction of new matter in an applica- that protects against frivolous and vex- that Senators Feingold, COBURN, and I tion for reissue. Moreover, paragraph atious litigation arising from qui tam raised in our Minority Report to the (3) of section 251, now designated as suits for false patent markings. The 2009 committee report for the bill, Sen- section 251(c), makes the rules gov- bill before the Senate abolishes this ate Report 111-18, at pages 53 through erning applications generally applica- qui tam procedure and I would like to 61. As the bill was renegotiated in the ble to reissues. A reissue is treated as discuss why I support doing so, even fall of 2009 and early 2010, improve- an amendment to the patent, and the though I am generally a strong pro- ments and corrections were made last sentence of section 132(a) bars the ponent of using the qui tam mechanism throughout the bill, and a number of introduction of new matter in an to protect American taxpayers. new provisions were added. I would like amendment. See In re Rasmussen, 650 The qui tam provisions of the False to take a moment to comment on some F.2d 1212, 1214–15, CCPA 1981. Thus a Claims Act specifically allow the gov- of those changes and additions. claim that relies for its support on new ernment to intervene and control liti- In section 2(a) of the bill, the defini- matter introduced in a reissue would gation when the government has been tion of ‘‘effective filing date’’ in sec- be invalid. harmed through false or fraudulent tion 100(i) has been modified in several Section 2(b) of the bill recodifies sec- billing. The qui tam provisions of the ways. In subparagraph (A), the word tion 102 of title 35. In the present bill, patent law do not. ‘‘actual’’ is added before ‘‘filing date.’’ this recodification is reorganized by

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.052 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1369 consolidating all exceptions to the def- present bill departs from earlier parte Jo Anne Robbins, 2009 WL 3490271, inition of prior art in section 102(b)— versions of the bill by giving the CRE- BPAI October 26, 2009, confirm this and excluding from subsection (b) pro- ATE Act is own subsection and making overruling, holding that any applica- visions that do not define exceptions to several clarifying and technical tion that is ultimately published is prior art, such as the CREATE Act and changes. In particular, the citation at prior art as of its filing date, and that the definition of the effective date of the end of the chapeau is made more provisional applications—which typi- patents and applications cited as prior specific, and in paragraph (1) the words cally cannot become patents as filed— art. Thus what previously appeared as ‘‘was developed’’ are added because also are prior art. See Robbins at page section 102(a)(1)(B) in earlier versions subject matter is not always ‘‘made,’’ *4, noting that ‘‘[i]n our opinion, a pub- of the bill is now 102(b)(1)(A), and but is always ‘‘developed.’’ Also in the lished patent application which is former paragraphs (3) and (4) of sub- same paragraph, the reference to ‘‘par- statutorily destined to be published section (b) are now subsections (c) and ties’’ is replaced with ‘‘1 or more par- constitutes prior art for all that it dis- (d), respectively. ties’’, to further clarify that not all closes on its earliest filing date,’’ and Also, the wording of subparagraph parties to the joint research agreement Yamaguchi at page 9, noting that ‘‘a (B) of section 102(b)(2), which appeared need have participated in developing provisional application—like a regular at the same place in earlier versions of the prior art or making the invention. utility application—constitutes prior the bill, is changed so that it tracks Finally, as noted previously, the defini- art for all that it teaches,’’ and the the wording of subparagraph (B) of sub- tion of ‘‘joint research agreement’’ is same case at page 13, Judge Torczon section (b)(1). These two subparagraph moved to section 100, which contains concurring that ‘‘[i]f [the majority] is (B)s are intended to operate in the other definitions relevant to CREATE. correct, In re Wertheim is no longer same way, and their previous dif- As section 2(b)(2) of this bill notes, tenable authority.’’ Moreover, these ferences in wording, although not sub- these changes are made with the same BPAI decisions’ holding that a patent stantive, tended to create an implica- ‘‘intent’’ to promote joint-research ac- has a patent-defeating effect as of the tion that they were intended to operate tivities that animated the CREATE filing date of the provisional application to which it claims priority was rein different ways. Act. None of the changes in this legis- cently affirmed by the Federal Circuit Under the first subparagraph (B), at lation alter the meaning of the original in In re Giacomini, 612 F.3d 1380 (Fed. section 102(b)(1)(B), if an inventor pub- law. licly discloses his invention, no subse- The present bill’s new subsection Cir. 2010). The caselaw also teaches that parent quent disclosure made by anyone, re- 102(d) of title 35 makes several changes applications to the published applica- gardless of whether the subsequent dis- to earlier bills’ version of this provi- tion set the effective date of the prior closer obtained the subject matter sion. Specifically, the chapeau of this art if they describe the invention and from the inventor, will constitute prior subsection, which defines the effective the invention is enabled before the fil- art against the inventor’s subsequent date of patents and applications cited ing of the patent under review, even if application for patent in the United as prior art, is modified in the first that prior-art description, standing States. The parallel provision at sec- clause by expressly stating the purpose alone, may not be adequate to show tion 102(b)(2)(B) applies the same rule of this subsection, and by otherwise enablement. This point is illustrated to subsequent applications: if the in- clarifying the language employed. In by Application of Samour, 571 F.2d 559, ventor discloses his invention, a subse- paragraph (1), a clause is added at the CCPA 1978, which holds that prior art quently filed application by another outset to make clear that the para- must be enabled before the effective fil- will not constitute prior art against graph applies only if paragraph (2) does ing date of the application or patent the inventor’s later-filed application not apply. Paragraph (2) is unmodified under review, but this enablement need for patent in the United States, even if save for the nonsubstantive addition of not be disclosed at the same place and the other filer did not obtain the sub- a comma. time as the primary reference relied on ject matter from the first-disclosing Though the language of section as prior art—and can even come later inventor. And of course, the inventor’s 102(d)(2) remains unchanged from ear- than the primary reference, so long as earlier disclosure will constitute prior lier versions of the bill, that language it still comes before the effective-filing art that invalidates the other filer’s deserves some comment. Paragraph (2) date of the application under review. subsequent application. is intended to overrule what remains of Samour at page 563, notes that: In other words, under the regime of In re Wertheim, 646 F.2d 527 (CCPA we do not believe that a reference showing the two subparagraph (B)s, an inven- 1981), which appeared to hold that only that a method of preparing the claimed sub- tor’s disclosure of his invention to the an application that could have become ject matter would have been known by, or public not only invalidates anyone a patent on the day that it was filed would have been obvious to, one of ordinary else’s subsequently filed application, can constitute prior art against an- skill in the pertinent art, must antedate the but no one else’s subsequent disclosure other application or patent. See id. at primary reference. The critical issue under 35 U.S.C. § 102(b) is whether the claimed sub- or filing of an application during the 1- 537, noting that: ject matter was in possession of the public year grace period will constitute prior If, for example, the PTO wishes to utilize more than one year prior to applicant’s fil- art against that inventor’s application. against an applicant a part of that patent ing date, not whether the evidence showing The bill thus effectively creates a disclosure found in an application filed ear- such possession came before or after the date ‘‘first to publish’’ rule that guarantees lier than the date of the application which of the primary reference. patent rights in the United States to became the patent, it must demonstrate that Technically, In re Wertheim still the earlier-filed application contains sec- whoever discloses the invention to the tions 120/112 support for the invention controls the prior-art effect of the lim- public first. claimed in the reference patent. For if a pat- ited universe of applications that are Of course, until the Europeans and ent could not theoretically have issued the not published before they are patented, the Japanese adopt a more substantial day the application was filed, it is not enti- but the Office’s examination guidelines grace period, an inventor’s pre-filing tled to be used against another as ‘secret ignore even this vestigial effect, and disclosure will prevent patenting in prior art,’ the rationale of Milburn being in- extend prior-art effect to all prior ap- Europe and Japan. An inventor who is applicable. plications that describe an invention as concerned about protecting his inven- Wertheim, however, was already al- of the date of their filing. MPEP tion from theft, but who also wants to most completely overruled by the 21360.03, part IV, which notes that: preserve his rights overseas, can in- American Inventors Protection Act of For prior art purposes, a U.S. patent or stead file a provisional application in 1999, Public Law 106–113, which, by patent application publication that claims the United States. This inexpensive al- making any published application prior the benefit of an earlier filing date under 35 ternative protects the inventor’s rights art, effectively displaced Wertheim’s U.S.C. 120 of a prior nonprovisional applica- requirement that the application have tion would be accorded the earlier filing date both in the United States and abroad. as its prior art date under 35 U.S.C. 102(e), Another change that this bill makes been capable of becoming a patent on provided the earlier-filed application prop- to chapter 10 is that the CREATE Act, the day that it was filed. Two recent erly supports the subject matter relied upon formerly at section 103(c) of title 35, BPAI decisions, Ex parte Yamaguchi, in any rejection in compliance with 35 U.S.C. has been moved to section 102(c). The 88 U.S.P.Q.2d 1606, BPAI 2008, and Ex § 112, first paragraph.

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.029 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1370 CONGRESSIONAL RECORD — SENATE March 8, 2011 A prior-art parent application, how- describe things that are of the same port, is consistent with the unanimous ever, must be copendent, have some quality or nature as the final clause— judicial construction of the same turn continuity of disclosure, and be specifi- that is, although different categories of of phrase. It appears that every court cally referred to in the patent or pub- prior art are listed, all of them are lim- that has considered this question lished application. The continuous dis- ited to that which makes the invention agrees with the committee’s under- closure must be a description of the ‘‘available to the public.’’ As the com- standing of the meaning of this lan- subject matter that is relied on as mittee report notes at page 9, ‘‘the guage. prior art. That description can become phrase ‘available to the public’ is added Moreover, the fact that the clause narrower in the intervening applica- to clarify the broad scope of relevant ‘‘or otherwise available to the public’’ tions. But so long as there is still some prior art, as well as to emphasize the is set off from its preceding clauses by description of the subject matter in the fact that it [i.e., the relevant prior art] a comma confirms that it applies to intervening applications, the Office can must be publicly available.’’ In other both ‘‘public use’’ and ‘‘on sale.’’ rely on an earlier application’s fuller words, as the report notes, ‘‘[p]rior art Finisar Corp. v. DirecTV Group, Inc., 523 description as prior art. will be measured from the filing date of F.3d 1323, 1336, Fed. Cir. 2008, notes that The language of paragraph (2) is the application and will include all art ‘‘when a modifier is set off from a se- somewhat indirect in its imposition of that publicly exists prior to the filing ries of antecedents by a comma, the these requirements. They are mostly date, other than disclosures by the in- modifier should be read to apply to incorporated through the paragraph’s ventor within one year of filing.’’ each of those antecedents.’’ Thus new mandate that the prior-art application The Committee’s understanding of section 102(a)(1) imposes a public-avail- be ‘‘entitled to claim * * * priority or the effect of adding the words ‘‘or oth- ability standard on the definition of all benefit’’ under section 120 et al. In sec- erwise available to the public’’ is con- prior art enumerated by the bill—an tion 100(i), which defines the effective- firmed by judicial construction of this understanding on which the remainder filing date of the patent under review, phraseology. Courts have consistently of the bill is predicated. the patent must be entitled to the pri- found that when the words ‘‘or other- Whether an invention has been made ority or benefit itself under the rel- wise’’ or ‘‘or other’’ are used to add a available to the public is the same in- evant sections. Here again in section modifier at the end of a string of quiry that is undertaken under exist- 102(d), however, the application need clauses, the modifier thus added re- ing law to determine whether a docu- only be entitled to claim the benefit or stricts the meaning of the preceding ment has become publicly accessible, priority under those sections. This dif- clauses. Strom v. Goldman, Sachs & Co., but is conducted in a more generalized ference in language, which offers an ex- 202 F.3d 138, 146–47, Second Cir. 1999, manner to account for disclosures of information that are not in the form of cellent example of why people hate states that: documents. lawyers, distinguishes between the core The position of the phrase ‘or any other eq- A document is publicly accessible if it has requirement of section 120 et al.—that uitable relief’ in the sentence in which it ap- been disseminated or otherwise made avail- the application include an enabling dis- pears indicates that it modifies one or both able to the extent that persons interested closure—and the ministerial require- of the two specific remedies referred to just and ordinarily skilled in the subject matter before it in the same sentence * * * [T]he use ments of that section—that the appli- or art, exercising reasonable diligence, can of the words ‘other’ immediately after the cation be copendent and specifically locate it and recognize and comprehend reference to back pay and before ‘equitable referenced. In effect, an application therefrom the essentials of the claimed in- relief’ demonstrated Congress’ understanding vention without need of further research or that meets the ministerial require- that the back pay remedy is equitable in na- experimentation. ments of copendency and specific ref- ture. erence is entitled to claim the benefit That is a quotation from Cordis Corp. Strom construed the phrase ‘‘may in- or priority, but only an application v. Boston Scientific Corp., 561 F.3d 1319, clude * * * back pay, * * * or any other that also offers an enabling disclosure 1333, Fed. Cir. 2009. That decision also equitable relief.’’ Universal City Studios, is actually entitled to the benefit or states that ‘‘[i]n general, accessibility Inc. v. Reimerdes, 111 F.Supp.2d 294, 325, priority itself. The language of para- goes to the issue of whether interested S.D.N.Y. 2000, holds that: graph (2) also expressly requires that members of the relevant public could the earliest application ‘‘describe’’ the The statute makes it unlawful to offer, obtain the information if they wanted provide or otherwise traffic in described subject matter, and the Office has tra- technology. To ‘traffic’ in something is to to.’’ See also In re Lister, 583 F.3d 1307, ditionally required that this disclosure engage in dealings in it, conduct that nec- Fed. Cir. 2009. be continuous, as discussed above. essarily involves awareness of the nature of Another important aspect of public Paragraph (2) can be criticized as the subject of the trafficking. * * * The availability or accessibility is the doc- codifying current BPAI common law phrase ‘or otherwise traffic in’ modifies and trine of inherency. ‘‘Under the doctrine and examination practice without fully gives meaning to the words ‘offer’ and ‘proof inherency, if an element is not ex- describing that practice. However, a vide.’ In consequence, the anti-trafficking pressly disclosed in a prior art ref- fully descriptive codification of the provision of the DMCA is implicated where erence, the reference will still be one presents, holds out or makes a cir- principles codified therein would be un- cumvention technology or device available, deemed to anticipate a subsequent duly long, requiring repetition of the knowing its nature, for the purpose of allow- claim if the missing element is nec- already somewhat inelegant language ing others to acquire it. essarily present in the thing described of section 120. Reimerdes construed the phrase in the reference, and that it would be Another aspect of the bill’s changes ‘‘offer to the public, provide, or other- so recognized by persons of ordinary to current section 102 also merits spe- wise traffic in any technology.’’ skill,’’ a point noted in Rosco, Inc. v. cial mention. New section 102(a)(1) Williamson v. Southern Regional Council, Mirror Lite Co., 304 F.3d 1373, 1380, Fed. makes two important changes to the Inc., 223 Ga. 179, 184, 154 S.E.2d 21, 25 Cir. 2002. This doctrine applies to prod- definition of non-patent prior art. (Ga. 1967), noted that: ucts sold to the public as well as pub- First, it lifts current law’s geographic lished references. Thus once a product The words ‘carrying on propaganda’ in this limits on what uses, knowledge, or statute must be construed in connection is sold on the market, any invention sales constitute prior art. And second, with the words following it, ‘or otherwise at- that is inherent to the product be- it limits all non-patent prior art to tempting to influence legislation.’ The use of comes publicly available prior art and that which is available to the public. the word ‘otherwise’ indicates that ‘carrying cannot be patented. This latter change is clearly identified on propaganda’ relates to ‘attempting to in- The present bill’s elimination of the in Senate Report 110–259, the report for fluence legislation.’ patent forfeiture doctrines in favor of a S. 1145, the predecessor to this bill in Williamson construed the phrase general public availability standard the 110th Congress. The words ‘‘other- ‘‘carrying on propaganda, or otherwise also limits and reconciles the various wise available to the public’’ were attempting to influence legislation.’’ purposes that previously have been as- added to section 102(a)(1) during that In other words, the Judiciary Com- cribed to section 102’s definition of Congress’s Judiciary Committee mark mittee’s design in adding the 2007 prior art. Current 102(b), which imposes up of the bill. The word ‘‘otherwise’’ amendment to section 102(a)(1), as ex- the forfeiture doctrines, has been de- makes clear that the preceding clauses pressed in the relevant committee re- scribed as being ‘‘primarily concerned

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.031 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1371 with the policy that encourages an in- the more unusual patent cases to come stitute prior art. A sale or use that dis- ventor to enter the patent system before the Supreme Court. That case closes an invention to the public is rel- promptly,’’ a quotation from Woodland held that: atively hard to falsify. If the invention Trust v. Flowertree Nursery, Inc., 148 whether the use of an invention is public or truly was made available to the public F.3d 1368, 1370, Fed. Cir. 1998. And the private does not necessarily depend upon the by sale or use, independent validation ‘‘overriding concern of the on-sale bar’’ number of persons to whom its use is known. of that sale or use should be readily has been described as ‘‘an inventor’s If an inventor, having made his device, gives available. By contrast, the existence of attempt to commercialize his inven- or sells it to another, to be used by the donee a secret offer for sale, or a nondis- tion beyond the statutory term,’’ as or vendee, without limitation or restriction, closing third-party use, largely will or injunction of secrecy, and it is so used, stated in Netscape Communications Corp. such use is public, even though the use and turn on the affidavits or statements of v. Konrad, 295 F.3d 1315, 1323, Fed. Cir. knowledge of the use may be confined to one the parties to such an occurrence. Un- 2002. person. fortunately, some foreign countries By adopting the first-to-file system, Egbert v. Lippman is another case continue to have weak business ethics however, the present bill already pro- whose result can fairly be character- and few scruples about bending the vides ample incentive for an inventor ized as extreme. The invention there rules to favor domestic interests over to enter the patent system promptly. was an improved corset spring. The evi- foreign competitors. A system that al- There is no need to also require for- dence showed only that the inventor lowed foreign interests to invalidate a feiture of patents simply because the had given the improved corset spring U.S. patent simply by securing state- inventor has made some use of the in- to one lady friend, who gave it to no ments from individuals that a secret vention that has not made the inven- other, and who used it in a corset, offer for sale or non-disclosing third- tion available to the public. And the which of course was worn under her party use of the invention had occurred current on-sale bar imposes penalties dress. The U.S. Supreme Court deemed in a foreign country would place U.S. not demanded by any legitimate public this to be a ‘‘public use’’ of the inven- inventors at grave risk of having their interest. There is no reason to fear tion within the meaning of section inventions stolen through fraud. That ‘‘commercialization’’ that merely con- 102(b). is not a risk that Congress is willing to sists of a secret sale or offer for sale Justice Miller dissented. He began by accept. but that does not operate to disclose noting that the word ‘‘public’’ in sec- In section 2(c), the present bill, for the invention to the public. tion 102(b) is ‘‘an important member of clarity’s sake, changes the previous The current forfeiture doctrines have the sentence.’’ Justice Miller went on bills’ recodification of section 103 of become traps for unwary inventors and to conclude: title 35 by replacing the word ‘‘though’’ impose extreme results to no real pur- A private use with consent, which could with ‘‘, notwithstanding that’’. The pose. In Beachcombers International, Inc. lead to no copy or reproduction of the ma- modified text reflects more conven- v. Wildewood Creative Products, Inc., 31 chine, which taught the nature of the inven- tional English usage. Also, in both the F.3d 1154, 1159–60, Fed. Cir. 1994, for ex- tion to no one but the party to whom such present bill and earlier versions, ample, an improved kaleidoscope was consent was given, which left the public at former subsection (b) of section 103 has held to be ‘‘in public use’’ within the large as ignorant of this as it was before the been dropped, since it has already been meaning of current section 102(b) be- author’s discovery, was no abandonment to subsumed in caselaw. And subsection cause the inventor had demonstrated the public, and did not defeat his claim for a (c), the CREATE Act, has been moved patent. If the little steep spring inserted in a the device to several guests at a party single pair of corsets, and used by only one to subsection (d) of section 102. in her own home. And in JumpSport, woman, covered by her outer-clothing, and In section 2(e) of the present bill, an Inc. v. Jumpking, Inc., 2006 WL 2034498, in a position always withheld from public ob- effective date is added to the repeal of Fed. Cir. July 21, 2006, the court of ap- servation, is a public use of that piece of statutory invention registrations. SIRs peals affirmed the forfeiture of a pat- steel, I am at a loss to know the line between are needed only so long as inter- ent for a trampoline enclosure on the a private and a public use. ferences exist. The bill repeals the au- ground that the enclosure had been in In this bill’s revisions to section 102, thority to initiate interferences 18 ‘‘public use’’ because neighbors had vindication has finally come to Justice months after the date of enactment. been allowed to use it in the inventor’s Miller, albeit 130 years late. The added effective-date language also back yard. Obviously, neither of these I emphasize these points about the repeals SIRs 18 months after enact- uses made the inventions accessible to bill’s imposition of a general public ment, making clear that preexisting persons interested and skilled in the availability standard and its elimi- SIRs will remain effective for purposes subject matter. The only effect of rul- nation of secret prior art because they of pending interferences, which may ings like these is to create heavy dis- are no small matter. A contrary con- continue under this bill. covery costs in every patent case, and struction of section 102(a)(1), which al- Section 2(e)(2) of the bill strikes the to punish small inventors who are un- lowed private and non-disclosing uses citation to section 115 from section aware of the pitfalls of the current def- and sales to constitute invalidating 111(b)(8)’s enumeration of application inition of prior art. prior art, would be fairly disastrous for requirements that do not apply to The present bill’s new section 102(a) the U.S. patent system. First, the bill’s provisionals. This conforming change precludes extreme results such as these new post-grant review, in which any is made because, in section 3 of the bill, and eliminates the use of the definition validity challenge can be raised, would section 115 itself has been amended so of prior art to pursue varied goals such be utterly unmanageable if the validity that it only applies to nonprovisionals. as encouraging prompt filing or lim- of all patents subject to review under In other words, there is no longer any iting commercialization. Instead, the the new system continued to depend on need for section 111(b)(8) to except out new definition of prior art will serve discovery-intensive searches for secret the oath requirement because that re- only one purpose: ‘‘to prevent the with- offers for sale and non-disclosing uses quirement no longer extends to drawal by an inventor of that which by third parties. Only patents issued provisionals. There is no need for an was already in the possession of the under the new prior-art rules can be ef- exception to a requirement that does public,’’ as noted in Bruckelmyer v. ficiently reviewed under chapter 32. not apply. Ground Heaters, Inc., 335 F.3d 1374, 1378, Second, a general public-availability Sections 2(h) and (i) of the present Fed. Cir. 2006. The new definition is standard is a necessary accompaniment bill make a number of changes to the ‘‘grounded on the principle that once to this bill’s elimination of geographic previous bills’ treatment of remedies an invention is in the public domain, it restrictions on the definition of prior for derivation. These changes are made is no longer patentable by anyone,’’ as art. As unwieldy as the current rules largely at the Patent Office’s sugges- stated in SRI International, Inc. v. Inter- may be, at least those rules allow only tion. In particular, the new section 135 net Security Systems, Inc., 511 F.3d 1186, those secret sales and private third- proceeding is simplified, the Office is 1194, Fed. Cir. 2008. party uses that occur in the United given authority to implement the pro- The present definition thus abrogates States to constitute prior art. Under ceeding through regulations, the Office the rule announced in Egbert v. the new regime, however, sales and is permitted to stay a derivation pro- Lippman, 104 U.S. 333, 336 (1881), one of uses occurring overseas will also con- ceeding pending an ex parte

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.033 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1372 CONGRESSIONAL RECORD — SENATE March 8, 2011 reexamintion, IPR, or PGR for the ear- able harm of allowing such products to Under this provision, a section 32 pro- lier-filed patent, and the Office is per- continue to circulate in commerce. ceeding must be initiated either within mitted but not required to institute a Indeed, it is not entirely clear how 10 years of when the underlying mis- proceeding if the Office finds substan- consumers would suffer any tangible conduct occurred, or within 1 year of tial evidence of derivation. In lieu of a harm from false marking that is dis- when the misconduct is reported to section 135 proceeding, parties will be tinct from that suffered when competi- that section of PTO charged with con- allowed to challenge a derived patent tors are deterred from entering a mar- ducting section 32 proceedings, which- through a civil action under a revised ket. Patent marking’s primary purpose ever is earlier. section 291. is to inform competitors, not con- It is not entirely clear how the time New section 2(k) of the bill elimi- sumers, that a product is patented. I limitation applies under present law. A nates the qui tam remedy for false doubt that consumers would take any recent D.C. Circuit case, 3M v. Browner, marking, while allowing a party that interest, for example, in whether a dis- 17 F.3d 1461 D.C. Cir. 1994, effectively has suffered a competitive injury as a posable plastic cup is subject to a pat- makes the 5-year statute of limitations result of such marking to seek compen- ent, to take one case recently decided that generally applies to enforcement satory damages. Section 292 of title 35 by the courts. Even less clear is how of civil penalties, at 28 U.S.C. § 2462, prohibits false patent marking and im- the consumer would be harmed by such run from the date when a violation oc- poses a penalty of $500 for each such of- marking, absent a deterrence of com- curred, rather than from the date when fense. Under current law, subsection (b) petition. Current section 292(b) creates the enforcement agency first learned of allows ‘‘any person’’ to sue for the pen- an incentive to litigate over false the violation or reasonably could have alty, and requires only that one half of marking that is far out of proportion learned of it. A recent Federal Circuit the proceeds of the suit shall go to the to the extent of any harm actually suf- case, Sheinbein v. Dudas, 465 F.3d 493, United States. Current subsection (b) fered or the culpability of a manufac- 496, Fed. Cir. 2006, applies the section is, in effect, a qui tam remedy for false turer’s conduct. 2462 5-year limitation to section 32 pro- marking, but without any of the pro- To the extent that false patent mark- ceedings, and applies 3M v. Browner’s tections and government oversight ing deters competition, the bill’s re- general rule, as described by Sheinbein, that normally accompany qui tam ac- vised section 292(b) allows those com- that ‘‘[a] claim normally accrues when tions. petitors to sue for relief. This remedy the factual and legal prerequisites for The changes made by section 2(k) of should be more than adequate to deter filing suit are in place.’’ However, an- the bill would allow the United States false marking that harms competition. other court case, S.E.C. v. Koenig, 557 to continue to seek the $500-per-article And to the extent that false marking F.3d 736, 739, 7th Cir. 2009, has recently fine, and would allow competitors to somehow harms the public in a manner held that when a fraud has occurred, recover in relation to actual injuries distinct from any injury to competi- section 2462 only runs from when the that they have suffered as a result of tors and competition, revised section fraud ‘‘could have been discovered by a false marking, but would eliminate 292(a) would allow the United States to person exercising reasonable dili- litigation initiated by unrelated, pri- seek relief on behalf of the public. The gence.’’ vate third parties. Justice Department can be expected to Although the Federal Circuit appears In recent years, patent attorneys be more judicious in its use of this to be inclined to follow 3M v. Browner, have begun to target manufacturers of remedy than is a private qui tam liti- it is not entirely clear that it would re- high-volume consumer products with gant seeking recovery that will benefit ject Koenig’s exception for cases of section 292(b) actions. Since the fine of him personally. These revisions to sec- fraud, Koenig having been decided sub- up to $500 is assessed for each article tion 292 should restore some equi- sequently to Sheinbein. In any event, that is falsely marked, such litigants librium to this field of litigation. neither rule would be entirely satisfac- have an incentive to target products Finally, because the Federal Circuit’s tory for section 32 proceedings. On the that are sold in high volume. Though recent decision in Forest Group, Inc. v. one hand, a strict five-year statute of one might assume that section 292 is Bon Tool Co., 590 F.3d 1295, Fed Cir. limitations that runs from when the targeted at parties that assert ficti- 2009, appears to have created a surge in misconduct occurred, rather than from tious patents in order to deter competi- false-marking qui tam litigation, the when it reasonably could have been dis- tors, such a scenario is almost wholly changes made by paragraph (1) of sec- covered, would appear to preclude a unknown to false-marking litigation. tion 2(k) of the bill are made fully ret- section 32 proceeding for a significant False-marking suits are almost always roactive by paragraph (2). Because the number of cases of serious misconduct, based on allegations that a valid pat- courts have had difficulty properly since prosecution misconduct often is ent that did cover the product has ex- construing effective-date language in not discovered until a patent is en- pired, but the manufacturer continued recent years, paragraph (2) employs the forced. On the other hand, a fraud ex- to sell products stamped with the pat- language of section 7(b) of Public Law ception that effectively tolls the stat- ent, or allegations that an existing pat- 109–366, the Military Commissions Act ute of limitations until the fraud rea- ent used to mark products is invalid or of 2006, which recently was given an au- sonably could have been discovered unenforceable, or that an existing and thoritative construction in Boumediene would be both overinclusive and under- valid patent’s claims should not be v. Bush, 476 F.3d 981, 987, D.C. Cir. 2007. inclusive. Such tolling could allow a construed to cover the product in ques- As that court noted when construing section 32 proceeding to be commenced tion. effective-date language identical to more than two decades after the attor- Indeed, a recent survey of such suits that of section 2(k)(2): ney’s misconduct occurred. This is well found that a large majority involved Section 7(b) could not be clearer. It states beyond the time period during which valid patents that covered the products that ‘‘the amendment made by subsection individuals can reasonably be expected in question but had simply expired. For (a)’’—which repeals habeas jurisdiction—ap- to maintain an accurate recollection of plies to ‘‘all cases, without exception’’ relat- many products, it is difficult and ex- ing to any aspect of detention. It is almost events and motivations. And yet, a pensive to change a mold or other as if the proponents of these words were fraud exception would also be under- means by which a product is marked as slamming their fists on the table shouting inclusive, since there is a substantial patented, and marked products con- ‘‘When we say ‘all,’ we mean all—without ex- range of misconduct that PTO should tinue to circulate in commerce for ception!’’ want to sanction that does not rise to some time after the patent expires. It It is anticipated that courts will find the level of fraud, which requires reli- is doubtful that the Congress that the same clarity in the language of sec- ance on the perpetrator’s misrepresen- originally enacted this section antici- tion 2(k)(2), and will apply the revised tations. pated that it would force manufactur- section 292(b) to cases pending at any Section 2(1) of the bill adopts neither ers to immediately remove marked level of appeal or review. 3M v. Browner nor Koenig’s approach, products from commerce once the pat- Section 2(l) of the present bill modi- but instead imposes an outward limit ent expired, given that the expense to fies the statute of limitations for initi- of 10 years from the occurrence of the manufacturers of doing so will gen- ating a proceeding to exclude an attor- misconduct for the initiation of a sec- erally greatly outweigh any conceiv- ney from practice before the Office. tion 32 proceeding. A 10-year limit

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.034 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1373 would appear to allow a proceeding for transitioning to the first-to-file sys- over, a later-filed application often will the vast bulk of misconduct that is dis- tem. Under this approach, if an appli- cite to multiple prior applications covered, while also staying within the cation contains or contained a claim to under section 120, each of which may limits of what attorneys can reason- an invention with an effective-filing list several inventors. Thus unless the ably be expected to remember. date that is 18 months after the date of Office can require the applicant to Paragraph (2) of section 2(l) requires enactment of the Act, the entire appli- identify which oath or other statement the Office to report to Congress every cation is subject to the first-to-file re- applies to the later-filed application, two years on incidents of misconduct gime. As a practical matter, this al- the Office may not be able to figure out that it becomes aware of and would lows applicants to flip their applica- who the inventor is for that later appli- have investigated but for the 10 year tions forward into the first-to-file sys- cation. limit. By providing a description of the tem, but prevents them from flipping In new section 115(h)(2), the present character and apparent seriousness of backward into the first-to-invent uni- bill replaces the word ‘‘under’’ with such incidents, these reports will alert verse once they are already subject to ‘‘meeting the requirements of’’ in order a future Congress if there is a need to first-to-file rules. to conform to the formulation used revisit the 10-year limit. If the number New section 100(i)(2) of title 35 en- later in the same sentence. and seriousness of such incidents is sures that reissues of first-to-invent In section 3(a)(3) of the bill, the substantial enough, it may outweigh patents will remain subject to first-to- changes to section 111(a) are modified the interest in repose with regard to invent rules. Also, continuations of to reflect that either an oath or dec- such matters. first-to-invent applications that do not laration may be submitted. Section 2(m) of the present bill re- introduce new matter will remain sub- In section 3(b), the present bill adds a quires the Small Business Administra- ject to first-to-invent rules. This last new paragraph (2) that modifies section tion to report to Congress on the ex- rule is important because if a continu- 251 to allow an assignee who applied for pected impact of the first-to-file sys- ation filed 18 months after the enact- a patent to also seek broadening re- tem on small businesses. On the one ment of the Act were automatically issue of the patent within two years of hand, some parties have suggested that subject to first-to-file rules, even if it its issue. Notwithstanding the lan- the first-to-file system will be rel- introduced no new matter, the Office guage of the fourth paragraph of cur- atively burdensome for small busi- likely would see a flood of continu- rent section 251, the Office currently nesses because it will require patent ation filings on the eve of the first-to- does allow assignees to seek broad- applicants to file their applications file effective date. Under subsection ening reissue, so long as the inventor earlier, and will require that more ap- (o), an applicant who wants to add to does not oppose the reissue. The Office plications be filed for a complex inven- his disclosure after this section’s 18- views such unopposed applications for tion. On the other hand, others have month effective date can choose to pull reissue as effectively being made ‘‘in suggested that the first-to-file system the whole invention into the first-to- the name’’ of the inventor. Expanding will be far simpler and cleaner to ad- file universe by including the new dis- an assignee’s right to seek broadening minister, that the ability to file provi- closure in a continuation of his pend- reissue is consistent with the bill’s sional applications mitigates the bur- ing first-to-invent application, or he changes to sections 115 and 118, which den of filing earlier, and that by induc- can choose to keep the pending appli- expand assignees’ rights by allowing ing American patent applicants to file cation in the first-to-file world by fil- assignees to apply for a patent against earlier, the first-to-file system is more ing the new disclosure as a separate in- the inventor’s wishes. If an assignee ex- likely to result in American patents vention. ercises his right to apply for a patent that are valid and have priority else- Paragraph (2) of subsection (o) pro- against the inventor’s wishes, there is where in the industrialized world. vides a remedy in situations in which no reason not to allow the same as- Under current law, even if an Amer- ican small business or independent in- interfering patents are issued, one of signee to also seek a broadening re- ventor is legally sophisticated enough which remains subject to first-to-in- issue within the section 251 time lim- to maintain the type of third-party vent rules, and the other of which was its. Turning to the issue of damages, at validation that will preserve his pri- filed earlier but has a later date of con- the end of the 110th Congress, I intro- ority under the first-to-invent system, ception and has transitioned into the duced a patent reform bill, S. 3600, that if that American inventor relies on first-to-file system. Paragraph (2) sub- proposed restrictions on the use of first-to-invent rules to delay filing his jects the latter patent to the first-to- some of the factors that are used to application, he runs a serious risk that invent rule, and allows the other pat- someone in another country will file an ent owner and even third parties to calculate a reasonable royalty. Discus- application for the same invention be- seek invalidation of that later-con- sions with patent-damages experts had fore the American does. Because the ceived interfering patent on that basis. persuaded me that several of the rest of the world uses the first-to-file In section 3(a) of the present bill, the metrics that are employed by litigants system, even if the American inventor language of section 115 of title 35, the are unsound, unduly manipulable and can prove that he was the first to have inventor’s oath requirement, has been subjective, and prone to producing ex- possession of the invention, the foreign tidied up from that appearing in earlier cessive awards. The most significant of filer would obtain the patent rights to versions of the bill. A grammatical the restrictions that I proposed in S. the invention everywhere outside of error is corrected, an unnecessary par- 3600 were limits on the use of sup- the United States. In today’s world, enthetical is struck, and stylistic posedly comparable licenses for other patent rights in Europe and Asia are changes are made. patents to value the patent in suit, and valuable and important and cannot be In the new section 115(g), a paragraph limits on the use of standardized meas- ignored. (2) has been added that allows the Di- ures such as the so-called rule of Section 2(n) of the bill requires the rector to require an applicant claiming thumb. These proposals are discussed Director to report on the desirability the benefit of an earlier-filed applica- in my statement accompanying the in- of authorizing prior-user rights, par- tion to include copies of previous introduction of S. 3600, at 154 CONGRES- ticularly in light of the adoption of a ventor’s oaths used in those applica- SIONAL RECORD S9982, S9984-85, daily ed. first-to-file system. tions. The Office cannot begin exam- September 27, 2008. I argued at the time In section 2(o) of the bill, the time ining an application until it knows who that the only way to ensure that courts for implementing the first-to-file sys- those inventors are, since their iden- and juries would stop using these tem has been moved to 18 months, so tity determines which prior art counts metrics ‘‘is for Congress to tell the that Congress might have an oppor- as prior art against the claimed inven- courts to disallow them.’’ tunity to act on the conclusions or rection. However, a later-filed application It appears that I underestimated the ommendations of the reports required is not currently required to name in- courts’ ability and willingness to ad- by subsections (m) and (n) before first- ventors. Such information is included dress these problems on their own. And to-file rules are implemented. in an application data sheet, but such I certainly did not anticipate the speed Subsection (o) generally adopts the data sheets are not always filed—the with which they might do so. Three re- Office’s preferred approach to requirement is not statutory. More- cent decisions from the Federal Circuit

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.035 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1374 CONGRESSIONAL RECORD — SENATE March 8, 2011 have sharply restricted the use of li- The present bill also makes no party confronted by a strong patent is censes for supposedly comparable pat- changes to the standard for awards of to take a license—and where no one ents to value the patent in suit. Lucent treble damages. As noted in the Minor- thinks that he can get away with copy- Technologies, Inc. v. Gateway, Inc., 580 ity Report to the committee report for ing. F.3d 1301, 1328, Fed. Cir. 2009, makes the 2009 bill, Senate Report 111-18 at Section 4(c) of the present bill adds a clear that mere ‘‘kinship’’ in a field of pages 58-60, that bill’s grounds for al- new section 298 to title 35. This section technology is not enough to allow use lowing awards of treble damages were bars courts and juries from drawing an of evidence of licenses for other pat- exceedingly narrow, and its safe har- adverse inference from an accused in- ents. Lucent bars the use of other-pat- bors were overly broad. That bill would fringer’s failure to obtain opinion of ent licenses where there is no showing have created immunity from willful- counsel as to infringement or his fail- of the significance of such other pat- ness damages even for an infringer who ure to waive privilege and disclose such ented inventions to their licensed prod- was fully aware of a patent and had no an opinion. The provision is designed ucts, or no showing of how ‘‘valuable or real doubts as to its validity. It also to protect attorney-client privilege and essential’’ those other licensed inven- created immunity, in some cases, even to reduce pressure on accused infring- tions are. In a similar vein, for infringers who had engaged in wan- ers to obtain opinions of counsel for ResQNet.com, Inc. v. Lansa, Inc., 594 ton conduct such as deliberate copying. litigation purposes. It reflects a policy F.3d 860, 870, 872, Fed. Cir. 2010, con- Awards of enhanced damages play an choice that the probative value of this demns the use of ‘‘unrelated’’ licenses important role in the U.S. patent sys- type of evidence is outweighed by the for other patents as a measure of value tem. It is not uncommon that a manu- harm that coercing a waiver of attor- and makes clear that a supposedly facturer will find itself in a situation ney-client privilege inflicts on the at- comparable license must have ‘‘an eco- where it feels great pressure to copy a torney-client relationship. Permitting nomic or other link to the technology competitor’s patented invention. In a adverse inferences from a failure to procure an opinion or waive privilege in question.’’ And Wordtech Systems, typical scenario, the sales staff report undermines frank communication be- Inc. v. Integrated Network Solutions, that they are losing sales because the tween clients and counsel. It also feeds Inc., 609 F.3d 1308, 1320, Fed. Cir. 2010, competitor’s product has a particular the cottage industry of providing such recently reiterated that ‘‘comparisons feature. The manufacturer’s engineers opinions—an industry that is founded discover that the feature is protected of past patent licenses to the infringe- on an unhealthy relationship between by a valid patent, and they find that ment must account for the techno- clients and counsel and which amounts they are unable to produce the same logical and economic differences be- to a deadweight loss to the patent sys- feature without infringing the patent. tween them.’’ tem. Some lawyers develop a lucrative And just two months ago, I was par- The company then has two choices. It business of producing these opinions, ticularly pleased to see the Federal can choose to continue to try to repro- and inevitably become aware that con- Circuit announce, in Uniloc USA, Inc. v. duce or substitute for the patented fea- tinued requests for their services are Microsoft Corp.,llll F.3dllll, ture, and as it does so, continue to lose contingent on their opinions’ always 2011 WL 9738, Fed. Cir. 2011, that the market share, and in some cases, lose coming out the same way—that the ‘‘court now holds as a matter of Fed- convoyed sales of associated products patent is invalid or not infringed. Sec- eral Circuit law that the 25 percent or services. Or it can choose to infringe tion 298 reflects legislative skepticism rule of thumb is a fundamentally the competitor’s patent. of the probative value of such opinions. flawed tool for determining a baseline Treble damages are authorized in Section 298 applies to findings of both royalty rate in a hypothetical negotia- order to deter manufacturers from willfulness and intent to induce in- tion.’’ The court ruled that testimony choosing the second option. Absent the fringement—and thus legislatively ab- based on the rule of thumb is inadmis- threat of treble damages, many manu- rogates Broadcom Corp. v. Qualcomm sible under the Daubert standard. facturers would find that their most fi- Inc., 543 F.3d 683, Fed. Cir. 2008. That The rule of thumb is a particularly nancially reasonable option is simply case held, at page 699, that: arbitrary and inaccurate measure of to infringe patents. Lost-profits dam- Because opinion-of-counsel evidence, along patent value. I am glad to see that it ages are often hard to prove or unavail- with other factors, may reflect whether the will no longer be used. able. The patent owner is always enti- accused infringer ‘knew or should have The Lucent case that I quoted earlier tled to a reasonable royalty, but under known’ that its actions would cause another also struck down a damages award that that standard, the infringer often can to directly infringe, we hold that such evi- was based on the entire market value keep even some of the profits produced dence remains relevant to the second prong of the infringing product. The court did of the intent analysis. Moreover, we disagree by his infringing behavior. Without so because there was no substantial with Qualcomm’s argument and further hold treble damages, many companies would evidence that the patented invention that the failure to procure such an opinion was the basis for consumer demand for find it economically rational to in- may be probative of intent in this context. the product. See Lucent, 580 F.3d at fringe valid patents. Section 284’s au- Section 5 of the bill has been sub- 1337–38. This holding addresses one of thorization of treble damages is de- stantially reorganized and modified the principal complaints that I have signed to persuade these companies since the 2009 bill. In general, the heard about patent-damages calcula- that their best economic option is to changes to this part of the bill aim to tions. And it effects a reform that Con- respect valid patents. make inter partes and post-grant re- gress itself cannot enact. Existing law If patents were routinely ignored and view into systems that the Patent Of- already required that the invention be infringed, the patent system would fice is confident that it will be able to the basis for consumer demand before cease to be of use to many companies administer. The changes also impose damages can be assessed on the whole and other entities that do some of our procedural limits on post-grant admin- product, and the law already required nation’s most important research and istrative proceedings that will prevent parties to support their contentions development. These companies are abuse of these proceedings for purposes with legally sufficient evidence. Con- profitable because people respect their of harassment or delay. gress can change the underlying law, patents and voluntarily pay a license. Accused infringers, however, also will but it cannot make the courts enforce They would not be viable enterprises if benefit from some of the changes made it. The Lucent case did so. they always had to sue in order to get by the present bill. The bill eliminates The limits that I had proposed in S. paid for others’ use of their patented current law’s requirement, at section 3600 on the use of metrics such as the inventions. 317(b) of title 35, that an inter partes rule of thumb, and that bill’s restric- By dropping the 2009 bill’s restric- reexamination be terminated if litiga- tions on the use of licenses for com- tions on treble-damages awards, the tion results in a final judgment. It also parable patents to value the patent in present bill preserves these awards’ removes the bar on challenging pre-1999 suit, are rendered superfluous by these role as a meaningful deterrent to reck- patents in inter partes proceedings. All intervening judicial decisions. The less or wanton conduct. Ultimately, we patents can now be challenged in inter present bill appropriately leaves pat- want a treble-damages standard that partes review. ent-damages law to common law devel- creates an environment where the most In addition, the bill creates a new opment in the courts. economically reasonable option for a post-grant review in which a patent

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.036 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1375 can be challenged on any validity present bill, section 316(a)(4) gives the present bill are its elevated thresholds ground during the first nine months Office discretion in prescribing regula- for instituting inter partes and post- after its issue. Challengers who use tions governing the new proceeding. grant reviews. The present bill dis- this proceeding will be estopped in liti- The Office has made clear that it will penses with the test of ‘‘substantial gation from raising only those issues use this discretion to convert inter new question of patentability,’’ a that were raised and decided in the partes into an adjudicative proceeding. standard that currently allows 95% of post-grant review, rather than all This change also is effectively com- all requests to be granted. It instead issues that could have been raised, the pelled by new section 316(e), which as- imposes thresholds that require peti- standard employed in inter partes reex- signs to the petitioner the burden of tioners to present information that amination. proving a proposition of creates serious doubts about the pat- The present bill also softens the unpatentability by a preponderance of ent’s validity. Under section 314(a), could-have-raised estoppel that is ap- the evidence. Because of these changes, inter partes review will employ a rea- plied by inter partes review against the name of the proceeding is changed sonable-likelihood-of-success thresh- subsequent civil litigation by adding from ‘‘inter partes reexamination’’ to old, and under section 324(a), post- the modifier ‘‘reasonably.’’ It is pos- ‘‘inter partes review.’’ grant review will use a more-likely- sible that courts would have read this The present bill also makes changes than-not-invalidity threshold. limitation into current law’s estoppel. to the petition requirements that ap- Satisfaction of the inter partes re- Current law, however, is also amenable pear in new sections 312(a)(5) and view threshold of ‘‘reasonable likeli- to the interpretation that litigants are 322(a)(5). These sections have been hood of success’’ will be assessed based estopped from raising any issue that it modified to require petitioners to pro- on the information presented both in would have been physically possible to vide to the patent owner the same the petition for review and in the pat- raise in the inter partes reexamination, identification of any real parties in in- ent owner’s response to the petition. even if only a scorched-earth search terest or privies that is provided to the The ‘‘reasonable likelihood’’ test is around the world would have uncovered Office. The Office anticipates that pat- currently used in evaluating whether a the prior art in question. Adding the ent owners will take the initiative in party is entitled to a preliminary in- determining whether a petitioner is the modifier ‘‘reasonably’’ ensures that junction, and effectively requires the real party in interest or privy of a could-have-raised estoppel extends petitioner to present a prima facie case party that is barred from instituting a only to that prior art which a skilled justifying a rejection of the claims in proceeding with respect to the patent. searcher conducting a diligent search Language that previously appeared the patent. Post-grant review uses the ‘‘more reasonably could have been expected to as the last sentences of what are now likely than not invalid’’ test. This discover. sections 312(c) and 322(c), and which Section 5(a) of the 2009 version of the slightly higher threshold is used be- stated that failure to file a motion to bill, which would amend section 301, cause some of the issues that can be seal will result in pleadings’ being has been modified and moved to sec- raised in post-grant review, such as placed in the record, has been struck. tion 5(g) of the bill. This provision al- enablement and section 101 invention At best this sentence was redundant, lows written statements of the patent and at worst it created an ambiguity as issues, may require development owner regarding claim scope that have to whether material accompanying the through discovery. The Office wants to been filed in court or in the Office to be pleadings also would be made public ensure that petitioners raising such made a part of the official file of the absent a motion to seal. issues present a complete case at the patent, and allows those statements to Many of the procedural limits added outset, and are not relying on obtain- be considered in reexaminations and to inter partes and post-grant review ing information in discovery in the inter partes and post-grant reviews for by the present bill are borrowed from post-grant review in order to satisfy purposes of claim construction. This S. 3600, the bill that I introduced in the their ultimate burden of showing inva- information should help the Office un- 110th Congress. My comments accom- lidity by a preponderance of the evi- derstand and construe the key claims panying the introduction of that bill, dence. of a patent. It should also allow the Of- at 154 CONGRESSIONAL RECORD S9982– Subsections (a) and (b) of sections 315 fice to identify inconsistent state- S9993, daily ed. Sept. 27, 2008, are rel- and 325 impose time limits and other ments made about claim scope—for ex- evant to those provisions of the present restrictions when inter partes and ample, cases where a patent owner suc- bill that are carried over from S. 3600, post-grant review are sought in rela- cessfully advocated a claim scope in particularly to the extent that the tion to litigation. Sections 315(a) and district court that is broader than the comments disclose understandings 325(a) bar a party from seeking or ‘‘broadest reasonable construction’’ reached with the Patent Office, con- maintaining such a review if he has that he now urges in an inter partes re- scious use of terms of art, or the rea- sought a declaratory judgment that view. soning behind various provisions. Rel- the patent is invalid. This restriction The present bill preserves the agree- evant passages include page S9987’s dis- applies, of course, only if the review ment reached in the 2009 Judiciary cussion of the use of the adjudicative petitioner has filed the civil action. Committee mark up to maintain the or oppositional model of post-grant re- These two subsections (a) do not re- current scope of inter partes pro- view and estoppel against parties in strict the rights of an accused infringer ceedings: only patents and printed pub- privity, and page S9988’s discussion of who has been sued and is asserting in- lications may be used to challenge a what is now section 324(b)’s additional validity in a counterclaim. That situa- patent in an inter partes review. threshold for instituting a post-grant tion is governed by section 315(b), One important structural change review, the expectation that the Direc- which provides that if a party has been made by the present bill is that inter tor will identify the issues that satis- sued for infringement and wants to partes reexamination is converted into fied the threshold for instituting an seek inter partes review, he must do so an adjudicative proceeding in which inter partes or post-grant review, the within 6 months of when he was served the petitioner, rather than the Office, meaning of ‘‘properly filed’’ when used with the infringement complaint. bears the burden of showing in the joinder provisions in sections Section 325(b) provides that if a pat- unpatentability. Section 5(c) of the 315(c) and 325(c), the authorization to ent owner sues to enforce his patent previous bill eliminated language in consolidate proceedings in sections within three months after it is granted, section 314(a) that expressly required 315(d) and 325(d), and the standards for a court cannot refuse to consider a mo- inter partes reexamination to be run as discovery in sections 316(a)(6) and tion for a preliminary injunction on an examinational rather than adjudica- 326(a)(5). Also relevant is page S9991’s the basis that a post-grant review has tive proceeding, but failed to make discussion of the excesses and effects of been requested or instituted. A patent conforming changes eliminating provi- inequitable-conduct litigation, which owner who sues during this period is sions in section 314(b) that effectively informs this bill’s provisions relating likely to be a market participant who would have required inter partes reex- to that doctrine. already has an infringer intruding on amination to still be run as an Among the most important protec- his market, and who needs an injunc- examinational proceeding. In the tions for patent owners added by the tion in order to avoid irreparable harm.

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.038 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1376 CONGRESSIONAL RECORD — SENATE March 8, 2011 This provision strengthens and carries grant or inter partes review. This effec- view of strength of the second petition; over to post-grant review the rule of tively bars such a party or his real par- and whether the petitioner has offered Procter & Gamble Co. v. Kraft Foods ties in interest or privies from later to pay the patent owner’s costs. Global, Inc., 549 F.3d 842, Fed. Cir. 2008. using inter partes review or ex parte Sections 316(a)(6) and 326(a)(5) pre- Sections 315(c) and 325(c) allow join- reexamination against the same pat- scribe standards for discovery. In inter der of inter partes and post-grant re- ent, since the only issues that can be partes review, discovery is limited to views. The Office anticipates that join- raised in an inter partes review or ex deposition of witnesses submitting affi- der will be allowed as of right—if an parte reexamination are those that davits or declarations, and as other- inter partes review is instituted on the could have been raised in the earlier wise necessary in the interest of jus- basis of a petition, for example, a party post-grant or inter partes review. The tice. In post-grant review, discovery is that files an identical petition will be Office recognizes that it will need to broader, but must be limited to evi- joined to that proceeding, and thus al- change its regulations and require that dence directly related to factual asser- lowed to file its own briefs and make ex parte reexamination requesters tions advanced by either party. For its own arguments. If a party seeking identify themselves to the Office in commentary on these standards, which joinder also presents additional chal- order for the Office to be able to en- are adopted from S. 3600, see 154 CON- lenges to validity that satisfy the force this new restriction. GRESSIONAL RECORD S9988–89, daily ed. threshold for instituting a proceeding, The present bill also incorporates S. Sept. 27, 2008. the Office will either join that party 3600’s extension of the estoppels and Sections 316(a)(12) and 326(a)(11) pro- and its new arguments to the existing other procedural limits in sections 315 vide that inter partes and post-grant proceeding, or institute a second pro- and 325 to real parties in interest and reviews must be completed within 12 ceeding for the patent. The Director is privies of the petitioner. As discussed months of when the proceeding is insti- given discretion, however, over wheth- at 154 CONGRESSIONAL RECORD S9987, tuted, except that the Office can ex- er to allow joinder. This safety valve daily ed. Sept. 27, 2008, privity is an eq- tend this deadline by 6 months for good will allow the Office to avoid being uitable rule that takes into account cause. Currently, inter partes reexam- overwhelmed if there happens to be a the ‘‘practical situation,’’ and should inations usually last for 3 to 5 years. deluge of joinder petitions in a par- extend to parties to transactions and Because of procedural reforms made by ticular case. other activities relating to the prop- the present bill to inter partes pro- In the second sentence of section erty in question. Ideally, extending ceedings, the Patent Office is confident 325(d), the present bill also authorizes could-have-raised estoppel to privies that it will be able to complete these the Director to reject any request for will help ensure that if an inter partes proceedings within one year. Among ex parte reexamination or petition for review is instituted while litigation is the reforms that are expected to expe- post-grant or inter partes review on pending, that review will completely dite these proceedings are the shift the basis that the same or substan- substitute for at least the patents-and- from an examinational to an adjudica- tially the same prior art or arguments printed-publications portion of the tive model, and the elevated threshold previously were presented to the Office. civil litigation. Whether equity allows for instituting proceedings. The ele- This will prevent parties from mount- extending privity estoppel to codefend- vated threshold will require chal- ing attacks on patents that raise issues ants in litigation, however, will depend lengers to front load their case. Also, that are substantially the same as in large measure upon the actions of by requiring petitioners to tie their issues that were already before the Of- the patent owner, and whether he has challenges to particular validity argu- fice with respect to the patent. The made it reasonably and reliably clear ments against particular claims, the Patent Office has indicated that it cur- which patent claims he is asserting and new threshold will prevent challenges rently is forced to accept many re- what they mean. If one defendant has from ‘‘mushrooming’’ after the review quests for ex parte and inter partes re- instituted an inter partes review, but is instituted into additional arguments examination that raise challenges that other defendants do not have an oppor- employing other prior art or attacking are cumulative to or substantially tunity to join that review before it be- other claims. overlap with issues previously consid- comes reasonably clear which claims Although sections 316 and 326 do not ered by the Office with respect to the will be litigated and how they will be regulate when and how petitioners will patent. construed, it would be manifestly un- be allowed to submit written filings The second sentence of section 325(d) fair to extend privity estoppel to the once a review is instituted, the Office complements the protections against codefendants. has made clear that it will allow peti- abuse of ex parte reexamination that The Office also has the authority to tioners to do so via the regulations im- are created by sections 315(e) and address such scenarios via its author- plementing the proceedings. Sections 325(e). The estoppels in subsection (e) ity under section 316(a)(5), which gives 316 and 326 do clearly allow petitioners will prevent inter partes and post- the Office discretion in setting a time to obtain some discovery and to have grant review petitioners from seeking limit for allowing joinder. The Office an oral hearing. Obviously, it would ex parte reexamination of issues that has made clear that it intends to use make no sense to do so if petitioners were raised or could have been raised this authority to encourage early re- were not also allowed to submit writ- in the inter partes or post-grant requests for joinder and to discourage ten arguments. The bill conforms to view. The Office has generally declined late requests. The Office also has indi- the Office’s preference, however, that it to apply estoppel, however, to an issue cated that it may consider the fol- be given discretion in determining the that is raised in a request for inter lowing factors when determining procedures for written responses and partes reexamination if the request whether and when to allow joinder: dif- other filings, in order to avoid the for- was not granted with respect to that ferences in the products or processes malism of current chapter 31, which issue. Under section 325(d), second sen- alleged to infringe; the breadth or un- adds substantially to the delays in that tence, however, the Office could never- usualness of the claim scope that is al- proceeding. theless refuse a subsequent request for leged, particularly if alleged later in The bill also eliminates intermediate ex parte reexamination with respect to litigation; claim-construction rulings administrative appeals of inter partes such an issue, even if it raises a sub- that adopt claim interpretations that proceedings to the BPAI, instead allow- stantial new question of patentability, are substantially different from the ing parties to only appeal directly to because the issue previously was pre- claim interpretation used in the first the Federal Circuit. By reducing two sented to the Office in the petition for petition when that petition’s interpre- levels of appeal to just one, this change inter partes or post-grant review. tation was not manifestly in error; will substantially accelerate the reso- Under paragraph (1) of sections 315(e) whether large numbers of patents or lution of inter partes cases. and 325(e), a party that uses inter claims are alleged to be infringed by Sections 5(c)(2)(C) and 5(c)(3) of the partes or post-grant review is estopped one or more of the defendants; consent bill provide for a transition from cur- from raising in a subsequent PTO proof the patent owner; a request of the rent inter partes reexamination to new ceeding any issue that he raised or rea- court; a request by the first petitioner inter partes review. To protect the Of- sonably could have raised in the post- for termination of the first review in fice from being overwhelmed by the

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.040 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1377 new inter partes and post-grant pro- tion of de novo Review in Ex parte Pat- cuit jurisdiction over appeals from ap- ceedings, sections 5(c)(2)(C) and 5(f)(2) ent Reexaminations (circulated April plications and interferences. It appears allow the Director to place a limit on 16, 2010). This article criticizes the that Congress never gave the Federal the number of post-grant and inter draft managers’ amendment that Sen- Circuit jurisdiction over appeals from partes reviews that will be instituted ators LEAHY and SESSIONS circulated in reexaminations when it created those during the first four years that the pro- March 2010 on the ground that it elimi- proceedings. The language of subpara- ceedings are in effect. It is understood nates authority for a patent owner to graph (A) is also generalized and clari- that if the Office rejects a petition dur- have relief by civil action under sec- fied, recognizing that the details of ing this period because of this numer- tion 145 from an adverse decision in the what is appealable will be in sections ical limit, it will make clear that the BPAI on review of an ex parte reexam- 134 and 141. Also, for logical consist- rejection was made because of this ination. It is fairly apparent, however, ency, language is added to subpara- limit and not on the merits of the va- that this authority was intended to be graph (A) making clear that section 145 lidity challenges presented in the peti- eliminated by the amendments made and 146 proceedings are an exception to tion. Otherwise, even a challenger with by section 4605 of the American Inven- the Federal Circuit’s otherwise exclu- strong invalidity arguments might be tors Protection Act of 1999, Public Law sive appellate jurisdiction over applica- deterred from using inter partes or 106–113, to sections 134 and 141 of title tions and interferences under that sub- post-grant review by fear that his peti- 35. The 2010 managers’ amendment sim- paragraph. tion might be rejected because of the ply maintained the AIPA’s changes to In section 6(c)(3) of the bill, section numerical limit, and the fact of the re- sections 134 and 141. 143 of title 35 is modified to allow the jection would then be employed by the The AIPA neglected, however, to Director to intervene in the appeal of a patent owner in civil litigation to sug- eliminate a cross reference to section decision of the PTAB in an inter partes gest that the experts at the Patent Of- 145 in section 306 of title 35, which de- or post-grant review or a derivation fice found no merit in the challenger’s lineates the appeals available from ex proceeding. arguments. parte reexaminations. The mainte- In the effective-date provision at the Similarly, under subsection (a)(2) of nance of this cross reference in section end of section 6, various existing au- sections 316 and 326, the Office is re- 306 created an ambiguity as to whether thorities are extended so that they quired to implement the inter partes the AIPA did, in fact, eliminate a pat- may continue to apply to inter partes and post-grant review thresholds via ent owner’s right to seek remedy in the reexaminations commenced under the regulations, and under subsection (b) of district court under section 145 from an old system, and the apparent gap in those sections, in prescribing regula- adverse BPAI decision on review of an current section 1295(a)(4)(A)’s author- tions, the Office is required to take ex parte reexamination. See Sigram ization of jurisdiction is immediately into account, among other things, the Schindler Beteiligungsgesellschaft mbH v. filled with respect to all inter partes Office’s ability ‘‘to timely complete Kappos, 93 USPQ2d 1752, E.D. Va. 2009, and ex parte reexaminations. proceedings instituted under’’ those (Ellis, J.), notes that ‘‘the fact that In section 7, the present bill makes chapters. It is expected that the Office § 306 continues to cross-reference § 141 several PTO-recommended changes to will include in the threshold regula- to 145 following the AIPA’s enactment previous bill versions’ authorization to tions a safety valve that allows the Of- appears to be in tension with the AIPA make preissuance submissions of prior fice to decline to institute further pro- amendment to § 141.’’ art. In paragraph (1) of new section ceedings if a high volume of pending Section 5(h)(2) of the present bill 122(e) of title 35, the word ‘‘person’’ has proceedings threatens the Office’s abil- eliminates this ambiguity by striking been replaced with ‘‘third party,’’ so ity to timely complete all proceedings. the citation to section 145 from section that submissions may only be sub- The present bill’s inclusion of this reg- 306 of title 35. mitted by third parties. This addresses ulations consideration in subsection (b) Section 6 of the bill includes all pro- the Office’s concern that applicants reflects a legislative judgment that it visions of the bill addressing the juris- might otherwise use section 122(e) to is better that the Office turn away diction of the Patent Trial and Appeal submit prior art and thereby evade some petitions that otherwise satisfy Board and administrative and judicial other examination disclosure require- the threshold for instituting an inter appeals. In section 6(a), the recodifica- ments. partes or post-grant review than it is tion of section 6 of title 35 is modified In subparagraph (A) of section to allow the Office to develop a backlog so that all members of the PTAB can 122(e)(1), the word ‘‘given’’ has been of instituted reviews that precludes the participate in all proceedings. Also, added. This has the effect of including Office from timely completing all pro- subsection (d) is added to the recodifi- email notices of allowances. ceedings. Again, though, if the Office cation of section 6 of title 35. By omit- In clause (i) of section 122(e)(1)(B), rejects a petition on the basis of this ting this provision, the 2009 bill would the word ‘‘first’’ has been added. This subsection (b) consideration, rather have effectively repealed the APJ ‘‘ap- change was sought by the Office, which than on the basis of a failure to satisfy pointments fix’’ that had been enacted prefers to limit submissions to the first the substantive standards of the in 2008. publication for two reasons. First, re- thresholds in section 314 or 324, it is ex- In section 6(c) of the bill, section 141 publications overwhelmingly only nar- pected that Office will make this fact of title 35 is modified to allow appeals row the claims, and in such cases any- clear when rejecting the petition. of PTAB decisions in inter partes and one who would want to submit prior Section 5(c)(3) of the present bill ap- post-grant reviews, and the section is art could have done so at the first pub- plies the bill’s new threshold for insti- edited and reorganized. To address the lication. Second, and more impor- tuting an inter partes review to re- continuing need to allow appeals of tantly, most republications occur only quests for inter partes reexamination pending interferences, language has after the first office action, when there that are filed between the date of en- been added to section 5(f)(3) of the bill is usually rapid back-and-forth action actment of the bill and one year after that deems references to derivation on the application between the appli- the enactment of the bill. This is done proceedings in the current appeals cant and the Office. Allowing third par- to ensure that requesters seeking to statutes to extend to interferences ties to make prior-art submissions at take advantage of the lax standards of commenced before the effective date of this point would require the Office to the old system do not overwhelm the the bill’s repeal of interferences, and wait six months after the republication Office with requests for inter partes re- that allows the Director to deem the in order to allow such submissions, and examination during the year following PTAB to be the BPAI for purposes of would otherwise greatly slow down this enactment of the bill. pending interferences and to allow the otherwise relatively speedy final phase Finally, section 5(h)(2) of the bill ad- PTAB to conduct such interferences. of prosecution. dresses an issue raised by a recent pub- In section 6(c)(2) of the bill, section Also in clause (i) of section lication, Charles E. Miller & Daniel P. 1295(a)(4)(A) of title 28 is modified to 122(e)(1)(B), the words ‘‘by the Office’’ Archibald, The Destructive Potential authorize appeals of reexaminations are added to ensure that only publica- of the Senate Version of the Proposed and reviews. Interestingly, current tion by the United States Patent and Patent Reform Act of 2010: The Aboli- 1295(a)(4)(A) only gives the Federal Cir- Trademark Office begins the period for

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.041 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1378 CONGRESSIONAL RECORD — SENATE March 8, 2011 making pre-issuance submissions. The changeably with ‘‘invalidity’’ in this gation but also in post-grant reviews of Office sought this change because a for- bill as well. Obviously, Congress would patents under chapter 32. eign publication can be deemed a publi- not create a procedure for reexamining At subsections (a) through (h), sec- cation under section 122, and the Office patents that allowed them to be pro- tion 16 of the bill has been modified by wants to ensure that it is only required tected against subsequent inequitable- reinserting language that eliminates to collect third-party submissions for conduct challenges of unenforceability, various deceptive-intent requirements an application if that application is ac- only to allow the same patents to be that relate to correcting the naming of tually filed in the United States. challenged on the same basis and de- the inventor or a joint inventor, ob- Section 8 of the present bill omits clared invalid on the basis of inequi- taining a retroactive foreign filing li- provisions appearing in prior bills that table conduct. cense, seeking section 251 reissue, or would have created an expanded right While some critics of this proposal enforcing remaining valid claims if a to an interlocutory appeal from claim- have suggested that it would immunize claim is invalidated. See generally construction rulings. Even as revised misconduct by inventors and practi- Kearney & Trecker Corp. v. Giddings & in the 2009 Judiciary Committee mark tioners, I would note that the Patent Lewis, Inc., 452 F.2d 579, 596, 7th Cir. up, previous section 8(b) gave the Fed- Office has ample authority to sanction 1971. These changes were first proposed eral Circuit insufficient discretion to such misconduct. Under section 32 of in section 5 of the original Patent Re- turn away such appeals and posed a se- title 35, the Office can bar an attorney form Act of 2005, H.R. 2795, 109th Con- rious risk of overwhelming the court. from appearing before the Office if he gress, and have been advocated by uni- The 2009 mark-up revisions allowed the has engaged in misconduct in any pro- versities and their technology-transfer Federal Circuit to reject an interlocu- ceeding before the Office. In section 2(l) offices. For reasons that are not en- tory appeal if it found clear error in of this bill, we have extended the stat- tirely clear, subsequent bills main- the district court’s certification that ute of limitations for initiating such a tained this section and its addition of there is a sufficient evidentiary record proceeding. Under current regulations, substructure and titles to the affected for an interlocutory appeal and that the Office also sanctions misconduct by code sections, but struck the sub- such an appeal may advance the termi- striking offending filings or reducing stantive part of the section—i.e., its nation of the litigation or will likely the weight that they are given. And the elimination of the deceptive-intent re- control the outcome of the case. It Federal Circuit has recognized that the quirements. would be difficult in any case, however, Office also ‘‘has inherent authority to Eliminating the various deceptive-in- to reject a finding that an interlocu- govern procedure before the [Office],’’ tent requirements moves the U.S. pat- tory appeal of claim-construction rul- as noted in In re Bogese II, 303 F.3d ent system away from the 19th century ings may lead to the termination of the 1362, 1368, Fed. Cir. 2002, and that inher- model that focused on the patent own- litigation. Moreover, if a district judge ent authority to sanction attorneys for er’s subjective intent, and towards a has certified a case for interlocutory misconduct is not restricted to Article more objective-evidence-based system appeal, it is very unlikely that the III courts, a point noted in In re Bai- that will be much cheaper to litigate record that he has created would sup- ley, 182 F.3d 860, 864 n.4, Fed. Cir. 1999. and more efficient to administer. port a finding that his decision is clear- Given the Office’s existing tools for Section 16(i) of the present bill cor- ly erroneous. And finally, given the sanctioning misconduct, there is no rects several errors and typos through- disdain for patent cases felt by a sub- need to make the courts into super- out title 35 that are noted in the revis- stantial number of district judges, visors of attorney conduct in Office er’s notes to the U.S. Code. there is a serious likelihood that a proceedings. It is doubtful that a prac- Section 16(j) strikes unnecessary ref- large number of judges would take ad- titioner who is discovered to have en- erences to ‘‘of this title’’ that are vantage of a new authorization from gaged in substantial misconduct in pro- sprinkled throughout title 35. The 1952 Congress to send away such cases to ceedings before the Office would escape Act included such unnecessary ref- the Federal Circuit, with the hope that adequate and effective sanction by the erences, but more recent additions to they do not return. Current law’s grant Office itself. the code have not, and the current of discretion to the Federal Circuit to Section 11 of the bill repeals the so- bill’s changes omit such references. Be- entertain interlocutory appeals of called Baldwin rule, which requires cause the unnecessary references great- claim-construction rulings strikes the judges on the Federal Circuit to live ly outnumber the necessary references, appropriate balance. within 50 miles of Washington, D.C. the provision is written to strike all Section 10 of the present bill author- Subsection (b) provides that the repeal references but then except out the nec- izes supplemental examination of a of the Baldwin rule shall not be con- essary references. patent to correct errors or omissions in strued to imply that the Administra- The present bill’s new section 17 en- proceedings before the Office. Under tive Office of the Courts must provide acts the so-called Holmes Group fix, this new procedure, information that court facilities or administrative sup- H.R. 2955, 109th Congress, which was re- was not considered or was inadequately port services to judges who choose to ported out of the House Judiciary Com- considered or was incorrect can be pre- reside outside of the District of Colum- mittee in 2006. The committee report sented to the Office. If the Office deter- bia. This proviso does not affect the accompanying that bill, House Report mines that the information does not AOC’s existing authority to provide 109–407, explains the bill’s reasons for present a substantial new question of services to judges outside of the Dis- abrogating Holmes Group, Inc. v. patentability or that the patent is still trict of Columbia. Its reference to Vornado Air Circulation Systems, Inc., valid, that information cannot be used ‘‘court facilities’’ means space within a 535 U.S. 826 (2002), and more fully pre- as a basis for an inequitable-conduct courthouse or federal building, and the cluding state court jurisdiction over attack on the surviving patent in civil reference to ‘‘administrative support patent legal claims. litigation. New section 257(c)(1) follows services’’ means those services that Section 17 makes two modifications the usual practice of referring to in- would be provided to judges within a to the reported version of H.R. 2955. equitable-conduct attacks in terms of courthouse or federal building. The first modification, at subsection unenforceability, rather than inva- In section 15 of the bill, a conforming (c), limits the bill’s expansion of Fed- lidity, though courts have in the past subsection (b) has been added to ensure eral Circuit jurisdiction to only com- used the terms interchangeably when that the best-mode requirement cannot pulsory counterclaims asserting patent describing the effect of fraud or inequi- be used to challenge a patent’s entitle- rights, rather than the original bill’s table conduct on a patent. J.P. Stevens ment to a right of priority or to the expansion of jurisdiction to include & Co., Inc. v. Lex Tex Ltd., Inc., 747 F.2d benefit of an earlier filing date. In the any counterclaim asserting patent 1553, 1560, Fed. Cir. 1984, notes that new effective-date subsection, the sec- rights. Compulsory counterclaims are ‘‘[w]hether the holding should be one of tion is made applicable to all ‘‘pro- defined at Rule 13(a) and basically con- invalidity or unenforceability has had ceedings’’ commenced after enactment sist of counterclaims that arise out of no practical significance in cases thus of the Act, in order to make clear that the same transaction or occurrence and far presented to this court.’’ The term the section’s changes to the law will be that do not require the joinder of par- should be considered to be used inter- immediately applicable not just in liti- ties over whom the court would lack

VerDate Mar 15 2010 02:01 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.043 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1379 jurisdiction. A compulsory counter- This section grew out of concerns present bill modifies section 301 of title claim must be raised as a counterclaim originally raised in the 110th Congress 35 to allow any person to submit to the in the case in question, and cannot be about financial institutions’ inability Office the patent owner’s statements in asserted in a later case. Without this to take advantage of the authority to federal court or in any Office pro- modification, it is possible that a de- clear checks electronically pursuant ceeding about the scope of the patent’s fendant could raise unrelated and un- the Check Clearing for the 21st Century claims. With this and other informa- necessary patent counterclaims simply Act, at chapter 50 of title 12 of the U.S. tion, the Office should be able to deter- in order to manipulate appellate juris- Code, without infringing the so-called mine whether the patent reads on prod- diction. With the modification, a de- Ballard patents, patents number ucts or services that are particular to fendant with a permissive patent coun- 5,910,988 and 6,032,137. See generally or characteristic of financial institu- terclaim who wanted to preserve Fed- Senate Report 110–259 at pages 33 tions. eral Circuit appellate review of that through 34. Once the committee began As the proviso at the end of the defi- counterclaim could simply wait to as- to examine this issue in greater depth, nition makes clear, business methods sert it in a separate action. however, the question quickly turned do not include ‘‘technological inven- The second modification, in sub- from whether the Ballard patents tions.’’ In other words, the definition section (d), corrects an error in H.R. should be allowed to disrupt compli- applies only to abstract business con- 2955 that would have required remand ance with the Check 21 Act, to how it cepts and their implementation, of patent and other intellectual-prop- is that the Ballard patents were issued whether in computers or otherwise, but erty counterclaims after their removal. in the first place. These patents consist does not apply to inventions relating H.R. 2955’s proposed removal statute, of long recitations of technology cre- to computer operations for other uses at section 1454(c)(1) of title 28, required ated by others to implement the sup- or the application of the natural a remand to the state court of all posed ‘‘invention’’ of transmitting and sciences or engineering. claims that are not within the original processing checks and other business One feature of section 18 that has or supplemental jurisdiction of the dis- records electronically. The first of been the subject of prolonged discus- trict court. Since the bill no longer these patents was assigned to the class sion and negotiation between various amends section 1338 to give district of cryptography inventions, but its groups during the last few weeks is its courts original jurisdiction over patent specification itself concedes that the subsection (c), which concerns stays of counterclaims, however—and since, invention’s ‘‘controller’’ will litigation. The current subsection (c) pursuant to Holmes Group itself, pat- ‘‘execute[] an encryption algorithm reflects a compromise that requires a ent counterclaims are not within the which is well known to an artisan of district courts’ original jurisdiction— district judge to consider fixed criteria ordinary skill in the field.’’ The second then under paragraph (1), district when deciding whether to grant a stay, patent is assigned to Class 705, home to courts would be required to remand the and provides either side with a right to many of the most notorious business- patent counterclaims. Courts would an interlocutory appeal of the district probably strain to avoid reading the method patents. Both of these patents judge’s decision. The appeal right has paragraph this way, since doing so de- are obviously business-method patents, been modified to provide that such re- feats the only apparent purpose of the and it is difficult to see how they were view ‘‘may be de novo,’’ and in every section, and the amendments to sec- even novel and nonobvious and other- case requires the Federal Circuit to en- tion 1338 strip the state courts of juris- wise valid under the more liberal State sure consistent application of estab- diction over patent counterclaims. But Street standard, much less how they lished precedent. Thus whether or not that is exactly what H.R. 2955’s pro- could survive the strictures of Bilski. every case is reviewed de novo, the posed 1454(c)(1) ordered the court to do. Section 18’s definition of business- court of appeals cannot simply leave In the modified text of section 17(d) of method patent, and its authorization the stay decision to the discretion of this bill, the court is instructed to not to raise prior-art challenges in the pe- the district court and allow different remand those claims that were a basis tition for review, are designed to allow outcomes based on the predilections of for removal in the first place—that is, the Office to recognize a business- different trial judges. the intellectual-property counter- method patent as such despite its reci- It is expected that district judges claims. tation of technological elements that will liberally grant stays of litigation Section 18 of the bill creates an ad- are not colorably novel and non- once a proceeding is instituted. Peti- ministrative mechanism for reviewing obvious. This definition does not re- tioners are required to make a high the validity of business-method pat- quire the Office to conduct a merits in- threshold showing in order to institute ents. In 1998, the U.S. Court of Appeals quiry into the nonobviousness of a a proceeding, and proceedings are re- for the Federal Circuit, in its decision technological invention, and should quired to be completed within one year in State Street Bank & Trust Co. v. Sig- not be construed in a way that makes to 18 months after they are instituted. nature Financial Group, Inc., 149 F.3d it difficult for the Office to administer. The case for a stay is particularly pro- 1368 (Fed. Cir. 1998), substantially ex- But if a technological element in a pat- nounced in a section 18 proceeding, panded the patentability of business- ent is not even assertedly or plausibly given the expectation that most if not method inventions in the United outside of the prior art, the Office all true business-method patents are States, holding that any invention can should not rely on that element to abstract and therefore invalid in light be patented so long as it produces a classify the patent as not being a busi- of the Bilski decision. ‘‘useful, concrete, and tangible result’’ ness-method patent. Thus when pat- In pursuit of this congressional pol- and meets other requirements of title ents such as the Ballard patents recite icy strongly favoring stays when pro- 35. In recent years, federal judicial de- elements incorporating off-the-shelf ceedings are instituted under this sec- cisions, culminating in the U.S. Su- technology or other technology ‘‘know tion, subsection (c) incorporates the preme Court’s decision in Bilski v. to those skilled in the art,’’ that four-factor test for stays of litigation Kappos, 561 U.S. ll, 130 S.Ct. 3218 should not preclude those patents’ eli- that was first announced in Broadcast (2010), have overruled State Street and gibility for review under this program. Innovation, L.L.C. v. Charter Commu- retracted the patentability of business At the request of other industry nications, 2006 WL 1897165, D. Colo. 2006. methods and other abstract inventions. groups, section 18’s definition of ‘‘cov- Broadcast Innovation includes, and This judicial expansion and subsequent ered business-method patent’’ has been gives separate weight to, a fourth fac- judicial retraction of U.S. patent- limited to those patents that relate to tor that has often been ignored by ability standards resulted in the a financial product or service. Given other courts: ‘‘whether a stay will re- issuance, in the interim, of a large the protean nature of many business- duce the burden of litigation on the number of business-method patents method patents, it often will be un- parties and on the court.’’ that are no longer valid. Section 18 cre- clear on the face of the patent whether In order to ensure consistency in de- ates a relatively inexpensive adminis- it relates to a financial product or cisions whether to stay, regardless of trative alternative to litigation for ad- service. To make such a determination, the court in which a section 281 action dressing disputes concerning the valid- the Office may look to how the patent is pending, paragraph (2) of subsection ity of these patents. has been asserted. Section 5(g) of the (c) requires consistent application of

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.044 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1380 CONGRESSIONAL RECORD — SENATE March 8, 2011 ‘‘established precedent.’’ This par- reform, and has done a lot of work over especially thank Kolan Davis and Rita ticular requirement is based on section the past several Congresses. We have Lari Jochum of my staff for their good 2245(d)(1) of title 28, which has been had a good process on the floor. We work on this bill. construed to require lower courts to adopted several amendments to im- In conclusion, I urge my colleagues look only to a fixed body of caselaw prove the bill. We had votes on amend- to vote for the America Invents Act. when making decisions under section ments and a pretty good open process, This is a bill that will spur inventions, 2254. Currently, district judge’s deci- which we have not seen much of in the create innovative new products and sions whether to stay litigation when a last few years. We have a good bipar- services, and stimulate job creation. reexamination has been ordered are not tisan bill—the chairman of the Judici- This bill will help upgrade and appealable and therefore have never ary Committee has successfully strengthen our patent system so Amer- been reconciled by the Federal Circuit. brought Senators and industry to- ica can stay competitive in an increas- Unsurprisingly, the resulting district- gether to craft this compromise legis- ingly global environment. I urge my court caselaw is a dog’s breakfast of lation. Now I urge my colleagues to colleagues to support this carefully different combinations of factors and support final passage on this important crafted bill. different meanings ascribed to those bill so we can conclude our work in the Mr. LEAHY. Mr. President, the man- factors. Although the cases applying Senate. agers’ amendment to the America In- Broadcast Innovation cite other opin- The America Invents Act will protect vents Act, adopted 97–2 on March 1, ions applying other tests as sources for inventors’ rights and encourage inno- contained a rule of construction that some of its factors, by requiring appli- vation and investment in our economy. cation of ‘‘established precedent,’’ sub- It will improve transparency and third nothing in section 14 of the act should section (c) limits the relevant prece- party participation in the patent re- be construed to imply that other busi- dent to that applying the four factors view process, which will strengthen ness methods are patentable or that of Broadcast Innovation in combina- patent quality and reduce costs. The other business-method patents are tion. By requiring courts to apply this bill will institute beneficial changes to valid. This provision was included limited and relatively consistent body the patent approval and review process, merely as a clarification. No inference of caselaw when determining whether and will curb litigation abuses and im- should be drawn in any way from any to grant a stay, subsection (c) should prove certainty for investors and part of section 14 of the act about the ensure predictability and stability in innovators. It will help companies do patentability of methods of doing busi- stay decisions across different district business more efficiently on an inter- ness. courts, and limit the incentive to national basis. Mr. President, I have discussed this forum shop. The existence of forum The America Invents Act will also with the Republican leadership, and we shopping is an embarrassment to the help small entities in their patent ap- are prepared to yield back all time on legal system. Federal courts should plications and provide for reduced fees both the Democratic and Republican apply equal justice, and give federal for microentities and small businesses. sides. law the same meaning, regardless of The bill will prevent patents from The PRESIDING OFFICER. All time where they are located. being issued on claims for tax strate- is yielded back. Mr. President, I will conclude by not- gies, which can add unwarranted fees Mr. LEAHY. Mr. President, I ask for ing that the present bill is the product on taxpayers simply for attempting to the yeas and nays on the bill. of almost a decade of hard work. The comply with the Tax Code. The PRESIDING OFFICER. Is there a Finally, the America Invents Act will path to this bill included three Senate sufficient second? Judiciary Committee mark ups, as well enhance operations of the Patent and as the untold hours devoted by Chair- Trademark Office with administrative There appears to be a sufficient second. man SMITH and other members of the reforms and will give the Office fee set- House of Representatives to the devel- ting authority to reduce backlogs. It The yeas and nays were ordered. opment of the Patent Reform Act of will end fee diversion, which will im- The bill was ordered to be engrossed 2005, the foundation of today’s bill. The prove the ability of the Patent and for a third reading and was read the present bill will protect our heritage of Trademark Office to manage its affairs third time. innovation while updating the patent and allocate resources where they are The PRESIDING OFFICER. The system for the current century. It will most needed. clerk will read the pay-go statement. create clear and efficient rules for de- I thank Chairman LEAHY and Senator The bill clerk read as follows: fining prior art and establishing patent HATCH for their hard work on this bill. Without their leadership, we would not Mr. Conrad: This is the Statement of Budg- priority. It will fix problems with cur- etary Effects of PAYGO Legislation for S. 23, rent administrative proceedings, and be where we are today. I thank Sen- as amended. create new means for improving patent ators KYL, SESSIONS, and COBURN. They were instrumental in making improve- Total Budgetary Effects of S. 23 for the 5- quality. And it will move us toward a year statutory PAYGO Scorecard: net reduc- patent system that is objective, trans- ments to the bill. I also wish to action in the deficit of $590 million. parent, clear, and fair to all parties. I knowledge the Senate Judiciary Com- Total Budgetary Effects of S. 23 for the 10- look forward to the Senate’s passage of mittee staff for their efforts on this year statutory PAYGO Scorecard: net reduc- this bill and its enactment into law. bill: in particular, Bruce Cohen, Aaron tion in the deficit of $750 million. Mr. GRASSLEY. Mr. President, I Cooper, and Curtis LeGeyt of Chairman Also submitted for the RECORD as part of urge my colleagues to support final LEAHY’s staff, Matt Sandgren of Sen- this statement is a table prepared by the passage on the America Invents Act. ator HATCH’s staff, Joe Matal of Sen- Congressional Budget Office, which provides The Judiciary Committee has held nu- ator KYL’s staff, and Sarah Beth additional information on the budgetary ef- merous hearings on the need for patent Groshart of Senator COBURN’s staff. I fects of this Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 23, THE AMERICA INVENTS ACT, WITH AMENDMENTS APPROVED BY THE SENATE THROUGH MARCH 8, 2010

By fiscal year, in millions of dollars— 2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2016 2021

NET DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 0 ¥420 ¥90 ¥30 ¥20 ¥30 ¥30 ¥30 ¥30 ¥40 ¥30 ¥590 ¥750 Memorandum: Changes in Outlays ...... 0 2,060 2,600 2,800 2,940 3,070 3,200 3,320 3,450 3,570 3,700 13,470 30,710 Changes in Revenues ...... 0 2,480 2,690 2,830 2,960 3,100 3,230 3,350 3,480 3,610 3,730 14,060 31,460 Notes: Components may not sum to totals because of rounding. The legislation would give the Patent and Trademark Office permanent authority to collect and spend fees. Sources: Congressional Budget Office.

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.045 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1381 The PRESIDING OFFICER. The bill Sec. 24. Designation of Detroit satellite of- ‘‘(A) the subject matter disclosed was ob- having been read the third time, the fice. tained directly or indirectly from the inven- question is, Shall the bill, as amended, Sec. 25. Effective date. tor or a joint inventor; Sec. 26. Budgetary effects. pass? ‘‘(B) the subject matter disclosed had, be- SEC. 2. FIRST INVENTOR TO FILE. fore such subject matter was effectively filed The yeas and nays have been ordered. under subsection (a)(2), been publicly dis- The clerk will call the roll. (a) DEFINITIONS.—Section 100 of title 35, United States Code, is amended by adding at closed by the inventor or a joint inventor or The bill clerk called the roll. the end the following: another who obtained the subject matter dis- The result was announced—yeas 95, ‘‘(f) The term ‘inventor’ means the indi- closed directly or indirectly from the inven- nays 5, as follows: vidual or, if a joint invention, the individ- tor or a joint inventor; or [Rollcall Vote No. 35 Leg.] uals collectively who invented or discovered ‘‘(C) the subject matter disclosed and the YEAS—95 the subject matter of the invention. claimed invention, not later than the effec- ‘‘(g) The terms ‘joint inventor’ and ‘co- tive filing date of the claimed invention, Akaka Graham Moran were owned by the same person or subject to Alexander Grassley Murkowski inventor’ mean any 1 of the individuals who Ayotte Hagan Murray invented or discovered the subject matter of an obligation of assignment to the same per- Barrasso Harkin Nelson (NE) a joint invention. son. Baucus Hatch Nelson (FL) ‘‘(h) The term ‘joint research agreement’ ‘‘(c) COMMON OWNERSHIP UNDER JOINT RE- Begich Hoeven Paul means a written contract, grant, or coopera- SEARCH AGREEMENTS.—Subject matter dis- Bennet Hutchison Portman tive agreement entered into by 2 or more closed and a claimed invention shall be Bingaman Inhofe Pryor persons or entities for the performance of ex- deemed to have been owned by the same per- Blumenthal Inouye Reed perimental, developmental, or research work son or subject to an obligation of assignment Blunt Isakson Reid Boozman Johanns in the field of the claimed invention. to the same person in applying the provi- Roberts Brown (MA) Johnson (SD) ‘‘(i)(1) The term ‘effective filing date’ of a sions of subsection (b)(2)(C) if— Rockefeller Brown (OH) Johnson (WI) claimed invention in a patent or application Rubio ‘‘(1) the subject matter disclosed was de- Burr Kerry Sanders for patent means— veloped and the claimed invention was made Cardin Kirk Schumer ‘‘(A) if subparagraph (B) does not apply, by, or on behalf of, 1 or more parties to a Carper Klobuchar Sessions the actual filing date of the patent or the ap- joint research agreement that was in effect Casey Kohl plication for the patent containing a claim Chambliss Kyl Shaheen on or before the effective filing date of the Coats Landrieu Shelby to the invention; or claimed invention; Coburn Lautenberg Snowe ‘‘(B) the filing date of the earliest applica- ‘‘(2) the claimed invention was made as a Cochran Leahy Stabenow tion for which the patent or application is result of activities undertaken within the Collins Lee Tester entitled, as to such invention, to a right of scope of the joint research agreement; and Thune Conrad Levin priority under section 119, 365(a), or 365(b) or ‘‘(3) the application for patent for the Coons Lieberman Toomey Udall (CO) to the benefit of an earlier filing date under claimed invention discloses or is amended to Corker Lugar section 120, 121, or 365(c). Cornyn Manchin Udall (NM) disclose the names of the parties to the joint DeMint McCain Vitter ‘‘(2) The effective filing date for a claimed research agreement. Durbin McCaskill Warner invention in an application for reissue or re- ‘‘(d) PATENTS AND PUBLISHED APPLICATIONS Enzi McConnell Webb issued patent shall be determined by deem- EFFECTIVE AS PRIOR ART.—For purposes of Feinstein Menendez Whitehouse ing the claim to the invention to have been determining whether a patent or application Franken Merkley Wicker contained in the patent for which reissue for patent is prior art to a claimed invention Gillibrand Mikulski Wyden was sought. under subsection (a)(2), such patent or appli- NAYS—5 ‘‘(j) The term ‘claimed invention’ means cation shall be considered to have been effec- the subject matter defined by a claim in a Boxer Crapo Risch tively filed, with respect to any subject mat- Cantwell Ensign patent or an application for a patent.’’. ter described in the patent or application— (b) CONDITIONS FOR PATENTABILITY.— The bill (S. 23), as amended, was ‘‘(1) if paragraph (2) does not apply, as of (1) IN GENERAL.—Section 102 of title 35, the actual filing date of the patent or the ap- passed, as follows: United States Code, is amended to read as plication for patent; or S. 23 follows: ‘‘(2) if the patent or application for patent Be it enacted by the Senate and House of Rep- ‘‘§ 102. Conditions for patentability; novelty is entitled to claim a right of priority under resentatives of the United States of America in ‘‘(a) NOVELTY; PRIOR ART.—A person shall section 119, 365(a), or 365(b), or to claim the Congress assembled, be entitled to a patent unless— benefit of an earlier filing date under section SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) the claimed invention was patented, 120, 121, or 365(c), based upon 1 or more prior (a) SHORT TITLE.—This Act may be cited as described in a printed publication, or in pub- filed applications for patent, as of the filing the ‘‘America Invents Act’’. lic use, on sale, or otherwise available to the date of the earliest such application that de- (b) TABLE OF CONTENTS.—The table of con- public before the effective filing date of the scribes the subject matter.’’. tents for this Act is as follows: claimed invention; or (2) CONTINUITY OF INTENT UNDER THE CRE- Sec. 1. Short title; table of contents. ‘‘(2) the claimed invention was described in ATE ACT.—The enactment of section 102(c) of Sec. 2. First inventor to file. a patent issued under section 151, or in an ap- title 35, United States Code, under the pre- Sec. 3. Inventor’s oath or declaration. plication for patent published or deemed ceding paragraph is done with the same in- Sec. 4. Virtual marking and advice of coun- published under section 122(b), in which the tent to promote joint research activities sel. patent or application, as the case may be, that was expressed, including in the legisla- Sec. 5. Post-grant review proceedings. names another inventor and was effectively tive history, through the enactment of the Sec. 6. Patent Trial and Appeal Board. filed before the effective filing date of the Cooperative Research and Technology En- Sec. 7. Preissuance submissions by third claimed invention. hancement Act of 2004 (Public Law 108–453; parties. ‘‘(b) EXCEPTIONS.— the ‘‘CREATE Act’’), the amendments of Sec. 8. Venue. ‘‘(1) DISCLOSURES MADE 1 YEAR OR LESS BE- which are stricken by subsection (c). The Sec. 9. Fee setting authority. FORE THE EFFECTIVE FILING DATE OF THE United States Patent and Trademark Office Sec. 10. Supplemental examination. CLAIMED INVENTION.—A disclosure made 1 shall administer section 102(c) of title 35, Sec. 11. Residency of Federal Circuit judges. year or less before the effective filing date of United States Code, in a manner consistent Sec. 12. Micro entity defined. a claimed invention shall not be prior art to with the legislative history of the CREATE Sec. 13. Funding agreements. the claimed invention under subsection (a)(1) Act that was relevant to its administration Sec. 14. Tax strategies deemed within the if— by the United States Patent and Trademark prior art. Office. Sec. 15. Best mode requirement. ‘‘(A) the disclosure was made by the inven- (3) CONFORMING AMENDMENT.—The item re- Sec. 16. Technical amendments. tor or joint inventor or by another who ob- lating to section 102 in the table of sections Sec. 17. Clarification of jurisdiction. tained the subject matter disclosed directly Sec. 18. Transitional program for covered or indirectly from the inventor or a joint infor chapter 10 of title 35, United States Code, business-method patents. ventor; or is amended to read as follows: Sec. 19. Travel expenses and payment of ad- ‘‘(B) the subject matter disclosed had, be- ‘‘102. Conditions for patentability; novelty.’’. fore such disclosure, been publicly disclosed ministrative judges. (c) CONDITIONS FOR PATENTABILITY; NON- by the inventor or a joint inventor or an- Sec. 20. Patent and Trademark Office fund- OBVIOUS SUBJECT MATTER.—Section 103 of ing. other who obtained the subject matter dis- title 35, United States Code, is amended to Sec. 21. Satellite offices. closed directly or indirectly from the inven- read as follows: Sec. 22. Patent Ombudsman Program for tor or a joint inventor. small business concerns. ‘‘(2) DISCLOSURES APPEARING IN APPLICA- ‘‘§ 103. Conditions for patentability; non- Sec. 23. Priority examination for tech- TIONS AND PATENTS.—A disclosure shall not obvious subject matter nologies important to Amer- be prior art to a claimed invention under ‘‘A patent for a claimed invention may not ican competitiveness. subsection (a)(2) if— be obtained, notwithstanding that the

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claimed invention is not identically dis- (h) DERIVED PATENTS.—Section 291 of title ment reflecting the agreement of the parties closed as set forth in section 102, if the dif- 35, United States Code, is amended to read as as to the correct inventors of the claimed inferences between the claimed invention and follows: vention in dispute. Unless the Patent Trial the prior art are such that the claimed in- ‘‘§ 291. Derived patents and Appeal Board finds the agreement to be vention as a whole would have been obvious inconsistent with the evidence of record, if ‘‘(a) IN GENERAL.—The owner of a patent before the effective filing date of the claimed may have relief by civil action against the any, it shall take action consistent with the invention to a person having ordinary skill owner of another patent that claims the agreement. Any written settlement or under- in the art to which the claimed invention same invention and has an earlier effective standing of the parties shall be filed with the pertains. Patentability shall not be negated Director. At the request of a party to the filing date if the invention claimed in such by the manner in which the invention was proceeding, the agreement or understanding other patent was derived from the inventor made.’’. shall be treated as business confidential in- of the invention claimed in the patent owned (d) REPEAL OF REQUIREMENTS FOR INVEN- formation, shall be kept separate from the by the person seeking relief under this sec- TIONS MADE ABROAD.—Section 104 of title 35, file of the involved patents or applications, tion. United States Code, and the item relating to and shall be made available only to Govern- ‘‘(b) FILING LIMITATION.—An action under that section in the table of sections for chap- ment agencies on written request, or to any this section may only be filed within 1 year ter 10 of title 35, United States Code, are re- person on a showing of good cause. after the issuance of the first patent con- pealed. ‘‘(f) ARBITRATION.—Parties to a proceeding (e) REPEAL OF STATUTORY INVENTION REG- taining a claim to the allegedly derived in- instituted under subsection (a) may, within ISTRATION.— vention and naming an individual alleged to such time as may be specified by the Direc- (1) IN GENERAL.—Section 157 of title 35, have derived such invention as the inventor tor by regulation, determine such contest or United States Code, and the item relating to or joint inventor.’’. any aspect thereof by arbitration. Such arbi- (i) DERIVATION PROCEEDINGS.—Section 135 that section in the table of sections for chap- tration shall be governed by the provisions of title 35, United States Code, is amended to ter 14 of title 35, United States Code, are re- of title 9, to the extent such title is not in- pealed. read as follows: consistent with this section. The parties (2) REMOVAL OF CROSS REFERENCES.—Sec- ‘‘§ 135. Derivation proceedings shall give notice of any arbitration award to tion 111(b)(8) of title 35, United States Code, ‘‘(a) INSTITUTION OF PROCEEDING.—An appli- the Director, and such award shall, as be- is amended by striking ‘‘sections 115, 131, 135, cant for patent may file a petition to insti- tween the parties to the arbitration, be dis- and 157’’ and inserting ‘‘sections 131 and 135’’. tute a derivation proceeding in the Office. positive of the issues to which it relates. The (3) EFFECTIVE DATE.—The amendments The petition shall set forth with particu- arbitration award shall be unenforceable made by this subsection shall take effect 18 larity the basis for finding that an inventor until such notice is given. Nothing in this months after the date of the enactment of named in an earlier application derived the subsection shall preclude the Director from this Act, and shall apply to any request for claimed invention from an inventor named determining the patentability of the claimed a statutory invention registration filed on or in the petitioner’s application and, without inventions involved in the proceeding.’’. after that date. authorization, the earlier application claim- (j) ELIMINATION OF REFERENCES TO INTER- (f) EARLIER FILING DATE FOR INVENTOR AND ing such invention was filed. Any such peti- FERENCES.—(1) Sections 41, 134, 145, 146, 154, JOINT INVENTOR.—Section 120 of title 35, tion may only be filed within 1 year after the 305, and 314 of title 35, United States Code, United States Code, is amended by striking first publication of a claim to an invention are each amended by striking ‘‘Board of Pat- ‘‘which is filed by an inventor or inventors that is the same or substantially the same as ent Appeals and Interferences’’ each place it named’’ and inserting ‘‘which names an in- the earlier application’s claim to the inven- appears and inserting ‘‘Patent Trial and Ap- ventor or joint inventor’’. tion, shall be made under oath, and shall be peal Board’’. (g) CONFORMING AMENDMENTS.— supported by substantial evidence. Whenever (2)(A) Sections 146 and 154 of title 35, (1) RIGHT OF PRIORITY.—Section 172 of title the Director determines that a petition filed United States Code, are each amended— 35, United States Code, is amended by strik- under this subsection demonstrates that the (i) by striking ‘‘an interference’’ each place ing ‘‘and the time specified in section standards for instituting a derivation pro- it appears and inserting ‘‘a derivation pro- 102(d)’’. ceeding are met, the Director may institute ceeding’’; and (2) LIMITATION ON REMEDIES.—Section a derivation proceeding. The determination (ii) by striking ‘‘interference’’ each addi- 287(c)(4) of title 35, United States Code, is by the Director whether to institute a deri- tional place it appears and inserting ‘‘deriva- amended by striking ‘‘the earliest effective vation proceeding shall be final and non- tion proceeding’’. filing date of which is prior to’’ and inserting appealable. (B) The subparagraph heading for section ‘‘which has an effective filing date before’’. ‘‘(b) DETERMINATION BY PATENT TRIAL AND 154(b)(1)(C) of title 35, United States Code, as (3) INTERNATIONAL APPLICATION DESIG- APPEAL BOARD.—In a derivation proceeding amended by this paragraph, is further NATING THE UNITED STATES: EFFECT.—Section instituted under subsection (a), the Patent amended by— 363 of title 35, United States Code, is amend- Trial and Appeal Board shall determine (i) striking ‘‘OR’’ and inserting ‘‘OF’’; and ed by striking ‘‘except as otherwise provided whether an inventor named in the earlier ap- (ii) striking ‘‘SECRECY ORDER’’ and insert- in section 102(e) of this title’’. plication derived the claimed invention from ing ‘‘SECRECY ORDERS’’. (4) PUBLICATION OF INTERNATIONAL APPLICA- an inventor named in the petitioner’s appli- (3) The section heading for section 134 of TION: EFFECT.—Section 374 of title 35, United cation and, without authorization, the ear- title 35, United States Code, is amended to States Code, is amended by striking ‘‘sec- lier application claiming such invention was read as follows: tions 102(e) and 154(d)’’ and inserting ‘‘sec- filed. The Director shall prescribe regula- ‘‘§ 134. Appeal to the Patent Trial and Appeal tion 154(d)’’. tions setting forth standards for the conduct Board’’. (5) PATENT ISSUED ON INTERNATIONAL APPLI- of derivation proceedings. (4) The section heading for section 146 of CATION: EFFECT.—The second sentence of sec- ‘‘(c) DEFERRAL OF DECISION.—The Patent title 35, United States Code, is amended to tion 375(a) of title 35, United States Code, is Trial and Appeal Board may defer action on read as follows: amended by striking ‘‘Subject to section a petition for a derivation proceeding until 3 ‘‘§ 146. Civil action in case of derivation pro- 102(e) of this title, such’’ and inserting months after the date on which the Director ceeding’’. ‘‘Such’’. issues a patent that includes the claimed in- (5) Section 154(b)(1)(C) of title 35, United (6) LIMIT ON RIGHT OF PRIORITY.—Section vention that is the subject of the petition. States Code, is amended by striking ‘‘INTER- 119(a) of title 35, United States Code, is The Patent Trial and Appeal Board also may FERENCES’’ and inserting ‘‘DERIVATION PRO- amended by striking ‘‘; but no patent shall defer action on a petition for a derivation CEEDINGS’’. be granted’’ and all that follows through proceeding, or stay the proceeding after it (6) The item relating to section 6 in the ‘‘one year prior to such filing’’. has been instituted, until the termination of table of sections for chapter 1 of title 35, (7) INVENTIONS MADE WITH FEDERAL ASSIST- a proceeding under chapter 30, 31, or 32 in- United States Code, is amended to read as ANCE.—Section 202(c) of title 35, United volving the patent of the earlier applicant. follows: States Code, is amended— ‘‘(d) EFFECT OF FINAL DECISION.—The final ‘‘6. Patent Trial and Appeal Board.’’. (A) in paragraph (2)— decision of the Patent Trial and Appeal (i) by striking ‘‘publication, on sale, or Board, if adverse to claims in an application (7) The items relating to sections 134 and public use,’’ and all that follows through for patent, shall constitute the final refusal 135 in the table of sections for chapter 12 of ‘‘obtained in the United States’’ and insert- by the Office on those claims. The final deci- title 35, United States Code, are amended to ing ‘‘the 1-year period referred to in section sion of the Patent Trial and Appeal Board, if read as follows: 102(b) would end before the end of that 2-year adverse to claims in a patent, shall, if no ap- ‘‘134. Appeal to the Patent Trial and Appeal period’’; and peal or other review of the decision has been Board. (ii) by striking ‘‘the statutory’’ and insert- or can be taken or had, constitute cancella- ‘‘135. Derivation proceedings.’’. ing ‘‘that 1-year’’; and tion of those claims, and notice of such can- (8) The item relating to section 146 in the (B) in paragraph (3), by striking ‘‘any stat- cellation shall be endorsed on copies of the table of sections for chapter 13 of title 35, utory bar date that may occur under this patent distributed after such cancellation. United States Code, is amended to read as title due to publication, on sale, or public ‘‘(e) SETTLEMENT.—Parties to a proceeding follows: use’’ and inserting ‘‘the expiration of the 1- instituted under subsection (a) may termi- ‘‘146. Civil action in case of derivation pro- year period referred to in section 102(b)’’. nate the proceeding by filing a written state- ceeding.’’.

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(k) FALSE MARKING.— cants for patents that are not small business (B) a specific reference under section 120, (1) IN GENERAL.—Section 292 of title 35, concerns; 121, or 365(c) of title 35, United States Code, United States Code, is amended— (iii) the cost savings and other potential to any patent or application that contains or (A) in subsection (a), by adding at the end benefits to small business concerns of the contained at any time such a claim. the following: change; and SEC. 3. INVENTOR’S OATH OR DECLARATION. ‘‘Only the United States may sue for the (iv) the feasibility and costs and benefits (a) INVENTOR’S OATH OR DECLARATION.— penalty authorized by this subsection.’’; and to small business concerns of alternative (1) IN GENERAL.—Section 115 of title 35, (B) by striking subsection (b) and inserting means of determining whether an applicant United States Code, is amended to read as the following: is entitled to a patent under title 35, United follows: ‘‘(b) Any person who has suffered a com- States Code. ‘‘§ 115. Inventor’s oath or declaration (3) REPORT.—Not later than 1 year after petitive injury as a result of a violation of ‘‘(a) NAMING THE INVENTOR; INVENTOR’S the date of enactment of this Act, the Chief this section may file a civil action in a dis- OATH OR DECLARATION.—An application for Counsel shall submit to the Committee on trict court of the United States for recovery patent that is filed under section 111(a) or of damages adequate to compensate for the Small Business and Entrepreneurship and commences the national stage under section injury.’’. the Committee on the Judiciary of the Sen- 371 shall include, or be amended to include, (2) EFFECTIVE DATE.—The amendments ate and the Committee on Small Business the name of the inventor for any invention made by this subsection shall apply to all and the Committee on the Judiciary of the claimed in the application. Except as other- cases, without exception, pending on or after House of Representatives a report regarding wise provided in this section, each individual the date of the enactment of this Act. the results of the study under paragraph (2). who is the inventor or a joint inventor of a (n) REPORT ON PRIOR USER RIGHTS.— (l) STATUTE OF LIMITATIONS.— claimed invention in an application for pat- (1) IN GENERAL.—Not later than 1 year after (1) IN GENERAL.—Section 32 of title 35, ent shall execute an oath or declaration in the date of the enactment of this Act, the United States Code, is amended by inserting connection with the application. Director shall report, to the Committee on between the third and fourth sentences the ‘‘(b) REQUIRED STATEMENTS.—An oath or the Judiciary of the Senate and the Com- declaration under subsection (a) shall con- following: ‘‘A proceeding under this section mittee on the Judiciary of the House of Rep- shall be commenced not later than the ear- tain statements that— resentatives, the findings and recommenda- ‘‘(1) the application was made or was au- lier of either 10 years after the date on which tions of the Director on the operation of the misconduct forming the basis for the thorized to be made by the affiant or declar- prior user rights in selected countries in the ant; and proceeding occurred, or 1 year after the date industrialized world. The report shall include ‘‘(2) such individual believes himself or on which the misconduct forming the basis the following: herself to be the original inventor or an for the proceeding is made known to an offi- (A) A comparison between patent laws of original joint inventor of a claimed inven- cer or employee of the Office as prescribed in the United States and the laws of other in- tion in the application. the regulations established under section dustrialized countries, including members of 2(b)(2)(D).’’. ‘‘(c) ADDITIONAL REQUIREMENTS.—The Di- the European Union and Japan, Canada, and rector may specify additional information (2) REPORT TO CONGRESS.—The Director Australia. shall provide on a biennial basis to the Judi- relating to the inventor and the invention (B) An analysis of the effect of prior user that is required to be included in an oath or ciary Committees of the Senate and House of rights on innovation rates in the selected Representatives a report providing a short declaration under subsection (a). countries. UBSTITUTE STATEMENT.— description of incidents made known to an ‘‘(d) S (C) An analysis of the correlation, if any, ‘‘(1) IN GENERAL.—In lieu of executing an officer or employee of the Office as pre- between prior user rights and start-up enter- oath or declaration under subsection (a), the scribed in the regulations established under prises and the ability to attract venture cap- applicant for patent may provide a subsection 2(b)(2)(D) of title 35, United States ital to start new companies. stitute statement under the circumstances Code, that reflect substantial evidence of (D) An analysis of the effect of prior user described in paragraph (2) and such addi- misconduct before the Office but for which rights, if any, on small businesses, univer- tional circumstances that the Director may the Office was barred from commencing a sities, and individual inventors. specify by regulation. proceeding under section 32 of title 35, (E) An analysis of legal and constitutional ‘‘(2) PERMITTED CIRCUMSTANCES.—A sub- United States Code, by the time limitation issues, if any, that arise from placing trade stitute statement under paragraph (1) is per- established by the fourth sentence of that secret law in patent law. mitted with respect to any individual who— section. (F) An analysis of whether the change to a ‘‘(A) is unable to file the oath or declara- (3) EFFECTIVE DATE.—The amendment first-to-file patent system creates a par- made by paragraph (1) shall apply in all tion under subsection (a) because the indi- ticular need for prior user rights. vidual— cases in which the time period for insti- (2) CONSULTATION WITH OTHER AGENCIES.—In tuting a proceeding under section 32 of title ‘‘(i) is deceased; preparing the report required under para- ‘‘(ii) is under legal incapacity; or 35, United State Code, had not lapsed prior graph (1), the Director shall consult with the to the date of the enactment of this Act. ‘‘(iii) cannot be found or reached after dili- United States Trade Representative, the Sec- gent effort; or (m) SMALL BUSINESS STUDY.— retary of State, and the Attorney General. ‘‘(B) is under an obligation to assign the (1) DEFINITIONS.—In this subsection— (o) EFFECTIVE DATE.— invention but has refused to make the oath (A) the term ‘‘Chief Counsel’’ means the (1) IN GENERAL.—Except as otherwise pro- or declaration required under subsection (a). Chief Counsel for Advocacy of the Small vided by this section, the amendments made ‘‘(3) CONTENTS.—A substitute statement Business Administration; by this section shall take effect on the date under this subsection shall— (B) the term ‘‘General Counsel’’ means the that is 18 months after the date of the enact- ‘‘(A) identify the individual with respect to General Counsel of the United States Patent ment of this Act, and shall apply to any ap- whom the statement applies; and Trademark Office; and plication for patent, and to any patent ‘‘(B) set forth the circumstances rep- (C) the term ‘‘small business concern’’ has issuing thereon, that contains or contained resenting the permitted basis for the filing of the meaning given that term under section 3 at any time— the substitute statement in lieu of the oath of the Small Business Act (15 U.S.C. 632). (A) a claim to a claimed invention that has or declaration under subsection (a); and (2) STUDY.— an effective filing date as defined in section ‘‘(C) contain any additional information, (A) IN GENERAL.—The Chief Counsel, in 100(i) of title 35, United States Code, that is including any showing, required by the Di- consultation with the General Counsel, shall 18 months or more after the date of the en- rector. conduct a study of the effects of eliminating actment of this Act; or ‘‘(e) MAKING REQUIRED STATEMENTS IN AS- the use of dates of invention in determining (B) a specific reference under section 120, SIGNMENT OF RECORD.—An individual who is whether an applicant is entitled to a patent 121, or 365(c) of title 35, United States Code, under an obligation of assignment of an ap- under title 35, United States Code. to any patent or application that contains or plication for patent may include the re- (B) AREAS OF STUDY.—The study conducted contained at any time such a claim. quired statements under subsections (b) and under subparagraph (A) shall include exam- (2) INTERFERING PATENTS.—The provisions (c) in the assignment executed by the indi- ination of the effects of eliminating the use of sections 102(g), 135, and 291 of title 35, vidual, in lieu of filing such statements sepa- of invention dates, including examining— United States Code, in effect on the day rately. (i) how the change would affect the ability prior to the date of the enactment of this ‘‘(f) TIME FOR FILING.—A notice of allow- of small business concerns to obtain patents Act, shall apply to each claim of an applica- ance under section 151 may be provided to an and their costs of obtaining patents; tion for patent, and any patent issued there- applicant for patent only if the applicant for (ii) whether the change would create, miti- on, for which the amendments made by this patent has filed each required oath or dec- gate, or exacerbate any disadvantage for ap- section also apply, if such application or pat- laration under subsection (a) or has filed a plicants for patents that are small business ent contains or contained at any time— substitute statement under subsection (d) or concerns relative to applicants for patents (A) a claim to an invention having an ef- recorded an assignment meeting the require- that are not small business concerns, and fective filing date as defined in section 100(i) ments of subsection (e). whether the change would create any advan- of title 35, United States Code, earlier than ‘‘(g) EARLIER-FILED APPLICATION CON- tages for applicants for patents that are 18 months after the date of the enactment of TAINING REQUIRED STATEMENTS OR SUB- small business concerns relative to appli- this Act; or STITUTE STATEMENT.—

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‘‘(1) EXCEPTION.—The requirements under ‘‘§ 118. Filing by other than inventor (b) VIRTUAL MARKING.—Section 287(a) of this section shall not apply to an individual ‘‘A person to whom the inventor has as- title 35, United States Code, is amended by with respect to an application for patent in signed or is under an obligation to assign the inserting ‘‘, or by fixing thereon the word which the individual is named as the inven- invention may make an application for pat- ‘patent’ or the abbreviation ‘pat.’ together tor or a joint inventor and who claims the ent. A person who otherwise shows sufficient with an address of a posting on the Internet, benefit under section 120, 121, or 365(c) of the proprietary interest in the matter may make accessible to the public without charge for filing of an earlier-filed application, if— an application for patent on behalf of and as accessing the address, that associates the ‘‘(A) an oath or declaration meeting the re- agent for the inventor on proof of the perti- patented article with the number of the pat- quirements of subsection (a) was executed by nent facts and a showing that such action is ent’’ before ‘‘, or when’’. the individual and was filed in connection appropriate to preserve the rights of the par- (c) ADVICE OF COUNSEL.—Chapter 29 of title with the earlier-filed application; ties. If the Director grants a patent on an ap- 35, United States Code, is amended by adding ‘‘(B) a substitute statement meeting the plication filed under this section by a person at the end the following: requirements of subsection (d) was filed in other than the inventor, the patent shall be ‘‘§ 298. Advice of Counsel the earlier filed application with respect to granted to the real party in interest and ‘‘The failure of an infringer to obtain the the individual; or upon such notice to the inventor as the Di- advice of counsel with respect to any alleg- ‘‘(C) an assignment meeting the require- rector considers to be sufficient.’’. edly infringed patent or the failure of the in- (2) CONFORMING AMENDMENT.—Section 251 ments of subsection (e) was executed with re- fringer to present such advice to the court or spect to the earlier-filed application by the of title 35, United States Code, is amended in jury may not be used to prove that the ac- individual and was recorded in connection the third undesignated paragraph by insert- cused infringer willfully infringed the patent with the earlier-filed application. ing ‘‘or the application for the original pat- or that the infringer intended to induce in- ‘‘(2) COPIES OF OATHS, DECLARATIONS, ent was filed by the assignee of the entire infringement of the patent.’’. STATEMENTS, OR ASSIGNMENTS.—Notwith- terest’’ after ‘‘claims of the original patent’’. (d) EFFECTIVE DATE.—The amendments (c) SPECIFICATION.—Section 112 of title 35, standing paragraph (1), the Director may re- made by this section shall apply to any civil quire that a copy of the executed oath or United States Code, is amended— action commenced on or after the date of the declaration, the substitute statement, or the (1) in the first paragraph— enactment of this Act. assignment filed in the earlier-filed applica- (A) by striking ‘‘The specification’’ and in- SEC. 5. POST-GRANT REVIEW PROCEEDINGS. tion be included in the later-filed applica- serting ‘‘(a) IN GENERAL.—The specifica- (a) INTER PARTES REVIEW.—Chapter 31 of tion. tion’’; and title 35, United States Code, is amended to ‘‘(h) SUPPLEMENTAL AND CORRECTED STATE- (B) by striking ‘‘of carrying out his inven- read as follows: MENTS; FILING ADDITIONAL STATEMENTS.— tion’’ and inserting ‘‘or joint inventor of car- ‘‘(1) IN GENERAL.—Any person making a rying out the invention’’; ‘‘CHAPTER 31—INTER PARTES REVIEW statement required under this section may (2) in the second paragraph— ‘‘Sec. withdraw, replace, or otherwise correct the (A) by striking ‘‘The specification’’ and in- ‘‘311. Inter partes review. statement at any time. If a change is made serting ‘‘(b) CONCLUSION.—The specifica- ‘‘312. Petitions. in the naming of the inventor requiring the tion’’; and ‘‘313. Preliminary response to petition. ‘‘314. Institution of inter partes review. filing of 1 or more additional statements (B) by striking ‘‘applicant regards as his ‘‘315. Relation to other proceedings or ac- under this section, the Director shall estab- invention’’ and inserting ‘‘inventor or a joint tions. lish regulations under which such additional inventor regards as the invention’’; statements may be filed. ‘‘316. Conduct of inter partes review. (3) in the third paragraph, by striking ‘‘A ‘‘317. Settlement. ‘‘(2) SUPPLEMENTAL STATEMENTS NOT RE- claim’’ and inserting ‘‘(c) FORM.—A claim’’; ‘‘318. Decision of the board. QUIRED.—If an individual has executed an (4) in the fourth paragraph, by striking ‘‘319. Appeal. oath or declaration meeting the require- ‘‘Subject to the following paragraph,’’ and ‘‘§ 311. Inter partes review ments of subsection (a) or an assignment inserting ‘‘(d) REFERENCE IN DEPENDENT ‘‘(a) IN GENERAL.—Subject to the provi- meeting the requirements of subsection (e) FORMS.—Subject to subsection (e),’’; with respect to an application for patent, the sions of this chapter, a person who is not the (5) in the fifth paragraph, by striking ‘‘A patent owner may file with the Office a peti- Director may not thereafter require that in- claim’’ and inserting ‘‘(e) REFERENCE IN MUL- dividual to make any additional oath, dec- tion to institute an inter partes review for a TIPLE DEPENDENT FORM.—A claim’’; and patent. The Director shall establish, by regu- laration, or other statement equivalent to (6) in the last paragraph, by striking ‘‘An those required by this section in connection lation, fees to be paid by the person request- element’’ and inserting ‘‘(f) ELEMENT IN with the application for patent or any patent ing the review, in such amounts as the Direc- CLAIM FOR A COMBINATION.—An element’’. tor determines to be reasonable, considering issuing thereon. (d) CONFORMING AMENDMENTS.— the aggregate costs of the review. ‘‘(3) SAVINGS CLAUSE.—No patent shall be (1) Sections 111(b)(1)(A) is amended by invalid or unenforceable based upon the fail- ‘‘(b) SCOPE.—A petitioner in an inter partes striking ‘‘the first paragraph of section 112 of review may request to cancel as ure to comply with a requirement under this this title’’ and inserting ‘‘section 112(a)’’. section if the failure is remedied as provided unpatentable 1 or more claims of a patent (2) Section 111(b)(2) is amended by striking only on a ground that could be raised under under paragraph (1). ‘‘the second through fifth paragraphs of sec- ‘‘(i) ACKNOWLEDGMENT OF PENALTIES.—Any section 102 or 103 and only on the basis of tion 112,’’ and inserting ‘‘subsections (b) declaration or statement filed pursuant to prior art consisting of patents or printed through (e) of section 112,’’. this section shall contain an acknowledg- publications. (e) EFFECTIVE DATE.—The amendments ‘‘(c) FILING DEADLINE.—A petition for inter ment that any willful false statement made made by this section shall take effect 1 year partes review shall be filed after the later of in such declaration or statement is punish- after the date of the enactment of this Act either— able under section 1001 of title 18 by fine or and shall apply to patent applications that ‘‘(1) 9 months after the grant of a patent or imprisonment of not more than 5 years, or are filed on or after that effective date. both.’’. issuance of a reissue of a patent; or SEC. 4. VIRTUAL MARKING AND ADVICE OF ‘‘(2) if a post-grant review is instituted (2) RELATIONSHIP TO DIVISIONAL APPLICA- COUNSEL. under chapter 32, the date of the termination TIONS.—Section 121 of title 35, United States (a) DEFENSE TO INFRINGEMENT BASED ON Code, is amended by striking ‘‘If a divisional EARLIER INVENTOR.—Section 273(b)(6) of title of such post-grant review. application’’ and all that follows through 35, United States Code, is amended to read as ‘‘§ 312. Petitions ‘‘inventor.’’. follows: ‘‘(a) REQUIREMENTS OF PETITION.—A peti- (3) REQUIREMENTS FOR NONPROVISIONAL AP- ‘‘(6) PERSONAL DEFENSE.—The defense tion filed under section 311 may be consid- PLICATIONS.—Section 111(a) of title 35, United under this section may be asserted only by ered only if— States Code, is amended— the person who performed or caused the per- ‘‘(1) the petition is accompanied by pay- (A) in paragraph (2)(C), by striking ‘‘by the formance of the acts necessary to establish ment of the fee established by the Director applicant’’ and inserting ‘‘or declaration’’; the defense as well as any other entity that under section 311; (B) in the heading for paragraph (3), by in- controls, is controlled by, or is under com- ‘‘(2) the petition identifies all real parties serting ‘‘OR DECLARATION’’ after ‘‘AND OATH’’; mon control with such person and, except for in interest; and any transfer to the patent owner, the right ‘‘(3) the petition identifies, in writing and (C) by inserting ‘‘or declaration’’ after to assert the defense shall not be licensed or with particularity, each claim challenged, ‘‘and oath’’ each place it appears. assigned or transferred to another person ex- the grounds on which the challenge to each (4) CONFORMING AMENDMENT.—The item re- cept as an ancillary and subordinate part of claim is based, and the evidence that sup- lating to section 115 in the table of sections a good faith assignment or transfer for other ports the grounds for the challenge to each for chapter 11 of title 35, United States Code, reasons of the entire enterprise or line of claim, including— is amended to read as follows: business to which the defense relates. Not- ‘‘(A) copies of patents and printed publica- ‘‘115. Inventor’s oath or declaration.’’. withstanding the preceding sentence, any tions that the petitioner relies upon in sup- (b) FILING BY OTHER THAN INVENTOR.— person may, on its own behalf, assert a de- port of the petition; and (1) IN GENERAL.—Section 118 of title 35, fense based on the exhaustion of rights pro- ‘‘(B) affidavits or declarations of sup- United States Code, is amended to read as vided under paragraph (3), including any nec- porting evidence and opinions, if the peti- follows: essary elements thereof.’’. tioner relies on expert opinions;

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.021 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1385 ‘‘(4) the petition provides such other infor- ceeding or matter may proceed, including ‘‘(12) requiring that the final determina- mation as the Director may require by regu- providing for stay, transfer, consolidation, or tion in an inter partes review be issued not lation; and termination of any such matter or pro- later than 1 year after the date on which the ‘‘(5) the petitioner provides copies of any of ceeding. Director notices the institution of a review the documents required under paragraphs (2), ‘‘(e) ESTOPPEL.— under this chapter, except that the Director (3), and (4) to the patent owner or, if applica- ‘‘(1) PROCEEDINGS BEFORE THE OFFICE.—The may, for good cause shown, extend the 1-year ble, the designated representative of the pat- petitioner in an inter partes review under period by not more than 6 months, and may ent owner. this chapter, or his real party in interest or adjust the time periods in this paragraph in ‘‘(b) PUBLIC AVAILABILITY.—As soon as privy, may not request or maintain a pro- the case of joinder under section 315(c). practicable after the receipt of a petition ceeding before the Office with respect to a ‘‘(b) CONSIDERATIONS.—In prescribing regu- under section 311, the Director shall make claim on any ground that the petitioner lations under this section, the Director shall the petition available to the public. raised or reasonably could have raised during consider the effect of any such regulation on an inter partes review of the claim that re- ‘‘§ 313. Preliminary response to petition the economy, the integrity of the patent sys- sulted in a final written decision under sec- tem, the efficient administration of the Of- ‘‘(a) PRELIMINARY RESPONSE.—If an inter tion 318(a). fice, and the ability of the Office to timely partes review petition is filed under section ‘‘(2) CIVIL ACTIONS AND OTHER PRO- complete proceedings instituted under this 311, the patent owner shall have the right to CEEDINGS.—The petitioner in an inter partes chapter. file a preliminary response within a time pe- review under this chapter, or his real party ‘‘(c) PATENT TRIAL AND APPEAL BOARD.— riod set by the Director. in interest or privy, may not assert either in The Patent Trial and Appeal Board shall, in ‘‘(b) CONTENT OF RESPONSE.—A preliminary a civil action arising in whole or in part accordance with section 6, conduct each pro- response to a petition for inter partes review under section 1338 of title 28 or in a proceeding authorized by the Director. shall set forth reasons why no inter partes ceeding before the International Trade Com- ‘‘(d) AMENDMENT OF THE PATENT.— review should be instituted based upon the mission that a claim in a patent is invalid on ‘‘(1) IN GENERAL.—During an inter partes failure of the petition to meet any require- any ground that the petitioner raised or rea- review instituted under this chapter, the ment of this chapter. sonably could have raised during an inter patent owner may file 1 motion to amend the ‘‘§ 314. Institution of inter partes review partes review of the claim that resulted in a patent in 1 or more of the following ways: ‘‘(a) THRESHOLD.—The Director may not final written decision under section 318(a). ‘‘(A) Cancel any challenged patent claim. authorize an inter partes review to com- ‘‘§ 316. Conduct of inter partes review ‘‘(B) For each challenged claim, propose a mence unless the Director determines that ‘‘(a) REGULATIONS.—The Director shall pre- reasonable number of substitute claims. the information presented in the petition scribe regulations— ‘‘(2) ADDITIONAL MOTIONS.—Additional mo- filed under section 311 and any response filed ‘‘(1) providing that the file of any pro- tions to amend may be permitted upon the under section 313 shows that there is a rea- ceeding under this chapter shall be made joint request of the petitioner and the patent sonable likelihood that the petitioner would available to the public, except that any peti- owner to materially advance the settlement prevail with respect to at least 1 of the tion or document filed with the intent that of a proceeding under section 317, or as per- claims challenged in the petition. it be sealed shall be accompanied by a mo- mitted by regulations prescribed by the Di- ‘‘(b) TIMING.—The Director shall determine tion to seal, and such petition or document rector. whether to institute an inter partes review shall be treated as sealed pending the out- ‘‘(3) SCOPE OF CLAIMS.—An amendment under this chapter within 3 months after re- come of the ruling on the motion; under this subsection may not enlarge the ceiving a preliminary response under section ‘‘(2) setting forth the standards for the scope of the claims of the patent or intro- 313 or, if none is filed, within three months showing of sufficient grounds to institute a duce new matter. after the expiration of the time for filing review under section 314(a); ‘‘(e) EVIDENTIARY STANDARDS.—In an inter such a response. ‘‘(3) establishing procedures for the sub- partes review instituted under this chapter, ‘‘(c) NOTICE.—The Director shall notify the mission of supplemental information after the petitioner shall have the burden of prov- petitioner and patent owner, in writing, of the petition is filed; ing a proposition of unpatentability by a pre- the Director’s determination under sub- ‘‘(4) in accordance with section 2(b)(2), es- ponderance of the evidence. section (a), and shall make such notice avail- tablishing and governing inter partes review ‘‘§ 317. Settlement able to the public as soon as is practicable. under this chapter and the relationship of ‘‘(a) IN GENERAL.—An inter partes review Such notice shall list the date on which the such review to other proceedings under this instituted under this chapter shall be termi- review shall commence. title; nated with respect to any petitioner upon ‘‘(d) NO APPEAL.—The determination by ‘‘(5) setting a time period for requesting the joint request of the petitioner and the the Director whether to institute an inter joinder under section 315(c); patent owner, unless the Office has decided partes review under this section shall be ‘‘(6) setting forth standards and procedures the merits of the proceeding before the re- final and nonappealable. for discovery of relevant evidence, including quest for termination is filed. If the inter that such discovery shall be limited to— partes review is terminated with respect to a ‘‘§ 315. Relation to other proceedings or ac- ‘‘(A) the deposition of witnesses submit- petitioner under this section, no estoppel tions ting affidavits or declarations; and under section 315(e) shall apply to that peti- ‘‘(a) INFRINGER’S ACTION.—An inter partes ‘‘(B) what is otherwise necessary in the in- tioner. If no petitioner remains in the inter review may not be instituted or maintained terest of justice; partes review, the Office may terminate the if the petitioner or real party in interest has ‘‘(7) prescribing sanctions for abuse of dis- review or proceed to a final written decision filed a civil action challenging the validity covery, abuse of process, or any other im- under section 318(a). of a claim of the patent. proper use of the proceeding, such as to har- ‘‘(b) AGREEMENTS IN WRITING.—Any agree- ‘‘(b) PATENT OWNER’S ACTION.—An inter ass or to cause unnecessary delay or an un- ment or understanding between the patent partes review may not be instituted if the necessary increase in the cost of the pro- owner and a petitioner, including any collat- petition requesting the proceeding is filed ceeding; eral agreements referred to in such agree- more than 6 months after the date on which ‘‘(8) providing for protective orders gov- ment or understanding, made in connection the petitioner, real party in interest, or his erning the exchange and submission of con- with, or in contemplation of, the termi- privy is served with a complaint alleging in- fidential information; nation of an inter partes review under this fringement of the patent. The time limita- ‘‘(9) allowing the patent owner to file a re- section shall be in writing and a true copy of tion set forth in the preceding sentence shall sponse to the petition after an inter partes not apply to a request for joinder under sub- review has been instituted, and requiring such agreement or understanding shall be section (c). that the patent owner file with such re- filed in the Office before the termination of the inter partes review as between the par- ‘‘(c) JOINDER.—If the Director institutes an sponse, through affidavits or declarations, inter partes review, the Director, in his dis- any additional factual evidence and expert ties. If any party filing such agreement or cretion, may join as a party to that inter opinions on which the patent owner relies in understanding so requests, the copy shall be partes review any person who properly files a support of the response; kept separate from the file of the inter petition under section 311 that the Director, ‘‘(10) setting forth standards and proce- partes review, and shall be made available after receiving a preliminary response under dures for allowing the patent owner to move only to Federal Government agencies upon section 313 or the expiration of the time for to amend the patent under subsection (d) to written request, or to any other person on a filing such a response, determines warrants cancel a challenged claim or propose a rea- showing of good cause. the institution of an inter partes review sonable number of substitute claims, and en- ‘‘§ 318. Decision of the board under section 314. suring that any information submitted by ‘‘(a) FINAL WRITTEN DECISION.—If an inter ‘‘(d) MULTIPLE PROCEEDINGS.—Notwith- the patent owner in support of any amend- partes review is instituted and not dismissed standing sections 135(a), 251, and 252, and ment entered under subsection (d) is made under this chapter, the Patent Trial and Ap- chapter 30, during the pendency of an inter available to the public as part of the pros- peal Board shall issue a final written deci- partes review, if another proceeding or mat- ecution history of the patent; sion with respect to the patentability of any ter involving the patent is before the Office, ‘‘(11) providing either party with the right patent claim challenged by the petitioner the Director may determine the manner in to an oral hearing as part of the proceeding; and any new claim added under section which the inter partes review or other pro- and 316(d).

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‘‘(b) CERTIFICATE.—If the Patent Trial and (ii) in section 313, by striking ‘‘a substan- file a preliminary response within 2 months Appeal Board issues a final written decision tial new question of patentability affecting a of the filing of the petition. under subsection (a) and the time for appeal claim of the patent is raised’’ and inserting ‘‘(b) CONTENT OF RESPONSE.—A preliminary has expired or any appeal has terminated, ‘‘it has been shown that there is a reasonable response to a petition for post-grant review the Director shall issue and publish a certifi- likelihood that the requester would prevail shall set forth reasons why no post-grant re- cate canceling any claim of the patent fi- with respect to at least 1 of the claims chal- view should be instituted based upon the nally determined to be unpatentable, con- lenged in the request’’. failure of the petition to meet any require- firming any claim of the patent determined (B) APPLICATION.—The amendments made ment of this chapter. to be patentable, and incorporating in the by this paragraph shall apply to requests for ‘‘§ 324. Institution of post-grant review patent by operation of the certificate any inter partes reexamination that are filed on ‘‘(a) THRESHOLD.—The Director may not new or amended claim determined to be pat- or after the date of the enactment of this authorize a post-grant review to commence entable. Act, but prior to the effective date of sub- ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- unless the Director determines that the in- section (a). formation presented in the petition, if such ent and Trademark Office shall make avail- (d) POST-GRANT REVIEW.—Part III of title able to the public data describing the length information is not rebutted, would dem- 35, United States Code, is amended by adding onstrate that it is more likely than not that of time between the commencement of each at the end the following: inter partes review and the conclusion of at least 1 of the claims challenged in the pe- that review. ‘‘CHAPTER 32—POST-GRANT REVIEW tition is unpatentable. ‘‘(b) ADDITIONAL GROUNDS.—The deter- ‘‘§ 319. Appeal ‘‘Sec. ‘‘321. Post-grant review. mination required under subsection (a) may ‘‘A party dissatisfied with the final written ‘‘322. Petitions. also be satisfied by a showing that the peti- decision of the Patent Trial and Appeal ‘‘323. Preliminary response to petition. tion raises a novel or unsettled legal ques- Board under section 318(a) may appeal the ‘‘324. Institution of post-grant review. tion that is important to other patents or decision pursuant to sections 141 through 144. ‘‘325. Relation to other proceedings or ac- patent applications. Any party to the inter partes review shall tions. ‘‘(c) TIMING.—The Director shall determine have the right to be a party to the appeal.’’. ‘‘326. Conduct of post-grant review. whether to institute a post-grant review (b) TECHNICAL AND CONFORMING AMEND- ‘‘327. Settlement. MENT.—The table of chapters for part III of under this chapter within 3 months after re- title 35, United States Code, is amended by ‘‘328. Decision of the board. ceiving a preliminary response under section ‘‘329. Appeal. striking the item relating to chapter 31 and 323 or, if none is filed, the expiration of the inserting the following: ‘‘§ 321. Post-grant review time for filing such a response. ‘‘(d) NOTICE.—The Director shall notify the ‘‘31. Inter Partes Review ...... 311.’’. ‘‘(a) IN GENERAL.—Subject to the provisions of this chapter, a person who is not the petitioner and patent owner, in writing, of (c) REGULATIONS AND EFFECTIVE DATE.— the Director’s determination under sub- (1) REGULATIONS.—The Director shall, not patent owner may file with the Office a petition to institute a post-grant review for a section (a) or (b), and shall make such notice later than the date that is 1 year after the available to the public as soon as is prac- date of the enactment of this Act, issue regu- patent. The Director shall establish, by regulation, fees to be paid by the person request- ticable. The Director shall make each notice lations to carry out chapter 31 of title 35, of the institution of a post-grant review United States Code, as amended by sub- ing the review, in such amounts as the Direc- tor determines to be reasonable, considering available to the public. Such notice shall list section (a) of this section. the date on which the review shall com- (2) APPLICABILITY.— the aggregate costs of the post-grant review. mence. (A) IN GENERAL.—The amendments made ‘‘(b) SCOPE.—A petitioner in a post-grant review may request to cancel as ‘‘(e) NO APPEAL.—The determination by by subsection (a) shall take effect on the the Director whether to institute a post- date that is 1 year after the date of the en- unpatentable 1 or more claims of a patent on any ground that could be raised under para- grant review under this section shall be final actment of this Act and shall apply to all and nonappealable. patents issued before, on, or after the effec- graph (2) or (3) of section 282(b) (relating to tive date of subsection (a). invalidity of the patent or any claim). ‘‘§ 325. Relation to other proceedings or ac- (B) EXCEPTION.—The provisions of chapter ‘‘(c) FILING DEADLINE.—A petition for a tions 31 of title 35, United States Code, as amended post-grant review shall be filed not later ‘‘(a) INFRINGER’S ACTION.—A post-grant re- by paragraph (3), shall continue to apply to than 9 months after the grant of the patent view may not be instituted or maintained if requests for inter partes reexamination that or issuance of a reissue patent. the petitioner or real party in interest has are filed prior to the effective date of sub- ‘‘§ 322. Petitions filed a civil action challenging the validity of a claim of the patent. section (a) as if subsection (a) had not been ‘‘(a) REQUIREMENTS OF PETITION.—A peti- enacted. tion filed under section 321 may be consid- ‘‘(b) PRELIMINARY INJUNCTIONS.—If a civil (C) GRADUATED IMPLEMENTATION.—The Di- ered only if— action alleging infringement of a patent is rector may impose a limit on the number of ‘‘(1) the petition is accompanied by pay- filed within 3 months of the grant of the pat- inter partes reviews that may be instituted ment of the fee established by the Director ent, the court may not stay its consideration during each of the first 4 years following the under section 321; of the patent owner’s motion for a prelimi- effective date of subsection (a), provided that ‘‘(2) the petition identifies all real parties nary injunction against infringement of the such number shall in each year be equivalent in interest; patent on the basis that a petition for post- to or greater than the number of inter partes ‘‘(3) the petition identifies, in writing and grant review has been filed or that such a reexaminations that are ordered in the last with particularity, each claim challenged, proceeding has been instituted. ‘‘(c) JOINDER.—If more than 1 petition for a full fiscal year prior to the effective date of the grounds on which the challenge to each post-grant review is properly filed against subsection (a). claim is based, and the evidence that sup- (3) TRANSITION.— the same patent and the Director determines ports the grounds for the challenge to each (A) IN GENERAL.—Chapter 31 of title 35, that more than 1 of these petitions warrants claim, including— United States Code, is amended— the institution of a post-grant review under ‘‘(A) copies of patents and printed publica- (i) in section 312— section 324, the Director may consolidate tions that the petitioner relies upon in sup- (I) in subsection (a)— such reviews into a single post-grant review. port of the petition; and (aa) in the first sentence, by striking ‘‘a ‘‘(d) MULTIPLE PROCEEDINGS.—Notwith- ‘‘(B) affidavits or declarations of sup- substantial new question of patentability af- standing sections 135(a), 251, and 252, and porting evidence and opinions, if the peti- fecting any claim of the patent concerned is chapter 30, during the pendency of any post- tioner relies on other factual evidence or on raised by the request,’’ and inserting ‘‘the in- grant review, if another proceeding or mat- expert opinions; formation presented in the request shows ter involving the patent is before the Office, ‘‘(4) the petition provides such other infor- that there is a reasonable likelihood that the the Director may determine the manner in mation as the Director may require by regu- requester would prevail with respect to at which the post-grant review or other pro- lation; and least 1 of the claims challenged in the re- ceeding or matter may proceed, including ‘‘(5) the petitioner provides copies of any of quest,’’; and providing for stay, transfer, consolidation, or the documents required under paragraphs (2), (bb) in the second sentence, by striking termination of any such matter or pro- (3), and (4) to the patent owner or, if applica- ‘‘The existence of a substantial new question ceeding. In determining whether to institute ble, the designated representative of the pat- of patentability’’ and inserting ‘‘A showing or order a proceeding under this chapter, ent owner. that there is a reasonable likelihood that the chapter 30, or chapter 31, the Director may ‘‘(b) PUBLIC AVAILABILITY.—As soon as requester would prevail with respect to at take into account whether, and reject the pe- practicable after the receipt of a petition least 1 of the claims challenged in the re- tition or request because, the same or sub- under section 321, the Director shall make quest’’; and stantially the same prior art or arguments the petition available to the public. (II) in subsection (c), in the second sen- previously were presented to the Office. tence, by striking ‘‘no substantial new ques- ‘‘§ 323. Preliminary response to petition ‘‘(e) ESTOPPEL.— tion of patentability has been raised,’’ and ‘‘(a) PRELIMINARY RESPONSE.—If a post- ‘‘(1) PROCEEDINGS BEFORE THE OFFICE.—The inserting ‘‘the showing required by sub- grant review petition is filed under section petitioner in a post-grant review under this section (a) has not been made,’’; and 321, the patent owner shall have the right to chapter, or his real party in interest or

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.021 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1387 privy, may not request or maintain a pro- later than 1 year after the date on which the under subsection (a) and the time for appeal ceeding before the Office with respect to a Director notices the institution of a pro- has expired or any appeal has terminated, claim on any ground that the petitioner ceeding under this chapter, except that the the Director shall issue and publish a certifi- raised or reasonably could have raised during Director may, for good cause shown, extend cate canceling any claim of the patent fi- a post-grant review of the claim that re- the 1-year period by not more than 6 months, nally determined to be unpatentable, con- sulted in a final written decision under sec- and may adjust the time periods in this para- firming any claim of the patent determined tion 328(a). graph in the case of joinder under section to be patentable, and incorporating in the ‘‘(2) CIVIL ACTIONS AND OTHER PRO- 325(c). patent by operation of the certificate any CEEDINGS.—The petitioner in a post-grant re- ‘‘(b) CONSIDERATIONS.—In prescribing regu- new or amended claim determined to be pat- view under this chapter, or his real party in lations under this section, the Director shall entable. interest or privy, may not assert either in a consider the effect of any such regulation on ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- civil action arising in whole or in part under the economy, the integrity of the patent sys- ent and Trademark Office shall make avail- section 1338 of title 28 or in a proceeding be- tem, the efficient administration of the Of- able to the public data describing the length fore the International Trade Commission fice, and the ability of the Office to timely of time between the commencement of each that a claim in a patent is invalid on any complete proceedings instituted under this post-grant review and the conclusion of that ground that the petitioner raised during a chapter. review. post-grant review of the claim that resulted ‘‘(c) PATENT TRIAL AND APPEAL BOARD.— ‘‘§ 329. Appeal in a final written decision under section The Patent Trial and Appeal Board shall, in ‘‘A party dissatisfied with the final written 328(a). accordance with section 6, conduct each pro- decision of the Patent Trial and Appeal ‘‘(f) REISSUE PATENTS.—A post-grant re- ceeding authorized by the Director. Board under section 328(a) may appeal the ‘‘(d) AMENDMENT OF THE PATENT.— view may not be instituted if the petition re- decision pursuant to sections 141 through 144. ‘‘(1) IN GENERAL.—During a post-grant requests cancellation of a claim in a reissue Any party to the post-grant review shall view instituted under this chapter, the pat- patent that is identical to or narrower than have the right to be a party to the appeal.’’. a claim in the original patent from which ent owner may file 1 motion to amend the (e) TECHNICAL AND CONFORMING AMEND- the reissue patent was issued, and the time patent in 1 or more of the following ways: MENT.—The table of chapters for part III of limitations in section 321(c) would bar filing ‘‘(A) Cancel any challenged patent claim. title 35, United States Code, is amended by a petition for a post-grant review for such ‘‘(B) For each challenged claim, propose a adding at the end the following: original patent. reasonable number of substitute claims. ‘‘32. Post-Grant Review ...... 321.’’. ‘‘§ 326. Conduct of post-grant review ‘‘(2) ADDITIONAL MOTIONS.—Additional mo- (f) REGULATIONS AND EFFECTIVE DATE.— ‘‘(a) REGULATIONS.—The Director shall pre- tions to amend may be permitted upon the joint request of the petitioner and the patent (1) REGULATIONS.—The Director shall, not scribe regulations— later than the date that is 1 year after the ‘‘(1) providing that the file of any pro- owner to materially advance the settlement of a proceeding under section 327, or upon date of the enactment of this Act, issue regu- ceeding under this chapter shall be made lations to carry out chapter 32 of title 35, available to the public, except that any peti- the request of the patent owner for good cause shown. United States Code, as added by subsection tion or document filed with the intent that (d) of this section. it be sealed shall be accompanied by a mo- ‘‘(3) SCOPE OF CLAIMS.—An amendment (2) APPLICABILITY.—The amendments made tion to seal, and such petition or document under this subsection may not enlarge the scope of the claims of the patent or intro- by subsection (d) shall take effect on the shall be treated as sealed pending the out- date that is 1 year after the date of the en- come of the ruling on the motion; duce new matter. ‘‘(e) EVIDENTIARY STANDARDS.—In a post- actment of this Act and, except as provided ‘‘(2) setting forth the standards for the in section 18 and in paragraph (3), shall apply showing of sufficient grounds to institute a grant review instituted under this chapter, only to patents that are described in section review under subsections (a) and (b) of sec- the petitioner shall have the burden of prov- 2(o)(1). The Director may impose a limit on tion 324; ing a proposition of unpatentability by a pre- the number of post-grant reviews that may ‘‘(3) establishing procedures for the sub- ponderance of the evidence. be instituted during each of the 4 years fol- mission of supplemental information after ‘‘§ 327. Settlement lowing the effective date of subsection (d). the petition is filed; ‘‘(a) IN GENERAL.—A post-grant review in- (3) PENDING INTERFERENCES.—The Director ‘‘(4) in accordance with section 2(b)(2), es- stituted under this chapter shall be termi- shall determine the procedures under which tablishing and governing a post-grant review nated with respect to any petitioner upon interferences commenced before the effective under this chapter and the relationship of the joint request of the petitioner and the date of subsection (d) are to proceed, includ- such review to other proceedings under this patent owner, unless the Office has decided ing whether any such interference is to be title; the merits of the proceeding before the re- dismissed without prejudice to the filing of a ‘‘(5) setting forth standards and procedures quest for termination is filed. If the post- petition for a post-grant review under chap- for discovery of relevant evidence, including grant review is terminated with respect to a ter 32 of title 35, United States Code, or is to that such discovery shall be limited to evi- petitioner under this section, no estoppel dence directly related to factual assertions under section 325(e) shall apply to that peti- proceed as if this Act had not been enacted. advanced by either party in the proceeding; tioner. If no petitioner remains in the post- The Director shall include such procedures ‘‘(6) prescribing sanctions for abuse of dis- grant review, the Office may terminate the in regulations issued under paragraph (1). covery, abuse of process, or any other im- post-grant review or proceed to a final writ- For purposes of an interference that is com- proper use of the proceeding, such as to har- ten decision under section 328(a). menced before the effective date of sub- ass or to cause unnecessary delay or an un- ‘‘(b) AGREEMENTS IN WRITING.—Any agree- section (d), the Director may deem the Pat- necessary increase in the cost of the pro- ment or understanding between the patent ent Trial and Appeal Board to be the Board ceeding; owner and a petitioner, including any collat- of Patent Appeals and Interferences, and ‘‘(7) providing for protective orders gov- eral agreements referred to in such agree- may allow the Patent Trial and Appeal erning the exchange and submission of con- ment or understanding, made in connection Board to conduct any further proceedings in fidential information; with, or in contemplation of, the termi- that interference. The authorization to ap- ‘‘(8) allowing the patent owner to file a re- nation of a post-grant review under this sec- peal or have remedy from derivation pro- sponse to the petition after a post-grant re- tion shall be in writing, and a true copy of ceedings in sections 141(d) and 146 of title 35, view has been instituted, and requiring that such agreement or understanding shall be United States Code, and the jurisdiction to the patent owner file with such response, filed in the Office before the termination of entertain appeals from derivation pro- through affidavits or declarations, any addi- the post-grant review as between the parties. ceedings in section 1295(a)(4)(A) of title 28, tional factual evidence and expert opinions If any party filing such agreement or under- United States Code, shall be deemed to ex- on which the patent owner relies in support standing so requests, the copy shall be kept tend to final decisions in interferences that of the response; separate from the file of the post-grant re- are commenced before the effective date of ‘‘(9) setting forth standards and procedures view, and shall be made available only to subsection (d) and that are not dismissed for allowing the patent owner to move to Federal Government agencies upon written pursuant to this paragraph. amend the patent under subsection (d) to request, or to any other person on a showing (g) CITATION OF PRIOR ART AND WRITTEN cancel a challenged claim or propose a rea- of good cause. STATEMENTS.— sonable number of substitute claims, and en- ‘‘§ 328. Decision of the board (1) IN GENERAL.—Section 301 of title 35, United States Code, is amended to read as suring that any information submitted by ‘‘(a) FINAL WRITTEN DECISION.—If a post- follows: the patent owner in support of any amend- grant review is instituted and not dismissed ment entered under subsection (d) is made under this chapter, the Patent Trial and Ap- ‘‘§ 301. Citation of prior art and written state- available to the public as part of the pros- peal Board shall issue a final written deci- ments ecution history of the patent; sion with respect to the patentability of any ‘‘(a) IN GENERAL.—Any person at any time ‘‘(10) providing either party with the right patent claim challenged by the petitioner may cite to the Office in writing— to an oral hearing as part of the proceeding; and any new claim added under section ‘‘(1) prior art consisting of patents or and 326(d). printed publications which that person be- ‘‘(11) requiring that the final determina- ‘‘(b) CERTIFICATE.—If the Patent Trial and lieves to have a bearing on the patentability tion in any post-grant review be issued not Appeal Board issues a final written decision of any claim of a particular patent; or

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.022 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1388 CONGRESSIONAL RECORD — SENATE March 8, 2011 ‘‘(2) statements of the patent owner filed in ‘‘(1) on written appeal of an applicant, re- ‘‘(A) the Patent Trial and Appeal Board of a proceeding before a Federal court or the view adverse decisions of examiners upon ap- the United States Patent and Trademark Of- Office in which the patent owner took a posi- plications for patents pursuant to section fice with respect to patent applications, deri- tion on the scope of any claim of a particular 134(a); vation proceedings, reexaminations, post- patent. ‘‘(2) review appeals of reexaminations pur- grant reviews, and inter partes reviews at ‘‘(b) OFFICIAL FILE.—If the person citing suant to section 134(b); the instance of a party who exercised his prior art or written statements pursuant to ‘‘(3) conduct derivation proceedings pursu- right to participate in a proceeding before or subsection (a) explains in writing the perti- ant to section 135; and appeal to the Board, except that an applicant nence and manner of applying the prior art ‘‘(4) conduct inter partes reviews and post- or a party to a derivation proceeding may or written statements to at least 1 claim of grant reviews pursuant to chapters 31 and 32. also have remedy by civil action pursuant to the patent, the citation of the prior art or ‘‘(c) Each appeal, derivation proceeding, section 145 or 146 of title 35. An appeal under written statements and the explanation post-grant review, and inter partes review this subparagraph of a decision of the Board thereof shall become a part of the official shall be heard by at least 3 members of the with respect to an application or derivation file of the patent. Patent Trial and Appeal Board, who shall be proceeding shall waive the right of such ap- ‘‘(c) ADDITIONAL INFORMATION.—A party designated by the Director. Only the Patent plicant or party to proceed under section 145 that submits a written statement pursuant Trial and Appeal Board may grant re- or 146 of title 35;’’. to subsection (a)(2) shall include any other hearings. (3) PROCEEDINGS ON APPEAL.—Section 143 of documents, pleadings, or evidence from the ‘‘(d) The Secretary of Commerce may, in title 35, United States Code, is amended— proceeding in which the statement was filed his discretion, deem the appointment of an (A) by striking the third sentence and in- that addresses the written statement. administrative patent judge who, before the serting the following: ‘‘In an ex parte case, ‘‘(d) LIMITATIONS.—A written statement date of the enactment of this subsection, the Director shall submit to the court in submitted pursuant to subsection (a)(2), and held office pursuant to an appointment by writing the grounds for the decision of the additional information submitted pursuant the Director to take effect on the date on Patent and Trademark Office, addressing all to subsection (c), shall not be considered by which the Director initially appointed the of the issues raised in the appeal. The Direc- the Office for any purpose other than to de- administrative patent judge. It shall be a de- tor shall have the right to intervene in an termine the proper meaning of a patent fense to a challenge to the appointment of an appeal from a decision entered by the Patent claim in a proceeding that is ordered or in- administrative patent judge on the basis of Trial and Appeal Board in a derivation pro- stituted pursuant to section 304, 314, or 324. If the judge’s having been originally appointed ceeding under section 135 or in an inter any such written statement or additional in- by the Director that the administrative pat- partes or post-grant review under chapter 31 formation is subject to an applicable protec- ent judge so appointed was acting as a de or 32.’’; and tive order, it shall be redacted to exclude in- facto officer.’’. (B) by repealing the second of the two iden- formation that is subject to that order. (b) ADMINISTRATIVE APPEALS.—Section 134 tical fourth sentences. ‘‘(e) CONFIDENTIALITY.—Upon the written of title 35, United States Code, is amended— (d) EFFECTIVE DATE.—The amendments request of the person citing prior art or writ- made by this section shall take effect 1 year ten statements pursuant to subsection (a), (1) in subsection (b), by striking ‘‘any reexamination proceeding’’ and inserting ‘‘a re- after the date of the enactment of this Act that person’s identity shall be excluded from and shall apply to proceedings commenced the patent file and kept confidential.’’. examination’’; and (2) by striking subsection (c). on or after that effective date, except that— (2) EFFECTIVE DATE.—The amendment (1) the extension of jurisdiction to the (c) CIRCUIT APPEALS.— made by this subsection shall take effect 1 United States Court of Appeals for the Fed- (1) IN GENERAL.—Section 141 of title 35, year after the date of the enactment of this eral Circuit to entertain appeals of decisions Act and shall apply to patents issued before, United States Code, is amended to read as follows: of the Patent Trial and Appeal Board in re- on, or after that effective date. examinations under the amendment made by (h) REEXAMINATION.— ‘‘§ 141. Appeal to the Court of Appeals for the subsection (c)(2) shall be deemed to take ef- (1) DETERMINATION BY DIRECTOR.— Federal Circuit fect on the date of enactment of this Act and (A) IN GENERAL.—Section 303(a) of title 35, ‘‘(a) EXAMINATIONS.—An applicant who is shall extend to any decision of the Board of United States Code, is amended by striking dissatisfied with the final decision in an ap- Patent Appeals and Interferences with re- ‘‘section 301 of this title’’ and inserting ‘‘sec- peal to the Patent Trial and Appeal Board spect to a reexamination that is entered be- tion 301 or 302’’. under section 134(a) may appeal the Board’s fore, on, or after the date of the enactment (B) EFFECTIVE DATE.—The amendment decision to the United States Court of Ap- of this Act; made by this paragraph shall take effect 1 peals for the Federal Circuit. By filing such (2) the provisions of sections 6, 134, and 141 year after the date of the enactment of this an appeal, the applicant waives his right to of title 35, United States Code, in effect on Act and shall apply to patents issued before, proceed under section 145. the day prior to the date of the enactment of on, or after that effective date. ‘‘(b) REEXAMINATIONS.—A patent owner this Act shall continue to apply to inter (2) APPEAL.— who is dissatisfied with the final decision in partes reexaminations that are requested (A) IN GENERAL.—Section 306 of title 35, an appeal of a reexamination to the Patent under section 311 prior to the date that is 1 United States Code, is amended by striking Trial and Appeal Board under section 134(b) year after the date of the enactment of this ‘‘145’’ and inserting ‘‘144’’. may appeal the Board’s decision only to the Act; (B) EFFECTIVE DATE.—The amendment United States Court of Appeals for the Fed- (3) the Patent Trial and Appeal Board may made by this paragraph shall take effect on eral Circuit. be deemed to be the Board of Patent Appeals the date of enactment of this Act and shall ‘‘(c) POST-GRANT AND INTER PARTES RE- and Interferences for purposes of appeals of apply to appeals of reexaminations that are VIEWS.—A party to a post-grant or inter inter partes reexaminations that are re- pending before the Board of Patent Appeals partes review who is dissatisfied with the quested under section 311 prior to the date and Interferences or the Patent Trial and final written decision of the Patent Trial and that is 1 year after the date of the enactment Appeal Board on or after the date of the en- Appeal Board under section 318(a) or 328(a) of this Act; and actment of this Act. may appeal the Board’s decision only to the (4) the Director’s right under the last sen- SEC. 6. PATENT TRIAL AND APPEAL BOARD. United States Court of Appeals for the Fed- tence of section 143 of title 35, United States (a) COMPOSITION AND DUTIES.—Section 6 of eral Circuit. Code, as amended by subsection (c)(3), to in- title 35, United States Code, is amended to ‘‘(d) DERIVATION PROCEEDINGS.—A party to tervene in an appeal from a decision entered read as follows: a derivation proceeding who is dissatisfied by the Patent Trial and Appeal Board shall ‘‘§ 6. Patent Trial and Appeal Board with the final decision of the Patent Trial be deemed to extend to inter partes reexam- ‘‘(a) There shall be in the Office a Patent and Appeal Board on the proceeding may ap- inations that are requested under section 311 Trial and Appeal Board. The Director, the peal the decision to the United States Court prior to the date that is 1 year after the date Deputy Director, the Commissioner for Pat- of Appeals for the Federal Circuit, but such of the enactment of this Act. ents, the Commissioner for Trademarks, and appeal shall be dismissed if any adverse SEC. 7. PREISSUANCE SUBMISSIONS BY THIRD the administrative patent judges shall con- party to such derivation proceeding, within PARTIES. stitute the Patent Trial and Appeal Board. 20 days after the appellant has filed notice of (a) IN GENERAL.—Section 122 of title 35, The administrative patent judges shall be appeal in accordance with section 142, files United States Code, is amended by adding at persons of competent legal knowledge and notice with the Director that the party the end the following: scientific ability who are appointed by the elects to have all further proceedings con- ‘‘(e) PREISSUANCE SUBMISSIONS BY THIRD Secretary, in consultation with the Director. ducted as provided in section 146. If the ap- PARTIES.— Any reference in any Federal law, Executive pellant does not, within 30 days after the fil- ‘‘(1) IN GENERAL.—Any third party may order, rule, regulation, or delegation of au- ing of such notice by the adverse party, file submit for consideration and inclusion in the thority, or any document of or pertaining to a civil action under section 146, the Board’s record of a patent application, any patent, the Board of Patent Appeals and Inter- decision shall govern the further proceedings published patent application, or other print- ferences is deemed to refer to the Patent in the case.’’. ed publication of potential relevance to the Trial and Appeal Board. (2) JURISDICTION.—Section 1295(a)(4)(A) of examination of the application, if such sub- ‘‘(b) The Patent Trial and Appeal Board title 28, United States Code, is amended to mission is made in writing before the earlier shall— read as follows: of—

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.022 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1389 ‘‘(A) the date a notice of allowance under (A) submit to the Patent Public Advisory (B) striking ‘‘shall be administered as section 151 is given or mailed in the applica- Committee or the Trademark Public Advi- though that subsection’’. tion for patent; or sory Committee, or both, as appropriate, any (c) ADJUSTMENT OF TRADEMARK FEES.—Di- ‘‘(B) the later of— proposed fee under paragraph (1) not less vision B of Public Law 108–447 is amended in ‘‘(i) 6 months after the date on which the than 45 days before publishing any proposed title VIII of the Departments of Commerce, application for patent is first published fee in the Federal Register; Justice and State, the Judiciary and Related under section 122 by the Office, or (B) provide the relevant advisory com- Agencies Appropriations Act, 2005, in section ‘‘(ii) the date of the first rejection under mittee described in subparagraph (A) a 30- 802(a) by striking ‘‘During fiscal years 2005, section 132 of any claim by the examiner dur- day period following the submission of any 2006 and 2007’’, and inserting ‘‘Until such ing the examination of the application for proposed fee, on which to deliberate, con- time as the Director sets or adjusts the fees patent. sider, and comment on such proposal, and re- otherwise,’’. ‘‘(2) OTHER REQUIREMENTS.—Any submis- quire that— (d) EFFECTIVE DATE, APPLICABILITY, AND sion under paragraph (1) shall— (i) during such 30-day period, the relevant TRANSITION PROVISIONS.—Division B of Pub- ‘‘(A) set forth a concise description of the advisory committee hold a public hearing re- lic Law 108–447 is amended in title VIII of the asserted relevance of each submitted docu- lated to such proposal; and Departments of Commerce, Justice and ment; (ii) the Director shall assist the relevant State, the Judiciary and Related Agencies ‘‘(B) be accompanied by such fee as the Di- advisory committee in carrying out such Appropriations Act, 2005, in section 803(a) by rector may prescribe; and public hearing, including by offering the use striking ‘‘and shall apply only with respect ‘‘(C) include a statement by the person of Office resources to notify and promote the to the remaining portion of fiscal year 2005, making such submission affirming that the hearing to the public and interested stake- 2006 and 2007’’. (e) STATUTORY AUTHORITY.—Section submission was made in compliance with holders; 41(d)(1)(A) of title 35, United States Code, is this section.’’. (C) require the relevant advisory com- amended by striking ‘‘, and the Director may (b) EFFECTIVE DATE.—The amendments mittee to make available to the public a not increase any such fee thereafter’’. made by this section shall take effect 1 year written report detailing the comments, ad- after the date of the enactment of this Act (f) RULE OF CONSTRUCTION.—Nothing in this vice, and recommendations of the committee section shall be construed to affect any other and shall apply to patent applications filed regarding any proposed fee; before, on, or after that effective date. provision of Division B of Public Law 108–447, (D) consider and analyze any comments, including section 801(c) of title VIII of the SEC. 8. VENUE. advice, or recommendations received from Departments of Commerce, Justice and (a) TECHNICAL AMENDMENTS RELATING TO the relevant advisory committee before set- State, the Judiciary and Related Agencies VENUE.—Sections 32, 145, 146, 154(b)(4)(A), and ting or adjusting any fee; and 293 of title 35, United States Code, and sec- Appropriations Act, 2005. (E) notify, through the Chair and Ranking (g) DEFINITIONS.—In this section, the fol- tion 21(b)(4) of the Act entitled ‘‘An Act to Member of the Senate and House Judiciary lowing definitions shall apply: provide for the registration and protection of Committees, the Congress of any final rule (1) DIRECTOR.—The term ‘‘Director’’ means trademarks used in commerce, to carry out setting or adjusting fees under paragraph (1). the provisions of certain international con- the Director of the United States Patent and (5) PUBLICATION IN THE FEDERAL REG- ventions, and for other purposes’’, approved Trademark Office. ISTER.— July 5, 1946 (commonly referred to as the (2) OFFICE.—The term ‘‘Office’’ means the (A) IN GENERAL.—Any rules prescribed ‘‘Trademark Act of 1946’’ or the ‘‘Lanham United States Patent and Trademark Office. under this subsection shall be published in Act’’; 15 U.S.C. 1071(b)(4)), are each amended (3) TRADEMARK ACT OF 1946.—The term the Federal Register. by striking ‘‘United States District Court for ‘‘Trademark Act of 1946’’ means an Act enti- (B) RATIONALE.—Any proposal for a change the District of Columbia’’ each place that tled ‘‘Act to provide for the registration and in fees under this section shall— term appears and inserting ‘‘United States protection of trademarks used in commerce, District Court for the Eastern District of (i) be published in the Federal Register; to carry out the provisions of certain inter- Virginia’’. and national conventions, and for other pur- (b) EFFECTIVE DATE.—The amendments (ii) include, in such publication, the spe- poses’’, approved July 5, 1946 (15 U.S.C. 1051 made by this section shall take effect upon cific rationale and purpose for the proposal, et seq.) (commonly referred to as the Trade- the date of the enactment of this Act and including the possible expectations or bene- mark Act of 1946 or the Lanham Act). shall apply to civil actions commenced on or fits resulting from the proposed change. (h) ELECTRONIC FILING INCENTIVE.— after that date. (C) PUBLIC COMMENT PERIOD.—Following (1) IN GENERAL.—Notwithstanding any SEC. 9. FEE SETTING AUTHORITY. the publication of any proposed fee in the other provision of this section, a fee of $400 (a) FEE SETTING.— Federal Register pursuant to subparagraph shall be established for each application for (1) IN GENERAL.—The Director shall have (A), the Director shall seek public comment an original patent, except for a design, plant, authority to set or adjust by rule any fee es- for a period of not less than 45 days. or provisional application, that is not filed tablished, authorized, or charged under title (6) CONGRESSIONAL COMMENT PERIOD.—Fol- by electronic means as prescribed by the Di- 35, United States Code, and the Trademark lowing the notification described in para- rector. The fee established by this subsection Act of 1946 (15 U.S.C. 1051 et seq.), notwith- graph (3)(E), Congress shall have not more shall be reduced 50 percent for small entities standing the fee amounts established, au- than 45 days to consider and comment on that qualify for reduced fees under section thorized, or charged thereunder, for all serv- any final rule setting or adjusting fees under 41(h)(1) of title 35, United States Code. All ices performed by or materials furnished by, paragraph (1). No fee set or adjusted under fees paid under this subsection shall be de- the Office, provided that patent and trade- paragraph (1) shall be effective prior to the posited in the Treasury as an offsetting re- mark fee amounts are in the aggregate set to end of such 45-day comment period. ceipt that shall not be available for obliga- recover the estimated cost to the Office for (7) RULE OF CONSTRUCTION.—No rules pre- tion or expenditure. processing, activities, services, and mate- scribed under this subsection may diminish— (2) EFFECTIVE DATE.—This subsection shall rials relating to patents and trademarks, re- (A) an applicant’s rights under title 35, become effective 60 days after the date of the spectively, including proportionate shares of United States Code, or the Trademark Act of enactment of this Act. the administrative costs of the Office. 1946; or (i) REDUCTION IN FEES FOR SMALL ENTITY (2) SMALL AND MICRO ENTITIES.—The fees (B) any rights under a ratified treaty. PATENTS.—The Director shall reduce fees for established under paragraph (1) for filing, (b) FEES FOR PATENT SERVICES.—Division B providing prioritized examination of utility searching, examining, issuing, appealing, and of Public Law 108–447 is amended in title VIII and plant patent applications by 50 percent maintaining patent applications and patents of the Departments of Commerce, Justice, for small entities that qualify for reduced shall be reduced by 50 percent with respect and State, the Judiciary, and Related Agen- fees under section 41(h)(1) of title 35, United to their application to any small entity that cies Appropriations Act, 2005— States Code, so long as the fees of the qualifies for reduced fees under section (1) in subsections (a), (b), and (c) of section prioritized examination program are set to 41(h)(1) of title 35, United States Code, and 801, by— recover the estimated cost of the program. shall be reduced by 75 percent with respect (A) striking ‘‘During’’ and all that follows (j) EFFECTIVE DATE.—Except as provided in to their application to any micro entity as through ‘‘ 2006, subsection’’ and inserting subsection (h), the provisions of this section defined in section 123 of that title. ‘‘Subsection’’; and shall take effect upon the date of the enact- (3) REDUCTION OF FEES IN CERTAIN FISCAL (B) striking ‘‘shall be administered as ment of this Act. YEARS.—In any fiscal year, the Director— though that subsection reads’’ and inserting SEC. 10. SUPPLEMENTAL EXAMINATION. (A) shall consult with the Patent Public ‘‘is amended to read’’; (a) IN GENERAL.—Chapter 25 of title 35, Advisory Committee and the Trademark (2) in subsection (d) of section 801, by strik- United States Code, is amended by adding at Public Advisory Committee on the advising ‘‘During’’ and all that follows through the end the following: ability of reducing any fees described in ‘‘2006, subsection’’ and inserting ‘‘Sub- ‘‘§ 257. Supplemental examinations to con- paragraph (1); and section’’; and sider, reconsider, or correct information (B) after the consultation required under (3) in subsection (e) of section 801, by— ‘‘(a) IN GENERAL.—A patent owner may re- subparagraph (A), may reduce such fees. (A) striking ‘‘During’’ and all that follows quest supplemental examination of a patent (4) ROLE OF THE PUBLIC ADVISORY COM- through ‘‘2006, subsection’’ and inserting in the Office to consider, reconsider, or cor- MITTEE.—The Director shall— ‘‘Subsection’’; and rect information believed to be relevant to

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the patent. Within 3 months of the date a re- and impose sanctions for misconduct in con- ‘‘(1) IN GENERAL.—For purposes of this sec- quest for supplemental examination meeting nection with matters or proceedings before tion, a micro entity shall include an appli- the requirements of this section is received, the Office; or cant who certifies that— the Director shall conduct the supplemental ‘‘(3) to limit the authority of the Director ‘‘(A) the applicant’s employer, from which examination and shall conclude such exam- to promulgate regulations under chapter 3 the applicant obtains the majority of the ap- ination by issuing a certificate indicating relating to sanctions for misconduct by rep- plicant’s income, is a State public institu- whether the information presented in the re- resentatives practicing before the Office.’’. tion of higher education, as defined in sec- quest raises a substantial new question of (b) EFFECTIVE DATE.—This section shall tion 102 of the Higher Education Act of 1965 patentability. take effect 1 year after the date of the enact- (20 U.S.C. 1002); or ‘‘(b) REEXAMINATION ORDERED.—If a sub- ment of this Act and shall apply to patents ‘‘(B) the applicant has assigned, granted, stantial new question of patentability is issued before, on, or after that date. conveyed, or is under an obligation by con- raised by 1 or more items of information in SEC. 11. RESIDENCY OF FEDERAL CIRCUIT tract or law to assign, grant, or convey, a li- the request, the Director shall order reexam- JUDGES. cense or other ownership interest in the par- ination of the patent. The reexamination (a) IN GENERAL.—Section 44(c) of title 28, ticular application to such State public in- shall be conducted according to procedures United States Code, is amended— stitution. established by chapter 30, except that the (1) by repealing the second sentence; and ‘‘(2) DIRECTOR’S AUTHORITY.—The Director patent owner shall not have the right to file (2) in the third sentence, by striking may, in the Director’s discretion, impose in- a statement pursuant to section 304. During ‘‘state’’ and inserting ‘‘State’’. come limits, annual filing limits, or other the reexamination, the Director shall ad- (b) NO PROVISION OF FACILITIES AUTHOR- limits on who may qualify as a micro entity dress each substantial new question of pat- IZED.—The repeal made by the amendment in pursuant to this subsection if the Director entability identified during the supple- subsection (a)(1) shall not be construed to determines that such additional limits are mental examination, notwithstanding the authorize the provision of any court facili- reasonably necessary to avoid an undue im- limitations therein relating to patents and ties or administrative support services out- pact on other patent applicants or owners or printed publication or any other provision of side of the District of Columbia. are otherwise reasonably necessary and ap- chapter 30. (c) EFFECTIVE DATE.—This section shall propriate. At least 3 months before any lim- ‘‘(c) EFFECT.— take effect on the date of enactment of this its proposed to be imposed pursuant to this ‘‘(1) IN GENERAL.—A patent shall not be Act. paragraph shall take effect, the Director held unenforceable on the basis of conduct SEC. 12. MICRO ENTITY DEFINED. shall inform the Committee on the Judiciary relating to information that had not been Chapter 11 of title 35, United States Code, of the House of Representatives and the considered, was inadequately considered, or is amended by adding at the end the fol- Committee on the Judiciary of the Senate of was incorrect in a prior examination of the lowing new section: any such proposed limits.’’. patent if the information was considered, reconsidered, or corrected during a supple- ‘‘§ 123. Micro entity defined SEC. 13. FUNDING AGREEMENTS. mental examination of the patent. The mak- ‘‘(a) IN GENERAL.—For purposes of this (a) IN GENERAL.—Section 202(c)(7)(E)(i) of ing of a request under subsection (a), or the title, the term ‘micro entity’ means an appli- title 35, United States Code, is amended— absence thereof, shall not be relevant to en- cant who makes a certification that the ap- (1) by striking ‘‘75 percent’’ and inserting forceability of the patent under section 282. plicant— ‘‘15 percent’’; and ‘‘(2) EXCEPTIONS.— ‘‘(1) qualifies as a small entity, as defined (2) by striking ‘‘25 percent’’ and inserting ‘‘(A) PRIOR ALLEGATIONS.—This subsection in regulations issued by the Director; ‘‘85 percent’’. shall not apply to an allegation pled with ‘‘(2) has not been named on 5 or more pre- (b) EFFECTIVE DATE.—The amendments particularity, or set forth with particularity viously filed patent applications, not includ- made by this section shall take effect on the in a notice received by the patent owner ing applications filed in another country, date of enactment of this Act and shall apply under section 505(j)(2)(B)(iv)(II) of the Fed- provisional applications under section 111(b), to patents issued before, on, or after that eral Food, Drug, and Cosmetic Act (21 U.S.C. or international applications filed under the date. 355(j)(2)(B)(iv)(II)), before the date of a sup- treaty defined in section 351(a) for which the SEC. 14. TAX STRATEGIES DEEMED WITHIN THE plemental-examination request under sub- basic national fee under section 41(a) was not PRIOR ART. section (a) to consider, reconsider, or correct paid; (a) IN GENERAL.—For purposes of evalu- information forming the basis for the allega- ‘‘(3) did not in the prior calendar year have ating an invention under section 102 or 103 of tion. a gross income, as defined in section 61(a) of title 35, United States Code, any strategy for ‘‘(B) PATENT ENFORCEMENT ACTIONS.—In an the Internal Revenue Code (26 U.S.C. 61(a)), reducing, avoiding, or deferring tax liability, action brought under section 337(a) of the exceeding 3 times the most recently reported whether known or unknown at the time of Tariff Act of 1930 (19 U.S.C. 1337(a)), or sec- median household income, as reported by the the invention or application for patent, shall tion 281 of this title, this subsection shall Bureau of Census; and be deemed insufficient to differentiate a not apply to any defense raised in the action ‘‘(4) has not assigned, granted, conveyed, claimed invention from the prior art. that is based upon information that was con- and is not under an obligation by contract or (b) DEFINITION.—For purposes of this sec- sidered, reconsidered, or corrected pursuant law to assign, grant, or convey, a license or tion, the term ‘‘tax liability’’ refers to any to a supplemental-examination request other ownership interest in the particular liability for a tax under any Federal, State, under subsection (a) unless the supplemental application to an entity that had a gross in- or local law, or the law of any foreign juris- examination, and any reexamination ordered come, as defined in section 61(a) of the Inter- diction, including any statute, rule, regula- pursuant to the request, are concluded before nal Revenue Code (26 U.S.C. 61(a)), exceeding tion, or ordinance that levies, imposes, or as- the date on which the action is brought. 3 times the most recently reported median sesses such tax liability. ‘‘(d) FEES AND REGULATIONS.—The Director household income, as reported by the Bureau (c) RULE OF CONSTRUCTION.—Nothing in shall, by regulation, establish fees for the of the Census, in the calendar year preceding this section shall be construed to imply that submission of a request for supplemental ex- the calendar year in which the fee is being other business methods are patentable or amination of a patent, and to consider each paid, other than an entity of higher edu- that other business-method patents are item of information submitted in the re- cation where the applicant is not an em- valid. quest. If reexamination is ordered pursuant ployee, a relative of an employee, or have (d) EFFECTIVE DATE; APPLICABILITY.—This to subsection (a), fees established and appli- any affiliation with the entity of higher edu- section shall take effect on the date of enact- cable to ex parte reexamination proceedings cation. ment of this Act and shall apply to any pat- under chapter 30 shall be paid in addition to ‘‘(b) APPLICATIONS RESULTING FROM PRIOR ent application pending and any patent fees applicable to supplemental examination. EMPLOYMENT.—An applicant is not consid- issued on or after that date. The Director shall promulgate regulations ered to be named on a previously filed appli- (e) EXCLUSION.—This section does not governing the form, content, and other re- cation for purposes of subsection (a)(2) if the apply to that part of an invention that is a quirements of requests for supplemental ex- applicant has assigned, or is under an obliga- method, apparatus, computer program prod- amination, and establishing procedures for tion by contract or law to assign, all owner- uct, or system, that is used solely for pre- conducting review of information submitted ship rights in the application as the result of paring a tax or information return or other in such requests. the applicant’s previous employment. tax filing, including one that records, trans- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ‘‘(c) FOREIGN CURRENCY EXCHANGE RATE.— mits, transfers, or organizes data related to this section shall be construed— If an applicant’s or entity’s gross income in such filing. ‘‘(1) to preclude the imposition of sanctions the preceding year is not in United States SEC. 15. BEST MODE REQUIREMENT. based upon criminal or antitrust laws (in- dollars, the average currency exchange rate, (a) IN GENERAL.—Section 282 of title 35, cluding section 1001(a) of title 18, the first as reported by the Internal Revenue Service, United State Code, is amended in its second section of the Clayton Act, and section 5 of during the preceding year shall be used to undesignated paragraph by striking para- the Federal Trade Commission Act to the ex- determine whether the applicant’s or enti- graph (3) and inserting the following: tent that section relates to unfair methods ty’s gross income exceeds the threshold spec- ‘‘(3) Invalidity of the patent or any claim of competition); ified in paragraphs (3) or (4) of subsection (a). in suit for failure to comply with— ‘‘(2) to limit the authority of the Director ‘‘(d) STATE INSTITUTIONS OF HIGHER EDU- ‘‘(A) any requirement of section 112, except to investigate issues of possible misconduct CATION.— that the failure to disclose the best mode

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shall not be a basis on which any claim of a (g) PRESUMPTION OF VALIDITY.—Section 282 (c) COURT OF APPEALS FOR THE FEDERAL patent may be canceled or held invalid or of title 35, United States Code, is amended— CIRCUIT.—Section 1295(a)(1) of title 28, United otherwise unenforceable; or (1) in the first undesignated paragraph— States Code, is amended to read as follows: ‘‘(B) any requirement of section 251.’’. (A) by striking ‘‘A patent’’ and inserting ‘‘(1) of an appeal from a final decision of a (b) CONFORMING AMENDMENT.—Sections ‘‘(a) IN GENERAL.—A patent’’; and district court of the United States, the Dis- 119(e)(1) and 120 of title 35, United States (B) by striking the third sentence; trict Court of Guam, the District Court of Code, are each amended by striking ‘‘the (2) in the second undesignated paragraph, the Virgin Islands, or the District Court of first paragraph of section 112 of this title’’ by striking ‘‘The following’’ and inserting the Northern Mariana Islands, in any civil and inserting ‘‘section 112(a) (other than the ‘‘(b) DEFENSES.—The following’’; and action arising under, or in any civil action in requirement to disclose the best mode)’’. (3) in the third undesignated paragraph, by which a party has asserted a compulsory (c) EFFECTIVE DATE.—The amendments striking ‘‘In actions’’ and inserting ‘‘(c) NO- counterclaim arising under, any Act of Con- made by this section shall take effect upon TICE OF ACTIONS; ACTIONS DURING EXTENSION gress relating to patents or plant variety the date of the enactment of this Act and OF PATENT TERM.—In actions’’. protection;’’. shall apply to proceedings commenced on or (h) ACTION FOR INFRINGEMENT.—Section 288 (d) REMOVAL.— after that date. of title 35, United States Code, is amended by (1) IN GENERAL.—Chapter 89 of title 28, SEC. 16. TECHNICAL AMENDMENTS. striking ‘‘, without deceptive intention,’’. United States Code, is amended by adding at (a) JOINT INVENTIONS.—Section 116 of title (i) REVISER’S NOTES.— the end the following new section: (1) Section 3(e)(2) of title 35, United States 35, United States Code, is amended— ‘‘§ 1454. Patent, plant variety protection, and Code, is amended by striking ‘‘this Act,’’ and (1) in the first paragraph, by striking copyright cases ‘‘When’’ and inserting ‘‘(a) JOINT INVEN- inserting ‘‘that Act,’’. ‘‘(a) IN GENERAL.—A civil action in which TIONS.—When’’; (2) Section 202 of title 35, United States (2) in the second paragraph, by striking ‘‘If Code, is amended— any party asserts a claim for relief arising under any Act of Congress relating to pat- a joint inventor’’ and inserting ‘‘(b) OMITTED (A) in subsection (b)(3), by striking ‘‘the ents, plant variety protection, or copyrights INVENTOR.—If a joint inventor’’; and section 203(b)’’ and inserting ‘‘section may be removed to the district court of the (3) in the third paragraph— 203(b)’’; and United States for the district and division (A) by striking ‘‘Whenever’’ and inserting (B) in subsection (c)(7)— embracing the place where such action is ‘‘(c) CORRECTION OF ERRORS IN APPLICA- (i) in subparagraph (D), by striking ‘‘except pending. TION.—Whenever’’; and where it proves’’ and all that follows through ‘‘(b) SPECIAL RULES.—The removal of an (B) by striking ‘‘and such error arose with- ‘‘; and’’ and inserting: ‘‘except where it is de- action under this section shall be made in out any deceptive intent on his part,’’. termined to be infeasible following a reason- accordance with section 1446 of this chapter, (b) FILING OF APPLICATION IN FOREIGN able inquiry, a preference in the licensing of except that if the removal is based solely on COUNTRY.—Section 184 of title 35, United subject inventions shall be given to small this section— States Code, is amended— business firms; and’’; and ‘‘(1) the action may be removed by any (1) in the first paragraph— (ii) in subparagraph (E)(i), by striking ‘‘as party; and (A) by striking ‘‘Except when’’ and insert- described above in this clause (D);’’ and in- ‘‘(2) the time limitations contained in sec- ing ‘‘(a) FILING IN FOREIGN COUNTRY.—Except serting ‘‘described above in this clause;’’. tion 1446(b) may be extended at any time for when’’; and (3) Section 209(d)(1) of title 35, United cause shown. (B) by striking ‘‘and without deceptive in- States Code, is amended by striking ‘‘(c) DERIVATIVE JURISDICTION NOT RE- tent’’; ‘‘nontransferrable’’ and inserting ‘‘non- QUIRED.—The court to which a civil action is (2) in the second paragraph, by striking transferable’’. removed under this section is not precluded ‘‘The term’’ and inserting ‘‘(b) APPLICA- (4) Section 287(c)(2)(G) of title 35, United from hearing and determining any claim in TION.—The term’’; and States Code, is amended by striking ‘‘any such civil action because the State court (3) in the third paragraph, by striking state’’ and inserting ‘‘any State’’. from which such civil action is removed did ‘‘The scope’’ and inserting ‘‘(c) SUBSEQUENT (5) Section 371(b) of title 35, United States not have jurisdiction over that claim. MODIFICATIONS, AMENDMENTS, AND SUPPLE- Code, is amended by striking ‘‘of the treaty’’ ‘‘(d) REMAND.—If a civil action is removed MENTS.—The scope’’. and inserting ‘‘of the treaty.’’. solely under this section, the district court— (c) FILING WITHOUT A LICENSE.—Section 185 (j) UNNECESSARY REFERENCES.— ‘‘(1) shall remand all claims that are nei- of title 35, United States Code, is amended by (1) IN GENERAL.—Title 35, United States ther a basis for removal under subsection (a) striking ‘‘and without deceptive intent’’. Code, is amended by striking ‘‘of this title’’ nor within the original or supplemental ju- (d) REISSUE OF DEFECTIVE PATENTS.—Sec- each place that term appears. risdiction of the district court under any Act tion 251 of title 35, United States Code, is (2) EXCEPTION.—The amendment made by of Congress; and amended— paragraph (1) shall not apply to the use of ‘‘(2) may, under the circumstances speci- (1) in the first paragraph— such term in the following sections of title fied in section 1367(c), remand any claims (A) by striking ‘‘Whenever’’ and inserting 35, United States Code: within the supplemental jurisdiction of the ‘‘(a) IN GENERAL.—Whenever’’; and (A) Section 1(c). district court under section 1367.’’. (B) by striking ‘‘without any deceptive in- (B) Section 101. (2) CONFORMING AMENDMENT.—The table of tention’’; (C) Subsections (a) and (b) of section 105. sections for chapter 89 of title 28, United (2) in the second paragraph, by striking (D) The first instance of the use of such States Code, is amended by adding at the end ‘‘The Director’’ and inserting ‘‘(b) MULTIPLE term in section 111(b)(8). the following new item: REISSUED PATENTS.—The Director’’; (E) Section 157(a). (3) in the third paragraph, by striking (F) Section 161. ‘‘1454. Patent, plant variety protection, and ‘‘The provisions’’ and inserting ‘‘(c) APPLICA- (G) Section 164. copyright cases.’’. BILITY OF THIS TITLE.—The provisions’’; and (H) Section 171. (e) TRANSFER BY COURT OF APPEALS FOR (4) in the last paragraph, by striking ‘‘No (I) Section 251(c), as so designated by this THE FEDERAL CIRCUIT.— reissued patent’’ and inserting ‘‘(d) REISSUE section. (1) IN GENERAL.—Chapter 99 of title 28, PATENT ENLARGING SCOPE OF CLAIMS.—No re- (J) Section 261. United States Code, is amended by adding at issued patent’’. (K) Subsections (g) and (h) of section 271. the end the following new section: (e) EFFECT OF REISSUE.—Section 253 of title (L) Section 287(b)(1). ‘‘§ 1632. Transfer by the Court of Appeals for 35, United States Code, is amended— (M) Section 289. the Federal Circuit (1) in the first paragraph, by striking (N) The first instance of the use of such ‘‘When a case is appealed to the Court of ‘‘Whenever, without any deceptive inten- term in section 375(a). Appeals for the Federal Circuit under section tion’’ and inserting ‘‘(a) IN GENERAL.—When- (k) EFFECTIVE DATE.—The amendments 1295(a)(1), and no claim for relief arising ever’’; and made by this section shall take effect 1 year under any Act of Congress relating to pat- (2) in the second paragraph, by striking ‘‘in after the date of the enactment of this Act ents or plant variety protection is the sub- like manner’’ and inserting ‘‘(b) ADDITIONAL and shall apply to proceedings commenced ject of the appeal by any party, the Court of DISCLAIMER OR DEDICATION.—In the manner on or after that effective date. Appeals for the Federal Circuit shall transfer set forth in subsection (a),’’. SEC. 17. CLARIFICATION OF JURISDICTION. the appeal to the court of appeals for the re- (f) CORRECTION OF NAMED INVENTOR.—Sec- (a) SHORT TITLE.—This section may be tion 256 of title 35, United States Code, is gional circuit embracing the district from cited as the ‘‘Intellectual Property Jurisdic- which the appeal has been taken.’’. amended— tion Clarification Act of 2011’’. (2) CONFORMING AMENDMENT.—The table of (1) in the first paragraph— (b) STATE COURT JURISDICTION.—Section sections for chapter 99 of title 28, United (A) by striking ‘‘Whenever’’ and inserting 1338(a) of title 28, United States Code, is States Code, is amended by adding at the end ‘‘(a) CORRECTION.—Whenever’’; and amended by striking the second sentence and (B) by striking ‘‘and such error arose with- inserting the following: ‘‘No State court the following new item: out any deceptive intention on his part’’; and shall have jurisdiction over any claim for re- ‘‘1632. Transfer by the Court of Appeals for (2) in the second paragraph, by striking lief arising under any Act of Congress relat- the Federal Circuit.’’. ‘‘The error’’ and inserting ‘‘(b) PATENT VALID ing to patents, plant variety protection, or (f) EFFECTIVE DATE.—The amendments IF ERROR CORRECTED.—The error’’. copyrights.’’. made by this section shall apply to any civil

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action commenced on or after the date of the tion for a transitional proceeding that is (4) TRADEMARK ACT OF 1946.—The term enactment of this Act. filed prior to the date that this subsection is ‘‘Trademark Act of 1946’’ means an Act enti- SEC. 18. TRANSITIONAL PROGRAM FOR COVERED repealed pursuant to subparagraph (A). tled ‘‘Act to provide for the registration and BUSINESS-METHOD PATENTS. (c) REQUEST FOR STAY.— protection of trademarks used in commerce, (a) REFERENCES.—Except as otherwise ex- (1) IN GENERAL.—If a party seeks a stay of to carry out the provisions of certain inter- pressly provided, wherever in this section a civil action alleging infringement of a pat- national conventions, and for other pur- language is expressed in terms of a section or ent under section 281 in relation to a transi- poses’’, approved July 5, 1946 (15 U.S.C. 1051 chapter, the reference shall be considered to tional proceeding for that patent, the court et seq.) (commonly referred to as the ‘‘Trade- be made to that section or chapter in title shall decide whether to enter a stay based mark Act of 1946’’ or the ‘‘Lanham Act’’). 35, United States Code. on— (5) UNDER SECRETARY.—The term ‘‘Under (b) TRANSITIONAL PROGRAM.— (A) whether a stay, or the denial thereof, Secretary’’ means the Under Secretary of (1) ESTABLISHMENT.—Not later than 1 year will simplify the issues in question and Commerce for Intellectual Property. after the date of enactment of this Act, the streamline the trial; (b) FUNDING.— Director shall issue regulations establishing (B) whether discovery is complete and (1) IN GENERAL.—Section 42 of title 35, and implementing a transitional post-grant whether a trial date has been set; United States Code, is amended— review proceeding for review of the validity (C) whether a stay, or the denial thereof, (A) in subsection (b), by striking ‘‘Patent of covered business-method patents. The would unduly prejudice the nonmoving party and Trademark Office Appropriation Ac- transitional proceeding implemented pursu- or present a clear tactical advantage for the count’’ and inserting ‘‘United States Patent ant to this subsection shall be regarded as, moving party; and and Trademark Office Public Enterprise and shall employ the standards and proce- (D) whether a stay, or the denial thereof, Fund’’; and dures of, a post-grant review under chapter will reduce the burden of litigation on the (B) in subsection (c), in the first sentence— 32, subject to the following exceptions and parties and on the court. qualifications: (i) by striking ‘‘To the extent’’ and all that (2) REVIEW.—A party may take an imme- (A) Section 321(c) and subsections (e)(2), (f), follows through ‘‘fees’’ and inserting ‘‘Fees’’; diate interlocutory appeal from a district and and (g) of section 325 shall not apply to a court’s decision under paragraph (1). The transitional proceeding. (ii) by striking ‘‘shall be collected by and United States Court of Appeals for the Fed- shall be available to the Director’’ and in- (B) A person may not file a petition for a eral Circuit shall review the district court’s transitional proceeding with respect to a serting ‘‘shall be collected by the Director decision to ensure consistent application of covered business-method patent unless the and shall be available until expended’’. established precedent, and such review may person or his real party in interest has been (2) EFFECTIVE DATE.—The amendments be de novo. sued for infringement of the patent or has made by paragraph (1) shall take effect on (d) DEFINITION.—For purposes of this sec- the later of— been charged with infringement under that tion, the term ‘‘covered business method pat- patent. (A) October 1, 2011; or ent’’ means a patent that claims a method or (B) the first day of the first fiscal year that (C) A petitioner in a transitional pro- corresponding apparatus for performing data ceeding who challenges the validity of 1 or begins after the date of the enactment of processing operations utilized in the prac- this Act. more claims in a covered business-method tice, administration, or management of a fi- (c) USPTO REVOLVING FUND.— patent on a ground raised under section 102 nancial product or service, except that the (1) ESTABLISHMENT.—There is established or 103 as in effect on the day prior to the term shall not include patents for techno- in the Treasury of the United States a re- date of enactment of this Act may support logical inventions. Solely for the purpose of volving fund to be known as the ‘‘United such ground only on the basis of— implementing the transitional proceeding States Patent and Trademark Office Public (i) prior art that is described by section authorized by this subsection, the Director Enterprise Fund’’. Any amounts in the Fund 102(a) (as in effect on the day prior to the shall prescribe regulations for determining shall be available for use by the Director date of enactment of this Act); or whether a patent is for a technological in- without fiscal year limitation. (ii) prior art that— vention. ERIVATION OF RESOURCES (I) discloses the invention more than 1 year (e) RULE OF CONSTRUCTION.—Nothing in (2) D .—There shall prior to the date of the application for pat- this section shall be construed as amending be deposited into the Fund on or after the ef- ent in the United States; and or interpreting categories of patent-eligible fective date of subsection (b)(1)— (II) would be described by section 102(a) (as subject matter set forth under section 101. (A) any fees collected under sections 41, 42, in effect on the day prior to the date of en- SEC. 19. TRAVEL EXPENSES AND PAYMENT OF and 376 of title 35, United States Code, pro- actment of this Act) if the disclosure had ADMINISTRATIVE JUDGES. vided that notwithstanding any other provi- been made by another before the invention (a) AUTHORITY TO COVER CERTAIN TRAVEL sion of law, if such fees are collected by, and thereof by the applicant for patent. RELATED EXPENSES.—Section 2(b)(11) of title payable to, the Director, the Director shall (D) The petitioner in a transitional pro- 35, United States Code, is amended by insert- transfer such amounts to the Fund, provided, ceeding, or his real party in interest, may ing ‘‘, and the Office is authorized to expend however, that no funds collected pursuant to not assert either in a civil action arising in funds to cover the subsistence expenses and section 9(h) of this Act or section 1(a)(2) of whole or in part under section 1338 of title 28, travel-related expenses, including per diem, Public Law 111–45 shall be deposited in the United States Code, or in a proceeding before lodging costs, and transportation costs, of Fund; and the International Trade Commission that a non-federal employees attending such pro- (B) any fees collected under section 31 of claim in a patent is invalid on any ground grams’’ after ‘‘world’’. the Trademark Act of 1946 (15 U.S.C. 1113). that the petitioner raised during a transi- (b) PAYMENT OF ADMINISTRATIVE JUDGES.— (3) EXPENSES.—Amounts deposited into the tional proceeding that resulted in a final Section 3(b) of title 35, United States Code, is Fund under paragraph (2) shall be available, written decision. amended by adding at the end the following: without fiscal year limitation, to cover— (E) The Director may institute a transi- ‘‘(6) ADMINISTRATIVE PATENT JUDGES AND (A) all expenses to the extent consistent tional proceeding only for a patent that is a ADMINISTRATIVE TRADEMARK JUDGES.—The with the limitation on the use of fees set covered business-method patent. Director has the authority to fix the rate of forth in section 42(c) of title 35, United (2) EFFECTIVE DATE.—The regulations basic pay for the administrative patent States Code, including all administrative issued pursuant to paragraph (1) shall take judges appointed pursuant to section 6 of and operating expenses, determined in the effect on the date that is 1 year after the this title and the administrative trademark discretion of the Under Secretary to be ordi- date of enactment of this Act and shall apply judges appointed pursuant to section 17 of nary and reasonable, incurred by the Under to all covered business-method patents the Trademark Act of 1946 (15 U.S.C. 1067) at Secretary and the Director for the continued issued before, on, or after such date of enact- not greater than the rate of basic pay pay- operation of all services, programs, activi- ment, except that the regulations shall not able for Level III of the Executive Schedule. ties, and duties of the Office relating to pat- apply to a patent described in the first sen- The payment of a rate of basic pay under ents and trademarks, as such services, pro- tence of section 5(f)(2) of this Act during the this paragraph shall not be subject to the grams, activities, and duties are described period that a petition for post-grant review pay limitation of section 5306(e) or 5373 of under— of that patent would satisfy the require- title 5.’’. (i) title 35, United States Code; and ments of section 321(c). SEC. 20. PATENT AND TRADEMARK OFFICE FUND- (ii) the Trademark Act of 1946; and (3) SUNSET.— ING. (B) all expenses incurred pursuant to any (A) IN GENERAL.—This subsection, and the (a) DEFINITIONS.—In this section, the fol- obligation, representation, or other commit- regulations issued pursuant to this sub- lowing definitions shall apply: ment of the Office. section, are repealed effective on the date (1) DIRECTOR.—The term ‘‘Director’’ means (d) ANNUAL REPORT.—Not later than 60 that is 4 years after the date that the regula- the Director of the United States Patent and days after the end of each fiscal year, the tions issued pursuant to paragraph (1) take Trademark Office. Under Secretary and the Director shall sub- effect. (2) FUND.—The term ‘‘Fund’’ means the mit a report to Congress which shall— (B) APPLICABILITY.—Notwithstanding sub- public enterprise revolving fund established (1) summarize the operations of the Office paragraph (A), this subsection and the regu- under subsection (c). for the preceding fiscal year, including finan- lations implemented pursuant to this sub- (3) OFFICE.—The term ‘‘Office’’ means the cial details and staff levels broken down by section shall continue to apply to any peti- United States Patent and Trademark Office. each major activity of the Office;

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.022 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1393 (2) detail the operating plan of the Office, after the date of the enactment of this Act, The motion to lay on the table was including specific expense and staff needs for and each fiscal year thereafter, the Director agreed to. the upcoming fiscal year; shall submit a report to Congress on— Mr. LEAHY. Mr. President, it has (3) describe the long term modernization (1) the rationale of the Director in select- been many years getting to this point. plans of the Office; ing the locale of any satellite office required I cannot tell you the amount of pride I (4) set forth details of any progress towards under subsection (a); such modernization plans made in the pre- (2) the progress of the Director in estab- have in my fellow Senators, both Re- vious fiscal year; and lishing all such satellite offices; and publicans and Democrats. I thank the (5) include the results of the most recent (3) whether the operation of existing sat- Senator from Iowa who has been here audit carried out under subsection (f). ellite offices is achieving the purposes re- with me and so many others I men- (e) ANNUAL SPENDING PLAN.— quired under subsection (b). tioned earlier. It is nice to finally have (1) IN GENERAL.—Not later than 30 days (f) DEFINITIONS.—In this section, the fol- this bill through the Senate. after the beginning of each fiscal year, the lowing definitions shall apply: Mr. KYL. Mr. President, I rise today Director shall notify the Committees on Ap- (1) DIRECTOR.—The term ‘‘Director’’ means to recognize and thank the patent law- propriations of both Houses of Congress of the Director of the United States Patent and yers and Senate staff who have played the plan for the obligation and expenditure Trademark Office. a critical role in the drafting and en- of the total amount of the funds for that fis- (2) PATENT AND TRADEMARK OFFICE.—The term ‘‘Patent and Trademark Office’’ means actment of the present bill. cal year in accordance with section 605 of the Among the Senate staff who have Science, State, Justice, Commerce, and Re- the United States Patent and Trademark Of- lated Agencies Appropriations Act, 2006 fice. played a role with regard to this bill (Public Law 109–108; 119 Stat. 2334). SEC. 22. PATENT OMBUDSMAN PROGRAM FOR are Chip Roy, Holt Lackey, and Zina (2) CONTENTS.—Each plan under paragraph SMALL BUSINESS CONCERNS. Bash of Senator CORNYN’s staff, David (1) shall— Subject to available resources, the Direc- Barlow and Rob Porter of Senator (A) summarize the operations of the Office tor may establish in the United States Pat- LEE’s staff, Walt Kuhn of Senator for the current fiscal year, including finan- ent and Trademark Office a Patent Ombuds- GRAHAM’s staff, and Danielle Cutrona cial details and staff levels with respect to man Program. The duties of the Program’s and Bradley Hayes of Senator SES- staff shall include providing support and major activities; and SIONS’s staff. Special mention is mer- services relating to patent filings to small (B) detail the operating plan of the Office, ited for Matt Sandgren of Senator including specific expense and staff needs, business concerns. HATCH’s staff, who fought tenaciously for the current fiscal year. SEC. 23. PRIORITY EXAMINATION FOR TECH- for the bill’s supplemental examination (f) AUDIT.—The Under Secretary shall, on NOLOGIES IMPORTANT TO AMER- an annual basis, provide for an independent ICAN COMPETITIVENESS. provision, and who worked hard to de- audit of the financial statements of the Of- Section 2(b)(2) of title 35, United States feat the amendment to strip the bill of fice. Such audit shall be conducted in ac- Code, is amended— its adoption of the first-to-file system, cordance with generally acceptable account- (1) in subparagraph (E), by striking ‘‘; and’’ and Sarah Beth Groshart of Senator and inserting a semicolon; ing procedures. COBURN’s staff, who helped draft the (2) in subparagraph (F), by striking the (g) BUDGET.—The Fund shall prepare and Coburn amendment, which will create semicolon and inserting ‘‘; and’’; and submit each year to the President a busi- a revolving fund for the PTO and put ness-type budget in a manner, and before a (3) by adding at the end the following: ‘‘(G) may, subject to any conditions pre- an end to fee diversion. Past staff who date, as the President prescribes by regula- played an important role include Jen- tion for the budget program. scribed by the Director and at the request of the patent applicant, provide for nifer Duck of Senator FEINSTEIN’s SEC. 21. SATELLITE OFFICES. prioritization of examination of applications staff, and Ryan Triplette, who man- (a) ESTABLISHMENT.—Subject to available for products, processes, or technologies that resources, the Director may establish 3 or aged the bill for Senator HATCH while are important to the national economy or he was chairman and for Senator Spec- more satellite offices in the United States to national competitiveness without recovering carry out the responsibilities of the Patent ter while he was the lead Republican the aggregate extra cost of providing such on the committee. Miss Duck and Miss and Trademark Office. prioritization, notwithstanding section 41 or (b) PURPOSE.—The purpose of the satellite any other provision of law;’’. Triplette negotiated the managers’ offices established under subsection (a) are SEC. 24. DESIGNATION OF DETROIT SATELLITE amendment that was adopted during to— OFFICE. the bill’s 2009 committee mark up, and (1) increase outreach activities to better (a) DESIGNATION.—The satellite office of which represented a major break- connect patent filers and innovators with the United States Patent and Trademark Of- through on this bill, resolving the con- the Patent and Trademark Office; fice to be located in Detroit, Michigan shall tentious issues of damages and venue. (2) enhance patent examiner retention; be known and designated as the ‘‘Elijah J. (3) improve recruitment of patent exam- In the House of Representatives, key McCoy United States Patent and Trademark staff include Blaine Merritt and Vishal iners; and Office’’. (4) decrease the number of patent applica- (b) REFERENCES.—Any reference in a law, Amin of Chairman LAMAR SMITH’s tions waiting for examination and improve map, regulation, document, paper, or other staff, and Christal Sheppard of Mr. the quality of patent examination. record of the United States to the satellite CONYERS’s staff. Bob Schiff of Senator (c) REQUIRED CONSIDERATIONS.—In select- office of the United States Patent and Trade- Feingold’s staff worked with my staff ing the locale of each satellite office to be mark Office to be located in Detroit, Michi- to develop minority views for the bill’s established under subsection (a), the Direc- gan referred to in subsection (a) shall be 2009 committee report—I believe that tor— deemed to be a reference to the ‘‘Elijah J. (1) shall ensure geographic diversity among this is the only time that Senator McCoy United States Patent and Trademark Feingold and I ever submitted a minor- the offices, including by ensuring that such Office’’. ity report together. I should also ac- offices are established in different States and SEC. 25. EFFECTIVE DATE. regions throughout the Nation; Except as otherwise provided in this Act, knowledge Tim Molino of Senator (2) may rely upon any previous evaluations the provisions of this Act shall take effect 1 KLOBUCHAR’s staff, Rebecca Kelly of by the Patent and Trademark Office of po- year after the date of the enactment of this Senator SCHUMER’s staff, Caroline Hol- tential locales for satellite offices, including Act and shall apply to any patent issued on land of Senator KOHL’s staff, and Galen any evaluations prepared as part of the Pat- or after that effective date. Roehl, who worked in past Congresses ent and Trademark Office’s Nationwide SEC. 26. BUDGETARY EFFECTS. for Senator Brownback, and who cur- Workforce Program that resulted in the 2010 The budgetary effects of this Act, for the rently staffs Senator TOOMEY. Much of selection of Detroit, Michigan as the first purpose of complying with the Statutory ever satellite office of the Patent and Trade- S. 3600 was drafted in Senator Pay-As-You-Go-Act of 2010, shall be deter- Brownback’s conference room. Let me mark Office; and mined by reference to the latest statement (3) nothing in the preceding paragraph titled ‘‘Budgetary Effects of PAYGO Legisla- also recognize the work of Rob Grant shall constrain the Patent and Trademark tion’’ for this Act, submitted for printing in of Senate Legislative Counsel, who has Office to only consider its prior work from the Congressional Record by the Chairman of drafted literally hundreds of versions 2010. The process for site selection shall be the Senate Budget Committee, provided that of and amendments to this bill. And fi- open. such statement has been submitted prior to nally, I must acknowledge Rita Lari, (d) PHASE-IN.—The Director shall satisfy the vote on passage. the requirements of subsection (a) over the 3- who managed this bill for Senator year period beginning on the date of enact- Mr. LEAHY. I move to reconsider the GRASSLEY on the Senate floor this past ment of this Act. vote. week, and the indispensable Aaron Coo- (e) REPORT TO CONGRESS.—Not later than Mr. GRASSLEY. I move to lay that per, who has managed the bill for the the end of the first fiscal year that occurs motion on the table. chairman since the beginning of 2009.

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.022 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1394 CONGRESSIONAL RECORD — SENATE March 8, 2011 Among those outside the Senate, I Mr. MENENDEZ. Mr. President, I un- that allowed for the free-for-all that recognize and thank Hayden Gregory of derstand we are in a period of morning brought us on the brink of a new de- the American Bar Association, Laurie business. pression, and that is what we are meet- Self and Rod McKelvie of Covington & The PRESIDING OFFICER. The Sen- ing the challenges of today. Burling, and Hans Sauer, Mike ator is correct. Those choices then and the choices Schiffer, Bruce Burton, Matt Rainey, Mr. MENENDEZ. Mr. President, I ask we make, what we choose to cut and David Korn, Carl Horton, Steve Miller, unanimous consent to speak for 20 min- what we determine is in our interest, Doug Norman, and Stan Fendley. The utes. will speak volumes about our values, Wisconsin Alumni Research Founda- The PRESIDING OFFICER. Without our priorities as a people and as a Na- tion has played an important role, par- objection, it is so ordered. tion. ticularly with regard to the bill’s en- f Mr. President, I favor smart cuts, not hanced grace period. I thank Carl dangerous ones. In an independent THE FEDERAL DEFICIT Gulbrandsen, Howard Bremmer, Andy analysis of H.R. 1, which we are going Cohn, and Mike Remington. I thank Mr. MENENDEZ. Mr. President, as to be voting on tomorrow—the Repub- Todd Dickinson and Vince Garlock of someone who voted to freeze salaries, lican vision of where we should take AIPLA, and Jim Crowne, who was will- to end earmarks in this budget process, the country—shows we are losing about ing to come to the Senate to double as someone who has already voted to 700,000 jobs. But we are trying to grow check the draft enrolled bill. I should cut $45 billion from the budget, I rise jobs in America. We have finally got- also mention Herb Wamsley of Intellec- today in recognition that business as ten into positive gross domestic prod- tual Property Owners, as well as Dana usual cannot continue. I recognize the uct of our Nation’s economy. We are Colarulli, who has worn two hats dur- critical importance of addressing our seeing job growth. I would like to see it ing the course of his work on this bill, Federal deficit—a deficit, I would add, be even more robust, but H.R. 1 takes first with IPO, and subsequently as the inherited by this administration, a def- us back the opposite way and threatens head of legislative affairs at the PTO. icit driven by two wars, both unpaid the very essence of this economic re- Key participants at the PTO have also for, and the unprecedented need for covery—700,000 jobs. included Mike Fleming, John Love, governmental action to mitigate the Don’t believe what I say because I Jim Toupin, and Rob Clarke. And of wild excesses of Wall Street and Amer- say it is so, but because those in the course I must mention the current Di- ican financial markets, excesses that know say it—Ben Bernanke: ‘‘The rector, David Kappos, without whose were effectively condoned by the last GOP’s plan will cut jobs.’’ Economist effort and dedication the passage of the administration, whose policies took Mark Zandi: ‘‘The GOP plan would cost present bill would not have been pos- this Nation to the brink of a second 700,000 jobs.’’ Here is another analysis: sible. Great Depression and cost millions of House spending cuts will hurt eco- Finally, allow me to acknowledge the American jobs. nomic growth. So what we have is key members of the 21st Century Coali- I never forget that time in late 2008 economist after economist telling us tion for Patent Reform, who have de- when Chairman Bernanke, the Chair- that H.R. 1 is a recipe for disaster when voted countless hours to this bill, and man of the Federal Reserve, came be- it comes to the question of jobs in stuck with it through thick and thin. fore members of the Banking Com- America. They have also formed an important mittee and members of the leadership That analysis which says we would ‘‘kitchen cabinet’’ that has been indis- and described the circumstances that slash 700,000 jobs directly impacts the pensable to the committee’s drafting of were unfolding in the country in which lives of middle-class and working fami- this bill and to the resolution of dif- a series of financial institutions, ac- lies struggling to get back on their ficult technical questions. I thus according to Chairman Bernanke and feet. They are severe cuts that run knowledge and thank Phil Johnson, then-Secretary Paulson, the Secretary roughshod over the green shoots of eco- Gary Griswold, Bob Armitage, and of the Treasury—they said: We are nomic recovery just to satisfy a polit- Mike Kirk for their key role in the cre- going to have a series of financial insti- ical agenda. I favor smart common- ation of the America Invents Act. tutions collapse, and if they collapse, sense cuts—cuts made with a surgeon’s I yield the floor. I suggest the ab- they will create systemic risk to the knife not a meat ax; cuts that are sence of a quorum. entire country’s economy, and every thoughtful, surgically precise cuts that The PRESIDING OFFICER (Mr. BEN- American will feel the consequences of actually reduce the deficit, not cuts NET). The clerk will call the roll. that collapse. I remember how hushed that eliminate jobs and disinvest in The legislative clerk proceeded to that room was. educational opportunities for millions call the roll. I remember also the question being of promising young Americans, not Mr. LEAHY. Mr. President, I ask put to Chairman Bernanke: Surely you cuts that hurt middle-class families unanimous consent that the order for must have enough tools at the Federal struggling to make ends meet, make the quorum call be rescinded. Reserve to get us through this period our workforce less competitive, our The PRESIDING OFFICER. Without of time. I remember the response to communities less safe, and strip away objection, it is so ordered. that question, which was basically: basic protections Americans have come f Senator, if you and your colleagues do to take for granted. MORNING BUSINESS not act in a matter of days, maybe a In my view, we can preserve our val- week, we will have a global financial ues and invest in the future, invest in Mr. LEAHY. Mr. President, I ask meltdown, which really meant a new out-educating, out-innovating, out- unanimous consent that the Senate depression. greening, and out-growing the world proceed to a period for the transaction Chairman Bernanke is an academi- and still cut the deficit. To begin with, of morning business, with Senators cian. His expertise is in depression-era Secretary Gates of the Department of permitted to speak therein for up to 10 economics, how this Nation got into Defense has identified $78 billion in de- minutes each. The PRESIDING OFFICER. Without the last depression, how Roosevelt got fense spending cuts alone. He has iden- objection, it is so ordered. us out of it. So when he made that tified $178 billion in program reduc- Mr. LEAHY. Mr. President, I suggest statement, it was all the more chilling. tions over 5 years, including delaying the absence of a quorum. It is from that moment in 2008, before or terminating high-profile weapon The PRESIDING OFFICER. The this President took office and Demo- systems. clerk will call the roll. crats were in full control here, that, in I agree with Secretary Gates that we The legislative clerk proceeded to fact, we were facing the challenges we can live without the Marine Corps vari- call the roll. are today. ant of the F–35 Joint Strike Fighter as Mr. MENENDEZ. Mr. President, I ask Those of us who believe in a free mar- well as the Marine Corps Expeditionary unanimous consent that the order for ket also know you cannot have a free- Fighting Vehicle. The Secretary has the quorum call be rescinded. for-all market. We had economic poli- identified $54 billion in cuts in over- The PRESIDING OFFICER. Without cies for the Bush 8 years, two wars rag- head costs and improved efficiency objection, it is so ordered. ing abroad, an unregulated market across defense agencies and the civilian

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I would add to that list of smart de- ern Ireland and read to your local hos- We need to put an end to such ridicu- fense cuts the elimination of $1.75 bil- pital by your doctor, or if you have a lous policies and save taxpayers billion for the F–22 aircraft and $439 mil- problem with your credit card—as I re- lions of dollars. But instead of saving lion for an alternative engine for the cently did because there was a charge billions in smart cuts like that, the Re- F–35 Joint Strike Fighter Program, a that wasn’t mine—you end up with a publican plan under H.R. 1 goes after cut for which I voted. These, among call center in South Africa. homeland security funding. That bill others, are smart cuts. But I think it is In the pursuit of human capital for will cut homeland security invest- a mistake to pursue a budget-cutting the delivery of a service or a product ments by $3 million in my home State strategy that costs this Nation 700,000 we are globally challenged, which of New Jersey alone—home, according jobs through 2012, as the Republican means for the Nation to continue to be to the FBI, of the two most dangerous plan will do—20,000 of those jobs from a global economic leader it needs to be, miles in America because of the chem- my home State of New Jersey, includ- at the apex of the curve of intellect, ical causeway along the Hudson water- ing more than 3,000 community health the most highly educated generation of front that creates a real challenge—di- center jobs and 3,400 transportation Americans the Nation has ever had. rectly affecting the budgets of first re- and infrastructure jobs. That is how we will grow this economy sponders such as the courageous men Another smart cut would be to do and prosper and compete in the world. and women who responded on Sep- away with corporate subsidies that do Yet the Republican budget moves us tember 11. It is dangerous to cut more nothing but pad the profits of compa- exactly the opposite way. than $22 million in port security grants nies that do not need them to be profit- It is wrong to leave 4,000 New Jersey and more than $16 million in transit se- able and grow. We can repeal, for exam- children without access to Head Start curity grants from the Port Authority ple, oil subsidies, as I have proposed, while at the same time continuing tax of New York and New Jersey. that would save $33 billion over 10 cuts for millionaires and multimillion- I have worked hard, from imple- years on a windfall giveaway program aires. It is shortsighted to cut job menting the 9/11 recommendations to to big oil that hardly needs a govern- training. fighting for port cargo screening. We ment handout. Over the past decade, I went to a job training site in one of don’t need a nuclear or biological BP, Exxon, Chevron, Shell, and Conoco our counties. The place was packed— weapon coming into our ports or a have had combined profits of just under packed with individuals who have threat like we saw from the terrorists $1 trillion. Yet we have a system that worked in the past but are unemployed in Mumbai in our transit systems that provides them billions in subsidies now and looking to get the additional would result in a devastating attack every year. That is simply outrageous. training that will make them competi- and then further threaten our econ- Even traditional oil industry sup- tive in a tough job market. So instead omy. Yet that is exactly what the Re- porters, such as former President of helping our fellow Americans be as publican budget does. George W. Bush and Shell’s former competitive as they can be for the job I believe it is dangerous to cut $4.5 CEO, have admitted when oil prices are opportunities that may exist, we are million in transit security grants for this high oil companies do not need going to cut job training for 70,000 New northern New Jersey, more than $3.5 subsidies. They have the economic in- Jerseyans rather than seriously look at million from the Philadelphia area and centive they need to explore and drill. cutting farm subsidies. We need to be southern New Jersey, leaving families In 2010 alone, last year, they made over smarter about the cuts we make. in my State and throughout that cor- $75 billion, and that includes the $41 I think we would all agree that there ridor who travel between States less billion BP has spent trying to clean up are certain farm subsidies that are no safe. the spill in the gulf—cleaning up the longer needed, and we could certainly I have a different take than my Re- environment and paying for the eco- make smart cuts in some of those pro- publican colleagues on how we achieve nomic damage they caused. grams. We are all well aware that farm deficit reduction. Quite simply, it The fact is, cutting unnecessary de- subsidies are not about the small comes down to one truism that we fense programs and cutting oil sub- American farm. I want to nurture that should keep in mind during this budget sidies are among the smart cuts that small American farm, including back process, and that is this: You show me will save money while doing no harm home in New Jersey. We call New Jer- your budget, and I will show you your to middle-class families. But the Re- sey the Garden State. We are proud we values. publican plan, on the other hand, will are No. 2 in blueberries, No. 4 in aspar- We have that in our own family budg- take money away from the one thing agus. If you had cranberry for Thanks- ets. Families struggle together to have that will allow millions of young peo- giving last year, it probably came from a place to call home for their families, ple to reach their goals and prepare the pine barrens of New Jersey with to educate their children, to put food them to help America meet its com- cranberry bogs. But that small farmer on the table, to be able to realize their petitive future; namely, a good edu- is not who we are talking about. This hopes and dreams and aspirations. And cation. That is a terrible mistake. is about systematic efforts to move how we spend our money as families It is a mistake to cut the average land from small farms to large cor- speaks to our values, and, of course, New Jersey undergraduate’s Pell grant porate farms that mass-produce com- the work we do to earn that money. by more than $845, an 11-percent cut. It modity crops such as cotton. That is true about the Nation’s budget. is a mistake to take $115 million in We pay out billions in agricultural The Nation’s budget is a reflection of Pell grants from 183,000 promising stu- subsidies every year that have created our collective values as a country. dents in my State, as the Republican problems such as the ones we saw in Those values are clearly evident in cuts would do. It is a mistake to cut Brazil earlier this year. Brazil went to what we choose to fund and what we funding to 18,000 students in Union the World Trade Organization and com- choose to cut. County, NJ, or 16,500 in Middlesex plained that what we were doing was I would remind my colleagues this County and 15,500 in Essex County, and an unfair trade practice, and the World debate is about more than numbers on to continue to cut Pell grants by $56 Trade Organization agreed. So to avoid a page. It is a portrait of America, a re- billion over the next 10 years. It is sim- retaliatory tariffs—in essence, taxes flection of who we are and what we ply a mistake not to invest in edu- against our products by Brazil—the want this Nation to be. To make cuts cation. United States agreed to pay $147 mil- simply to reach a numerical goal that We are globally challenged for lion in assistance to Brazilian pro- isn’t established by any sound science human capital in the delivery of a serv- ducers. Yes, you heard me right—$147 is to say that we care more about the

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Let me also mention one thing that ing this economy, and protecting a This morning millions of Americans is not specifically a cut in the Repub- safe, clean way of life that we have too got up and scrambled a few eggs and lican plan, but something it does that often come to take for granted. made some bacon for breakfast. runs contrary to our belief as a nation I want to talk about that for a mo- Fortunately, in this country we know that the air we breathe should be clean ment. it was someone’s job to inspect those and safe. From the moment we get up in the eggs. It was someone’s job to inspect The legislation presented by the Re- morning, to the moment we go to bed that bacon and make sure it was safe publicans eliminates many environ- at night, the Republican plan would to eat. The Republican plan cuts $53 mental protections with cuts to the make cuts that affect the daily lives of million from Food Safety and Inspec- EPA’s budget, but it is also loaded with millions of Americans and millions of tion Service, the loss of more safety in- policy riders designed specifically to jobs in every economic sector. spectors at a time when we have heard gut the Clean Air Act. In America, when you turn on the tap numerous reports of tainted food and I believe that is wrong. I believe it for a glass of water or take your child the need for more, not fewer, food in- runs contrary to American values, and fishing at a local lake, someone is at spectors keeping our food supply safe. I consider any attack on the Clean Air work—someone with a family—who is Is that reflective of our values? Is Act to be an attack on New Jersey. making sure the water is safe to drink that what we think of as life in Amer- Because of the emissions of dirty, old and the lake is not polluted. ica? out of state coal plants, every county But the Republican plan cuts $700 If you were a middle-class New in my State is deemed to be out of million from the Clean Water State Re- Jerseyan who, after a year of looking compliance with the Clean Air Act. volving Fund and $250 million from the for a job, finally had an interview and One of these coal powerplants is the Drinking Water State Revolving Fund wanted to take the train because you Portland Generation Station just that have helped municipalities and thought it would be a faster, easier, across the Delaware River in Pennsyl- communities put people to work on and more convenient way to get to vania. It emitted 30,000 tons of sulfur water quality protection projects. that interview, you may find there are dioxide in 2009—almost three times the The Republican plan cuts almost $1 not as many opportunities because the amount of all seven of New Jersey’s billion from clean water and that Republican budget cuts $224 million coal plants combined. means cutting not just funding, but from Amtrak. In a post-September 11 This sulfur dioxide wafts into War- jobs of those whose work is to keep our world in which multiple modes of ren, Sussex, Hunterdon and Morris water safe and clean. transportation are critical to our secu- counties and acts to cause and exacer- Is that a smart cut? Does that reflect rity, for so we learned on September 11 bate a whole host of respiratory ill- who we are and what we want this Na- that when there are no trans-Hudson nesses from asthma to heart disease. tion to be? crossings through the tunnels or We simply cannot gut the one piece If you live on a river, a flood plain, or through PATH, which is the rail con- of legislation that protects the very air on the coast and a storm strikes, you nection between New York and New we breathe and makes it safe for our know that in America there will be Jersey, we had ferries that took people children to go out and play without someone there to help if there is a out of Lower Manhattan and to New fear of being sick. This Republican plan flood or a coastal emergency. Jersey hospitals. Multiple modes of that guts the Clean Air Act does not The Republican plan, even after the transportation is not only about eco- reflect our values as a Nation. It is disastrous experience in the wake of nomic opportunity, it is about security simply not reflective of who we are, Katrina, cuts $30 million from flood in the post-September 11 world. Yet the what we want this Nation to be, or control and coastal emergencies. Is budget cuts $224 million from Amtrak, what we want for our children’s future. that what we learned from New Orle- which is how we send our The list of H.R. 1’s short-sighted dis- ans? Is that what we, as a nation, be- businesspeople to sell their products investments in this Nation’s future lieve is a smart cut? between cities, go to great research goes on and on. ‘‘Show me your budget If you wake up in the middle of the universities and to hospitals to be and I’ll show you your values.’’ night and your child is sick and you cured. You would be forced to take the The Republican proposal before us is, don’t know why, or you think that car, buy the gas, burn the fuel, fight in my view, an affront to American child may have accidently ingested the traffic, and park in the city to get values, not a reflection of them. something poisonous, or your child is to your interview. Is that how we in- I for one do not believe for one sec- diagnosed with a life-threatening dis- vest in our infrastructure? Is that the ond that it reflects who we are and ease, in America you can call the Poi- type of smart growth that will help us what we want this Nation to be. I do son Control Center, take your child to achieve a greener, cleaner future? believe that at a time that we are fi- a community health center, know that When you park the car and walk to nally growing this economy, these in- the Centers for Disease Control is your interview you expect to have discriminate cuts, as many economists doing its job. enough police on the street to protect have said, will throw this economy In America you know that the Na- you from gangs and criminals. right back to the deep recession we are tional Institutes of Health is working Well, this Republican plan cuts the coming out of. That means fewer jobs every day to find the next treatment or National Drug Intelligence Center by here in America. That certainly cannot cure that affects our families, friends, $11 million; law enforcement wireless be part of our values. That is why I will and neighbors, $300 million of that in communications by $52 million; the be voting against H.R. 1, to protect New Jersey, bringing thousands of new U.S. Marshals Service by $10 million; American values and protect American 21st century jobs to my State to help the FBI that deals with domestic ter- jobs. continue our economic recovery. rorism by $74 million; State and local I yield the floor. But the Republican plan cuts $755 law enforcement assistance by $256 mil- f million from the CDC; $1 billion from lion; juvenile justice by $2.3 million; the National Institutes of Health; $27 and the COPS Program that puts police INTERNATIONAL AFFAIRS BUDGET million from Poison Control Centers; on the street and provides them with Mr. KERRY. Mr. President, we are $1.3 billion from community health state-of-the-art equipment they need living through one of the most impor- centers and 3,400 community health by $600 million; $600 million from the tant transformations in the history of center jobs in my State of New Jer- COPS Program means fewer cops on the modern world. Some have likened sey—3,400 more unemployed New the beat. the wave of protests sweeping the Mid- Jerseyans. Are those the kind of cuts that we dle East to the revolutions of 1848, We may not immediately make the want. which changed Europe’s political land- connection between what these cuts Are those the kind of cuts that will scape forever. They certainly call to mean and our lives, but they have con- keep our communities safe? Are they mind the dramatic events of 1989, when

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.059 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1397 the nations of Eastern Europe threw Afghanistan, Pakistan, and Iraq by delivery to patients. Thus, these dras- off the yoke of communism to embrace slashing economic support funds by $2.2 tic reductions to the Global Fund will free markets and democracy. Like billion, or nearly 30 percent below fis- affect U.S. efforts as well. those upheavals, there is no doubt that cal year 2011 levels. In Afghanistan, for Our global health programs represent the events of this year will be studied example, these cuts would make it ex- some of our most successful and effec- for decades to come. tremely difficult to support high-pri- tive international policies. In Paki- The challenges we face are great. We ority infrastructure programs that are stan, as I discussed today with Bill are being called upon to forge new rela- critical to our counterinsurgency and Gates, working with the government tionships in a part of the world that stabilization efforts. And they would there, we could eliminate polio en- has been and will remain vital to our curtail our ability to support govern- tirely. Our malaria programs have al- national security. And we have been ance, economic development programs, ready virtually eliminated that killer given the opportunity to demonstrate and basic services to districts cleared of children in parts of Africa. The Cen- conclusively to the young men and by the military. ters for Disease Control are working to women of the Muslim world and beyond H.R. 1 would also threaten our efforts reduce the spread of drug-resistant dis- that al-Qaida’s belief that change rein Afghanistan and Pakistan by zero- eases, such as tuberculosis, before they quires violence and radicalization is ing out funding to meet our obligation come to our own shores. Cutting off wrong. to take up the U.S. shares in the Asian these programs is poor foreign policy, But, even as we try to navigate these Development Bank, ADB. If we don’t it is poor public health policy, and it momentous developments, we are con- provide funding by April of this year, stands in sharp contradiction to Amer- templating drastic cuts to our inter- we will give up our leadership position ican values. The House bill also cuts nearly two- national affairs programs. I understand at ADB and allow Chinese influence at thirds of the funds devoted to pro- that we face a budget crisis in our own the bank to surpass our own. The im- moting clean energy and increasing re- country. But we can either pay now to pact of that loss of influence cannot be silience to climate change in the most help brave people build a better, demo- overstated. The ADB funds projects vulnerable regions of the world. This throughout Pakistan and Afghanistan, cratic future for themselves, or we will includes eliminating funding for the supporting U.S. efforts in this critical certainly pay later with increased climate investment funds, which sup- region. GEN David Petraeus himself threats to our own national security. port exports of clean energy tech- The international affairs budget lays wrote to Treasury Secretary Timothy nology, help developing countries re- the foundation for our ability to fulfill Geithner to praise the Asian Develop- spond to the impacts of climate our responsibilities abroad. The ap- ment Bank for supporting U.S. inter- change, and promote increased carbon proximately $50 billion that funds all ests, stating that ‘‘strong partnership sequestration from forests. H.R. 1 also our diplomats, development profes- with the ADB is part of our overall eliminates government positions need- sionals, embassies, missions, consular United States purpose and goals in ed to negotiate international agree- services, global health programs, food these areas of critical importance.’’ ments on climate change that are fa- The House bill also cuts our humani- aid, and disaster relief is a tiny invest- vorable to the United States, while en- ment for the great return we receive. tarian aid by 50 percent, decimating suring that other nations live up to Consider that this year we will spend our ability to provide food, shelter, and their commitments to limit green- approximately $700 billion on our mili- medicine after natural disasters and house gas emissions. tary. By contrast, the international af- putting hundreds of thousands of lives H.R. 1 also slashes food and edu- fairs budget is less than one-tenth of at risk. In Pakistan, USAID would be cation for the world’s poorest children the Pentagon’s. As Secretary Gates unable to meet emergency and recov- by 50 percent. It eliminates feeding once pointed out, if you took the entire ery needs in the south, where an esti- programs for 18 million of the world’s Foreign Service roster, you could bare- mated 4 million people remain dis- poorest and hungriest people, and ap- ly crew one aircraft carrier. placed and require critical support. In proximately 2.5 million young children And yet our diplomats are serving on Haiti, over 1 million displaced persons benefiting from the McGovern-Dole the frontlines of multiple revolutions living in transitional shelters may lose program would lose their daily school and wars. They are making vital con- funding and support. And with these meal. Another 15 million people, pri- tributions in Afghanistan, and in Iraq cuts, more than 1.6 million internally marily women and children, would lose they are planning the transition from a displaced persons in Darfur will not re- access to the sustenance provided military mission to a diplomatic one so ceive critical health care, access to through title II. These cuts are not ab- that we can cement the political water, or help in meeting other basic stractions. These are people. progress that has cost hundreds of bil- needs. The House bill would even eliminate lions of dollars and thousands of Amer- H.R. 1 decreases global health fund- fiscal year 2011 funding for the United ican lives. ing by over $1 billion, which means States Institute of Peace, USIP. USIP In Africa, they are helping to mid- that over 400,000 people who would have is more than a Washington think tank. wife the birth of a new nation in South been able to enroll in life-saving treat- Created by Congress and President Sudan, to resolve the situation in ment programs through PEPFAR will Ronald Reagan, it is a working instru- Darfur, and, as we make progress on now linger on waiting lists as their ment, utilized by the Department of those fronts, to forge a new relation- HIV diagnosis becomes a death sen- Defense as well as the Department of ship with the government in Khar- tence. It also means that 300,000 or- State. Defunding USIP would signifi- toum. They are leading the fight phans and children will not receive cantly reduce America’s ability to find against global challenges, like nuclear care and support, and that 100,000 nonviolent solutions to conflict, just as proliferation and climate change. And women who would have received medi- we are trying to resolve wars in Af- in countless communities around the cation to prevent the transmission of ghanistan and Iraq. USIP’s personnel world they are providing essential hu- HIV to their newborn children will not, operate on the ground in dangerous manitarian assistance preventing the resulting in tens of thousands of babies areas where America’s security is spread of cholera in Haiti, distributing that will be born HIV-positive. threatened. For example, in 2007 food to refugees in northern Kenya, H.R. 1 also slashes support for the USIP’s reconciliation efforts between and providing shelter to flood victims Global Fund to Fight AIDS, Tuber- Shia authorities and Sunni sheiks in Pakistan. culosis, and Malaria. The Global Fund helped dramatically reduce U.S. troop This is not a time for America to pull is a public-private partnership where deaths in the ‘‘Triangle of Death’’ near back from the world. This is a time to every American tax dollar is leveraged Baghdad. That in turn allowed the U.S. step forward. twice over by the rest of the world. Its Army to reduce its presence in the area Yet H.R. 1 imposes draconian cuts programs are also deeply intertwined by about 2,000 troops and save a signifi- that would completely undermine our with U.S. efforts: In Haiti, for example, cant amount of money. In a letter to core national security priorities and Global Fund grants support the pur- the Office of Management and Budget, our humanitarian commitments. The chase of anti-retroviral drugs for AIDS General Petraeus called this a ‘‘strik- bill threatens our ability to stabilize patients, while PEPFAR ensures their ing success story.’’

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.025 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1398 CONGRESSIONAL RECORD — SENATE March 8, 2011 I have long been impressed with and Ninewa, as well as at the national level have been assured by the staff at HHS USIP’s work in Sudan, where the Insti- in Baghdad, hold great promise for the fu- that there are sufficient funds for tute’s training in electoral violence ture. treatment and screening of the re- prevention contributed to the rel- In Afghanistan, USIP’s work on the infor- sponders and victims to continue with- mal justice system has been invaluable as we atively peaceful referendum and the work toward improving the rule of law at the out interruption. low levels of violence in its aftermath. provincial level. Their plans for reconcili- Mr. SCHUMER. It’s my under- USIP is now actively assisting in the ation efforts at the community level on the standing that the fiscal year 2010 ap- development of a new constitution for Afghanistan/Pakistan border are likewise a propriation included $70.7 million for Southern Sudan through its Rule of potential key to success in the enormous the World Trade Center Health Pro- Law Program. Recognizing the vola- challenges we face. gram, but that the 2011 continuing res- tility of the north/south border areas USIP’s experience working closely with olution proposed by Senator INOUYE and the potential for an outbreak of the U.S. military will be a great asset in de- does not specify an amount for the im- veloping stronger unity of effort between ci- contagious violence, USIP has insti- vilian and military elements of government plementation of the new law. tuted a cross-border grazing corridor In fact, I hope soon to see U.S. military offi- Mr. HARKIN. Yes, the $70.7 million project and designed a popular con- cers training alongside civilian govern- provided to the program in the fiscal sultations process in the troubled bor- mental and nongovernmental counterparts year 2010 omnibus remains available to der states of Blue Nile and Southern in USIP’s headquarters at 23rd and Constitu- NIOSH to use until expended. It is our Kordofan. tion. Their facility is not just an important understanding that $13 million remains In Pakistan, another area of great symbol of our nation’s commitment to of that $70.7 million and that it will be concern to me, USIP is developing a peace; it is also home to a wonderful training used to continue access to the pro- center that we hope to leverage to increase gram. network of conflict management understanding and unity of effort in today’s facilitators to work at the local level, complex operations. Mr. MENENDEZ. I thank the Senator training Pakistani parliamentarians We can be proud of what USIP has done in for that clarification. I too am very and women leaders in conflict resolu- the past, and I look forward with confidence concerned about continuity in the tion and developing a curriculum for to the contributions the Institute will make World Trade Center Health Program. schools based on principles of gender in the future. The mandatory funding will start on equality, tolerance, pluralism, and Sincerely, July 1, 2011, and it is critically impor- peace. DAVID H. PETRAEUS, tant that the transition be as smooth Under the Senate substitute, USIP’s General, United States Army, as possible. I would like to thank the Commanding. funding would be reduced by almost 20 Senator for ensuring that this program percent. But any greater reduction f will be able to continue under the 2011 would threaten this Federal institute 9/11 HEALTH FUNDING CR, and I would like to ask, on behalf that has proven it saves American lives of all of us and our constituents, that and money. The drastic action of the Mrs. GILLIBRAND. Mr. President, we work together to ensure that the House to defund USIP must not stand. we rise today to engage in a colloquy fiscal year 2011 discretionary funds sup- These sorts of severe cuts, which will regarding funding for the 9/11 health port the full and timely implementa- reduce our capacity from Afghanistan program. The chairman has been a tire- tion of the mandatory program. It is to Sudan, from war zones to earth- less supporter of the 9/11 World Trade very important that funding is pro- quake zones, will do almost nothing to Center health program at the Centers vided to ensure that NIOSH and the rein in our budget deficit. But they will for Disease Control and Prevention’s, World Trade Center monitoring and costs thousands of lives overseas, and CDC, National Institute for Occupa- treatment programs can seamlessly they will increase the threats to our tional Safety and Health, NIOSH. This continue their work. own country. At a time of great chal- program has helped our first respond- Mr. HARKIN. Yes, I commit to work- lenge to American interests abroad, we ers who bravely rushed in on Sep- ing with the Senator. I commit to the must step up at home and provide the tember 11 and thousands of others who Senators that we will specifically allo- vital funds that our diplomats need. were in the area on that terrible day. cate in the CR that will pass the Sen- Mr. President, I ask unanimous con- The 2011 continuing resolution pro- ate the amount of funds that are nec- sent that a letter be printed in the posed by Senator INOUYE that the Sen- essary to ensure a smooth transition in RECORD. ate will vote on today makes fiscally July. There being no objection, the mate- prudent adjustments to our Nation’s Mrs. GILLIBRAND. I thank the rial was ordered to be printed in the spending, but I wanted to clarify with Chairman for that clarification and for RECORD, as follows: the Senator, through this colloquy, ensuring that these American heroes U.S. CENTRAL COMMAND, that none of the spending reductions in were not forgotten. I hope we can all OFFICE OF THE COMMANDER, the CR will impact the current health work together each year on this impor- MacDill AFB, FL, February 11, 2009. care screening and treatment for first tant program. Mr. ROB GOLDBERG, responders, survivors, residents, stu- f Director, International Affairs Division, Na- dents and others related to the Sep- tional Security Programs, The Office of tember 11, 2001, terrorist attacks on the ARGENTINA’S DEBTS Management and Budget, 17th Street, NW., World Trade Center. Washington, DC. Mr. WICKER. Mr. President, I rise DEAR MR. GOLDBERG, I would like to under- Mr. LAUTENBERG. As the Senator today to discuss the treatment of score the importance of the U.S. Institute knows, we successfully enacted a bipar- American creditors by the Republic of for Peace (USIP) to the missions the United tisan bill to provide mandatory funding Argentina. Almost 10 years ago, the Ar- States is currently pursuing in Iraq and Af- to take care of the first responders and gentine government defaulted on over ghanistan. While I have long been an avid others who became sick from toxic $81 billion in sovereign debt. Nearly $9 reader of USIP’s analytical products, which fumes, dust, and smoke after the 2001 billion of this debt was held by the U.S. are second to none in tracking the chal- attack on the World Trade Center. This Government and American citizens. lenges we face in both countries and in outlining policy options, I have more recently new law was our Christmas miracle. It Following its default, Argentina made been impressed with USIP’s on-the-ground is very important to me and my con- take-it-or-leave-it settlement offers peacebuilding efforts. stituents that there is no disruption in well below international norms for set- In Iraq, the Institute stepped up to the the care that eligible responders and tling sovereign debt defaults. plate beginning in August 2007 to assist the victims can receive. I am glad to report that recently Ar- 10th Mountain Division in a reconciliation Mr. HARKIN. I thank the Senators. gentina has shown a willingness to ne- effort in Mahmoudiya, a community on the The Senator is absolutely correct, the gotiate in settling some of this debt. southern edge of Baghdad that was once 2011 continuing resolution that was Argentina recently informed the Paris known as the ‘‘Triangle of Death.’’ Since then, General Odierno and I have often cited proposed by Senator INOUYE will not Club, a group of sovereign governments Mahmoudiya as a striking success story. reduce any services or treatment avail- that includes the United States and USIP’s continuing reconciliation efforts at able to responders in the World Trade represents 19 creditor countries, that it the community level, especially in Diyala Center Health Program. In fact, we will pay its outstanding sovereign debt,

VerDate Mar 15 2010 02:45 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.025 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1399 including $360 million owed to the the Affordable Care Act recognized the access to the same educational and United States. Argentina’s willingness health benefits and cost savings associ- health services as men. For example, to pay its debts to the Paris Club dem- ated with MTM and includes a series of two-thirds of the world’s illiterate peo- onstrates its capacity to go further and grant programs to encourage MTM as ple are women. compensate private American credi- part of coordinated care models and These disparities are stark, and their tors, who have been trying to collect chronic disease initiatives. Reform also causes are the product of historical outstanding debt from Argentina for improves the MTM benefit in Medicare second-class citizenship for women. years. The fact that Argentina has Part D and establishes a bonus pay- Such historical disadvantages are per- agreed to pay its public debts to other ment for Medicare Advantage plans vasive and systemic. Only with the de- sovereign nations is a welcomed first that promote MTM. termined effort of the international step. However, private U.S. creditors Analysis conducted by the New Eng- community can we begin to break are still owed billions of dollars. land Healthcare Institute estimates down these barriers and foster true As I mentioned before in this Cham- that the overall cost of incorrect use of economic opportunities for women. ber, these private creditors have won medication is as much as $290 billion Many women and girls are trapped in over 100 U.S. Federal court judgments per year, not to mention the avoidable the vicious cycle of poverty because of against Argentina. Now that Argentina loss of quality of life for patients and their limited access to basic financial has shown that it can and will pay its their loved ones. With increasing evi- services. Women often manage the debts through the Paris Club negotia- dence this benefit can improve patient household and produce food for the en- tions, the administration should work health outcomes, I support community tire family, but they are unable to save to get this issue resolved for the re- pharmacy’s efforts to strengthen the money, protect against calamity, or maining American bondholders and MTM benefit. I joined colleagues ear- obtain a small loan—simple banking taxpayers. lier this year in introducing the Medi- tools you and I take for granted. I hope my colleagues will join me in cation Therapy Management Empower- For example, 75 percent of the urging the administration to protect ment Act. In addition to extending world’s women cannot obtain formal the well-being of the American citizens MTM services to seniors and others bank loans, partly because they lack impacted by Argentina’s failure to pay struggling with chronic conditions, permanent employment, capital, and its debts. this bill provides appropriate reim- assets, such as land. In some countries, f bursement for pharmacists’ time and like Burkina Faso, laws do not specifi- service. The bill also establishes stand- cally discriminate against women, but Rx IMPACT DAY ards for data collection to evaluate and they do establish landowner criteria Mr. JOHNSON of South Dakota. Mr. improve the Part D MTM benefit. that effectively exclude women. President, I rise today in advance of Throughout my service in Congress, I One way to bridge this gap is to con- the Third Annual National Association have been a strong supporter of phar- nect women with access to financial of Chain Drug Stores RxIMPACT Day macies and recognize their important services and microfinance. Very small to recognize pharmacy contributions to role in our health care system. Today, loans can help some women start and the American health care system. Over I celebrate the value of pharmacy and expand small businesses. Others need a the course of the next 2 days, over 300 support efforts to protect access to safe place to store money as they save members of the pharmacy community, neighborhood pharmacies and utilize for school fees and health care services including practicing pharmacists, pharmacies to improve the quality and for their children. Some small busi- pharmacy school faculty and students, reduce the costs of health care. I com- nesswomen and female heads of house- State pharmacy leaders and pharmacy mend pharmacy leaders, pharmacists, holds wish to purchase simple forms of company executives, will visit Capitol students, and executives and the phar- insurance to protect against unex- Hill to share their views with Congress macy community for their contribu- pected illnesses, which can often wipe a about the importance of protecting actions to improving the health of the family out. By increasing women’s access to neighborhood pharmacies and American people. cess to such basic financial services, we utilizing pharmacists to improve qual- f can help countless women weather unity and reduce health costs. expected storms and gain agency over Pharmacists play an important role INTERNATIONAL WOMEN’S DAY their economic well-being. in improving our health care system by Mr. BENNET. Mr. President, I rise Creating economic and financial op- providing services and expertise that today, March 8, to celebrate Inter- portunities for women worldwide is the help patients manage their medica- national Women’s Day, on which we right thing to do, and it is also the tions and overall health. In many com- honor the economic, political, and so- smart thing to do. In countries like munities, pharmacists are the most ac- cial achievements of women in Colo- Pakistan and Yemen, supporting cessible health care provider group. To- rado and across the world. It also hap- women can lead to measurable progress day’s pharmacies offer a variety of pre- pens to be the 100-year anniversary of in the economic success of families and ventive healthcare services including International Women’s Day. For 100 the direction of tomorrow’s youth. In immunizations and vaccinations, years, diverse nations have spoken as sub-Saharan Africa, for instance, these health screening services, disease man- one to honor the achievements of efforts can help small-scale, subsist- agement services and routine advice on women and look forward hopefully to a ence farmers, most of whom are the best and most effective over-the- future with greater economic opportu- women, prevent future food crises and counter products for patients’ specific nities for all women, including my help stabilize struggling democracies. needs. three daughters, Caroline, Halina, and Mr. President and all other Members Through medication therapy man- Anne. here today, please join me in cele- agement, MTM, pharmacists reduce I would like to celebrate today by brating International Women’s Day by medical errors and help patients man- discussing ways that we can build to- supporting efforts to expand economic age and adhere to their prescribed ward that future and create better eco- opportunities for women around the therapies. Drug therapy management nomic opportunities for women in all world. services can play a critical role in im- countries—from Afghanistan to Zam- f proving the quality of care and con- bia, two countries which, incidentally, taining health care costs, as these serv- celebrate International Women’s Day TEACHING GEOGRAPHY IS ices help patients make the best pos- as an official holiday. FUNDAMENTAL ACT sible use of their medications. MTM All too often, in many developing Ms. MIKULSKI. Mr. President, I rise services require a partnership of the countries, women represent a dis- in strong support of the Teaching Ge- pharmacist, the patient or their care- proportionate number of the poor. Ac- ography is Fundamental Act, intro- giver, and other health professionals to cording to the United Nations Develop- duced by Senator COCHRAN and myself promote the safe and effective use of ment Program, women represent 60 last week. Increasing geography lit- medications and help patients achieve percent of the 1.4 billion people living eracy is essential to STEM education, targeted health outcomes. I am pleased on less than $1.25 a day. They also lack and investing in our children’s science

VerDate Mar 15 2010 03:54 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.026 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1400 CONGRESSIONAL RECORD — SENATE March 8, 2011 education is essential to making Amer- courage that curiosity with our chil- it may afford to preference eligible individ- ica smarter and more innovative. This dren, and this bill helps us get there. uals. bill would authorize the Secretary of That is why I am proud to cosponsor H Regs: (c) Scope of Regulations. The def- Education to meet that critical need this bill, and I encourage my col- inition of ‘‘covered employee’’ in Section 4(c) of the VEOA limits the scope of the statute’s by doling out competitive grants to leagues to support it as well. applicability within the Legislative branch. proven nonprofits with a track record f The term ‘‘covered employee’’ excludes any of promoting geography literacy in our NOTICE OF ISSUANCE employee: (1) whose appointment is made by schools through activities such as the President with the advice and consent of teacher professional development and Mr. INOUYE. Mr. President, the fol- the Senate; (2) whose appointment is made research. As chairwoman of the appro- lowing regulations were printed in the by a Member of Congress within an employ- priation subcommittee that funds Na- RECORD on January 25, 2011. Due to ering office, as defined by Sec. 101(9)(A–C) of tional Science Foundation, NSF, I have rors in the initial printing, I ask unani- the CAA, 2 U.S.C. § 1301(9)(A–C) or; (3) whose directed National Science Foundation’s mous consent that the notice be re- appointment is made by a committee or subcommittee of either House of Congress or a education team to work with experts printed in the RECORD. joint committee of the House of Representa- like National Geographic to strengthen There being no objection, the mate- tives and the Senate; or (4) who is appointed geography education. NSF is now rial was ordered to be printed in the to a position, the duties of which are equiva- working with National Geographic So- RECORD, as follows: lent to those of a Senior Executive Service ciety to explore new ways to improve OFFICE OF COMPLIANCE TEXT OF REGULATIONS position (within the meaning of section geography teaching, training, and re- FOR THE VETERANS EMPLOYMENT OPPORTU- 3132(a)(2) of title 5, United States Code). Ac- search in our schools. This pilot pro- NITIES ACT OF 1998 cordingly, these regulations shall not apply to any employing office that only employs gram has proven successful and de- When approved by the House of Represent- individuals excluded from the definition of atives for the House of Representatives, serves national support. covered employee. these regulations will have the prefix ‘‘H.’’ For a number of years, I have pro- S Regs: (c) Scope of Regulations. The def- When approved by the Senate for the Senate, moted geography locally in my home inition of ‘‘covered employee’’ in Section 4(c) these regulations will have the prefix ‘‘S.’’ State of Maryland by working with ge- of the VEOA limits the scope of the statute’s When approved by Congress for the other em- ographic trailblazers like National Ge- applicability within the Legislative branch. ploying offices covered by the CAA, these The term ‘‘covered employee’’ excludes any ographic Society’s Chesapeake water- regulations will have the prefix ‘‘C.’’ employee: (1) whose appointment is made by shed education programs and Pat In this draft, ‘‘H&S Regs’’ denotes the pro- the President with the advice and consent of Noonan’s Chesapeake Bay Interpretive visions that would be included in the regula- the Senate; (2) whose appointment is made Buoys—bringing real-time environ- tions applicable to be made applicable to the or directed by a Member of Congress within House and Senate, and ‘‘C Reg’’ denotes the mental information to Maryland an employing office, as defined by Sec. provisions that would be included in the reg- schoolchildren in a meaningful and un- 101(9)(A–C) of the CAA, 2 U.S.C. § 1301(9)(A–C) ulations to be made applicable to other em- derstandable way. I can tell that mak- or; (3) whose appointment is made by a com- ploying offices. ing geography education local is where mittee or subcommittee of either House of PART 1—Extension of Rights and Protec- Congress or a joint committee of the House to start. Hook a child’s interest with tions Relating to Veterans’ Preference Under of Representatives and the Senate; (4) who is what they know, and their geographic Title 5, United States Code, to Covered Em- appointed pursuant to section 105(a) of the knowledge will open up to the rest of ployees of the Legislative Branch (section Second Supplemental Appropriations Act, the world. 4(c) of the Veterans Employment Opportuni- 1978; or (5) who is appointed to a position, the I strongly support this bill because I ties Act of 1998) duties of which are equivalent to those of a know it can enhance tremendous work Subpart A—Matters of General Applicability Senior Executive Service position (within already being done. National Geo- to All Regulations Promulgated under Sec- the meaning of section 3132(a)(2) of title 5, graphic is a great example of an orga- tion 4 of the VEOA United States Code). Accordingly, these reg- nization that could partner with the Sec. ulations shall not apply to any employing of- Department of Education to provide 1.101 Purpose and scope. fice that only employs individuals excluded schools with the intellectual and orga- 1.102 Definitions. from the definition of covered employee. nizational capacity to effectively teach 1.103 Adoption of regulations. C Regs: (c) Scope of Regulations. The def- geography literacy. It is an institution 1.104 Coordination with section 225 of the inition of ‘‘covered employee’’ in Section 4(c) Congressional Accountability of the VEOA limits the scope of the statute’s whose members have explored the Act. applicability within the Legislative branch. world’s tallest peaks and discovered SEC. 1.101. PURPOSE AND SCOPE. The term ‘‘covered employee’’ excludes any our ocean’s deepest depths. They sup- (a) Section 4(c) of the VEOA. The Veterans employee: (1) whose appointment is made by port exploration and discovery—from Employment Opportunities Act of 1998 the President with the advice and consent of Peary and Hanson’s expedition to the (VEOA) applies the rights and protections of the Senate; (2) whose appointment is made North Pole in 1906 to Ballard’s dis- sections 2108, 3309 through 3312, and sub- by a Member of Congress or by a committee covery of the Titanic in 1985. But they chapter I of chapter 35 of title 5 U.S.C., to or subcommittee of either House of Congress also fund geography education pro- certain covered employees within the Legis- or a joint committee of the House of Rep- lative branch. resentatives and the Senate; or (3) who is ap- gramming through grants to edu- pointed to a position, the duties of which are cational organizations and by pro- (b) Purpose of regulations. The regulations set forth herein are the substantive regula- equivalent to those of a Senior Executive viding professional development to tions that the Board of Directors of the Of- Service position (within the meaning of sec- classroom teachers. Their magazine fice of Compliance has promulgated pursuant tion 3132(a)(2) of title 5, United States Code). alone has an incredible impact because to section 4(c)(4) of the VEOA, in accordance Accordingly, these regulations shall not of its loyal and massive readership of with the rulemaking procedure set forth in apply to any employing office that only em- more than 360 million people. There is section 304 of the CAA (2 U.S.C. § 1384). The ploys individuals excluded from the defini- no need for the administration to re- purpose of subparts B, C and D of these regu- tion of covered employee. invent the wheel when there are will- lations is to define veterans’ preference and SEC. 1.102. DEFINITIONS. ing geographic partners ready and will- the administration of veterans’ preference as Except as otherwise provided in these regu- applicable to Federal employment in the lations, as used in these regulations: ing to take this Teaching Geography is Legislative branch. (5 U.S.C. § 2108, as applied (a) ‘‘Accredited physician’’ means a doctor Fundamental bill and run with it. by the VEOA). The purpose of subpart E of of medicine or osteopathy who is authorized We live in an age when our innova- these regulations is to ensure that the prin- to practice medicine or surgery (as appro- tive economy is becoming ever more ciples of the veterans’ preference laws are in- priate) by the State in which the doctor global and new cyber technology con- tegrated into the existing employment and practices. The phrase ‘‘authorized to practice nects schoolchildren not only to their retention policies and processes of those em- by the State’’ as used in this section means friend across the street but to their ploying offices with employees covered by that the provider must be authorized to diag- friend across the ocean, Better geog- the VEOA, and to provide for transparency nose and treat physical or mental health raphy literacy at a young age—along in the application of veterans’ preference in conditions without supervision by a doctor covered appointment and retention deci- or other health care provider. with an understanding and apprecia- sions. Provided, nothing in these regulations (b) ‘‘Act’’ or ‘‘CAA’’ means the Congres- tion of other cultures—is so important shall be construed so as to require an em- sional Accountability Act of 1995, as amend- nowadays. I think it is both fitting and ploying office to reduce any existing vet- ed (Pub. L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301– appropriate that we continue to en- erans’ preference rights and protections that 1438).

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.001 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1401 (c) ‘‘Active duty’’ or ‘‘active military (h) ‘‘Covered position’’ means any position H Regs: (n) ‘‘Employing office’’ means: (1) duty’’ means full-time duty with military that is or will be held by a covered employee. the personal office of a Member of the House pay and allowances in the armed forces, ex- (i) ‘‘Disabled veteran’’ means a person who of Representatives; (2) a committee of the cept (1) for training or for determining phys- was separated under honorable conditions House of Representatives or a joint com- ical fitness and (2) for service in the Reserves from active duty in the armed forces per- mittee of the House of Representatives and or National Guard. formed at any time and who has established the Senate; or (3) any other office headed by (d) ‘‘Appointment’’ means an individual’s the present existence of a service-connected a person with the final authority to appoint, appointment to employment in a covered po- disability or is receiving compensation, dis- hire, discharge, and set the terms, condi- sition, but does not include any personnel ability retirement benefits, or pensions be- tions, or privileges of the employment of an action that an employing office takes with cause of a public statute administered by the employee of the House of Representatives or regard to an existing employee of the em- Department of Veterans Affairs or a military the Senate. ploying office. department. S Regs: (n) ‘‘Employing office’’ means: (1) (e) ‘‘Armed forces’’ means the United (j) Employee of the Office of the Architect the personal office of a Senator; (2) a com- States Army, Navy, Air Force, Marine Corps, of the Capitol includes any employee of the mittee of the Senate or a joint committee of and Coast Guard. Office of the Architect of the Capitol or the the House of Representatives and the Senate; (f) ‘‘Board’’ means the Board of Directors Botanic Gardens. or (3) any other office headed by a person of the Office of Compliance. (k) Employee of the Capitol Police includes with the final authority to appoint, or be di- H Regs: (g) ‘‘Covered employee’’ means any member or officer of the Capitol Police. rected by a Member of Congress to appoint, any employee of (1) the House of Representa- H Regs: (l) Employee of the House of Rep- hire, discharge, and set the terms, condi- tives; (2) the Senate; (3) the Office of Con- resentatives includes an individual occu- tions, or privileges of the employment of an gressional Accessibility Services; (4) the pying a position the pay of which is dis- employee of the House of Representatives or Capitol Police; (5) the Congressional Budget bursed by the Clerk of the House of Rep- the Senate. Office; (6) the Office of the Architect of the resentatives, or another official designated C Regs: (n) ‘‘Employing office’’ means: Capitol; (7) the Office of the Attending Phy- by the House of Representatives, or any em- the Office of Congressional Accessibility sician; or (8) the Office of Compliance, but ployment position in an entity that is paid Services, the Capitol Police, the Congres- does not include an employee (aa) whose ap- with funds derived from the clerk-hire allow- sional Budget Office, the Office of the Archi- pointment is made by the President with the ance of the House of Representatives but not tect of the Capitol, the Office of the Attend- advice and consent of the Senate; (bb) whose any such individual employed by any entity ing Physician, and the Office of Compliance. appointment is made by a Member of Con- listed in subparagraphs (3) through (8) of (o) ‘‘Office’’ means the Office of Compli- gress; (cc) whose appointment is made by a paragraph (g) above nor any individual de- ance. committee or subcommittee of either House scribed in subparagraphs (aa) through (dd) of (p) ‘‘Preference eligible’’ means veterans, of Congress or a joint committee of the paragraph (g) section 1.102 of the regulations spouses, widows, widowers or mothers who House of Representatives and the Senate; or classified with an ‘‘H’’ classification. meet the definition of ‘‘preference eligible’’ (dd) who is appointed to a position, the du- S Regs: (l) Employee of the House of Rep- in 5 U.S.C. § 2108(3)(A)–(G). ties of which are equivalent to those of a resentatives includes an individual occu- (q) ‘‘Qualified applicant’’ means an appli- Senior Executive Service position (within pying a position the pay of which is dis- cant for a covered position whom an em- the meaning of section 3132(a)(2) of title 5, bursed by the Clerk of the House of Rep- ploying office deems to satisfy the requisite United States Code). The term covered em- resentatives, or another official designated minimum job-related requirements of the po- ployee includes an applicant for employment by the House of Representatives, or any em- sition. Where the employing office uses an in a covered position and a former covered ployment position in an entity that is paid entrance examination or evaluation for a employee. with funds derived from the clerk-hire allow- covered position that is numerically scored, S Regs: (g) ‘‘Covered employee’’ means ance of the House of Representatives but not the term ‘‘qualified applicant’’ shall mean any employee of (1) the House of Representa- any such individual employed by any entity that the applicant has received a passing tives; (2) the Senate; (3) the Office of Con- listed in subparagraphs (3) through (8) of score on the examination or evaluation. gressional Accessibility Services; (4) the paragraph (g) above nor any individual de- (r) ‘‘Separated under honorable condi- Capitol Police; (5) the Congressional Budget scribed in subparagraphs (aa) through (dd) of tions’’ means either an honorable or a gen- Office; (6) the Office of the Architect of the paragraph (g) of section 1.102 of the regula- eral discharge from the armed forces. The Capitol; (7) the Office of the Attending Phy- tions classified with an ‘‘H’’ classification. Department of Defense is responsible for ad- sician; or (8) the Office of Compliance, but C Regs: (l) Employee of the House of Rep- ministering and defining military dis- does not include an employee (aa) whose ap- resentatives includes an individual occu- charges. pointment is made by the President with the pying a position the pay of which is dis- (s) ‘‘Uniformed services’’ means the armed advice and consent of the Senate; (bb) whose bursed by the Clerk of the House of Rep- forces, the commissioned corps of the Public appointment is made or directed by a Mem- resentatives, or another official designated Health Service, and the commissioned corps ber of Congress; (cc) whose appointment is by the House of Representatives, or any em- of the National Oceanic and Atmospheric Ad- made by a committee or subcommittee of ei- ployment position in an entity that is paid ministration. ther House of Congress or a joint committee with funds derived from the clerk-hire allow- (t) ‘‘VEOA’’ means the Veterans Employ- of the House of Representatives and the Sen- ance of the House of Representatives but not ment Opportunities Act of 1998 (Pub. L. 105– ate; (dd) who is appointed pursuant to sec- any such individual employed by any entity 339, 112 Stat. 3182). tion 105(a) of the Second Supplemental Ap- listed in paragraph (g) above nor any indi- (u) ‘‘Veterans’’ means persons as defined in propriations Act, 1978; or (ee) who is ap- vidual described in subparagraphs (aa) 5 U.S.C. § 2108(1), or any superseding legisla- pointed to a position, the duties of which are through (dd) of paragraph (g) of section 1.102 tion. equivalent to those of a Senior Executive of the regulations classified with an ‘‘H’’ SEC. 1.103. ADOPTION OF REGULATIONS. Service position (within the meaning of sec- classification. (a) Adoption of regulations. Section tion 3132(a)(2) of title 5, United States Code). H Regs: (m) Employee of the Senate in- 4(c)(4)(A) of the VEOA generally authorizes The term covered employee includes an ap- cludes any employee whose pay is disbursed the Board to issue regulations to implement plicant for employment in a covered position by the Secretary of the Senate, but not any section 4(c). In addition, section 4(c)(4)(B) of and a former covered employee. such individual employed by any entity list- the VEOA directs the Board to promulgate C Regs: (g) ‘‘Covered employee’’ means ed in subparagraphs (3) through (8) of para- regulations that are ‘‘the same as the most any employee of (1) the Office of Congres- graph (g) above nor any individual described relevant substantive regulations (applicable sional Accessibility Services; (2) the Capitol in subparagraphs (aa) through (ee) of para- with respect to the Executive branch) pro- Police; (3) the Congressional Budget Office; graph (g) of section 1.102 of the regulations mulgated to implement the statutory provi- (4) the Office of the Architect of the Capitol; classified with an ‘‘S’’ classification. sions referred to in paragraph (2)’’ of section (5) the Office of the Attending Physician; or S Regs: (m) Employee of the Senate in- 4(c) of the VEOA. Those statutory provisions (6) the Office of Compliance, but does not includes any employee whose pay is disbursed are section 2108, sections 3309 through 3312, clude an employee: (aa) whose appointment by the Secretary of the Senate, but not any and subchapter I of chapter 35, of title 5, is made by the President with the advice and such individual employed by any entity list- United States Code. The regulations issued consent of the Senate; or (bb) whose appointed in subparagraphs (3) through (8) of para- by the Board herein are on all matters for ment is made by a Member of Congress or by graph (g) above nor any individual described which section 4(c)(4)(B) of the VEOA requires a committee or subcommittee of either in subparagraphs (aa) through (ee) of para- a regulation to be issued. Specifically, it is House of Congress or a joint committee of graph (g) of section 1.102 of the regulations the Board’s considered judgment based on the House of Representatives and the Senate; classified with an ‘‘S’’ classification. the information available to it at the time of or (cc) who is appointed to a position, the du- C Regs: (m) Employee of the Senate in- promulgation of these regulations, that, ties of which are equivalent to those of a cludes any employee whose pay is disbursed with the exception of the regulations adopt- Senior Executive Service position (within by the Secretary of the Senate, but not any ed and set forth herein, there are no other the meaning of section 3132(a)(2) of title 5, such individual employed by any entity list- ‘‘substantive regulations (applicable with re- United States Code). The term covered em- ed in paragraph (g) above nor any individual spect to the Executive branch) promulgated ployee includes an applicant for employment described in subparagraphs (aa) through (ee) to implement the statutory provisions rein a covered position and a former covered of paragraph (g) of section 1.102 of the regu- ferred to in paragraph (2)’’ of section 4(c) of employee. lations classified with an ‘‘S’’ classification. the VEOA that need be adopted.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.026 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1402 CONGRESSIONAL RECORD — SENATE March 8, 2011 (b) Modification of substantive regula- 1.108 Veterans’ preference in appointments vide preference eligible applicants with cred- tions. As a qualification to the statutory ob- to non-restricted covered posi- it: ligation to issue regulations that are ‘‘the tions. (a) for time spent in the military service same as the most substantive regulations 1.109 Crediting experience in appointments (1) as an extension of time spent in the posi- (applicable with respect to the Executive to covered positions. tion in which the applicant was employed branch)’’, section 4(c)(4)(B) of the VEOA au- 1.110 Waiver of physical requirements in ap- immediately before his/her entrance into the thorizes the Board to ‘‘determine, for good pointments to covered posi- military service, or (2) on the basis of actual cause shown and stated together with the tions. duties performed in the military service, or regulation, that a modification of such regu- SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- (3) as a combination of both methods. Em- lations would be more effective for the im- MENTS TO RESTRICTED POSITIONS. ploying offices shall credit time spent in the plementation of the rights and protections In each appointment action for the posi- military service according to the method under’’ section 4(c) of the VEOA. tions of custodian, elevator operator, guard, that will be of most benefit to the preference (c) Rationale for Departure from the Most and messenger (as defined below and collec- eligible applicant; and (b) for all experience material to the posi- Relevant Executive Branch Regulations. The tively referred to in these regulations as re- tion for which the applicant is being consid- Board concludes that it must promulgate stricted covered positions) employing offices ered, including experience gained in reli- regulations accommodating the human re- shall restrict competition to preference eli- gious, civic, welfare, service, and organiza- source systems existing in the Legislative gible applicants as long as qualified pref- tional activities, regardless of whether he/ branch; and that such regulations must take erence eligible applicants are available. The she received pay therefor. into account the fact that the Board does not provisions of sections 1.109 and 1.110 below possess the statutory and Executive Order shall apply to the appointment of a pref- SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS based government-wide policy making au- IN APPOINTMENTS TO COVERED PO- erence eligible applicant to a restricted cov- SITIONS. thority underlying OPM’s counterpart VEOA ered position. The provisions of section 1.108 (a) Subject to (c) below, in determining regulations governing the Executive branch. shall apply to the appointment of a pref- qualifications of a preference eligible for ap- OPM’s regulations are designed for the com- erence eligible applicant to a restricted cov- pointment, an employing office shall waive: petitive service (defined in 5 U.S.C. ered position, in the event that there is more (1) with respect to a preference eligible ap- 2102(a)(2)), which does not exist in the em- than one preference eligible applicant for the plicant, requirements as to age, height, and ploying offices subject to this regulation. position. weight, unless the requirement is essential Therefore, to follow the OPM regulations Custodian—One whose primary duty is the to the performance of the duties of the posi- would create detailed and complex rules and performance of cleaning or other ordinary tion; and procedures for a workforce that does not routine maintenance duties in or about a (2) with respect to a preference eligible ap- exist in the Legislative branch, while pro- government building or a building under plicant to whom it has made a conditional viding no VEOA protections to the covered Federal control, park, monument, or other offer of employment, physical requirements Legislative branch employees. We have cho- Federal reservation. if, in the opinion of the employing office, on sen to propose specially tailored regulations, Elevator operator—One whose primary the basis of evidence before it, including any rather than simply to adopt those promul- duty is the running of freight or passenger recommendation of an accredited physician gated by OPM, so that we may effectuate elevators. The work includes opening and submitted by the preference eligible appli- Congress’s intent in extending the principles closing elevator gates and doors, working el- cant, the preference eligible applicant is of the veterans’ preference laws to the Legis- evator controls, loading and unloading the physically able to perform efficiently the du- lative branch through the VEOA. elevator, giving information and directions ties of the position; SEC. 1.104. COORDINATION WITH SECTION 225 OF to passengers such as on the location of of- (b) Subject to (c) below, if an employing of- THE CONGRESSIONAL ACCOUNT- fices, and reporting problems in running the fice determines, on the basis of evidence be- ABILITY ACT. elevator. fore it, including any recommendation of an Statutory directive. Section 4(c)(4)(C) of Guard—One whose primary duty is the as- accredited physician submitted by the pref- the VEOA requires that promulgated regula- signment to a station, beat, or patrol area in erence eligible applicant, that an applicant tions must be consistent with section 225 of a Federal building or a building under Fed- to whom it has made a conditional offer of the CAA. Among the relevant provisions of eral control to prevent illegal entry of per- employment is preference eligible as a dis- section 225 are subsection (f)(1), which pre- sons or property; or required to stand watch abled veteran as described in 5 U.S.C. scribes as a rule of construction that defini- at or to patrol a Federal reservation, indus- § 2108(3)(C) and who has a compensable serv- tions and exemptions in the laws made appli- trial area, or other area designated by Fed- ice-connected disability of 30 percent or cable by the CAA shall apply under the CAA, eral authority, in order to protect life and more is not able to fulfill the physical re- and subsection (f)(3), which states that the property; make observations for detection of quirements of the covered position, the em- CAA shall not be considered to authorize en- fire, trespass, unauthorized removal of public ploying office shall notify the preference eli- forcement of the CAA by the Executive property or hazards to Federal personnel or gible applicant of the reasons for the deter- branch. property. The term guard does not include mination and of the right to respond and to Subpart B—Veterans’ Preference—General law enforcement officer positions of the Cap- submit additional information to the em- Provisions itol Police. ploying office, within 15 days of the date of the notification. The head of the employing Sec. Messenger—One whose primary duty is the office may, by providing written notice to 1.105 Responsibility for administration of supervision or performance of general mes- the preference eligible applicant, shorten the veterans’ preference. senger work (such as running errands, deliv- period for submitting a response with respect 1.106 Procedures for bringing claims under ering messages, and answering call bells). to an appointment to a particular covered the VEOA. SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- MENTS TO NON-RESTRICTED COV- position, if necessary because of a need to SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- ERED POSITIONS. fill the covered position immediately. TION OF VETERANS’ PREFERENCE. (a) Where an employing office has duly Should the preference eligible applicant Subject to section 1.106, employing offices adopted a policy requiring the numerical make a timely response, the highest ranking with covered employees or covered positions scoring or rating of applicants for covered individual or group of individuals with au- are responsible for making all veterans’ pref- positions, the employing office shall add thority to make employment decisions on erence determinations, consistent with the points to the earned ratings of those pref- behalf of the employing office shall render a VEOA. erence eligible applicants who receive pass- final determination of the physical ability of SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS ing scores in an entrance examination, in a the preference eligible applicant to perform UNDER THE VEOA. manner that is proportionately comparable the duties of the position, taking into ac- Applicants for appointment to a covered to the points prescribed in 5 U.S.C. § 3309. For count the response and any additional infor- position and covered employees may contest example, five preference points shall be mation provided by the preference eligible adverse veterans’ preference determinations, granted to preference eligible applicants in a applicant. When the employing office has including any determination that a pref- 100-point system, one point shall be granted completed its review of the proposed dis- erence eligible applicant is not a qualified in a 20-point system, and so on. qualification on the basis of physical dis- applicant, pursuant to sections 401–416 of the (b) In all other situations involving ap- ability, it shall send its findings to the pref- CAA, 2 U.S.C. §§ 1401–1416, and provisions of pointment to a covered position, employing erence eligible applicant. law referred to therein; 206a(3) of the CAA, 2 offices shall consider veterans’ preference (c) Nothing in this section shall relieve an U.S.C. §§ 1401, section 4(c)(3) of the Veterans eligibility as an affirmative factor in the em- employing office of any obligations it may Employment Opportunities Act of 1998; and ploying office’s determination of who will be have pursuant to the Americans with Dis- the Office’s Procedural Rules. appointed from among qualified applicants. abilities Act of 1990 (42 U.S.C. § 12101 et seq.) Subpart C—Veterans’ Preference in SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- as applied by section 102(a)(3) of the Act, 2 Appointments MENTS TO COVERED POSITIONS. U.S.C. § 1302(a)(3). Sec. When considering applicants for covered Subpart D—Veterans’ preference in 1.107 Veterans’ preference in appointments positions in which experience is an element reductions in force to restricted covered positions. of qualification, employing offices shall pro- Sec.

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The term ‘‘reduction in force’’ (1) the length of time in active service in 1.113 Crediting experience in reductions in does not encompass a termination or other the armed forces during a war, or in a cam- force. personnel action: (1) predicated upon per- paign or expedition for which a campaign 1.114 Waiver of physical requirements in re- formance, conduct or other grounds attrib- badge has been authorized; or ductions in force. utable to an employee, or (2) involving an (2) the total length of time in active serv- 1.115 Transfer of functions. employee who is employed by the employing ice in the armed forces if he is included SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- office on a temporary basis, or (3) attrib- under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and TIONS IN FORCE. utable to a change in party leadership or ma- (c) a preference eligible covered employee (a) Competing covered employees are the jority party status within the House of Con- is entitled to credit for: covered employees within a particular posi- gress where the employee is employed. (1) service rendered as an employee of a tion or job classification, at or within a par- C Regs: (e) Reduction in force is any ter- county committee established pursuant to ticular competitive area, as those terms are mination of a covered employee’s employ- section 8(b) of the Soil Conservation and Do- defined below. ment or the reduction in pay and/or position mestic Allotment Act or of a committee or (b) Competitive area is that portion of the grade of a covered employee for more than 30 association of producers described in section employing office’s organizational structure, days and that may be required for budgetary 10(b) of the Agricultural Adjustment Act, re- as determined by the employing office, in or workload reasons, changes resulting from enacted with amendments by the Agricul- which covered employees compete for reten- reorganization, or the need to make room for tural Marketing Agreement Act of 1937; and (2) service rendered as an employee de- tion. A competitive area must be defined an employee with reemployment or restora- scribed in 5 U.S.C. § 2105(c) if such employee solely in terms of the employing office’s or- tion rights. The term ‘‘reduction in force’’ moves or has moved, on or after January 1, ganizational unit(s) and geographical loca- does not encompass a termination or other 1966, without a break in service of more than tion, and it must include all employees with- personnel action: (1) predicated upon per- 3 days, from a position in a nonappropriated in the competitive area so defined. A com- formance, conduct or other grounds attrib- fund instrumentality of the Department of petitive area may consist of all or part of an utable to an employee, or (2) involving an Defense or the Coast Guard to a position in employing office. The minimum competitive employee who is employed by the employing the Department of Defense or the Coast area is a department or subdivision of the office on a temporary basis. Guard, respectively, that is not described in employing office within the local commuting (f) Undue interruption is a degree of inter- 5 U.S.C. § 2105(c). area. ruption that would prevent the completion (c) Position classifications or job classi- of required work by a covered employee 90 SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN REDUCTIONS IN FORCE. fications are determined by the employing days after the employee has been placed in a (a) If an employing office determines, on office, and shall refer to all covered positions different position under this part. The 90-day the basis of evidence before it, that a covered within a competitive area that are in the standard should be considered within the al- employee is preference eligible, the employ- same grade, occupational level or classifica- lowable limits of time and quality, taking ing office shall waive, in determining the tion, and which are similar enough in duties, into account the pressures of priorities, covered employee’s retention status in a re- qualification requirements, pay schedules, deadlines, and other demands. However, tenure (type of appointment) and working duction in force: work generally would not be considered to be (1) requirements as to age, height, and conditions so that an employing office may unduly interrupted if a covered employee reassign the incumbent of one position to weight, unless the requirement is essential needs more than 90 days after the reduction to the performance of the duties of the posi- any of the other positions in the position in force to perform the optimum quality or classification without undue interruption. tion; and quantity of work. The 90-day standard may (2) physical requirements if, in the opinion (d) Preference Eligibles. For the purpose of be extended if placement is made under this applying veterans’ preference in reductions of the employing office, on the basis of evi- part to a program accorded low priority by dence before it, including any recommenda- in force, except with respect to the applica- the employing office, or to a vacant position. tion of section 1.114 of these regulations re- tion of an accredited physician submitted by SEC. 1.112. APPLICATION OF PREFERENCE IN RE- the employee, the preference eligible covered garding the waiver of physical requirements, DUCTIONS IN FORCE. the following shall apply: employee is physically able to perform effi- Prior to carrying out a reduction in force (1) ‘‘active service’’ has the meaning given ciently the duties of the position. that will affect covered employees, employ- it by section 101 of title 37; (b) If an employing office determines that ing offices shall determine which, if any, (2) ‘‘a retired member of a uniformed serv- a covered employee who is a preference eligi- covered employees within a particular group ice’’ means a member or former member of a ble as a disabled veteran as described in 5 of competing covered employees are entitled uniformed service who is entitled, under U.S.C. § 2108(3)(C) and has a compensable to veterans’ preference eligibility status in statute, to retired, retirement, or retainer service-connected disability of 30 percent or accordance with these regulations. In deter- pay on account of his/her service as such a more is not able to fulfill the physical re- mining which covered employees will be remember; and quirements of the covered position, the em- (3) a preference eligible covered employee tained, employing offices will treat veterans’ ploying office shall notify the preference eli- who is a retired member of a uniformed serv- preference as the controlling factor in reten- gible covered employee of the reasons for the ice is considered a preference eligible only if tion decisions among such competing cov- determination and of the right to respond (A) his/her retirement was based on dis- ered employees, regardless of length of serv- and to submit additional information to the ability— ice or performance, provided that the pref- employing office within 15 days of the date of (i) resulting from injury or disease re- erence eligible employee’s performance has the notification. Should the preference eligi- ceived in line of duty as a direct result of not been determined to be unacceptable. ble covered employee make a timely re- armed conflict; or Provided, a preference eligible employee who sponse, the highest ranking individual or (ii) caused by an instrumentality of war is a ‘‘disabled veteran’’ under section 1.102(i) group of individuals with authority to make and incurred in the line of duty during a pe- above who has a compensable service-con- employment decisions on behalf of the em- riod of war as defined by sections 101 and 1101 nected disability of 30 percent or more and ploying office, shall render a final deter- of title 38; whose performance has not been determined mination of the physical ability of the pref- (B) his/her service does not include twenty to be unacceptable by an employing office is erence eligible covered employee to perform or more years of full-time active service, re- entitled to be retained in preference to other the duties of the covered position, taking gardless of when performed but not including preference eligible employees. Provided, this into account the evidence before it, includ- periods of active duty for training; or section does not relieve an employing office ing the response and any additional informa- (C) on November 30, 1964, he/she was em- of any greater obligation it may be subject tion provided by the preference eligible. ployed in a position to which this subchapter to pursuant to the Worker Adjustment and When the employing office has completed its applies and thereafter he/she continued to be Retraining Notification Act (29 U.S.C. § 2101 review of the proposed disqualification on so employed without a break in service of et seq.) as applied by section 102(a)(9) of the the basis of physical disability, it shall send more than 30 days. CAA, 2 U.S.C. § 1302(a)(9). its findings to the preference eligible covered The definition of ‘‘preference eligible’’ as SEC. 1.113. CREDITING EXPERIENCE IN REDUC- employee. set forth in 5 U.S.C. § 2108 and section 1.102(p) TIONS IN FORCE. (c) Nothing in this section shall relieve an of these regulations shall apply to waivers of In computing length of service in connec- employing office of any obligation it may physical requirements in determining an em- tion with a reduction in force, the employing have pursuant to the Americans with Dis- ployee’s qualifications for retention under office shall provide credit to preference eligi- abilities Act of 1990 (42 U.S.C. § 12101 et seq.) section 1.114 of these regulations. ble covered employees as follows: as applied by section 102(a)(3) of the CAA, 2 H&S Regs: (e) Reduction in force is any (a) a preference eligible covered employee U.S.C. § 1302(a)(3). termination of a covered employee’s employ- who is not a retired member of a uniformed SEC. 1.115. TRANSFER OF FUNCTIONS. ment or the reduction in pay and/or position service is entitled to credit for the total (a) When a function is transferred from one grade of a covered employee for more than 30 length of time in active service in the armed employing office to another employing of- days and that may be required for budgetary forces; fice, each covered employee in the affected

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.026 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1404 CONGRESSIONAL RECORD — SENATE March 8, 2011 position classifications or job classifications erence determinations regarding other cov- SEC. 1.119. INFORMATION REGARDING VET- in the function that is to be transferred shall ered employees in the person’s position or ERANS’ PREFERENCE DETERMINA- be transferred to the receiving employing of- job classification. The date of final disposi- TIONS IN APPOINTMENTS. fice for employment in a covered position for tion of the charge or the action means the Upon written request by an applicant for a which he/she is qualified before the receiving latest of the date of expiration of the statu- covered position, the employing office shall employing office may make an appointment tory period within which the aggrieved per- promptly provide a written explanation of from another source to that position. son may file a complaint with the Office or the manner in which veterans’ preference (b) When one employing office is replaced in a U.S. District Court or, where an action was applied in the employing office’s ap- by another employing office, each covered is brought against an employing office by pointment decision regarding that applicant. employee in the affected position classifica- the aggrieved person, the date on which such Such explanation shall include at a min- tions or job classifications in the employing litigation is terminated. imum: (a) the employing office’s veterans’ pref- office to be replaced shall be transferred to SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- the replacing employing office for employ- erence policy or a summary description of ERENCE POLICIES TO APPLICANTS the employing office’s veterans’ preference ment in a covered position for which he/she FOR COVERED POSITIONS. policy as it relates to appointments to cov- is qualified before the replacing employing (a) An employing office shall state in any office may make an appointment from an- ered positions; and announcements and advertisements it makes (b) a statement as to whether the applicant other source to that position. concerning vacancies in covered positions is preference eligible and, if not, a brief Subpart E—Adoption of Veterans’ preference that the staffing action is governed by the statement of the reasons for the employing policies, recordkeeping & informational re- VEOA. office’s determination that the applicant is quirements (b) An employing office shall invite appli- not preference eligible. Sec. cants for a covered position to identify SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- 1.116 Adoption of veterans’ preference policy. themselves as veterans’ preference eligible ERENCE POLICIES TO COVERED EM- 1.117 Preservation of records made or kept. applicants, provided that in doing so: PLOYEES. 1.118 Dissemination of veterans’ preference (1) the employing office shall state clearly (a) If an employing office that employs one policies to applicants for cov- on any written application or questionnaire or more covered employees provides any ered positions. used for this purpose or make clear orally, if written guidance to such employees con- 1.119 Information regarding veterans’ pref- a written application or questionnaire is not cerning employee rights generally or reduc- erence determinations in ap- used, that the requested information is in- tions in force more specifically, such as in a pointments. tended for use solely in connection with the written employee policy, manual or hand- 1.120 Dissemination of veterans’ preference employing office’s obligations and efforts to book, such guidance must include informa- policies to covered employees. provide veterans’ preference to preference el- tion concerning veterans’ preference under 1.121 Written notice prior to a reduction in igible applicants in accordance with the the VEOA, as set forth in subsection (b) of force. VEOA; this regulation. SEC. 1.116. ADOPTION OF VETERANS’ PREF- (2) the employing office shall state clearly (b) Written guidance described in sub- ERENCE POLICY. that disabled veteran status is requested on section (a) above shall include, at a min- No later than 120 calendar days following a voluntary basis, that it will be kept con- imum: (1) the VEOA definition of ‘‘preference eli- Congressional approval of this regulation, fidential in accordance with the Americans gible’’ as set forth in 5 U.S.C. § 2108 or any su- each employing office that employs one or with Disabilities Act of 1990 (42 U.S.C. § 12101 perseding legislation, providing the actual, more covered employees or that seeks appli- et seq.) as applied by section 102(a)(3) of the current definition along with the statutory cants for a covered position shall adopt its CAA, 2 U.S.C. § 1302(a)(3), that refusal to pro- citation; and written policy specifying how it has inte- vide it will not subject the individual to any (2) the employing office’s veterans’ pref- grated the veterans’ preference requirements adverse treatment except the possibility of erence policy or a summary description of of the Veterans Employment Opportunities an adverse determination regarding the indi- the employing office’s veterans’ preference Act of 1998 and these regulations into its em- vidual’s status as a preference eligible appli- policy as it relates to reductions in force, in- ployment and retention processes. Each such cant as a disabled veteran under the VEOA, cluding the procedures the employing office employing office will make its policies avail- and that any information obtained in accord- shall take to identify preference eligible em- able to applicants for appointment to a cov- ance with this section concerning the med- ered position and to covered employees in ployees. ical condition or history of an individual will (3) the employing office may provide other accordance with these regulations. The act be collected, maintained and used only in ac- of adopting a veterans’ preference policy information in its guidance regarding its cordance with the Americans with Disabil- veterans’ preference policies and practices, shall not relieve any employing office of any ities Act of 1990 (42 U.S.C. § 12101 et seq.) as other responsibility or requirement of the but is not required to do so by these regula- applied by section 102(a)(3) of the CAA, 2 tions. Veterans Employment Opportunities Act of U.S.C. § 1302(a)(3); and 1998 or these regulations. An employing of- (c) Employing offices are also expected to (3) the employing office shall state clearly fice may amend or replace its veterans’ pref- answer questions from covered employees that applicants may request information erence policies as it deems necessary or ap- that are relevant and non-confidential con- about the employing office’s veterans’ pref- propriate, so long as the resulting policies cerning the employing office’s veterans’ preference policies as they relate to appoint- are consistent with the VEOA and these reg- erence policies and practices. ments to covered positions, and shall de- ulations. SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- scribe the employing office’s procedures for TION IN FORCE. SEC. 1.117. PRESERVATION OF RECORDS MADE making such requests. OR KEPT. (a) Except as provided under subsection (c), (c) Upon written request by an applicant An employing office that employs one or a covered employee may not be released due for a covered position, an employing office more covered employees or that seeks appli- to a reduction in force, unless the covered shall provide the following information in cants for a covered position shall maintain employee and the covered employee’s exclu- writing: any records relating to the application of its sive representative for collective-bargaining veterans’ preference policy to applicants for (1) the VEOA definition of ‘‘preference eli- purposes (if any) are given written notice, in covered positions and to workforce adjust- gible’’ as set forth in 5 U.S.C. § 2108 or any su- conformance with the requirements of para- ment decisions affecting covered employees perseding legislation, providing the actual, graph (b), at least 60 days before the covered for a period of at least one year from the current definition in a manner designed to be employee is so released. (b) Any notice under paragraph (a) shall in- date of the making of the record or the date understood by applicants, along with the clude— of the personnel action involved or, if later, statutory citation; and (1) the personnel action to be taken with one year from the date on which the appli- (2) the employing office’s veterans’ pref- respect to the covered employee involved; cant or covered employee is notified of the erence policy or a summary description of the employing office’s veterans’ preference (2) the effective date of the action; personnel action. Where a claim has been (3) a description of the procedures applica- policy as it relates to appointments to cov- brought under section 401 of the CAA against ble in identifying employees for release; ered positions, including any procedures the an employing office under the VEOA, the re- (4) the covered employee’s competitive employing office shall use to identify pref- spondent employing office shall preserve all area; personnel records relevant to the claim until erence eligible employees; (5) the covered employee’s eligibility for final disposition of the claim. The term ‘‘per- (3) the employing office may provide other veterans’ preference in retention and how sonnel records relevant to the claim’’, for ex- information to applicants regarding its vet- that preference eligibility was determined; ample, would include records relating to the erans’ preference policies and practices, but (6) the retention status and preference eli- veterans’ preference determination regard- is not required to do so by these regulations. gibility of the other employees in the af- ing the person bringing the claim and (d) Employing offices are also expected to fected position classifications or job classi- records relating to any veterans’ preference answer questions from applicants for covered fications within the covered employee’s com- determinations regarding other applicants positions that are relevant and non-confiden- petitive area, by providing: for the covered position the person sought, tial concerning the employing office’s vet- (A) a list of all covered employee(s) in the or records relating to the veterans’ pref- erans’ preference policies and practices. covered employee’s position classification or

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.026 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1405 job classification and competitive area who mittee on Banking, Housing, and Treasury, transmitting, pursuant to law, the will be retained by the employing office, Urban Affairs: report of a rule entitled ‘‘Tax-Free Exchange identifying those employees by job title only of Life Insurance Contract that is Expected and stating whether each such employee is To the Congress of the United States: from the Pro Rata Interest Disallowance preference eligible, and Section 202(d) of the National Emer- Rule’’ (Announcement 2011–9) received in the (B) a list of all covered employee(s) in the gencies Act (50 U.S.C. 1622(d)) provides Office of the President of the Senate on covered employee’s position classification or for the automatic termination of a na- March 4, 2011; to the Committee on Finance. job classification and competitive area who tional emergency unless, prior to the EC–834. A communication from the Chief of the Publications and Regulations Branch, In- will not be retained by the employing office, anniversary date of its declaration, the identifying those employees by job title only ternal Revenue Service, Department of the and stating whether each such employee is President publishes in the Federal Reg- Treasury, transmitting, pursuant to law, the preference eligible; and ister and transmits to the Congress a report of a rule entitled ‘‘Update of Weighted (7) a description of any appeal or other notice stating that the emergency is to Average Interest Rates, Yield Curves, and rights which may be available. continue in effect beyond the anniver- Segment Rates’’ (Notice 2011–22) received in (c) The head of the employing office may, sary date. In accordance with this pro- the Office of the President of the Senate on in writing, shorten the period of advance no- vision, I have sent the enclosed notice March 4, 2011; to the Committee on Finance. tice required under subsection (a), with re- EC–835. A communication from the Chief of to the Federal Register for publication the Publications and Regulations Branch, In- spect to a particular reduction in force, if stating that the national emergency necessary because of circumstances not rea- ternal Revenue Service, Department of the sonably foreseeable. with respect to Iran that was declared Treasury, transmitting, pursuant to law, the (d) No notice period may be shortened to on March 15, 1995, is to continue in ef- report of a rule entitled ‘‘Exclusion of Cer- less than 30 days under this subsection. fect beyond March 15, 2011. tain Intercompany Income or Gain Items from Gross Income’’ (RIN1545–BH20) received f The crisis between the United States and Iran resulting from the actions and in the Office of the President of the Senate ADDITIONAL STATEMENTS policies of the Government of Iran has on March 4, 2011; to the Committee on Fi- nance. not been resolved. The actions and EC–836. A communication from the Chief of policies of the Government of Iran are the Publications and Regulations Branch, In- TRIBUTE TO TAMIKA JORDAN contrary to the interests of the United ternal Revenue Service, Department of the ∑ Mr. BOOZMAN. Mr. President, today States in the region and continue to Treasury, transmitting, pursuant to law, the I pay tribute to an outstanding Arkan- pose an unusual and extraordinary report of a rule entitled ‘‘Appeals Settle- sas educator, Tamika Jordan. threat to the national security, foreign ment Guidelines: Exclusions of Income— A curriculum technology specialist policy, and economy of the United I.R.C. Sec. 118—State and Local Location States. For these reasons, I have deter- Tax Incentive’’ (UIL: 61.00–00, 164.00–00 and at Avondale Elementary School in 118.01–02) received in the Office of the Presi- West Memphis, Tamika is a recipient mined that it is necessary to continue dent of the Senate on March 4, 2011; to the of the 2010 Milken Educator Award. the national emergency declared with Committee on Finance. This prestigious award is the Na- respect to Iran and maintain in force EC–837. A communication from the Chief of tion’s preeminent teacher recognition comprehensive sanctions against Iran the Publications and Regulations Branch, In- program that has honored 2,500 teach- to respond to this threat. ternal Revenue Service, Department of the ers, principals and specialists with in- BARACK OBAMA. Treasury, transmitting, pursuant to law, the dividual $25,000 awards. Selection of THE WHITE HOUSE, March 8, 2011. report of a rule entitled ‘‘Appeals Settle- ment Guidelines: Exclusions of Income— this award is based on several criteria f Non-Corporate Entities and Contributions to including exceptional educational tal- EXECUTIVE AND OTHER Capital’’ (UIL 118.01–02) received in the Office ent as evidenced by outstanding in- COMMUNICATIONS of the President of the Senate on March 4, structional practices in the classroom, 2011; to the Committee on Finance. school and professional and policy The following communications were EC–838. A communication from the Assist- leadership, and an engaging and inspir- laid before the Senate, together with ant Legal Adviser for Treaty Affairs, Depart- ing presence that motivates and im- accompanying papers, reports, and doc- ment of State, transmitting, pursuant to the uments, and were referred as indicated: Case-Zablocki Act, 1 U.S.C. 112b, as amended, pacts students, colleagues and the com- the report of the texts and background state- munity. Tamika surpasses these stand- EC–829. A communication from the Prin- ments of international agreements, other ards. Her outstanding contributions cipal Under Secretary of Defense (Acquisi- than treaties (List 2011–0022–2011–0027); to the and commitment to education have tion, Technology, and Logistics), transmit- Committee on Foreign Relations. been noticed by her students, their par- ting, pursuant to law, a report entitled ‘‘Na- EC–839. A communication from the Deputy ents as well as her colleagues. tional Defense Stockpile Annual Materials Assistant Administrator, Bureau for Legisla- Plan for Fiscal Year 2011 and for the Suc- Tamika’s passion for educating not tive and Public Affairs, U.S. Agency for ceeding 4 Years’’; to the Committee on International Development (USAID), trans- only helps students, but also inspires Armed Services. mitting, pursuant to law, the Agency’s re- those who work with her to do their EC–830. A communication from the Assist- sponse to the GAO report entitled ‘‘Afghani- best to encourage further development ant Secretary, Office of Energy Efficiency stan Development: U.S. Efforts to Support in the classroom. This truly is a major and Renewable Energy, Department of En- Afghan Water Sector Increasing, but Im- accomplishment in her career and ergy, transmitting, pursuant to law, a report provements Needed in Planning and Coordi- something of which to be very proud. relative to the Department’s Alternative nation’’; to the Committee on Foreign Rela- I would like to offer my appreciation Fuel Vehicle program for fiscal year 2010; to tions. the Committee on Energy and Natural Re- for Tamika Jordan’s determination and EC–840. A communication from the Deputy sources. Assistant Administrator, Bureau for Legisla- devotion to provide a quality edu- EC–831. A communication from the Direc- tive and Public Affairs, U.S. Agency for cational experience for students as we tor, Office of Surface Mining, Department of International Development (USAID), trans- continue to shape the eager young the Interior, transmitting, pursuant to law, mitting, pursuant to law, the Agency’s re- minds of West Memphis and work to the report of a rule entitled ‘‘Kentucky Reg- sponse to the GAO report entitled ‘‘Displaced keep America globally competitive.∑ ulatory Program’’ (Docket No. KY–252–FOR) Iraqis: Integrated International Strategy received in the Office of the President of the Needed to Reintegrate Iraq’s Internally Dis- f Senate on March 4, 2011; to the Committee placed and Returning Refugees’’; to the Com- REPORT OF THE CONTINUATION on Energy and Natural Resources. mittee on Foreign Relations. OF THE NATIONAL EMERGENCY EC–832. A communication from the Chief of EC–841. A communication from the Deputy the Publications and Regulations Branch, In- Assistant Administrator, Bureau for Legisla- WITH RESPECT TO IRAN THAT ternal Revenue Service, Department of the tive and Public Affairs, U.S. Agency for WAS DECLARED IN EXECUTIVE Treasury, transmitting, pursuant to law, the International Development (USAID), trans- ORDER 12957 ON MARCH 15, 1995— report of a rule entitled ‘‘Replacement of mitting, pursuant to law, the Agency’s re- PM 7 Schedule SSA with From 8955–SSA’’ (An- sponse to the GAO report entitled ‘‘Informa- The PRESIDING OFFICER laid be- nouncement 2011–21) received in the Office of tion Security: Federal Agencies Have Taken the President of the Senate on March 4, 2011; Steps to Secure Wireless Networks, but Fur- fore the Senate the following message to the Committee on Finance. ther Actions Can Mitigate Risk’’; to the from the President of the United EC–833. A communication from the Chief of Committee on Foreign Relations. States, together with an accompanying the Publications and Regulations Branch, In- EC–842. A communication from the Chair- report which was referred to the Com- ternal Revenue Service, Department of the man of the Nuclear Regulatory Commission,

VerDate Mar 15 2010 04:04 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.026 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1406 CONGRESSIONAL RECORD — SENATE March 8, 2011 transmitting, pursuant to law, the Commis- to provide for the general welfare of the tique fuels, and for other purposes; to the sion’s Annual Report of the Administration United States and to establish a uniform Committee on Environment and Public of the Government in the Sunshine Act for rule of naturalization under article I, section Works. Calendar Year 2010; to the Committee on 8, of the Constitution; to the Committee on By Mr. BINGAMAN (for himself, Ms. Homeland Security and Governmental Af- Homeland Security and Governmental Af- MURKOWSKI, Mr. UDALL of Colorado, fairs. fairs. Mr. PRYOR, and Ms. LANDRIEU): EC–843. A communication from the Direc- By Mr. DEMINT (for himself, Mr. S. 512. A bill to amend the Energy Policy tor, Administrative Office of the United COBURN, Mr. HATCH, Mr. LEE, Mr. Act of 2005 to require the Secretary of En- States Courts, transmitting, pursuant to PAUL, Mr. TOOMEY, Mr. VITTER, and ergy to carry out programs to develop and law, an annual report on crime victims’ Mr. RISCH): demonstrate 2 small modular nuclear reactor rights; to the Committee on the Judiciary. S. 504. A bill to preserve and protect the designs, and for other purposes; to the Com- EC–844. A communication from the Direc- free choice of individual employees to form, mittee on Energy and Natural Resources. tor, Administrative Office of the United join, or assist labor organizations, or to re- By Mrs. FEINSTEIN (for herself and States Courts, transmitting, pursuant to frain from such activities; to the Committee Mr. GRASSLEY): law, a report entitled ‘‘Second Report of the on Health, Education, Labor, and Pensions. S. 513. A bill to amend the Controlled Sub- Judicial Conference of the United States on By Ms. COLLINS (for herself and Mr. stances Act to provide enhanced penalties the Adequacy of Privacy Rules Prescribed LIEBERMAN): for marketing controlled substances to mi- S. 505. A bill to amend the Homeland Secu- Under the E-Government Act of 2002’’; to the nors; to the Committee on the Judiciary. rity Act of 2002 to provide immunity for re- Committee on the Judiciary. By Mr. WYDEN (for himself, Mr. ports of suspected terrorist activity or sus- EC–845. A communication from the Sec- picious behavior and response; to the Com- LIEBERMAN, Ms. COLLINS, and Mr. retary, Bureau of Trade Analysis, Federal mittee on the Judiciary. AKAKA): Maritime Commission, transmitting, pursu- S. 514. A bill to amend chapter 21 of title 5, By Mr. CASEY (for himself, Mr. KIRK, ant to law, the report of a rule entitled United States Code, to provide that fathers Mr. KERRY, Mr. BROWN of Ohio, Mr. ‘‘Non-Vessel-Operating Common Carrier Ne- of permanently disabled or deceased veterans DURBIN, Mr. LAUTENBERG, Ms. gotiated Rate Arrangements’’ (RIN3072-AC38) shall be included with mothers of such vet- KLOBUCHAR, Mr. SANDERS, Mrs. MUR- received in the Office of the President of the erans as preference eligibles for treatment in RAY, Mr. MERKLEY, Mr. WYDEN, Mrs. Senate on March 4, 2011; to the Committee the civil service; to the Committee on Home- FEINSTEIN, Mr. WHITEHOUSE, Mrs. on Commerce, Science, and Transportation. land Security and Governmental Affairs. BOXER, Mrs. GILLIBRAND, Mr. SCHU- EC–846. A communication from the Chief, By Mr. TESTER: MER, Mr. CARDIN, Mr. BLUMENTHAL, Satellite Bureau, Federal Communications S. 515. A bill to rescind amounts made and Ms. MIKULSKI): Commission, transmitting, pursuant to law, S. 506. A bill to amend the Elementary and available for water treatment improvements the report of a rule entitled ‘‘Second Order Secondary Education Act of 1965 to address for the Flathead County Water and Sewer on Reconsideration, ‘In the Matter of Telesat and take action to prevent bullying and har- District and make the amounts available for Canada Petitions for Reconsideration; The assment of students; to the Committee on Federal deficit reduction; to the Committee Establishment of Policies and Service Rules Health, Education, Labor, and Pensions. on Appropriations. for the Broadcasting-Satellite Service at the By Mr. ROCKEFELLER: f 17.3–17.7 GHz Frequency Band and at the 17.7– S. 507. A bill to provide for increased Fed- 17.8 GHz Frequency Band Internationally eral oversight of prescription opioid treat- SUBMISSION OF CONCURRENT AND . . .’ ’’ (FCC 10–188) received in the Office of ment and assistance to States in reducing SENATE RESOLUTIONS the President of the Senate on March 4, 2011; opioid abuse, diversion, and deaths; to the to the Committee on Commerce, Science, Committee on Health, Education, Labor, and The following concurrent resolutions and Transportation. Pensions. and Senate resolutions were read, and EC–847. A communication from the Chief of By Mr. BENNET (for himself and Mr. referred (or acted upon), as indicated: Staff, Media Bureau, Federal Communica- UDALL of Colorado): By Mr. WICKER (for himself, Mr. tions Commission, transmitting, pursuant to S. 508. A bill to establish the Chimney COATS, Mr. JOHANNS, Mr. ISAKSON, law, the report of a rule entitled ‘‘Amend- Rock National Monument in the State of Mr. THUNE, Mr. PORTMAN, Mr. ment of Section 73.202(b), Table of Allot- Colorado; to the Committee on Energy and BARRASSO, Mr. CORNYN, Mr. INHOFE, ments, FM Broadcast Stations (Kualapuu, Natural Resources. Mr. ENZI, Mr. BROWN of Massachu- Hawaii)’’ (MB Docket No. 09–189) received in By Mr. UDALL of Colorado (for him- setts, Mr. CHAMBLISS, Mr. CORKER, the Office of the President of the Senate on self, Ms. SNOWE, Mr. SCHUMER, Mrs. and Mr. MANCHIN): March 4, 2011; to the Committee on Com- BOXER, Mr. BROWN of Ohio, Ms. COL- S. Res. 94. A resolution to express the sense merce, Science, and Transportation. LINS, Mr. FRANKEN, Mrs. GILLIBRAND, of the Senate in support of reducing its budg- EC–848. A communication from the Chief of Mr. LEAHY, Mr. LIEBERMAN, Mr. NEL- et by at least 5 percent; to the Committee on Staff, Media Bureau, Federal Communica- SON of Florida, Mr. REED, Mr. Rules and Administration. tions Commission, transmitting, pursuant to WHITEHOUSE, and Mr. WYDEN): By Mr. BURR: law, the report of a rule entitled ‘‘Amend- S. 509. A bill to amend the Federal Credit S. Res. 95. A resolution increasing aware- ment of Section 73.202(b), Table of Allot- Union Act, to advance the ability of credit ness of and recognizing the life-saving role of ments, FM Broadcast Stations (Willow unions to promote small business growth and ostomy care and prosthetics in the daily economic development opportunities, and for Creek, California)’’ (MB Docket No. 10–189) lives of hundreds of thousands of people in other purposes; to the Committee on Bank- received in the Office of the President of the the United States; to the Committee on ing, Housing, and Urban Affairs. Senate on March 4, 2011; to the Committee Health, Education, Labor, and Pensions. By Mr. UDALL of New Mexico (for on Commerce, Science, and Transportation. himself, Mr. CORKER, Mr. BROWN of f f Ohio, Mr. BEGICH, Ms. KLOBUCHAR, ADDITIONAL COSPONSORS INTRODUCTION OF BILLS AND Mr. WHITEHOUSE, Mr. FRANKEN, Mr. ROCKEFELLER, and Mr. SCHUMER): S. 146 JOINT RESOLUTIONS S. 510. A bill to prevent drunk driving inju- At the request of Mr. BAUCUS, the The following bills and joint resolu- ries and fatalities, and for other purposes; to name of the Senator from New York the Committee on Commerce, Science, and tions were introduced, read the first (Mrs. GILLIBRAND) was added as a co- and second times by unanimous con- Transportation. By Mr. BLUNT (for himself, Mr. KIRK, sponsor of S. 146, a bill to amend the sent, and referred as indicated: Mr. WICKER, Mr. CORKER, Mr. Internal Revenue Code of 1986 to extend By Mr. THUNE: COBURN, Mr. LEE, Mr. SESSIONS, Mr. the work opportunity credit to certain S. 501. A bill to establish pilot projects MCCONNELL, Mr. THUNE, Mr. CORNYN, recently discharged veterans. under the Medicare program to provide in- Mr. HATCH, Mr. ENSIGN, Mr. DEMINT, S. 325 centives for home health agencies to utilize Mr. TOOMEY, Mr. KYL, Mr. MCCAIN, URRAY home monitoring and communications tech- Mr. ALEXANDER, Mr. HOEVEN, Mr. At the request of Mrs. M , the nologies; to the Committee on Finance. JOHNSON of Wisconsin, Mr. COATS, name of the Senator from New York By Mr. BROWN of Ohio: Mr. BOOZMAN, Mr. CHAMBLISS, Mr. (Mrs. GILLIBRAND) was added as a co- S. 502. A bill for the relief of Maha Dakar; RUBIO, Mr. ISAKSON, Mr. JOHANNS, sponsor of S. 325, a bill to amend title to the Committee on the Judiciary. Mr. CRAPO, Mr. ROBERTS, Mr. LUGAR, 10, United States Code, to require the By Mr. INHOFE: Mr. COCHRAN, Mr. BARRASSO, Mr. provision of behavioral health services S. 503. A bill to declare English as the offi- GRASSLEY, Mr. PORTMAN, Ms. MUR- to members of the reserve components cial language of the United States, to estab- KOWSKI, Mr. RISCH, Ms. AYOTTE, Mr. of the Armed Forces necessary to meet lish a uniform English language rule for nat- BROWN of Massachusetts, Mr. SHEL- uralization, and to avoid misconstructions of BY, and Mr. BURR): pre-deployment and post-deployment the English language texts of the laws of the S. 511. A bill to amend the Clean Air Act to readiness and fitness standards, and for United States, pursuant to Congress’ powers provide for a reduction in the number of bou- other purposes.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.050 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1407 S. 398 ENSIGN) was added as a cosponsor of S. In the 2007 homeland security law, At the request of Mr. BINGAMAN, the Res. 65, a resolution expressing the Senator LIEBERMAN and I authored a names of the Senator from Washington sense of the Senate that the conviction provision to encourage people to report (Mrs. MURRAY) and the Senator from by the Government of Russia of busi- potential terrorist threats directed Delaware (Mr. COONS) were added as co- nessman Mikhail Khodorkovsky and against transportation systems. This sponsors of S. 398, a bill to amend the Platon Lebedev constitutes a politi- legislation would expand those protec- Energy Policy and Conservation Act to cally motivated case of selective arrest tions to reports of suspicious behavior improve energy efficiency of certain and prosecution that flagrantly under- in sectors other than transportation. appliances and equipment, and for mines the rule of law and independence For example, reports of suspicious ac- other purposes. of the judicial system of Russia. tivity could be equally important in S. 471 S. RES. 87 detecting terrorist plans to attack At the request of Ms. STABENOW, the ‘‘soft targets’’ like hotels, shopping At the request of Mr. JOHNSON of malls, restaurants, and religious insti- name of the Senator from Minnesota South Dakota, the name of the Senator (Mr. FRANKEN) was added as a cospon- tutions. from California (Mrs. FEINSTEIN) was In December 2008, a Federal jury con- sor of S. 471, a bill to require the Sec- added as a cosponsor of S. Res. 87, a retary of the Army to study the feasi- victed five men from New Jersey of resolution designating the year of 2012 bility of the hydrological separation of conspiring to murder American sol- as the ‘‘International Year of Coopera- the Great Lakes and Mississippi River diers at Fort Dix. According to law en- tives’’. Basins. forcement officials, the report of an AMENDMENT NO. 143 S. 474 alert store clerk, who stated that a At the request of Ms. SNOWE, the At the request of Mr. REID, the name customer had brought in a video show- names of the Senator from Florida (Mr. of the Senator from Montana (Mr. BAU- ing men firing weapons and shouting in RUBIO) and the Senator from Wyoming CUS) was added as a cosponsor of Arabic, triggered their investigation. If (Mr. BARRASSO) were added as cospon- amendment No. 143 proposed to S. 23, a not for the report of this vigilant store sors of S. 474, a bill to reform the regu- bill to amend title 35, United States clerk, law enforcement may not have latory process to ensure that small Code, to provide for patent reform. disrupted this plot against military businesses are free to compete and to f personnel at Fort Dix. Real life exam- create jobs, and for other purposes. ples like these highlight the need for STATEMENTS ON INTRODUCED S. 489 this bill. BILLS AND JOINT RESOLUTIONS That store clerk’s action likely saved At the request of Mr. REED, the name of the Senator from Vermont (Mr. By Ms. COLLINS (for herself and hundreds of lives. It reveals a core truth of the dangerous times in which SANDERS) was added as a cosponsor of Mr. LIEBERMAN): S. 489, a bill to require certain mortga- S. 505. A bill to amend the Homeland we live. Our safety depends on more gees to evaluate loans for modifica- Security Act of 2002 to provide immu- than just police officers, intelligence tions, to establish a grant program for nity for reports of suspected terrorist analysts, and soldiers. It also depends State and local government mediation activity or suspicious behavior and re- on the alertness and civic responsi- programs, and for other purposes. sponse; to the Committee on the Judi- bility of all Americans. So we must encourage citizens to be watchful and to S. 499 ciary. report suspicious activity whenever it At the request of Mr. HATCH, the Ms. COLLINS. Mr. President, I rise today to join my colleague, Senator occurs. name of the Senator from Utah (Mr. As a result of the devastating 2008 LIEBERMAN, in introducing the See LEE) was added as a cosponsor of S. 499, Mumbai terrorist attacks, Senator a bill to authorize the Secretary of the Something, Say Something Act of 2011. IEBERMAN and I convened hearings The number of thwarted and failed L Interior to facilitate the development held by the Homeland Security and attacks in the past few years and the of hydroelectric power on the Diamond Governmental Affairs Committee to Fort Hood attack, which left 13 people Fork System of the Central Utah examine lessons learned from those at- dead and wounded dozens, are sobering Project. tacks. These hearings helped bring to reminders that terrorists continue to S. 500 light the reality that terrorists might threaten our nation. We have seen, At the request of Mr. HATCH, the shift their attention from high-value, however, that an alert citizenry can be name of the Senator from Utah (Mr. high-security targets to less secure our first line of defense against ter- LEE) was added as a cosponsor of S. 500, commercial facilities, where there re- rorist attacks as evidenced by events a bill to direct the Secretary of the In- mains the potential for mass casualties terior to convey certain Federal fea- only a few weeks ago in Texas. and widespread panic. tures of the electric distribution sys- Tips from alert citizens led to an in- Many of the Committee’s witnesses tem to the South Utah Valley Electric vestigation and the eventual arrest of during these hearings endorsed the idea Service District, and for other pur- Khalid Aldawsari on a federal charge of of expanding the 2007 law beyond the poses. attempted use of a weapon of mass de- transportation sector. Indeed, NYPD S. CON. RES. 7 struction. Specifically, an alert chem- Commissioner Ray Kelly said that the At the request of Mr. BARRASSO, the ical supplier reported Aldawsari’s sus- 2007 law ‘‘made eminently good sense’’ name of the Senator from Kansas (Mr. picious attempt to purchase a toxic and recommended ‘‘that it be expanded ROBERTS) was added as a cosponsor of chemical called phenol to the FBI. [to other sectors] if at all possible.’’ S. Con. Res. 7, a concurrent resolution Shipping company personnel also noti- The threat is real, and we must en- supporting the Local Radio Freedom fied local police officers about related courage citizens to be watchful and to Act. suspicious behavior. Without these report suspicious activity whenever it S. RES. 51 calls to law enforcement, it is possible occurs. Our legal system, however, can At the request of Mr. MENENDEZ, the that a person who wrote in his diary be misused to chill the willingness of names of the Senator from California ‘‘it is time for Jihad’’ would have car- citizens to come forward and report (Mrs. BOXER), the Senator from Penn- ried out an attack or attacks on his nu- possible dangers. As widely reported by sylvania (Mr. CASEY), the Senator from merous intended targets, including the media in 2006, US Airways removed New York (Mrs. GILLIBRAND) and the dams, nuclear power plants, and former 6 Islamic clerics from a flight after Senator from Rhode Island (Mr. REED) President George W. Bush. other passengers expressed concerns were added as cosponsors of S. Res. 51, Individuals must be protected from that some of the clerics had moved out a resolution recognizing the 190th anni- frivolous lawsuits when they report, in of the their assigned seats and had re- versary of the independence of Greece good faith, suspicious behavior that quested, but were not using, seat belt and celebrating Greek and American may indicate terrorist activity. That is extenders that could possibly double as democracy. why I am again introducing legislation, weapons. In response to these concerns, S. RES. 65 along with Senator LIEBERMAN, that US Airways officials removed these in- At the request of Mr. WICKER, the will provide these important protec- dividuals from the plane so that they name of the Senator from Nevada (Mr. tions. could further investigate.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.048 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1408 CONGRESSIONAL RECORD — SENATE March 8, 2011 For voicing their reasonable fears rials for businesses, communities, and driven by a knowledge gap about how that these passengers could be rehears- citizens. As the Department’s cam- to treat serious pain in a safe and effec- ing or preparing to execute a hijacking, paign continues to grow, there will be tive manner, by misperceptions about these concerned citizens found them- a greater need for this legislation as the safety of prescription drugs, and by selves as defendants in a civil rights our citizens become better educated. the diversion of prescription drugs for lawsuit and accused of bigotry. The National Sheriffs’ Association, illicit uses. In 2009, there were nearly The existence of this lawsuit illus- the National Association of Town 4.6 million drug-related emergency de- trates how unfair it is to allow private Watch, and other national organiza- partment, ED, visits of which nearly 1⁄2, citizens to be intimidated into silence tions have endorsed this legislation. 45.1 percent, or 2.1 million, were attrib- by the threat of litigation. Would the If someone ‘‘sees something’’ sus- uted to prescription drug misuse or passengers have spoken up if they had picious, Congress should encourage him abuse, according to data from the Drug anticipated that there would be a law- or her to ‘‘say something’’ about it. Abuse Warning Network, DAWN. And, suit filed against them? Even if such This bill promotes and protects that emergency department visits involving suits fail, they can expose citizens to civic duty. I urge my colleagues to sup- misuse or abuse of pharmaceuticals heavy costs in time and legal fees. port it. nearly doubled between 2004 and 2009, The bill we introduce today would to over 1.2 million visits. provide civil immunity in American By Mr. ROCKEFELLER: This bill begins to address these courts for any person acting in good S. 507. A bill to provide for increased problems. First, with respect to the faith who reports any suspicious trans- Federal oversight of prescription knowledge gap about safe pain manage- action, activity, or occurrence related opioid treatment and assistance to ment, the bill for the first time in- to an act of terrorism. Specifically, the States in reducing opioid abuse, diver- cludes a training requirement for bill would encourage people to pass on sion, and deaths; to the Committee on health care professionals to be licensed information to federal officials with re- Health, Education, Labor, and Pen- to prescribe these powerful drugs. Cur- rently, the Controlled Substances Act sponsibility for preventing, protecting sions. requires that every person who dis- against, disrupting, or responding to a Mr. ROCKEFELLER. Mr. President, I penses or who proposes to dispense con- terrorist act, or to Federal, State, and rise today to introduce an important trolled narcotics, including methadone, local law enforcement officials, with- piece of legislation, the Prescription whether for pain management or opioid out fear of being sued for doing their Drug Abuse Prevention and Treatment treatment, obtain a registration from civic duty. Only disclosures made to Act of 2011—an important bill that is the Drug Enforcement Administration, those responsible officials would be needed to address the rapid increase in deaths and overdoses from methadone DEA. Unfortunately there is no re- protected by the legislation. quirement as a condition of receiving Once a report is received, those offi- and other opioid prescription drugs in the registration that these practi- cials would be responsible for assessing the United States. These deaths have tioners receive any education on the its reasonableness and determining hit my home state of West Virginia use of these controlled narcotics, in- whether further action is required. If particularly hard, but I know that cluding methadone. Physicians strug- they take reasonable action to miti- every State is struggling with this serious problem. gle every day with determining who gate the reported threat, they, too, has a real need for pain treatment, and In the 111th Congress, Senator CORK- would be protected from lawsuits. Just who is addicted or at risk. And yes, ER and I, along with our colleague, the as we should not discourage reporting they struggle with our failure to pro- suspicious incidents, we also should late Senator Kennedy, introduced the Methadone Treatment and Protection vide adequate treatment facilities for not discourage reasonable responses to those who are addicted. This bill will them. Act of 2009 a similar piece of legislation that stemmed from a disturbing help physicians get the information Let me be very clear that this bill they need to prescribe safely and better rise in deaths due to methadone, a syn- does not offer any protection whatso- recognize the signs of addiction in thetic opioid prescription drug that ever if an individual makes a state- their patients. ment that he or she knows to be false. had been increasingly used for pain Second, this bill addresses the knowl- No one will be able to use this protec- management. Before 1990, it was used edge gap among consumers—with a tion as cover for mischievous, vengeful, primarily to treat opioid addiction. Be- competitive grant program to states to or biased falsehoods. cause of its high efficacy and low cost, distribute culturally sensitive edu- Our laws and legal system must not methadone is frequently used for pain cational materials about proper use of intimidate people into silence or pre- management. However, if not used cor- methadone and other opioids, and how vent our officials from responding to rectly, methadone can be a powerful to prevent opioid abuse, such as terrorist threats. Protecting citizens and deadly drug because it works dif- through safe disposal of prescription who make good faith reports—and ferently than other painkillers. Metha- drugs. Preference will be given to that’s an important condition in this done stays in a person’s body for a states with a high incidence of bill—of potentially lethal activities is longer period of time than the pain re- overdoses and deaths. essential to maintaining homeland se- lief lasts so a person who does not Third, this bill creates a Controlled curity. Our bill offers protection in a know better might take far too much Substances Clinical Standards Com- measured way that discourages abuses. of the drug, possibly leading to res- mission to establish patient education Each of us has an important respon- piratory distress, cardiac arrhythmia guidelines, appropriate and safe dosing sibility in the fight against terrorism. and even death. standards for all forms of methadone It is not a fight that can be left to law Methadone prescriptions for pain and other opioids, benchmark guide- enforcement alone. The police simply management grew from about 531,000 in lines for the reduction of methadone can’t be everywhere all the time. 1998 to about 4.1 million in 2006—nearly abuse, appropriate conversion factors Whether at a hotel, a mall, or an arena, eightfold. During that time, poisoning for transition patients from one opioid homeland security and law enforce- deaths involving methadone increased to another, and guidelines for the initi- ment officials need all citizens to alert nearly sevenfold, from almost 790 in ation of methadone and other opioids them to unattended packages and be- 1999 to 5,420 in 2006. Deaths from other for pain management. A standards havior that appears out of the ordi- opioids have also skyrocketed in the commission will provide much-needed nary. last decade. And, these deaths may ac- evidence-based information to improve Along these lines, I applaud DHS Sec- tually be underreported, because there guidance for the safe and effective use retary Napolitano for establishing the is no comprehensive reporting system of these powerful and dangerous con- Department’s ‘‘If you see something, for opioid-related deaths in the United trolled substances. say something’’ campaign and the re- States. Fourth, this bill provides crucial sup- cent partnerships with various organi- Overdoses from methadone are part port to state prescription drug moni- zations including the NFL. The Depart- of a larger disturbing trend of toring programs. As of 2008, 38 states ment is taking steps to expand this ef- overdoses and deaths from prescription had enacted legislation requiring pre- fort with public education and mate- painkillers, or opioid drugs—a trend scription drug monitoring programs

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.036 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1409 and many states were able to fund By Mr. UDALL of New Mexico just that, which is why Senator CORK- these initiatives in part from grants (for himself, Mr. CORKER, Mr. ER and I are introducing the ROADS available through the Harold Rogers BROWN of Ohio, Mr. BEGICH, Ms. SAFE Act today. New safety tech- Prescription Drug Monitoring Pro- KLOBUCHAR, Mr. WHITEHOUSE, nology has already transformed the gram. A second program created in 2005 Mr. FRANKEN, Mr. ROCKE- automobile and saved countless lives. through the National All Schedules FELLER, and Mr. SCHUMER): For example, airbags and antilock Prescription Electronic Reporting Act, S. 510. A bill to prevent drunk driving brakes are now standard features in NASPER, would provide even more as- injuries and fatalities, and for other many vehicles. These safety devices sistance, and requires interoperability purposes; to the Committee on Com- are built into the car and are unobtru- between states to reduce doctor shop- merce, Science, and Transportation. sive to the driver. Such technologies ping across state lines and diversion. Mr. UDALL of New Mexico. Mr. are an important reason we have fewer Unfortunately, NASPER has only re- President, I rise to introduce the traffic fatalities today. cently been funded with $2 million in ROADS SAFE Act of 2011. I am pleased Imagine a future where vehicles the fiscal year 2009 Omnibus legislation to be joined in introducing this legisla- could detect whether a driver is drunk and $2 million in fiscal year 2010. tion by my colleague, the Senator from when he gets behind the wheel—before Here is just one example of why Tennessee, Mr. CORKER and 7 other col- he even starts his vehicle. That would NASPER funding matters: recently, leagues. mean no drunk driving crashes if it the governor of Florida announced a This legislation will encourage the were impossible for drunk drivers to budget that would not fund a planned development of new tools to fight drive. If such technology were widely prescription monitoring program in his drunk driving. It has the potential to deployed in cars, approximately 8,000 state, due to state budget difficulties. save 8,000 lives every year by ensuring lives could be saved every year. This directly affects states in Appa- that no one celebrating Fat Tuesday or I realize many may think this is a lachia because of the rampant drug St. Patrick’s Day—or at any other farfetched idea. But consider this: vehi- trafficking between the two regions. In time of the year—drives home drunk. cles today can already give driving di- fact, the road from West Virginia to Tragic drunk driving crashes often rections, thanks to GPS satellite navi- Florida is so well-travelled by drug prompt communities to more to pre- gation devices. Some cars can even traffickers and people seeking pain vent drunk driving. This was the case parallel park themselves. New Mexico medication that it has been renamed in my home State of New Mexico back and other states require convicted the ‘‘OxyContin Highway,’’ and flights in December of 1992. That is when a drunk drivers to use an ignition inter- from Huntington to Florida have been drunk driver killed a mother and her lock, a breathalyzer device they blow nicknamed ‘‘the Oxy Express.’’ It is three girls on Christmas Eve. He was into before their vehicle’s engine will crucial to finally give NASPER the speeding down the highway 90 miles an start. The success of ignition inter- funding it needs, and this legislation hour, going the wrong way down an locks for preventing repeat drunk driv- would do so, with $25 million a year to interstate highway. establish interoperable prescription ing offenses suggests a better tech- This crash helped change attitudes in drug monitoring programs within each nology could be used to prevent all my State. I was the state Attorney state. drunk driving. Finally, this bill would help solve the General back then and I went after In 2008, the National Highway Traffic data gap when it comes to opioid-re- drunk drivers. I worked to impose Safety Administration partnered with lated deaths. Right now there is no stronger penalties for repeat drunk leading automakers to explore the fea- comprehensive national database of driver offenders, a lower legal limit for sibility of in-vehicle technologies to drug-related deaths in the United intoxication, and shut down drive- prevent drunk driving. The Driver Al- States, nor is there a standard form for through liquor windows. I was success- cohol Detection System for Safety Pro- medical examiners to fill out with re- ful in these efforts, in part, due to the gram—or DADSS—is a great example gard to opioid-related deaths. Since new focus, throughout the state on of how we can leverage federal funds there is no comprehensive database of eliminating drunk driving. with private investment to improve the methadone-related deaths, the number We made progress in New Mexico on safety of our transportation system. of deaths may actually be under- drunk driving, but we have a long way The goal of DADSS is to explore the reported. In order to truly reduce the to go and it should not take yet an- feasibility, potential benefits, and pub- number of methadone-related deaths, other tragedy for us to do even more to lic policy challenges associated with quality data must be collected and prevent drunk driving. using in-vehicle technology to prevent made available. This bill would create In 2009, drunk driving killed nearly drunk driving. The recent progress of a National Opioid Death Registry to 11,000 Americans, including 114 people this cooperative effort fuels optimism track all opioid-related deaths and rein New Mexico. That is an average of 30 that such technology could be deployed lated information, and establish a people killed every day by drunk driv- within 5 to 10 years. standard form for medical examiners ing. This death toll is unacceptable. Clearly, such advanced technologies to fill out which would include infor- And it is all the more shocking when must win widespread public acceptance mation for the National Opioid Death you consider that each one of those in order to be effective. They must be Registry. deaths was preventable. moderately priced, absolutely reliable, Today we have an opportunity to The United States has made signifi- and unobtrusive to sober drivers. change the harrowing statistics and cant progress in reducing drunk driv- Some of the industry groups will stem the rising tide of deaths from ing over the years. Compared to 20 claim that this initiative is meant to methadone and other opioids by sup- years ago, our roads are much safer stop all social alcohol consumption. porting the Prescription Drug Abuse today. Yet even as the overall number They claim that you will no longer be Prevention and Treatment Act of 2011. of people killed on our highways has able to enjoy a glass of wine with din- This legislation provides a multi- declined, drunk driving still accounts ner. They are wrong. The aim is to stop faceted approach to preventing tragic for about one-third of all traffic fatali- drunk driving, not discourage respon- overdoses and deaths from methadone ties. sible social drinking. If deployed the and other opioids. This is exactly what It is even more worrisome that a technology will be set to detect drunk we need to improve the coordination of drunk driver has just a 2 percent drivers, those with a BAC of 0.08 or efforts and resources at the local, chance of being caught. In fact, one higher. state, and federal level. study found that a first-time drunk Development of this technology is I urge my colleagues to support this driving offender has, on average, driven also widely supported by the public, timely and important piece of legisla- drunk 87 times before being arrested. many of whom have a glass of wine tion. In doing so, we will be on our way Imagine, 87 times. Something must be with dinner. A recent Insurance Insti- to saving lives and reducing the need- done to prevent these drivers from get- tute for Highway Safety poll found less deaths that otherwise will con- ting on the road in the first place. that 64 percent of Americans believe tinue to cause so much suffering The good news is there are potential advanced alcohol detection technology among the people of this country. technologies out there that could do is a good idea and that it is reliable.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MR6.035 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1410 CONGRESSIONAL RECORD — SENATE March 8, 2011 So, what would the ROADS SAFE potential benefits of, and the public policy coloring them with the intent to sell Act do? This legislation would author- challenges associated with, more widespread them to minors. ize $12 million annually for the DADSS deployment of in-vehicle technology to pre- Recent media reports demonstrate program. This is not new spending. vent alcohol-impaired driving. the need for this legislation. The Santa ‘‘(2) REPORT.—The Administrator shall an- Funding for this program would come nually submit a report to the Committee on Cruz Sentinel had an article earlier from the existing, and often unspent, Commerce, Science, and Transportation of this month about someone who is plan- Seat Belt Incentive grants program. the Senate and the Committee on Energy ning to market sodas laced with THC, This is a smart investment in public and Commerce of the House of Representa- the psychoactive component in mari- safety. In addition to the human costs, tives that— juana. Some of his planned sodas in- drunk driving also has direct and indi- ‘‘(A) describes progress in carrying out the clude orange-flavored ‘‘Orange Krush’’ rect economic costs. Those include collaborative research effort; and and grape-flavored ‘‘Grape Ape’’ which damaged property, medical bills, and ‘‘(B) includes an accounting of the use of actually was the name of a children’s Federal funds obligated or expended in car- lost productivity. In economic terms, rying out that effort. cartoon character! drunk driving costs $129 billion dollars ‘‘(3) APPLICATION WITH OTHER LAWS.—Noth- Regrettably, this is a problem that per year. Of course, such monetary ing in this subsection may be construed to has persisted for many years, with drug costs cannot be compared to the value modify or otherwise affect any Federal, dealers trying various methods of lur- of saving 8,000 lives every year. State, or local government law (civil or ing kids to try many dangerous drugs. Several organizations dedicated to criminal), with respect to the operation of a For example, in March of 2008, Drug fighting drunk driving already support motor vehicle. Enforcement Administration, DEA, this bipartisan proposal. Mothers ‘‘(4) FUNDING.— agents seized cocaine near Modesto, Against Drunk Driving, the Century ‘‘(A) IN GENERAL.—Notwithstanding any California, that had been flavored like other provision of law, $12,000,000 of any Council, and the Distilled Spirits Coun- amounts made available to the Secretary cinnamon, coconut, lemon and straw- cil all have signed on in support of the under section 406 for each of the fiscal years berry. ROADS SAFE Act. 2012 through 2016 shall be made available to Similarly, there have been many in- I urge my Senate colleagues to join carry out this subsection in place of any cidents involving methamphetamine. me, Senator CORKER, and these impor- other amounts that are otherwise available In a 2007 article entitled Flavored Meth tant organizations in the fight against to carry out this section. Use on the Rise, USA Today stated drunk driving. We urge you to support ‘‘(B) LIMITATION.—No amount of funding that ‘‘reports of candy-flavored meth- the ROADS SAFE Act. We have made shall be made available under this paragraph amphetamine are emerging around the for any fiscal year in which no funds are much progress in our efforts to prevent made available to carry out any program au- nation, stirring concern among police drunk driving, but there is so much thorized under section 406.’’; and and abuse prevention experts that drug more to be done. (3) in subsection (j), as redesignated— dealers are marketing the drug to Mr. President, I ask unanimous con- (A) by redesignating paragraph (3) as para- younger people.’’ sent that the text of the bill be printed graph (7); The size and sophistication of some in the RECORD. (B) by redesignating paragraph (2) as para- of these operations is particularly There being no objection, the text of graph (3); alarming. In March of 2006, DEA dis- the bill was ordered to be printed in (C) by redesignating paragraphs (4) and (5) covered large-scale marijuana cultiva- as paragraphs (5) and (4), respectively; tion and production facilities in the RECORD, as follows: (D) by inserting after paragraph (1) the fol- S. 510 lowing: Emeryville and Oakland, California. SECTION 1. SHORT TITLE. ‘‘(2) ALCOHOL-IMPAIRED DRIVING.—The term Thousands of marijuana plants, and This Act may be cited as the ‘‘Research of ‘alcohol-impaired driving’ means operation thousands of marijuana-related soda, Alcohol Detection Systems for Stopping Al- of a motor vehicle (as defined in section candy, and other products were seized cohol-related Fatalities Everywhere Act of 30102(a)(6) of title 49) by an individual whose from the drug dealers’ facilities. The 2011’’ or the ‘‘ROADS SAFE Act of 2011’’. blood alcohol content is at or above the legal products were designed and packaged SEC. 2. FINDINGS. limit.’’; and to look like legitimate products, in- Congress finds the following: (E) by inserting after paragraph (5), as re- cluding an item called ‘‘Munchy Way’’ designated, the following: (1) Alcohol-impaired driving fatalities rep- candy bars. 1 ‘‘(6) LEGAL LIMIT.—The term ‘legal limit’ resent approximately ⁄3 of all highway fa- Current law already provides an en- talities in the United States in a given year. means a blood alcohol concentration of 0.08 (2) In 2009, there were 10,839 alcohol-im- percent or greater (as specified by chapter hanced penalty if someone distributes paired driving fatalities. 163 of this title) or such other percentage drugs to a minor. Under this provision, (3) An estimated 9,000 road traffic deaths limitation as may be established by applica- the maximum sentence for the under- could be prevented every year if alcohol de- ble Federal, State, or local law.’’. lying distribution offense is doubled, tection technologies were more widely used and tripled if it is a repeat offense. to prevent alcohol-impaired drivers from op- By Mrs. FEINSTEIN (for herself Similarly, this bill would provide an erating their vehicles. and Mr. GRASSLEY): enhanced penalty in those situations (4) The National Highway Traffic Safety S. 513. A bill to amend the Controlled where drug dealers are altering con- Administration has partnered with auto- Substances Act to provide enhanced trolled substances in ways that could mobile manufacturers to develop alcohol de- penalties for marketing controlled sub- make them more appealing to minors. tection technologies that could be installed stances to minors; to the Committee in vehicles to prevent drunk driving. Someone who is altering a controlled (5) Alcohol detection technologies will not on the Judiciary. substance in ways prohibited by the be widely accepted by the public unless they Mrs. FEINSTEIN. Mr. President, I legislation would be subject to a pen- are moderately priced, absolutely reliable, am pleased to introduce, along with alty of up to ten years, in addition to and set at a level that would not prevent a Senator GRASSLEY, the Saving Kids the penalty for the underlying offense. driver whose blood alcohol content is less From Dangerous Drugs Act of 2011. If someone commits a second offense than the legal limit from operating a vehi- For years, law enforcement has seen prohibited by the act, they would be cle. drug dealers flavoring and marketing face an additional penalty of up to 20 SEC. 3. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH. their illegal drugs to entice minors, years. Section 410 of title 23, United States Code, using techniques like combining drugs This bill sends a strong and clear is amended— with chocolate and fruit flavors, and message to drug dealers—if you flavor (1) by redesignating subsections (h) and (i) even packaging them to look like ac- or candy up your drugs to try to entice as subsections (i) and (j), respectively; tual candy and soda. This bill would our children, there will be a very heavy (2) by inserting after subsection (g) the fol- address this serious and dangerous price to pay. It will help stop drug lowing: problem by providing stronger pen- dealers from engaging in these activi- ‘‘(h) DRIVER ALCOHOL DETECTION SYSTEM.— alties when drug dealers alter con- ties, and punish them appropriately if ‘‘(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Adminis- trolled substances by combining them they don’t. tration shall carry out a collaborative re- with beverages or candy products, mar- The Senate passed a similar version search effort under chapter 301 of title 49 to keting or packaging them to resemble of this legislation in the last Congress, continue to explore the feasibility and the legitimate products, or flavoring or but it was not considered in the House.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.054 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1411 I urge my colleagues to join me in This bipartisan legislation—which bars. These drug busts further illus- supporting this bill. has previously passed the Senate with trate the fact that drug dealers will Mr. President, I ask unanimous con- unanimous consent—comes in response stop at nothing to hook a new genera- sent that the text of the bill be printed to ongoing warnings issued by the Drug tion on these deadly substances. in the RECORD. Enforcement Administration, DEA, Currently, Federal law enhances the There being no objection, the text of and the White House’s Office of Na- criminal penalties that apply when a the bill was ordered to be printed in tional Drug Control Policy, ONDCP, person sells drugs to anyone under the the RECORD, as follows: about highly addictive and dangerous age of 21. When this occurs, the Federal S. 513 drugs being colored, packaged, and fla- penalties are doubled—or tripled for a Be it enacted by the Senate and House of Rep- vored in ways that appear to be de- repeat offense—and a mandatory min- resentatives of the United States of America in signed to attract use by children. As imum of at least 1 year must also Congress assembled, ranking member of the Committee on apply. However, this penalty applies SECTION 1. SHORT TITLE. the Judiciary and cochairman of the only to someone who actually sells This Act may be cited as the ‘‘Saving Kids Senate Drug Caucus, I can tell you From Dangerous Drugs Act of 2011’’. drugs to someone under 21. that the most at-risk population for SEC. 2. OFFENSES INVOLVING CONTROLLED SUB- The Saving Kids from Dangerous STANCES MARKETED TO MINORS. drug abuse is our young people. Sadly, Drugs Act would increase the prison Section 401 of the Controlled Substances recent youth surveys are indicating sentence to anyone who knowingly or Act (21 U.S.C. 841) is amended by adding at youth drug use is increasing. Research intentionally manufactures or creates the end the following: has shown time and again that if you with the intent to distribute a con- ‘‘(h) OFFENSES INVOLVING CONTROLLED SUB- can keep a child drug free until they trolled substance that has been fla- STANCES MARKETED TO MINORS.— turn 20, chances are very slim that ‘‘(1) UNLAWFUL ACTS.—Except as authorized vored, colored, packaged or otherwise under this title, including paragraph (3), it they will ever try or become addicted altered in a way that is designed to shall be unlawful for any person at least 18 to drugs. Unfortunately, unscrupulous make it more appealing to a person years of age to knowingly or intentionally drug dealers are all too aware of statis- under 18 years of age. The DEA busts manufacture or create, with intent to manu- tics like these and have developed new are prime examples of why we need this facture, create, distribute, or dispense, a techniques and marketing gimmicks to bipartisan bill to keep drug dealers controlled substance listed in schedule I or II lure in younger users. As a parent and from peddling their poison to our chil- that is— grandparent, this is extremely trou- ‘‘(A) combined with a beverage or candy dren. bling. The fight against deadly drugs is an product; Drug dealers are now flavoring and ‘‘(B) marketed or packaged to appear simi- ongoing struggle. In light of the fact lar to a beverage or candy product; or disguising drugs to make them appear that youth drug use is increasing we ‘‘(C) modified by flavoring or coloring the and taste like candy. For instance, must do all we can to protect the most controlled substance with the intent to dis- some drugs that have been recovered vulnerable among us. We must send a tribute, dispense, or sell the controlled sub- by the DEA and local law enforcement clear message to those wishing to prey stance to a person under 18 years of age. have been flavored to taste like straw- on our youth that you risk serious pris- ‘‘(2) PENALTIES.—Except as provided in sec- berry and are known on the street as tion 418, 419, or 420, any person who violates on time when you target our future. ‘‘Strawberry Quick.’’ Other flavors, Although this bill was passed out of paragraph (1) of this subsection shall be sub- such as lemon, coconut, cinnamon and ject to— the Senate unanimously in 2010, the ‘‘(A) an additional term of imprisonment of chocolate are clearly being used to House never passed the bill in the 111th not to exceed 10 years for a first offense in- make highly addictive drugs like meth Congress. I ask that my colleagues join volving the same controlled substance and and cocaine seem less harmful and us again in support of this important schedule; and more appealing. Soft drinks are also legislation and pass the Saving Kids ‘‘(B) an additional term of imprisonment of being laced with THC, the active ingre- from Dangerous Drugs Act, and I en- not to exceed 20 years for a second or subse- dient in marijuana, and marketed with courage the House of Representatives quent offense involving the same controlled names like ‘‘Canna Cola’’ and ‘‘Doc to take up this important bill and help substance and schedule. Weed.’’ Law enforcement has also re- ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not remove these dangerous candy flavored apply to any controlled substance that— covered drugs that have unique designs drugs from our communities. ‘‘(A) has been approved by the Secretary which could be appealing to children. under section 505 of the Federal Food, Drug, For example, Ecstasy pills imprinted By Mr. WYDEN (for himself, Mr. and Cosmetic Act (21 U.S.C. 355), if the con- with President Obama’s likeness or LIEBERMAN, Ms. COLLINS, and tents, marketing, and packaging of the con- with images of popular cartoon char- Mr. AKAKA) trolled substance have not been altered from acters have been seized in raids. These S. 514. A bill to amend chapter 21 of the form approved by the Secretary; or flavored and disguised drugs are also title 5, United States Code, to provide ‘‘(B) has been altered at the direction of a being marketed in smaller amounts, that fathers of permanently disabled or practitioner who is acting for a legitimate medical purpose in the usual course of pro- making it cheaper and more accessible deceased veterans shall be included fessional practice.’’. to children. According to an article in with mothers of such veterans as pref- SEC. 3. SENTENCING GUIDELINES. USA Today, at least 8 States have re- erence eligibles for treatment in the Pursuant to its authority under section 994 ported instances involving candy fla- civil service; to the Committee on of title 28, United States Code, and in accord- vored drugs, and many law enforce- Homeland Security and Governmental ance with this section, the United States ment officials are expecting these Affairs. Sentencing Commission shall review its deadly substances to infiltrate their Mr. WYDEN. Mr. President, the sac- guidelines and policy statements to ensure States in the near future. rifices of military families all too often that the guidelines provide an appropriate The DEA has made an effort to stop additional penalty increase to the sentence go unrecognized. For every one of the otherwise applicable in Part D of the Guide- these practices. For example, the DEA 186,000 troops currently deployed in lines Manual if the defendant was convicted arrested three men in an undercover Iraq and Afghanistan, there is a family of a violation of section 401(h) of the Con- operation in California where candy that patiently waits for their trolled Substances act, as added by section 2 flavored cocaine was being distributed. servicemember’s safe return. There are of this Act. The DEA seized at least four different countless wives and husbands, sepa- Mr. GRASSLEY. Mr. President, I am flavors of cocaine along with other rated by a deployment, who celebrate pleased to join my colleague, Senator dangerous substances. The estimated anniversaries over email and deployed FEINSTEIN, in cosponsoring the Saving street value of the flavored cocaine parents who see their children age in Kids from Dangerous Drugs Act of 2011. seized in this operation was $272,400. photographs. None of these military I believe we have an ongoing moral ob- The DEA also arrested 12 people in con- families ask for recognition, but their ligation to ensure our young people nection to a marijuana-laced candy and sacrifices deserve our respect. have every opportunity to grow up soft drink operation in 2006. The mari- I am pleased by the President and without being accosted by drug pushers juana-laced candy that was seized in First Lady’s recent efforts to recognize at every turn, whether on TV, in the this operation was packaged to look the challenges facing military families. movies, or on the way to school. like well known brand name candy Their leadership on this issue will help

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.058 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE S1412 CONGRESSIONAL RECORD — SENATE March 8, 2011 ensure that all agencies and depart- period named by paragraph (1)(A) of this sec- SENATE RESOLUTION 95—INCREAS- ments of the Federal Government will tion, if— ING AWARENESS OF AND RECOG- lend a hand to servicemembers, vet- ‘‘(i) the spouse of that parent is totally and NIZING THE LIFE-SAVING ROLE erans, and their families. permanently disabled; or OF OSTOMY CARE AND PROS- Our Nation asks a lot of military ‘‘(ii) that parent, when preference is THETICS IN THE DAILY LIVES claimed, is unmarried or, if married, legally families. Military families must pro- OF HUNDREDS OF THOUSANDS separated from his or her spouse; vide support in innumerable ways dur- ‘‘(G) the parent of a service-connected per- OF PEOPLE IN THE UNITED ing a deployment. From child care, to manently and totally disabled veteran, if— STATES paying bills, dealing with legal issues ‘‘(i) the spouse of that parent is totally and Mr. BURR submitted the following and household repairs, military fami- permanently disabled; or resolution; which was referred to the lies work together to deal with the ab- ‘‘(ii) that parent, when preference is Committee on Health, Education, sence of the servicemember. Should a claimed, is unmarried or, if married, legally Labor, and Pensions: servicemember return home wounded separated from his or her spouse; and’’. S. RES. 95 or weakened by the tolls of war, we ask SEC. 3. EFFECTIVE DATE. Whereas over 700,000 individuals in the military families to help take care of United States, from young children to senior their son or daughter, husband or wife. The amendment made by this Act shall take effect 90 days after the date of enact- citizens, have an ostomy, a surgical proce- We hope and pray that all those who dure that creates an artificial opening from ment of this Act. are sent to war will return safely to the abdomen to the intestines or urinary the arms of their loved ones. However, system to allow for the elimination of bodily we know that this is not always the f wastes; case. Since the wars in Iraq and Af- Whereas active duty military personnel ghanistan began, there have been far SUBMITTED RESOLUTIONS who are wounded in battle often receive an ostomy as a result of penetrating colorectal too many funerals of talented and pa- injuries; triotic Oregonians who have died in Whereas an ostomy procedure can be essen- service to their country. tial to many patients who suffer on a daily Although nothing the Government SENATE RESOLUTION 94—TO EX- basis from serious, chronic, or life-threat- can do will ever make up for the loss of PRESS THE SENSE OF THE SEN- ening traumatic injury to the abdomen, or a loved one, we do extend certain bene- ATE IN SUPPORT OF REDUCING other illnesses and conditions, such as fits to the parents of those who are ITS BUDGET BY AT LEAST 5 colorectal or bladder cancer, Crohn’s disease, killed in war. Today, along with Sen- PERCENT ulcerative colitis, birth defects, or other intestinal or urinary medical conditions; ators LIEBERMAN, COLLINS, AKAKA, I am Mr. WICKER (for himself, Mr. COATS, Whereas following ostomy surgery, pa- introducing the Gold Star Fathers Act tients may need specially-fitted medical to update one of those benefits; the Mr. JOHANNS, Mr. ISAKSON, Mr. THUNE, products to manage intestinal or urinary preferences for Federal hiring to ensure Mr. PORTMAN, Mr. BARRASSO, Mr. system function, temporarily or perma- that the parents of fallen CORNYN, Mr. INHOFE, Mr. ENZI, Mr. nently restore intestinal or urinary system servicemembers have no barriers to BROWN of Massachusetts, Mr. function, or re-establish activities of daily living, and improve quality of life; Federal service. CHAMBLISS, Mr. CORKER, and Mr. Whereas ostomy products are prosthetic The Office of Personnel Management MANCHIN) submitted the following reso- currently allows unmarried mothers of devices prescribed by health care providers, lution; which was referred to the Com- and ostomy products are prosthetic devices, fallen soldiers to claim a 10-point vet- mittee on Rules and Administration: as defined in section 1861(s)(8) of the Social erans’ preference when applying for Security Act (42 U.S.C. 1395x(s)(8)); Federal jobs. The Gold Star Fathers S. RES. 94 Whereas policy and reimbursement ap- Act would simply extend this pref- Whereas, the current level Federal spend- proaches to ostomy products may affect ac- erence to unmarried fathers of fallen ing is unsustainable and action to reverse cess for patients in need; soldiers. This legislation will expand this course should not be delayed; Whereas ostomy products are customized opportunities for Gold Star families to Whereas, in 2010 Federal spending was to the clinical needs of individual patients bring their dedication, compassion, and nearly 24 percent of the value of all the and are not the same as other easily inter- goods and services produced in the United changeable medical supplies, such as gauze patriotism to the Federal Government. or bandages; It is my hope that this legislation can States; Whereas, the Federal deficit was over $1 Whereas ostomy care and prosthetics can be passed quickly. trillion in fiscal year 2010; be important to restoring function and im- These Gold Star Mothers and Gold Whereas, Federal spending is at its highest proving quality of life for patients in need of this care; Star Fathers have sacrificed more than percentage since World War II; Whereas ongoing advances and innovation we as a country can ever hope to repay. Whereas, the Congressional Budget Office in ostomy prosthetics technology can dra- All we can ever hope to do is to ensure estimates if the United States maintains its that these sacrifices are never made in matically improve the lives of individuals current track of Federal spending, the Fed- who undergo ostomy surgery by helping to vain. eral debt would reach 90 percent of the value normalize the intestinal or urinary system Mr. President, I ask unanimous con- of all the goods and services produced in the function of such individuals, improve phys- sent that the text of the bill be printed United States by 2020; ical well-being, and often enable the indi- in the RECORD. Whereas, the national debt exceeds $13.9 vidual to rejoin the workforce; and There being no objection, the text of trillion dollars; Whereas Congress recognizes the impor- the bill was ordered to be printed in Whereas, the United States borrows $44,000 tance of encouraging and facilitating the de- for every person in the country; the RECORD, as follows: velopment and use of new medical tech- Whereas, the unemployment rate was 9.8 nologies: Now, therefore, be it S. 514 percent in December; Resolved, That the Senate— Be it enacted by the Senate and House of Rep- Whereas, the American people have re- (1) recognizes the life-saving role of resentatives of the United States of America in sponded to the economic downturn by mak- ostomy care and prosthetics in the daily Congress assembled, ing hard choices and trimming their family lives of hundreds of thousands of people in SECTION 1. SHORT TITLE. budgets; the United States; This Act may be cited as the ‘‘Gold Star Whereas, spending in the legislative branch (2) recognizes that if a surgical procedure Fathers Act of 2011’’. rose nearly 50 percent over the last 10 years; results in a patient needing a prosthetic that SEC. 2. PREFERENCE ELIGIBLE TREATMENT FOR and manages or restores intestinal or urinary FATHERS OF CERTAIN PERMA- Whereas, in order to address the nation’s system function, specifically the control of NENTLY DISABLED OR DECEASED fiscal crisis, the Senate should lead by exam- the elimination of the body’s waste products, VETERANS. ple and reduce its own legislative budget: it is important for such patient to have ac- Section 2108(3) of title 5, United States Now, therefore, be it cess to the care that will best meet the pa- Code, is amended by striking subparagraphs tient’s needs; and (F) and (G) and inserting the following: Resolved, That it is the sense of the Senate (3) encourages innovation of, and access to, ‘‘(F) the parent of an individual who lost that it should lead by example and reduce medical devices that restore or improve in- his or her life under honorable conditions the budget of the Senate by at least 5 per- testinal or urinary system function of people while serving in the armed forces during a cent. in the United States with an ostomy.

VerDate Mar 15 2010 02:47 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MR6.061 S08MRPT1 sroberts on DSKG8SOYB1PROD with SENATE March 8, 2011 CONGRESSIONAL RECORD — SENATE S1413 AMENDMENTS SUBMITTED AND by invitation only. However, those COMMITTEE ON VETERANS’ AFFAIRS PROPOSED wishing to submit written testimony Mr. REID. Mr. President, I ask unan- SA 158. Mr. NELSON of Nebraska sub- for the hearing record may do so by imous consent that the Committee on mitted an amendment intended to be pro- sending it to the Committee on Energy Veterans’ Affairs be authorized to meet posed by him to the bill H.R. 1, making ap- and Natural Resources, United States during the session of the Senate on propriations for the Department of Defense Senate, Washington, DC 20510–6150, or March 8, 2011. The Committee will and the other departments and agencies of by e-mail to Abi- meet in room 345 of the Cannon House the Government for the fiscal year ending [email protected]. Office Building beginning at 9:30 a.m. September 30, 2011, and for other purposes; For further information, please con- The PRESIDING OFFICER. Without which was ordered to lie on the table. tact Mike Carr at (202) 224–8164 or Abi- objection, it is so ordered. f gail Campbell at (202) 224–1219. SELECT COMMITTEE ON INTELLIGENCE TEXT OF AMENDMENTS f Mr. REID. Mr. President, I ask unan- SA 158. Mr. NELSON of Nebraska AUTHORITY FOR COMMITTEES TO imous consent that the Select Com- submitted an amendment intended to MEET mittee on Intelligence be authorized to be proposed by him to the bill H.R. 1, meet during the session of the Senate COMMITTEE ON ARMED SERVICES making appropriations for the Depart- on March 8, 2011, at 2:30 p.m. ment of Defense and the other depart- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without ments and agencies of the Government imous consent that the Committee on objection, it is so ordered. Armed Services be authorized to meet for the fiscal year ending September 30, SUBCOMMITTEE ON OCEANS, ATMOSPHERE, during the session of the Senate on 2011, and for other purposes; which was FISHERIES, AND COAST GUARD ordered to lie on the table; as follows: March 8, 2011, at 9:45 a.m. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that the Subcommittee On page l, between lines l and l, insert objection, it is so ordered. the following: on Oceans, Atmosphere, Fisheries, and SEC. lll. SENSE OF THE SENATE. COMMITTEE ON BANKING, HOUSING, AND URBAN Coast Guard of the Committee on Com- AFFAIRS (a) FINDINGS.—The Senate finds that— merce, Science, and Transportation be (1) the debt of the United States exceeds Mr. REID. Mr. President, I ask unan- authorized to meet during the session $14,000,000,000,000; imous consent that the Committee on of the Senate on March 8, 2011, at 10:30 (2) it is important for Congress to use all Banking, Housing, and Urban Affairs a.m., in room 253 of the Russell Senate tools at its disposal to address the national be authorized to meet during the ses- Office Building. debt crisis; sion of the Senate on March 8, 2011, at (3) Congress will not earmark funds for The PRESIDING OFFICER. Without 10 a.m. objection, it is so ordered. projects requested by Members of Congress; The PRESIDING OFFICER. Without and SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT (4) the earmark ban should be utilized to objection, it is so ordered. MANAGEMENT, THE FEDERAL WORKFORCE, realize actual savings. COMMITTEE ON COMMERCE, SCIENCE, AND AND THE DISTRICT OF COLUMBIA (b) SENSE OF THE SENATE.—It is the sense TRANSPORTATION Mr. REID. Mr. President, I ask unan- of the Senate that Congress should reduce Mr. REID. Mr. President, I ask unanimous consent that the Committee on spending by the amount resulting from the imous consent that the Committee on Homeland Security and Governmental recently announced earmark moratorium. Commerce, Science, and Transpor- Affairs Subcommittee on Oversight of f tation be authorized to meet during Government Management, the Federal NOTICES OF HEARINGS the session of the Senate on March 8, Workforce, and the District of Colum- 2011, at 2:30 p.m., in room 253 of the COMMITTEE ON ENERGY AND NATURAL bia be authorized to meet during the Russell Senate Office Building. RESOURCES session of the Senate on March 8, 2011, Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without at 10 a.m., to conduct a hearing enti- would like to announce for the infor- objection, it is so ordered. tled ‘‘State Department Training: In- mation of the Senate and the public COMMITTEE ON ENERGY AND NATURAL vesting in the Workforce to Address 21 that a classified meeting has been RESOURCES Century Challenges.’’ scheduled before the Senate Committee Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without on Energy and Natural Resources. The imous consent that the Committee on objection, it is so ordered. meeting will be held on Tuesday, Energy and Natural Resources be au- Mr. BENNET. Mr. President, I ask March 15, 2011, at 10 a.m., in room SVC– thorized to meet during the session of unanimous consent that the order for 217, U.S. Capitol Building in Wash- the Senate on March 8, 2011, at 10 a.m., the quorum call be rescinded. ington, DC. in room 366 of the Dirksen Senate Of- The PRESIDING OFFICER (Mr. The purpose of the meeting will be to fice Building. UDALL of Colorado). Without objection, receive information regarding cyber se- The PRESIDING OFFICER. Without it is so ordered. curity and critical electric infrastruc- objection, it is so ordered. f COMMITTEE ON FINANCE ture. ORDERS FOR WEDNESDAY, For further information, please con- Mr. REID. Mr. President, I ask unan- tact Kevin Huyler at (202) 224–6689 or imous consent that the Committee on MARCH 9, 2011 Meagan Gins at (202) 224–0883. Finance be authorized to meet during Mr. BENNET. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL the session of the Senate on March 8, unanimous consent that when the Sen- RESOURCES 2011, at 10 a.m., in 215 Dirksen Senate ate completes its business today, it ad- Mr. BINGAMAN. Mr. President, I Office Building, to conduct a hearing journ until 9:30 a.m., on Wednesday, would like to announce for the infor- entitled ‘‘Does the Tax System Support March 9; that following the prayer and mation of the Senate and the public Economic Efficiency, Job Creation and pledge, the Journal of proceedings be that a hearing has been scheduled be- Broad-Based Economic Growth?’’ approved to date, the morning hour be fore the Senate Committee on Energy The PRESIDING OFFICER. Without deemed expired, the time for the two and Natural Resources. The hearing objection, it is so ordered. leaders be reserved for their use later will be held on Thursday, March 17, COMMITTEE ON HOMELAND SECURITY AND in the day; that following any leader 2011, at 9:30 a.m., in room SD–366 of the GOVERNMENTAL AFFAIRS remarks, there be a period of morning Dirksen Senate Office Building. Mr. REID. Mr. President, I ask unan- business until 10:40 a.m., with Senators The purpose of this hearing is to ex- imous consent that the Committee on permitted to speak therein for up to 10 amine current global investment Homeland Security and Governmental minutes each, with the time equally di- trends in clean energy technologies and Affairs be authorized to meet during vided and controlled between the two the impact of domestic policies on that the session of the Senate on March 8, leaders or their designees, with the ma- investment. 2011, at 2:30 p.m. jority controlling the first half and the Because of the limited time available The PRESIDING OFFICER. Without Republicans controlling the final half; for the hearing, witnesses may testify objection, it is so ordered. that at 10:40 a.m., the Senate recess

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HONORING RICH KOSSUTH economic opportunity throughout the region Political Officer in Tunis, from 1965 to 1968 as and the state. the Deputy Chief of Mission and Charge d’Af- HON. LOU BARLETTA Each year, the Mid-Maine Chamber recog- faires in Togo and as the Country Director for OF PENNSYLVANIA nizes some of the outstanding businesses and East African Affairs from 1961 to 1969. individuals that make Maine ‘‘the way life IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, as United States Ambassador, should be’’ for all Mainers and Maine busi- Tuesday, March 8, 2011 nesses. These individuals and businesses are Terrence Todman served in Chad from 1969 to 1972, in Guinea from 1972 to 1975, in Mr. BARLETTA. Mr. Speaker, today I rise to committed to strengthening opportunity and honor and acknowledge Mr. Rich Kossuth, this prosperity in Maine. Costa Rica from 1957 to 1971, in Spain from year’s Sunday Dispatch 2010 Person of the This year’s award recipients include Robert 1978 to 1983, in Denmark from 1983 to 1989, Year. Martin, recipient of the Distinguished Commu- and finally in Argentina from 1989 to 1993. Rich is a Greater Pittston area resident. A nity Service Award; Fortin’s Home Furniture, Although retired since 1993, Ambassador co-owner of Rock Street Music, the drummer Business of the Year; Bill Mitchell of GHM In- Todman has remained active serving on cor- in Pittston’s local band Flaxy Morgan, and part surance, Business Person of the Year; Bar- porate and community boards from Argentina of the rock duo CNR, Rich has grown up bara Haynes, recipient of the Elias A. Joseph to the U.S. Virgin Islands. I recall that during working in Pittston’s music scene. He started award; David Holden of Bangor Savings Bank, one of Haiti’s many crises and during the out as an employee of local music businesses Outstanding Professional of the Year; the Aristide presidency, he was called back into Maine Children’s Home for Little Wanderers, and eventually formed Rock Street Music with service to share his expertise and experience his mother and brothers. Through these affili- Community Service Project of the Year; Mat- as a special advisor to the Organization of ations, Rich has unselfishly donated his time thew Clark of Weeks & Hutchins, LLC and American states. His recent focus has been and efforts to various facets of our community. Sarah Sugden, of the Waterville Public Li- Mr. Kossuth founded 12/24, a Christmas brary, both recipients of the ‘‘Rising Star’’ on establishing joint ventures between U.S. holiday seasonal band dedicated to raising Award; and Valley Distributors’ Flint Collier, re- and foreign companies with special emphasis funds for autism research. In 2010, he volun- cipient of the Customer Service Stardom on transportation and the environment. He is teered his talents, time, and equipment to over Award. one of the Directors of the American Academy 40 benefits for causes ranging from supporting These nine recipients are among the best on Diplomacy, the Association for Diplomatic local recreational groups to helping local he- that Maine has to offer. Through their leader- Studies and Training, the Constituency for Af- roes in need of assistance in their fights ship and incredible commitment to their com- rica and the Atlantic Council of the United against cancer. Rich has dedicated himself to munities and the region, Maine is a better States. He is a Fellow of the National Acad- improving the lives of our children, making ap- place to live and do business. emy of Public Administration and a member of pearances as Santa Claus and the Easter Mr. Speaker, please join me in congratu- its International Panel and many other organi- Bunny at local events, as well as serving as lating the Mid-Maine Chamber of Commerce zations in the diplomatic field. and these individuals on their outstanding an assistant scout manager. He serves on the board of Syracuse Univer- service and achievement. Mr. Kossuth never asks for anything in re- sity, the Duke University Provost Advisory turn. In fact, when Rich was informed he’d be f Council and the Advisory Board of the African receiving the Person of the Year Award, he Studies Program at Georgetown University. promptly named others he felt deserving of HONORING AMBASSADOR TERENCE recognition before finally graciously accepting A. TODMAN Ambassador Todman has received the the acknowledgement of all he has done to Presidential Distinguished Service Award, the serve the Greater Pittston area. HON. DONNA M. CHRISTENSEN National Public Service Award, the Depart- Mr. Speaker, Rich Kossuth is a compas- OF VIRGIN ISLANDS ment of State’s Superior Service Honor Award sionate, generous humanitarian who truly IN THE HOUSE OF REPRESENTATIVES and the Secretary of State’s Distinguished cares about our community and his fellow citi- Tuesday, March 8, 2011 Service Award. He has been decorated by the zens. His kindness has touched the lives of governments of Argentina, Denmark, Spain, countless people. We could never thank Mr. Mrs. CHRISTENSEN. Mr. Speaker, I rise to Chad and the U.S. Virgin Islands. In 1997, he Kossuth enough for the service he provides pay tribute to an outstanding leader from my received the U.S. Department of State’s Direc- and the spirit he instills in the Greater Pittston congressional district in the U.S. Virgin Is- tor General’s Cup. area. He is truly an inspiring individual. Mr. lands, the Honorable Terence A. Todman, a Speaker, today, I ask my colleagues to join Career Ambassador who served our country Mr. Speaker, as an ambassador me in congratulating Mr. Kossuth and recog- across the globe for almost 50 years. extraordinaire who is credited with guiding our nizing his being named the Sunday Dispatch’s On Saturday, March 12, 2011, my commu- country through some difficult relationships 2010 Person of the Year. nity will honor Career Ambassador Todman on and challenges, Ambassador Todman paved f the occasion of his 85th birthday. A native the way for other people of color to excel at son, he began his distinguished career with and eventually lead the U.S. State Depart- HONORING THE HONOREES OF THE service in the U.S. Army from 1945 to 1949, ment. He is a trailblazer, and has opened MID-MAINE CHAMBER OF COM- including a tour as a Commissioned Officer in many doors for young people who aspire to MERCE AWARDS Japan. He went on to diplomatic service as a his level of excellence and dedication to coun- Desk Officer for India-Ceylon-Nepal Affairs in try. 1952 and as a U.S. Government Intern on the HON. MICHAEL H. MICHAUD Mr. Speaker, on behalf of the people of the United Nations Secretariat in 1954. From 1954 OF MAINE U.S. Virgin Islands, I wish Ambassador IN THE HOUSE OF REPRESENTATIVES to 1957, he served as an Advisor to U.S. Del- egations to the United Nations General As- Todman a very happy 85th birthday and I ex- Tuesday, March 8, 2011 sembly and U.S. Representative on various tend my best wishes to his wife Doris and Mr. MICHAUD. Mr. Speaker, I rise today to Trusteeship Council committees. He ended their 4 children, Terence, Patricia, Kathryn and recognize the Honorees of the 2011 Mid- the decade of the 1950s as a Political Officer Michael and his wider circle of family and Maine Chamber of Commerce Annual Awards in New Delhi from 1957 to 1959. friends. May God continue to bless him with Dinner. The Mid-Maine Chamber of Com- Career Ambassador Todman, who is fluent good health and long life and on behalf of the merce serves the people and business com- in many languages, served as the Arabic Lan- Congress of the United States, thank him for munity of the greater Waterville area, working guage and Area Specialist in Beirut from 1960 his long, dedicated and distinguished service with the business community to strengthen to 1961. From 1961 to 1964, he served as the to our country.

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

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.001 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS E428 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2011 HONORING FERNANDO ‘‘CHITO’’ ments, and commitment of the late Fernando of pharmacists and promote access to these SALINAS ‘‘Chito’’ Salinas. medication experts throughout our health care f delivery system. Nearly all Americans live within five miles of HON. HENRY CUELLAR HONORING NICOLLE AMOS OF TEXAS a community pharmacy, making pharmacists IN THE HOUSE OF REPRESENTATIVES one of our most accessible health care pro- HON. TOM LATHAM vider groups. As my colleagues know, one of Tuesday, March 8, 2011 OF IOWA the most important functions of local phar- Mr. CUELLAR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES macies is to assist individuals in the commu- recognize the late Fernando ‘‘Chito’’ Salinas nities where they operate with their health for his dedication and contributions to the City Tuesday, March 8, 2011 care needs. While the convenient, safe and ef- of Laredo and South Texas. Mr. LATHAM. Mr. Speaker, I rise today to ficient dispensing of prescription medicines is Mr. Salinas was born in 1924 in Laredo, recognize the achievement of Nicolle Amos, a a core function of the modern neighborhood Texas. ‘‘Chito’’, as he was known by friends, nurse practitioner in Mason City, Iowa. Nicolle pharmacy—and one they take very seriously— attended Christen Junior High School and was recently named the Iowa Nurse Practi- pharmacies do much more that positively im- later graduated from Martin High School in tioner of the Year by the American Academy pacts the lives of their customers and patients. 1942. After he graduated, he attended Texas of Nurse Practitioners (AANP). Today’s pharmacies offer a variety of preven- A&M University in College Station, Texas. He Established in 1985, the AANP was the first tive health care services including immuniza- transferred to Tulane University in New Orle- national organization to organize and advocate tions and vaccinations, health screening serv- ans, Louisiana where he pursued a medical for issues affecting nurse practitioners. It cur- ices, disease management services and rou- career. However, he found that his true calling rently serves eleven different regions and rep- tine advice on the best and most effective was in fashion and retail. After moving back to resents over 135,000 nurse practitioners in the over-the-counter products for patients’ specific Laredo, he helped his father run the family re- United States. In addition to promoting edu- needs. Americans trust their neighborhood tail business, Los Dos Laredos. In 1952, Mr. cation and research, the AANP advocates at pharmacies to provide these services, which is Salinas opened his own store, Don Antonio’s all levels of government to shape various one reason pharmacists have ranked in the Men’s Wear. After a brief trip to Europe in the health policies and to recognize ‘‘NPs as pro- top three each of the past eight years in 1960s, Mr. Salinas added the Castilian room viders of high-quality, cost-effective, and per- Gallup’s annual survey of integrity across all to Don Antonio’s that would specialize in high- sonalized healthcare.’’ The AANP gives the professions. end styles and hats. He was known both lo- Nurse Practitioner of the Year Award to a As the face of neighborhood health care, cally and internationally for the quality of nurse practitioner in each state who dem- pharmacies across the nation offer these and clothes, but especially for the unique hats that onstrates excellence in their area of practice. other cost-saving programs and services to his store carried. Mr. Salinas would travel reg- Nicolle has a degree as a family nurse prac- help patients take medicines they need to ularly around the world to fashion hot spots, titioner as well as a master’s degree in nurs- achieve positive results from appropriate use such as New York, Los Angeles, and Europe, ing. She worked for seven years as a reg- of their medications. to bring high-end fashion back to southern istered nurse before becoming a nurse practi- Today, I celebrate the value of pharmacy Texas. tioner. In November 2005, Nicolle opened her and support efforts to protect access to neigh- Aside from his impact on the fashion indus- own practice, North Iowa Family Health Care. borhood pharmacies and utilize pharmacies to try in Laredo, Mr. Salinas started the Fer- Although initially staffed only by herself, improve the quality and reduce the costs of nando A. Salinas Charitable Trust in 2005 to Nicolle now employs three other individuals— health care. benefit Laredo and Webb County. This Trust a receptionist, a medical assistant and a li- f was designed to provide funding to charitable censed practical nurse. She sees an average CONGRATULATING THE STRAITS programs around Laredo and has made dona- of 13–16 patients every day, and on Wednes- EXCHANGE FOUNDATION tions to over 75 different charitable organiza- days she provides health services to local jail tions and government agencies. Mr. Salinas inmates. She believes that ‘‘God gives you a had a commitment to improve his community, purpose in life,’’ and that that purpose is to HON. DAVID WU OF OREGON especially its education, religion and health meet her patients’ needs to the best of her IN THE HOUSE OF REPRESENTATIVES programs. The Trust has made it possible for ability. the youth in Laredo to go to college through I commend Nicolle on the hard work and Tuesday, March 8, 2011 the scholarship portion and also provided quality of care she is providing to her patients Mr. WU. Mr. Speaker, I rise to congratulate healthcare services to the underserved. Javier in Iowa. I know that my colleagues in the the Straits Exchange Foundation (SEF) of the B. Santos, trustee for the Salinas Trust on be- United States Congress will join me in con- Republic of China (Taiwan) as it marks its half of Fernando Salinas, will continue to pro- gratulating her for the receipt of this award. I 20th anniversary. vide services to Laredo and Webb County. wish nothing but success and happiness to Twenty years ago, the SEF was established In December of 2008, Mr. Salinas was hon- Nicolle, her husband Matt, and children Olivia as a semi-official organization with the mission ored as a ‘‘Paul Harris Fellow’’. He also and John. of negotiating with mainland Chinese authori- worked heavily with the South Texas Food f ties. Soon thereafter, China established its Bank and helped start Kids Cafes in El own Association for Relations Across the Tai- Cenizo, Rio Bravo and at the Main Boys and RECOGNIZING PHARMACY’S CON- wan Strait (ARATS). These two organizations Girls Club in Laredo. He renovated the main TRIBUTION TO THE AMERICAN have enabled officials from their respective building and set up an endowment for its HEALTH CARE SYSTEM governments to negotiate directly without af- maintenance for one million dollars. He has firming each other’s sovereign status. continued his philanthropic efforts with all or- HON. JOSEPH R. PITTS Despite the suspension of negotiations for ganizations and institutions qualifying as 501 OF PENNSYLVANIA nearly a decade, SEF–ARATS talks resumed agencies in the community and completed the IN THE HOUSE OF REPRESENTATIVES in Beijing in June 2008. The subsequent talks renovation of the Saint Anthony de Padua held in Taipei, Nanjing, Taichung, and Tuesday, March 8, 2011 Chapel at St. Augustine High School. In 2008, Chongqing resulted in several agreements de- he pledged one million dollars to Texas A&M Mr. PITTS. Mr. Speaker, today I would like signed to promote economic and social rela- International University for its College of Busi- to recognize pharmacy’s contribution to the tions between the two sides. Taiwan and ness Administration. American health care system. This week, over China established direct flights for shipping At the time of his passing, his trust had initi- 300 members of the pharmacy community— and postal services, built a framework for fi- ated his contract for Laredo property that will including practicing pharmacists, pharmacy nancial cooperation and investment, agreed to serve as an off campus site of Laredo Com- school faculty and students, state pharmacy increase tourism, and enhanced law enforce- munity College. The property, a landmark leaders and pharmacy company executives— ment coordination. home, will house special events, small classes are here on Capitol Hill for the Third Annual I congratulate Taiwan for the achievements and receptions, and allow for easier registra- National Association of Chain Drug Stores of the Straits Exchange Foundation. I look for- tion and information. RxIMPACT Day. ward to the SEF’s continued contributions in Mr. Speaker, I am honored to have had the These important health care providers are cultivating peace and prosperity across the time to recognize the dedication, accomplish- here to urge Congress to recognize the value Taiwan Strait for many years to come.

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.004 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS March 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E429 OBSTETRIC FISTULA PREVENTION, ing programs to help women who have under- IN RECOGNITION OF THE 130TH AN- TREATMENT, HOPE AND DIGNITY gone treatment return to full and productive NIVERSARY OF THE AMERICAN RESTORATION ACT lives. These essential investments create a ASSOCIATION OF UNIVERSITY multiplier effect of benefits in the lives of WOMEN AND THE 125TH ANNI- HON. CAROLYN B. MALONEY women and their communities. The legislation VERSARY OF THE NEW YORK OF NEW YORK also supports coordination among the commu- CITY BRANCH IN THE HOUSE OF REPRESENTATIVES nity working to prevent and treat obstetric fis- Tuesday, March 8, 2011 tula through the International Obstetric Fistula HON. CHARLES B. RANGEL Mrs. MALONEY. Mr. Speaker, today, along Working Group. Support for monitoring, eval- OF NEW YORK with Representatives BALDWIN, HIRONO, uation, and research to measure the effective- MOORE, and STARK, I am reintroducing com- ness and efficiency of such programs through- IN THE HOUSE OF REPRESENTATIVES prehensive legislation to both prevent new ob- out their planning and implementation phases stetric fistulas and treat existing ones. The will ensure the most efficient and effective use Tuesday, March 8, 2011 ‘‘Fistula Prevention, Treatment, Hope and Dig- of U.S. foreign assistance dollars. Mr. RANGEL. Mr. Speaker, I rise today in nity Restoration Act’’ will bring new hope and I urge my colleagues to support this impor- opportunities to finally end this preventable celebration of Women’s History Month to rec- tant, meaningful legislation. condition. On the 100th anniversary of Inter- ognize the 125th Anniversary of the American national Women’s Day, this is a fitting bill that Association of University Women New York will help millions of women achieve their max- f City Branch. Since 1881 the American Asso- ciation of University Women, AAUW, has been imum potential. HONORING CHRISTOPHER FILLYAW Pregnancy shouldn’t leave a woman with a the nation’s leading voice promoting education disability and ostracized from her community. and equity for women and girls. Through its Congress should ensure investments for the HON. MICHAEL H. MICHAUD vital nationwide network, AAUW influences more than two million women worldwide that public debate on critical social issues such as have obstetric fistula and we do what we can OF MAINE education, civil rights, and health care. to prevent new cases. Fistula results from pro- IN THE HOUSE OF REPRESENTATIVES longed labor without medical attention due to AAUW sponsors community programs; pub- the pressure created internally from obstructed Tuesday, March 8, 2011 lishes groundbreaking research on women, delivery, which kills tissue where a hole be- girls and education; provides the world’s larg- tween the woman’s vagina and rectum devel- Mr. MICHAUD. Mr. Speaker, I rise today to est source of funding exclusively for graduate ops, leaving her without control of her bladder recognize 12-year-old Christopher Fillyaw, of women; and fights sex discrimination in edu- and/or bowels for the rest of her life if she Waterville, Maine, and his participation in Civic cation. AAUW’s work extends globally through goes untreated. It often results in the death of Day 2010 at the Alfond Youth Center, in its membership in the International Federation the infant. Many women with obstetric fistula Waterville, Maine. of University Women, 72 national federations are abandoned by their husbands and families On Civic Day 2010, 8 students from Benton and associations worldwide. because they are considered ‘‘unclean’’ due to Elementary School shadowed civic leaders to leaking excrement. Left without support, the The New York City Branch was founded in women are forced to beg or turn to sex work learn about the important work that they do to 1886 and is the second oldest established to survive. serve their communities. I was very impressed Chapter in the nation. In 1949, the New York Fistula was once common throughout the with Christopher’s comments during a cere- City chapter purchased their Victorian world, but over the last century has been mony honoring our troops and would like to Italianate Brownstone headquarters at 111 eradicated in Europe and North America enter his remarks into the RECORD: East 37th Street in the historic Murray Hill dis- through medical care. For example, New I would like to start out by saying Thank trict of Manhattan. Under the leadership of York’s hospital for fistula patients, now the site You to all of our brave men and women and President Dr. Nkechi Agwu, the Association of the Waldorf Astoria Hotel, closed in 1895 their families in the military. They risk continues to carry out the mission, value state- due to diminishing cases. But still in 2011, their lives and the lives of their families and ment, vision and diversity of this great institu- from Bangladesh to Botswana, women con- fight everyday to ensure the freedoms that tion. tinue to face these challenging deliveries and we as Americans enjoy and sometimes take the complications associated with them, infor granted. If it were not for these brave In 1951, under the Presidency of Dr. Ruth cluding obstetric fistulas. men and women who serve our country so Wright, the New York City Branch began to Fortunately, multilateral organizations such well, who knows where we would be today. honor women who have contributed im- as UNFPA, the United Nations Population We really owe them so much more than mensely to the city, nation and the world. Fund, and its partners in the Campaign to End they receive, for every day is a struggle and These were women who made outstanding Fistula, as well as bilateral organizations such the hardships they have to endure while they contributions in many fields—education, the as USAID are working with partners on a glob- are in enemy’s territory away from loved arts, business, science, medicine, anthro- al campaign to prevent and treat fistula with ones and unfamiliar grounds and then here pology, law and journalism. Some notable past the goal of making the condition as rare in at home getting readjusted to fit back into ‘‘Woman of Achievement’’ honorees include sub-Saharan Africa and Asia as it is in the their own surroundings. There are no words African American trailblazing history makers United States. Being able to repair a fistula is to describe how important of a job they have life changing—and it will have a direct impact and the sacrifices they have to make to do like operatic and concert singer, Marian An- on a woman and her family if she is able to their jobs. It is really amazing. This is one of derson; American journalist and former foreign stay in her community, rather than to be the hardest and most unbearable jobs in the news correspondent, Charlayne Hunter-Gault, shunned. At this point, the global community world to risk the life of your own and the who was also one of the first Black students can do just that for about $300 for each repair. stability of your own family in hopes to save to attend the University of Georgia and grad- This bill authorizes the President to provide and secure the American way. uate; and ‘‘The Mother of Medicine in Har- assistance to prevent and treat fistula. This I hope that when I grow up I can pay a lit- lem,’’ Dr. Muriel Petioni, who founded the legislation allows for a comprehensive, three tle something back in some way to show how Susan Smith McKinney Steward Medical Soci- pronged approach of prevention, treatment much I thank them for making my life and ety for Black women physicians. and reintegration which includes: increasing my family’s life safer. This year’s theme, ‘‘She Touched Me,’’ will access to prenatal care, emergency obstetric Chris’s comments ring true and showcase salute distinguished women who have played care, postnatal care, and voluntary family the next generation’s respect for the sacrifice planning; building local capacity and improving an important role in spearheading women and made by those who keep all of us safe here national health systems; addressing underlying girl issues throughout this Nation and around at home. social and economic inequities such as reduc- the world. Please join in recognizing the 130th ing the incidence of child marriage and in- Mr. Speaker, please join me in recognizing Anniversary of the American Association of creasing access to formal and informal edu- the words of Christopher Fillyaw and his com- University Women and the 125th Anniversary cation; and supporting reintegration and train- mitment to public service. of the New York City Branch Chapter.

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.007 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS E430 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2011 PERSONAL EXPLANATION entering the second decade of his life, but be- entists and attorneys, their wages still lag because it’s a miracle that he is alive. hind those of men performing the same work. HON. JIM JORDAN Joe’s job was to provide medical care for The passage of the Lilly Ledbetter Fair Pay OF OHIO Marines with Delta Company, 1st Battalion, Act moved us one step closer to equality in IN THE HOUSE OF REPRESENTATIVES 1st Marine Division in Afghanistan. On Feb- the workplace, but there is still progress to be ruary 17, 2011 he and three Marines were in made. And though it is encouraging that Tuesday, March 8, 2011 an armored vehicle in Helmand Province, crimes against women are now treated with Mr. JORDAN. Mr. Speaker, I was absent when they struck an Improvised Explosive De- the seriousness they deserve, the rate of from the House Floor during two rollcall votes vice. The IED literally blew up underneath crimes committed against women continues to taken on Thursday, March 3. Joe’s feet. The vehicle went up in the air and exceed that of those committed against men. Had I been present, I would have voted was propelled forward. Joe broke five bones in Although we must view the advances that ‘‘aye’’ on rollcalls 161 and162. his heel and suffered a concussion. One Ma- have been achieved as heartening and impor- f rine also suffered a heel injury, the other two tant strides forward, we must continue to labor were not hurt. until full equality and equal access to oppor- HONORING 8TH GRADERS AT It is absolutely miraculous that everyone tunity for women is achieved. CARLISLE MIDDLE SCHOOL survived the ambush. The vehicle was Mine In New York’s 22nd Congressional District, Resistant Ambush Protected, or MRAP. Joe’s which I proudly represent, the Dutchess Coun- HON. TOM LATHAM mother Lori Burns is convinced that it was that ty Regional Chamber of Commerce and Wom- OF IOWA technology that saved her son’s life. She re- en’s Leadership Alliance, along with their part- IN THE HOUSE OF REPRESENTATIVES calls how she first learned about the incident. ners in all of the other area Chambers, have The hospital corpsman treating Joe handed been engaged in promoting, supporting and Tuesday, March 8, 2011 him a phone and he said: ‘‘Mom, I’m ok, I encouraging the leadership, professional Mr. LATHAM. Mr. Speaker, I rise today to broke my heel, they blew me up. I got to fly growth and economic success of women recognize the achievements of the eighth- in a helo and I think I’m getting a Purple throughout the Hudson Valley region. Their grade students at Carlisle Middle School in Heart.’’ successes are clearly a shining example of Carlisle, Iowa. These students recently fin- Joe was treated in hospitals in Afghanistan, the creative accomplishments that have been ished first in the nation in the FBI’s Safe On- Germany and San Diego and received a cast realized by women worldwide. I wish to com- line Surfing (SOS) Internet Challenge in De- on his foot in each place. This young man did pliment the Chamber on the excellent leader- cember 2010. not want to leave Afghanistan; he wanted to ship in supporting women to succeed. The SOS Internet Challenge is a national continue serving his country despite his injury. Mr. Speaker, it gives me great pleasure to competition that seeks to educate elementary I want to thank Joe for his service. He rep- recognize the women of the Hudson Valley, all and middle school students about the impor- resents the courage and bravery of our troops. of the members of the Dutchess Regional tance of safety when using the internet. The Joe grew up in San Bruno, California and Chamber of Commerce, as well as women topics include protecting personal information, went to St. Roberts Elementary School. After throughout the world as they celebrate the online predators, cyberbullying, instant mes- he graduated from Burlingame High School in 100th anniversary of International Women’s saging, social networking, copyright, and June 2009, he was enlisted in the Navy in Oc- Day. I am proud to stand with them as they more. Scores in this competition are deter- tober of the same year. continue to work tirelessly toward full equality mined by a series of web-based quizzes the On January 1, 2011, Joe was deployed on for women everywhere. students take after completing the program. his first tour to Afghanistan—not exactly what f Over 1,000 eighth-grade students from 47 he expected. When you enlist in the Navy, his schools in 17 states participated in the De- mother quotes Joe as saying, you think you HONORING CASIMIR PULASKI, POL- cember SOS Internet Challenge. are going to be on water, not sand. It was on ISH-AMERICAN HERO OF THE The Carlisle Middle School eighth-grade stu- day 47 of his deployment that the IED blew up REVOLUTIONARY WAR AND HON- dents completed the SOS Internet Challenge underneath him and sent him back home. ORARY AMERICAN CITIZEN, AND under the direction of their technology instruc- Mr. Speaker, I ask this body to rise with me CELEBRATING PULASKI DAY tor Julie Thompson. While the class as a to celebrate the life and 20th birthday of Joe whole placed first in the challenge, those stu- Burns on this day, March 5, 2011. HON. DANIEL LIPINSKI dents who received the top scores were Bailey f OF ILLINOIS Garner, Kaleigh Haus, Max Becker, Lynn IN THE HOUSE OF REPRESENTATIVES CELEBRATING INTERNATIONAL Huang, and Josh Hagedorn. These five stu- Tuesday, March 8, 2011 dents were awarded FBI bags that included WOMEN’S DAY school supplies and certificates. Mr. LIPINSKI. Mr. Speaker, I rise today to I commend the eighth-grade students at HON. MAURICE D. HINCHEY honor the life of Polish and American freedom Carlisle Middle School for their exemplary OF NEW YORK fighter Casimir Pulaski. Yesterday in my home work in the SOS Internet Challenge. In this IN THE HOUSE OF REPRESENTATIVES state of Illinois, we celebrated Casimir Pulaski Day, which is observed on the first Monday of world of advanced technology that allows for Tuesday, March 8, 2011 increased networking, it is imperative that our March. Prior to the Pulaski Day celebration at children know how to keep themselves and Mr. HINCHEY. Mr. Speaker, I rise today to the Polish Museum of America in Chicago, I their personal information safe. pay tribute to International Women’s Day, joined with Representative MIKE QUIGLEY and I know that my colleagues in the United which recognizes and celebrates the eco- Senator MARK KIRK to announce the introduc- States Congress will join me in congratulating nomic, political, and social achievements of tion of a new bill to push for Poland’s inclusion these students on their accomplishments. It is women throughout our global community. in the Visa Waiver Program. Certainly there is an honor to serve as their representative, and Since 1911, millions of women and men have no better day than the one honoring Casimir I wish them the best of luck in the future. gathered together on this date to campaign for Pulaski to promote the strengthening of Amer- f the right of women to vote, work, hold public ica’s ties with Poland. office and be treated without discrimination. Born in Warsaw, Poland, on March 6, 1745, IN RECOGNITION OF JOE BURNS This year marks the Global Centenary of Inter- Casimir Pulaski was a skilled commander who national Women’s Day and I am proud to help fought against Russian forces in Poland. HON. JACKIE SPEIER commemorate this anniversary by recognizing Based upon his work fighting for freedom in OF CALIFORNIA the incomparable achievements that women Poland, Pulaski was recruited by Benjamin IN THE HOUSE OF REPRESENTATIVES here in the United States and throughout the Franklin to join in the American Revolution. In world have thus far achieved. his first correspondence to George Wash- Tuesday, March 8, 2011 Over the years, women have made great ington, Pulaski famously wrote, ‘‘I came here, Ms. SPEIER. Mr. Speaker, I rise to honor strides in their quest for equality and we where freedom is being defended, to serve it, Joe Burns, a U.S. Navy Hospital Corpsman should applaud these advances. However, we and to live or die for it.’’ In his first battle of from San Bruno who will celebrate his 20th must also recognize that our work is not over. the Revolution, the Battle of Brandywine on birthday on March 5, 2011. This is an extraor- While women now hold positions in the high- September 11, 1777, Pulaski helped alter the dinary birthday for Joe, not only because he is est ranks of government, work as doctors, sci- course of history by rallying a counterattack

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.010 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS March 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E431 against advancing British forces that afforded Alameda Fire Captain Scott Carnevale, a resi- the city would be chartered and would go on Washington and countless American troops dent of Mill Valley, California, died at the age to see decades of robust economic growth. the time needed to successfully retreat. As a of 42 on January 3, 2011, of occupational can- In 1918, Waldport would build its very own result, Washington promoted Pulaski to briga- cer. railroad which was used by the United States dier general of the American cavalry. Cpt. Carnevale was a proud Mill Valley na- Army to log and transport spruce for its air- His influence on American independence tive. He attended Mill Valley Middle School planes. After World War I ended, communities did not end there. Pulaski organized the Conti- and Tamalpais High School, and it was at throughout the Pacific Northwest would weath- nental Army’s first successful cavalry unit, Tam High that he first met his future wife, Eliz- er a small recession as the demand for such often using his own money to finance equip- abeth. Mill Valley is also where Cpt. Carnevale materials declined. ment for his men. He introduced modern mili- took an early interest in firefighting, volun- Prior to the last two decades, Waldport’s tary tactics to the Americans and led troops in teering with the Mill Valley Fire Department in economy was driven by logging, timber prod- numerous battles and sieges up and down the 1992. Cpt. Carnevale then attended the fire ucts, fishing, and dairy and would be home to eastern seaboard. academy in Santa Rosa and graduated the sawmills and salmon canneries. Salmon, trout, On October 9, 1779, during the Battle of Sa- following year. and surf fishing is at its best in this quaint vannah, Pulaski was struck by grapeshot while Early in his career, Cpt. Carnevale served coastal community. attempting to lead a secondary charge against as a seasonal firefighter in Marin and worked Today, Waldport is as resilient as ever and the entrenched British. He was taken aboard for the Tamalpais Fire District before finally maintains is coastal charm. When the tide the USS Wasp and died from his wounds two joining the Alameda Air Station as a full-time goes out visitors and residents alike can dig days later. On October 15, he was buried at firefighter. When the airbase closed in 1997, for clams, comb the city’s pristine beaches, sea. Today Pulaski is remembered as the fa- Cpt. Carnevale was hired by the city of Ala- and rake crabs. Waldport is a quiet city where ther of the American cavalry and one of the meda, where he was promoted to Apparatus one can escape the hustle and bustle of daily heroes of the American Revolution. Operator in 2001 and Captain of Station Two life and enjoy everything life has to offer. In 2009, on the 230th anniversary of his in 2007. Mr. Speaker, I am honored to represent the death, Congress honored Pulaski post- Cpt. Carnevale was also dedicated to his City of Waldport, Oregon and its residents. I humously as an honorary citizen of the United fellow firefighters. He served as an Executive congratulate the citizens of Waldport on their States, marking only the seventh time in Board Trustee and Shift Vice President for the centennial and I look forward to sharing in the America’s history that an individual has been International Association of Fire Fighters Local celebration. granted such an honor. Today, I ask all Ameri- 689. He was also an active member of the f cans to remember a true Polish-American Fire Labor Management Team, and he orga- hero who devoted and ultimately sacrificed his nized Alameda Fire Department’s participation RECOGNIZING THE 100TH ANNIVER- life to the pursuit of freedom. in the California Professional Firefighters Ex- SARY OF INTERNATIONAL WOM- EN’S DAY f posure Reporting Program. Cpt. Carnevale had many outside passions 30TH ANNIVERSARY OF BILLY and skills, including craftsmanship and the HON. JOHN P. SARBANES BOB’S TEXAS outdoors. He helped design and build his fam- OF MARYLAND ily’s home in Mill Valley. He also helped to re- IN THE HOUSE OF REPRESENTATIVES HON. KAY GRANGER store the fire department’s two antique fire Tuesday, March 8, 2011 OF TEXAS rigs, and he took it on himself to repaint the Mr. SARBANES. Mr. Speaker, today I rise IN THE HOUSE OF REPRESENTATIVES insignia at the front door of Station Three. Even a diagnosis of cancer could not slow him in recognition of the 100th anniversary of Tuesday, March 8, 2011 down, as he continued to enjoy spending time International Women’s Day. Created in 1911 Ms. GRANGER. Mr. Speaker, I rise today to with his family, traveling, and kayaking. to demand equality, today’s International offer my congratulations to the 30th anniver- Cpt. Carnevale is survived by his wife Eliza- Women’s Day is a reminder of all of the glass sary of Billy Bob’s Texas, which opened on beth Carnevale and his eight-year-old son. ceilings that have been broken in the past April 1, 1981 and is proud to be known as the Mr. Speaker, it is with a profound sense of century. But it is also a day to remember how World’s Largest Honky-Tonk. The building loss that we ask you to join us in honoring the far we have left to go. Nowhere is this more known as Billy Bob’s was built over a century life of Cpt. Scott Carnevale. Family and friends evident than in the maternal mortality rates in ago in 1910 as a cattle barn in Fort Worth’s remember Cpt. Carnevale as an adventurer some parts of the world. As many as one in historic Stockyards. This Fort Worth landmark who was loved and respected for his integrity, eight women die because of childbirth related has been an invaluable attraction for both selflessness, and dependability. The people of complications in some parts of Afghanistan. A local residents and visitors from around the the Bay Area remember him as a true hero. full third of women in the developing world de- world. But this iconic building does not only f liver without a skilled attendant present. And contribute to the Texas culture in Fort Worth, we lose approximately half a million women but also to the economic prosperity of the HONORING THE 100TH ANNIVER- every year in childbirth, or one woman every neighborhood and the city. It has entertained SARY OF THE CITY OF minute. more than 17 million visitors, served as a WALDPORT, OREGON Pregnancy should not be a death sentence, venue to tens of thousands of music artists in- and on this International Women’s Day I re- cluding the greatest names in country and HON. KURT SCHRADER commit to meeting the challenges laid out in classic rock, and is proud to have bucked OF OREGON the 5th Millennium Development Goal (MDG). more than 46,000 bulls in its indoor arena. IN THE HOUSE OF REPRESENTATIVES The 5th MDG states that the global community Billy Bob’s truly does preserve Fort Worth’s is committed to reducing maternal mortality Tuesday, March 8, 2011 western heritage. I want to congratulate own- rates by 75 percent by 2015; today we are ers Holt Hickman, Don Jury, Steve Murrin, and Mr. SCHRADER. Mr. Speaker, I rise today only a third of the way there, and it will take Billy and Pam Minick. to honor the City of Waldport, Oregon on the action from us all in order to succeed. We f occasion of its 100th Anniversary. Nestled know how to prevent maternal deaths. Women along Oregon’s beautiful coast line, Waldport need a skilled birth attendant present when HONORING FIRE CAPTAIN SCOTT has long been known for its pristine beaches, they deliver. They need access to life-saving CARNEVALE premier fishing, and forest products. and inexpensive medications in case some- The first settlers traveled to the town by thing goes wrong. And they need sanitary con- HON. FORTNEY PETE STARK means of the Alsea River in the late 1870’s ditions to prevent the spread of infection. One OF CALIFORNIA and named it Waldport. The name comes from organization in my district is committed to IN THE HOUSE OF REPRESENTATIVES the German word for forest ‘‘wald’’ and ‘‘port’’ making sure that every woman has access to for the town site’s location. The town had long these services when they deliver. Tuesday, March 8, 2011 been home to several Native American coastal For nearly 40 years and in more than 150 Mr. STARK. Mr. Speaker, I rise today with tribes and would come to lay upon an old In- countries, Jhpiego, an international health my colleague, Rep. LYNN WOOLSEY, to honor dian burial ground. Its founders, David and nonprofit affiliated with Johns Hopkins Univer- the memory of a man who gave his life serv- Orlena Ruble would map out the city, using sity, has worked to prevent the needless ing the people of the San Francisco Bay Area. only the evening stars as their guide. By 1890 deaths of women and families. Working with

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MR8.005 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS E432 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2011 health ministries, community organizations, Mr. Speaker, Allan and Ann Rose are not ican people. After all, many members of Con- and USAID, Jhpiego prepares local health only extraordinary individuals, but they are a gress have proposed education reforms and a care workers with the latest in maternal and remarkable couple. Their loving and kind na- great deal of time is spent debating these pro- newborn health skills, building sustainable ture has emanated throughout the community. posals. However, most of these proposals ex- local capacity that will stay on the ground long Their altruistic spirit and devotion to our com- pand federal control over education. Many after they leave. munity will never be forgotten, and is enor- proposals that claim to increase local control Together with partner organizations, Jhpiego mously appreciated. Mr. Speaker, today, I ask over education actually extend federal power helped develop the national midwifery edu- my colleagues to join me in congratulating Mr. by holding schools ‘‘accountable’’ to federal cation program in Afghanistan that has edu- and Mrs. Rose on receiving the Joseph bureaucrats and politicians. Of course, schools cated and graduated more than 2,000 skilled Saporito Lifetime of Service Award and recog- should be held accountable for their results, midwives. When the 2010 earthquake dev- nizing what an inspiring couple they have be- but they should be held accountable to par- astated Haiti, Jhpiego was on the ground to come to our community. ents and school boards not to federal officials. ensure that pregnant women had access to f Therefore, I propose we move in a different di- the care they needed. And, Jhpiego is leading rection and embrace true federalism by return- the way in finding innovative solutions for the HONORING HENRY D. MOORE ing control over the education dollar to the developing world’s most pressing medical PARISH HOUSE AND LIBRARY American people. problems—like an inexpensive way to diag- One of the major problems with centralized nose cervical cancer in places that lack elec- HON. MICHAEL H. MICHAUD control over education funding is that spending tricity and access to lab tests. OF MAINE priorities set by Washington-based Represent- I commend the work of Jhpiego and others IN THE HOUSE OF REPRESENTATIVES atives, staffers, and bureaucrats do not nec- who are working day and night to end the essarily match the needs of individual commu- Tuesday, March 8, 2011 dangers of childbirth. Childbirth is one of life’s nities. In fact, it would be a miracle if spending great moments, and together we can ensure Mr. MICHAUD. Mr. Speaker, I rise today to priorities determined by the wishes of certain that more women survive that day and live to honor the Henry D. Moore Parish House and politically powerful representatives or the theo- see the 101st anniversary of International Library as it celebrates 100 years serving the ries of Education Department functionaries Women’s Day. community of Steuben, Maine. match the priorities of every community in a f Henry D. Moore, a native of Steuben, was country as large and diverse as America. HONORING MR. AND MRS. ALLAN a philanthropist who donated the library and Block grants do not solve this problem as they AND ANN ROSE parish house for use by the people of Steu- simply allow states and localities to choose ben. Opened in 1911, the donation of the Par- the means to reach federally-determined ends. ish House and Library was monumental to the Returning control over the education dollar HON. LOU BARLETTA towns and communities in rural, downeast OF PENNSYLVANIA for tax credits for parents and for other con- Maine. Many towns in the region did not have IN THE HOUSE OF REPRESENTATIVES cerned citizens returns control over both the a library, and the new building helped provide means and ends of education policy to local Tuesday, March 8, 2011 access to new information and resources in communities. People in one community may Mr. BARLETTA. Mr. Speaker, today I rise to Washington County. use this credit to purchase computers, while honor and acknowledge Mr. and Mrs. Allan Today, the Parish House and Library serves children in another community may, at last, and Ann Rose, this year’s recipients of the Jo- as a non-profit community center, meeting have access to a quality music program be- seph Saporito Lifetime of Service Award. house and venue for classes, arts and per- cause of community leaders who took advan- Allan and Ann have not only been married formances. The Moore Library also boasts an tage of the tax credit contained in this bill. for 50 years, but they have been serving our impressive 12,000 item collection, featuring Children in some communities may benefit community for just as long. Faithful church many rare pieces of literature and other works most from the opportunity to attend private, goers, Allan and Ann have been largely active collected over the years. parochial, or other religious schools. One of in their respective parishes. Allan serves on The Parish House and Library are a central the most encouraging trends in education has the Administrative Board, which he has pre- part of Steuben and Washington County. The been the establishment of private scholarship viously chaired, of the United Methodist facility continues to serve the community, in- programs. These scholarship funds use vol- Church of Pittston and the Board of Methodist cluding the Kindergarten through Grade 8 stu- untary contributions to open the doors of qual- Homes. Ann is a member of the Pastoral Advi- dents and teachers at the Steuben Ella Lewis ity private schools to low-income children. By sory Council and Altar & Rosary Society of the School across the street. providing a tax credit for donations to these Parish Community of St. John the Evangelist Mr. Speaker, I hope that you will join me in programs, Congress can widen the edu- in Pittston. Both Allan and Ann credit their love celebrating the centennial of the Henry D. cational opportunities and increase the quality of God for their drive to serve and give back Moore Parish House and Library in Steuben, of education for all children. Furthermore, pri- to the community. Maine. vately-funded scholarships raise none of the Allan Rose, a retired administrator at Abing- f concerns of state entanglement raised by pub- ton Heights School District, is the chair of licly-funded vouchers. THE EDUCATION IMPROVEMENT Local Development for Wesley Village. He is There is no doubt that Americans will al- TAX CUT ACT treasurer and past president of the Chanters ways spend generously on education, the of Irem Temple. Allan has been involved in the question is, ‘‘who should control the education West Pittston Lions Club, the West Pittston HON. RON PAUL dollar—politicians and bureaucrats or the Ambulance Association, the West Pittston Li- OF TEXAS American people?’’ Mr. Speaker, I urge my brary Board, and the Shrine Club of Greater IN THE HOUSE OF REPRESENTATIVES colleagues to join me in placing control of edu- Wilkes-Barre, of which he is a past president. Tuesday, March 8, 2011 cation back in the hands of citizens and local Ann Rose is a member of the JLW Mountain communities by sponsoring the Education Im- Laurel Lions Club, where her duties include Mr. PAUL. Mr. Speaker, I rise to introduce provement Tax Cut Act. volunteering at the local VA Hospital once a the Education Improvement Tax Cut Act. This f month. She is also a member and the past act, a companion to my Family Education secretary of the Lithuanian Women’s Club of Freedom Act, takes a further step toward re- IN SUPPORT OF INTERNATIONAL Wyoming Valley, a volunteer with the Care turning control over education resources to pri- WOMEN’S DAY and Concern Food Pantry and Kids’ Kloset, vate citizens by providing a $5,000 tax credit and a member of the Blooms and Bubbles for donations to scholarship funds to enable HON. SAM FARR Chapter of the Red Hat Society. Together, low-income children to attend private schools. OF CALIFORNIA Allan and Ann volunteer with Meals on Wheels It also encourages private citizens to devote IN THE HOUSE OF REPRESENTATIVES of Greater Pittston and help at the annual more of their resources to helping public summer bazaar of St. John the Evangelist schools, by providing a $5,000 tax credit for Tuesday, March 8, 2011 Church and the United Methodist hoagie sale. cash or in-kind donations to public schools to Mr. FARR. Mr. Speaker, I rise today to They have always supported each other’s self- support academic or extra curricular programs. honor the 100th Anniversary of International less efforts, and have greatly enjoyed sharing I need not remind my colleagues that edu- Women’s Day. Around the world, this global their ability to give to others. cation is one of the top priorities of the Amer- milestone is marked as a time to celebrate

VerDate Mar 15 2010 02:29 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.013 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS March 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E433 women and their achievements throughout agreement in Congress around repealing this preferred polices on state and local govern- history. It is also a time to reaffirm our commit- onerous provision. Already the Senate has ments, instead of respecting the polices adopt- ment to ending discrimination and violence taken action and approved bipartisan legisla- ed by those elected by, and thus accountable against women and pursuing policies to guar- tion that would fix this problem. Nevertheless, to, the people, republican government is antee the basic rights of every woman and the House Majority has decided to poison the threatened. Article IV, section 4 of the United girl. legislation at hand with an offset containing a States Constitution guarantees each state a Over the past century, tremendous progress severe tax increase aimed squarely at middle republican form of government. Thus, Con- has been made in achieving full gender equal- income Americans. It would raise taxes on gress must act when the executive or judicial ity. Internationally, women account for 80 per- middle-income families who simply get a new branch threatens the republican governments cent of the 70 million micro-borrowers, 67 job, work extra shifts, or receive a bonus for of the individual states. Therefore, Congress countries have gender equity laws on their good performance. It is insensitive and even has a responsibility to stop federal judges from books, and women have been elected to gov- more onerous due to the fact it would place a running roughshod over state and local laws. ernment leadership roles in every country. greater burden on working families trying to The Founders would certainly have supported Here in the U.S., women continue to play an purchase health care. congressional action to reign in federal judges important role in caring for their families, but While I support repealing the overly burden- who tell citizens where they can and can’t now, more than 50% of college students are some 1099 requirements—and while I will replace manger scenes at Christmas. women and nearly 60% of the American work- luctantly vote for this legislation—I find the Mr. Speaker, even some supporters of liber- force is female. I am also extremely proud that choice that the Majority has put in front of us alized abortion laws have admitted that the today in the United States, more women than to be truly objectionable. The current offset will Supreme Court’s Roe v. Wade decision, which ever before are being elected to public office. raise taxes and will hurt Americans’ access to overturned the abortion laws of all fifty states, I was honored to serve with the first woman health care. This choice is unacceptable, and is flawed. The Supreme Court’s Establishment Speaker of the U.S. House of Representa- I look forward to working with the Senate and Clause jurisdiction has also drawn criticism tives, and the 18 women Members of Con- the Administration to ensure that this divisive from across the political spectrum. Perhaps gress from California. and unnecessary attack on middle-income more importantly, attempts to resolve, by judi- But there is still more work to be done. At Americans is taken out of the final legislation cial fiat, important issues like abortion and the this very moment, there are too many parts of and that a more suitable offset is found. expression of religious belief in the public square increase social strife and conflict. The the world where women and girls are denied f access to education, lack adequate health only way to resolve controversial social issues care, die from preventable causes, or are tar- WE THE PEOPLE like abortion and school prayer is to restore gets of sexual and physical violence. Even respect for the right of state and local govern- here, in our own country, women on average HON. RON PAUL ments to adopt polices that reflect the beliefs still earn 77 cents for every dollar earned by OF TEXAS of the citizens of those jurisdictions. I would their male counterparts. In the midst of our re- IN THE HOUSE OF REPRESENTATIVES remind my colleagues and the federal judiciary that, under our Constitutional system, there is cession, pay parity is no longer solely a ques- Tuesday, March 8, 2011 tion of gender equity; it is an issue of econo reason why the people of New York and nomic necessity. Mr. PAUL. Mr. Speaker, I rise to introduce the people of Texas should have the same Mr. Speaker, I am proud to be a cosponsor the We the People Act. The We the People policies regarding issues such as marriage of Rep. JAN SCHAKOWSKY’s International Wom- Act forbids federal courts, including the Su- and school prayer. en’s Day Resolution. And while this day is of preme Court, from adjudicating cases con- Unless Congress acts, a state’s authority to unique importance, I believe that we can and cerning state laws and polices relating to reli- define and regulate marriage may be the next must treat every day as an opportunity to fight gious liberties or ‘‘privacy,’’ including cases in- victim of activist judges. After all, such a deci- for gender equality around the world. volving sexual practices, sexual orientation or sion would simply take the Supreme Court’s reproduction. The We the People Act also pro- decision in the Lawrence case, which over- f tects the traditional definition of marriage from turned all state sodomy laws, to its logical SMALL BUSINESS PAPERWORK judicial activism by ensuring the Supreme conclusion. Congress must launch a preemp- MANDATE ELIMINATION ACT OF Court cannot abuse the equal protection tive strike against any further federal usurpa- 2011 clause to redefine marriage. In order to hold tion of the states’ authority to regulate mar- federal judges accountable for abusing their riage by removing issues concerning the defi- SPEECH OF powers, the act also provides that a judge who nition of marriage from the jurisdiction of fed- violates the act’s limitations on judicial power eral courts. HON. SANFORD D. BISHOP, JR. Although marriage is licensed and otherwise OF GEORGIA shall either be impeached by Congress or re- regulated by the states, government did not IN THE HOUSE OF REPRESENTATIVES moved by the president, according to rules established by the Congress. create the institution of marriage. Government Thursday, March 3, 2011 The United States Constitution gives Con- regulation of marriage is based on state rec- Mr. BISHOP of Georgia. Madam Speaker, I gress the authority to establish and limit the ognition of the practices and customs formu- have heard complaints from farmers and small jurisdiction of the lower federal courts and limit lated by private individuals interacting in civil business owners across the 2nd congressional the jurisdiction of the Supreme Court. The institutions, such as churches and syna- district who believe that having to file this on- Founders intended Congress to use this au- gogues. Having federal officials, whether erous 1099 form for any payment greater than thority to correct abuses of power by the fed- judges, bureaucrats, or congressmen, impose $600 is an unnecessary bureaucratic night- eral judiciary. a new definition of marriage on the people is mare that needs to be repealed. Small busi- Some may claim that an activist judiciary an act of social engineering profoundly hostile nesses are the engines that drive our nation’s that strikes down state laws at will expands in- to liberty. economy, and they should focus on creating dividual liberty. Proponents of this claim over- It is long past time that Congress exercises jobs, not filling out paperwork. Now is the time look the fact that the best guarantor of true lib- its authority to protect the republican govern- to reduce the obstacles for small business erty is decentralized political institutions, while ment of the states from out-of-control federal growth, not increase them, and repealing this the greatest threat to liberty is concentrated judges. Therefore, I urge my colleagues to co- provision would help accomplish that goal. power. This is why the Constitution carefully sponsor the We the People Act. If action is not taken, the 1099 reporting re- limits the power of the federal government f quirements set to be enacted in 2012 will bury over the states. THE K–9 COMPANION CORPS ACT our country’s farmers and small businesses In recent years, we have seen numerous OF 2011 owners in excessive paperwork. It ultimately abuses of power by federal courts. Federal will raise the cost of doing business and cre- judges regularly strike down state and local HON. MAZIE K. HIRONO ate an economic burden through increased laws on subjects such as religious liberty, sex- OF HAWAII prices for goods and services. Meanwhile, the ual orientation, family relations, education, and IN THE HOUSE OF REPRESENTATIVES IRS will be swamped in 1099 Forms while abortion. This government by federal judiciary other vital enforcement activities are not met. causes a virtual nullification of the Tenth Tuesday, March 8, 2011 It is undisputed that these requirements are Amendment’s limitations on federal power. Ms. HIRONO. Mr. Speaker, I rise today to unacceptable. There is nearly unanimous Furthermore, when federal judges impose their introduce legislation that would establish a

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MR8.007 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS E434 CONGRESSIONAL RECORD — Extensions of Remarks March 8, 2011 grant program to encourage the use of assist- ‘‘I can’t’’ have never been part of Mr. Blum’s schools, are paying greater attention to the ance dogs by members of our Armed Forces vocabulary and he uses his ostomy to set an dictates of federal ‘‘educrats’’ while ignoring and veterans. example to others that anything is possible in the wishes of the parents to an ever-greater Tens of thousands of our service members life if you set your mind to it. This drive al- degree. As such, the lack of consumer sov- and veterans are struggling to cope with phys- lowed Mr. Blum to complete 21 years of active ereignty in education is destroying parental ical or mental health disabilities. Assistance Army service before retiring with the rank of control of education and replacing it with state dogs help these men and women lead more Lieutenant Colonel and to tackle his next goal control. Loss of control is a key reason why so independent lives, assisting with mobility and of becoming a JROTC instructor. He is cur- many of America’s parents express dis- balance, retrieving and carrying objects, re- rently in his 15th year as a JROTC instructor satisfaction with the educational system. sponding to sounds, getting help, and pro- at Marlboro County High School in According to a survey conducted by Edu- viding social interaction and companionship. Bennettsville, South Carolina and in this ca- cation Next/Harvard PEPG, the majority of Trained dogs also offer many therapeutic ben- pacity has worked with more than 5,000 at-risk Americans support education tax credits. This efits to soldiers and veterans with Post-Trau- students. poll also found strong support for education matic Stress Disorder by elevating their Mr. Blum credits his wife for providing him tax credits among liberals, moderates, con- moods, building confidence, and reducing with the emotional and physical support need- servatives, low-income individuals, African- stress, all of which assist them in their transi- ed to transition to ‘‘life’’ as a permanent Americans, and public-school employees. This tion back to civilian life. ostomate. He also credits his Wound Ostomy is just one of numerous studies and public Nonprofit organizations that train and pro- Care (WOC) nurse, Cindy Norris with per- opinion polls showing that Americans want vide assistance dogs to help our military performing selfless acts on behalf of her clients Congress to get the federal bureaucracy out of sonnel and veterans are receiving more and and for always being available to him. the schoolroom and give parents more control more requests. Groups throughout the coun- Commenting on his ostomy, Justin says, over their children’s education. try—including Hawaii Fi-Do Service Dogs in ‘‘The best advice I have given other ostomates Today, Congress can fulfill the wishes of the my congressional district—train and provide is that they are very fortunate and are now in American people for greater control over their dogs for returning soldiers and veterans but a position to accomplish anything. As an children’s education by simply allowing par- rely on fundraising and volunteer staff to meet ostomate, they are cured from previous inflic- ents to keep more of their hard-earned money the growing demand. tions like colitis or Crohns’ and they have to spend on education rather than force them The K–9 Companion Corps Act would pro- been provided a second chance for life. They to send it to Washington to support education vide competitive grants to build the capacity of can set an example for all to emulate by mak- programs reflective only of the values and pri- nonprofit organizations whose mission is to ing a difference in the lives of others who do orities of Congress and the federal bureauc- address the physical and mental health needs not have the motivation and self-esteem they racy. of the men and women who have served our are experiencing.’’ The $5,000 tax credit will make a better nation so honorably through the dogs they I urge my colleagues to take the time to education affordable for millions of parents. train and provide. meet with some of the Great Comebacks Madam Speaker, many parents who would I thank my former colleague, Congressman award recipients. Their personal stories, like choose to send their children to private, reli- Ron Klein of Florida, for his work on this bill Justin’s, are inspirational and will heighten gious, or parochial schools are unable to af- last Congress and for his unwavering commit- your awareness about some of the huge ford the tuition, in large part because of the ment to our military personnel, veterans, and strides being made by people living with intes- enormous tax burden imposed on the Amer- their families. tinal diseases or recovering from ostomy sur- ican family by Washington. f gery. The Family Education Freedom Act also f benefits parents who choose to send their chil- TRIBUTE TO GREAT COMEBACKS dren to public schools. Parents of children in TONY SNOW WINNER JUSTIN BLUM THE FAMILY EDUCATION public schools may use this credit to help im- FREEDOM ACT prove their local schools by helping finance HON. JAMES E. CLYBURN the purchase of educational tools such as OF SOUTH CAROLINA HON. RON PAUL computers or to ensure their local schools can IN THE HOUSE OF REPRESENTATIVES OF TEXAS offer enriching extracurricular activities such as music programs. Parents of public school Tuesday, March 8, 2011 IN THE HOUSE OF REPRESENTATIVES students may also wish to use the credit to Tuesday, March 8, 2011 Mr. CLYBURN. Mr. Speaker, I rise today to pay for special services, such as tutoring, for recognize one of my constituents, Justin Blum Mr. PAUL. Mr. Speaker, I rise today to intro- their children. of Florence, South Carolina. Justin has been duce the Family Education Freedom Act, a bill Increasing parental control of education is selected as the Great Comebacks Tony Snow to empower millions of working and middle- superior to funneling more federal tax dollars, Public Service Award recipient for 2010. This class Americans to choose a non-public edu- followed by greater federal control, into the award, named in memory of the former White cation for their children, as well as making it schools. A recent review of the relevant re- House advisor and news broadcaster who easier for parents to actively participate in im- search conducted by Andrew J. Coulson of passed away from colon cancer, was created proving public schools. The Family Education the CATO Institute shows that increasing pa- to honor extraordinary individuals who are Freedom Act accomplishes its goals by allow- rental controls increases academic achieve- passionate about serving their country while ing American parents a tax credit of up to ment, efficiency, the orderliness of the class- dealing courageously with debilitating intestinal $5,000 for the expenses incurred in sending rooms, and the quality of school facilities. Not diseases and ostomy surgery. their child to private, public, parochial, other surprisingly, graduates of education system The Great Comebacks Program is spon- religious school, or for home schooling their controlled by parents tend to achieve higher sored by ConvaTec in partnership with the children. levels of education and earn more than their Crohn’s & Colitis Foundation (CCFA), the The Family Education Freedom Act returns counterparts in bureaucratically controlled edu- United Ostomy Associations of America, Inc. the fundamental principal of a truly free econ- cation systems. (UOAA) and the Intestinal Disease Education omy to America’s education system: what the Clearly, enactment of the Family Education and Awareness Society (IDEAS). Each year, great economist Ludwig von Mises called Freedom Act is the best thing this Congress Great Comebacks presents awards to individ- ‘‘consumer sovereignty’’. Consumer sov- could do to improve public education. Further- uals throughout the United States who have ereignty simply means consumers decide who more, a greater reliance on parental expendi- struggled with a chronic intestinal condition succeeds or fails in the market. Businesses tures rather than government tax dollars will and have exhibited extraordinary strength and that best satisfy consumer demand will be the help make the public schools into true commu- courage for managing to live full and produc- most successful. Consumer sovereignty is the nity schools that reflect the wishes of parents tive lives despite daily struggles. Today, there means by which the free market maximizes and the interests of the students. are more than 700,000 men, women and chil- human happiness. The Family Education Freedom Act will also dren throughout our country affected by the Currently, consumers are less than sov- aid those parents who choose to educate their very conditions that can result in an ostomy. ereign in the education ‘‘market.’’ Funding de- children at home. Home schooling has be- Following a 21-year history of ulcerative co- cisions are increasingly controlled by the fed- come an increasingly popular, and successful, litis, Mr. Blum opted for ostomy surgery while eral government. Because ‘‘he who pays the method of educating children. Home schooled a Major on active duty in the Army. The words piper calls the tune,’’ public, and even private children out-perform their public school peers

VerDate Mar 15 2010 02:40 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MR8.019 E08MRPT1 sroberts on DSK1DXX6B1PROD with REMARKS March 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E435 by 30 to 37 percentile points across all sub- RECOGNIZING YVONNE AUSTIN Even families who plan and save well in ad- jects on nationally standardized achievement vance for their children’s education may have exams. Home schooling parents spend thou- HON. STEVE STIVERS a difficult time because their savings are erod- sands of dollars annually, in addition to the OF OHIO ed by taxation and inflation. The Make College wages forgone by the spouse who forgoes IN THE HOUSE OF REPRESENTATIVES Affordable Act will help these middle class stu- outside employment, in order to educate their Tuesday, March 8, 2011 dents by allowing them, or their parents or guardians who claim them as dependents, to children in the loving environment of the Mr. STIVERS. Mr. Speaker, I rise today to home. deduct the cost of college tuition as well as recognize Yvonne Austin of Grove City, Ohio. the cost of student loan repayments. Yvonne has been selected as a 2010 Great Ultimately, Mr. Speaker, this bill is about The Make College Affordable Act will also Comebacks Award recipient for the Central freedom. Parental control of child rearing, es- help older or nontraditional students looking to Region. Each year, Great Comebacks pre- pecially education, is one of the bulwarks of improve their job skills or prepare for a career sents regional awards to 12 individuals liberty. No nation can remain free when the change, by pursuing higher education. In to- throughout the United States who have strug- state has greater influence over the knowl- day’s economy, the average American worker gled with a chronic intestinal condition and edge and values transmitted to children than can expect to change jobs, and even careers, have exhibited extraordinary strength and the family. several times during his or her working life, courage for managing to live full and produc- making it more important than ever that work- By moving to restore the primacy of parents tive lives despite daily struggles. to education, the Family Education Freedom An 18-year-old freshman in college, Yvonne ing Americans be able to devote their re- Act will not only improve America’s education, was balancing two jobs with her education, sources to continuing their educations. it will restore a parent’s right to choose how while secretly struggling with symptoms she Helping the American people use their own best to educate one’s own child, a funda- could not explain. A year later, she finally money to ensure every qualified American can mental freedom that has been eroded by the sought medical advice and was diagnosed receive a college education is one of the best investments this Congress can make in the fu- increase in federal education expenditures and with Crohn’s disease. Despite this diagnosis ture. I therefore urge my colleagues to help the corresponding decrease in the ability of Yvonne was determined not to let the disease hinder her tenacious work ethic or interrupt strengthen America by ensuring more Ameri- parents to provide for their children’s edu- cans can obtain college educations by co- cation out of their own pockets. I call on all my her active lifestyle. With a great desire for travel, Yvonne set sponsoring the Make College Affordable Act. colleagues to join me in allowing parents to out to explore the world. Her adventurous spir- devote more of their resources to their chil- it led her to the Great Barrier Reef, spending f dren’s education and less to feed the wasteful her time scuba diving, swimming with sharks, Washington bureaucracy by supporting the and even taking up waterskiing. However, RECOGNIZING GREG SEGHEZZI Family Education Freedom Act. Crohn’s disease continued to invade her life with painful flare-ups and numerous hos- HON. TOM McCLINTOCK f pitalizations. After 15 years of managing her OF CALIFORNIA symptoms with medications, Yvonne con- TWO WEEKS CONTINUING sented to a temporary ostomy in 2002 and IN THE HOUSE OF REPRESENTATIVES RESOLUTION opted for a permanent ileostomy in 2004. Tuesday, March 8, 2011 Three friends nominated Yvonne for the Great Comebacks Award, describing her as a Mr. MCCLINTOCK. Mr. Speaker, I rise today HON. CORRINE BROWN confident and inspirational woman who radi- to remember Greg Seghezzi of Grass Valley, California. OF FLORIDA ates positive energy and goes the extra mile for her family and friends. Yvonne’s friends Greg was well-known in the Grass Valley IN THE HOUSE OF REPRESENTATIVES also recalled how she quickly rushed to the community, and it would be hard to find many who didn’t know and care for him. He was a Tuesday, March 8, 2011 aid of a friend’s mother who had received an emergency ostomy. member of the Grass Valley Rotary Club, the Ms. BROWN of Florida. Mr. Speaker, just Today, Yvonne is a successful mortgage Chamber of Commerce and an active member last week, Congress passed a two-week Con- banker, and led by her adventurous spirit has of the men’s ministry at Twin Cities Church. tinuing Resolution to cut spending and keep for the past three years been a nationally- Greg had an uncompromising and uncommon the government running. Now, in all my years ranked competitive water skier. She is also an work ethic: having owned a wine store and ca- as an elected official I have never seen a CR avid golfer, fundraises for the Crohn’s and Co- tering business as well as working as a realtor litis Foundation, and volunteers at a local chil- in Nevada County. He was the quintessential (Continuing Resolution) last as little as two dren’s hospital to provide support to parents example of the American entrepreneur and in- weeks! and children who are living with an intestinal novator. Going far beyond being a successful I clearly see that on Capitol Hill these days disease and/or an ostomy. Yvonne believes businessman, Greg was also a dedicated it is only the big dogs that get to eat at the faith, humor and a positive attitude can over- servant to his community: donating food, sup- table! The Republican Party, while slamming come any adversity. plies and hundreds of hours in the kitchen through tax cuts for the rich last December is f cooking for local fundraisers and special leading the charge for tens of billions of dol- events. MAKE COLLEGE AFFORDABLE ACT lars in budget cuts for job training programs, For all of his success in the public arena, environmental protection, disease control, pro- HON. RON PAUL the single greatest joy in Greg’s life was his grams to assist homeless veterans; transpor- family. Greg and Angie, his wife of 26 years, OF TEXAS tation and infrastructure (including cuts to high raised four outstanding children: Antonio, IN THE HOUSE OF REPRESENTATIVES speed rail and Amtrak), crime protection, edu- Gianna, Roman and Dominica. Whether it was Tuesday, March 8, 2011 cation programs and dozens of other critical driving across the state chasing volleyball Extension of Remarks areas for our country. Mr. PAUL. Mr. Speaker, I rise to help mil- matches and diving meets, or providing a lions of Americans afford higher education by strong and guiding example of hard work and As always, if these cuts do pass, they will introducing the Make College Affordable Act of fine values, Greg’s largest investment of his fall on the shoulders on the working poor and 2011, which makes college tuition tax deduct- time and energy went to loving and caring for middle class. It is obvious that Republican ible. Today the average cost of a college edu- his family in every way possible. lawmakers in the House remain indifferent to cation is over 30 thousand dollars per year! Mr. Speaker, men like Greg Seghezzi don’t the suffering the cuts could bring to the Amer- These high costs have left many middle class quickly fade from memory, nor can they ever ican people. Moreover, as shown in a study American families struggling to afford college be replaced. Whether through his professional conducted by Moody’s Analytics, their budget for their children, who are often ineligible for fi- life, or his personal dedication to his family plan also jeopardizes American jobs and our nancial aid. Therefore, middle class students and community, Greg touched many lives in country’s economic future by rolling back in- have no choice but to obtain student loans, our community; lives that he undoubtedly vestments that would help the private sector to and thus leave college saddled with massive changed for the better and it is my honor to grow and put people back to work! debt. rise in his memory today.

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HIGHLIGHTS Senate passed S. 23, Patent Reform Act, as amended. Senate 60 affirmative votes, the substitute amendment be Chamber Action agreed to, the bill, as amended, be read a third time Routine Proceedings, pages S1335–S1414 and passed; if the substitute amendment does not Measures Introduced: Fifteen bills and two resolu- achieve 60 affirmative votes, H.R. 1, be returned to tions were introduced, as follows: S. 501–515, and the calendar; that no motions or amendments be in S. Res. 94–95. Page S1406 order to the substitute amendments, or to the bill prior to the votes; provided further, that all of the Measures Passed: above occur with no intervening action or debate. Patent Reform Act: By 95 yeas to 5 nays (Vote Page S1362 No. 35), Senate passed S. 23, to amend title 35, A unanimous-consent agreement was reached pro- United States Code, to provide for patent reform, viding that the cloture vote with respect to the mo- after taking action on the following amendments tion to proceed to consideration of H.R. 1, be viti- proposed thereto: Pages S1348–52, S1360–94 ated. Page S1362 Adopted: Reid/Ensign Modified Amendment No. 143, to Joint Meeting—Agreement: A unanimous-consent include public institutions of higher education in the agreement was reached providing that at 10:40 a.m., on Wednesday, March 9, 2011, Senate recess until definition of a micro entity. Page S1362 Withdrawn: 12 noon for a Joint Meeting with the Honorable Julia Gillard, Prime Minister of Australia; that fol- Reid Amendment No. 152 (to Reid Amendment lowing the Joint Meeting, the Senate reconvene at No. 143), to provide an effective date. Page S1362 12 noon, and proceed to consideration of H.R. 1, as Full-Year Continuing Appropriations Act— provided for under the previous order. Pages S1413–14 Agreement: A unanimous-consent-time agreement was reached providing that at 12 noon, on Wednes- Message from the President: Senate received the day, March 9, 2011, Senate proceed to the imme- following message from the President of the United diate consideration of H.R. 1, making appropriations States: for the Department of Defense and the other depart- Transmitting, pursuant to law, a report of the ments and agencies of the Government for the fiscal continuation of the national emergency with respect year ending September 30, 2011; that there be three to Iran that was declared in Executive Order 12957 hours of debate on the bill and the Democratic alter- on March 15, 1995; which was referred to the Com- native—Inouye Amendment No. 149, with the time mittee on Banking, Housing, and Urban Affairs. equally divided between the two Leaders, or their (PM—7) Page S1405 designees, prior to a vote on passage of the bill; that Executive Communications: Pages S1405–06 the vote on passage of the bill be subject to a 60 Additional Cosponsors: Pages S1406–07 vote threshold; that if the bill achieves 60 affirmative votes, the bill be read a third time and passed; Statements on Introduced Bills/Resolutions: that if the bill does not achieve 60 affirmative votes, Pages S1407–12 the Majority Leader be recognized to offer Inouye Additional Statements: Page S1405 Amendment No. 149; the Senate then proceed to a Amendments Submitted: Page S1413 vote on or in relation to the substitute amendment; that the substitute amendment be subject to a 60 Notices of Hearings/Meetings: Page S1413 vote threshold; if the substitute amendment achieves Authorities for Committees to Meet: Page S1413 D202

VerDate Mar 15 2010 04:09 Mar 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08MR1.REC D08MRPT1 sroberts on DSK1DXX6B1PROD with DIGEST March 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D203 Record Votes: One record vote was taken today. Commerce; William Hogarth, University of South (Total—35) Page S1381 Florida Institute of Oceanography, St. Petersburg; Adjournment: Senate convened at 9:30 a.m. and Stephanie Madsen, At-sea Processors Association adjourned at 7:02 p.m., until 9:30 a.m. on Wednes- (APA), Juneau, Alaska; Vito Giacalone, Northeast day, March 9, 2011. (For Senate’s program, see the Seafood Coalition, Gloucester, Massachusetts; and remarks of the Acting Majority Leader in today’s Bill Bird, Coastal Conservation Association (CCA), Record on page S1414.) Orlando, Florida. DEPARTMENT OF TRANSPORTATION Committee Meetings BUDGET Committee on Commerce, Science, and Transportation: (Committees not listed did not meet) Committee concluded a hearing to examine the DEFENSE AUTHORIZATION REQUEST AND President’s proposed budget request for fiscal year FUTURE YEARS DEFENSE PROGRAM 2012 for the Department of Transportation, after receiving testimony from Ray LaHood, Secretary of Committee on Armed Services: Committee concluded a Transportation. hearing to examine the Department of the Navy in review of the Defense Authorization request for fiscal NOMINATION year 2012 and the Future Years Defense Program, Committee on Energy and Natural Resources: Committee after receiving testimony from Ray Mabus, Secretary concluded a hearing to examine the nomination of of the Navy, Admiral Gary Roughead, Chief of Peter Bruce Lyons, of New Mexico, to be Assistant Naval Operations, and General James F. Amos, Secretary of Energy for Nuclear Energy, after the Commandant of the Marine Corps, all of the Depart- nominee testified and answered questions in his own ment of Defense. behalf. NOMINATIONS TAX SYSTEM Committee on Banking, Housing, and Urban Affairs: Committee on Finance: Committee concluded a hearing Committee concluded a hearing to examine the to examine if the tax system supports economic effi- nominations of Peter A. Diamond, of Massachusetts, ciency, job creation and broad-based economic to be a Member of the Board of Governors of the growth, after receiving testimony from Alan J. Federal Reserve System, and Katharine G. Abraham, Auerbach, University of California, Berkeley; Glenn of Iowa, and Carl Shapiro, of California, both to be Hubbard, Columbia University Graduate School of a Member of the Council of Economic Advisers, Ex- Business, and Michael J. Graetz, Columbia Univer- ecutive Office of the President, after the nominees sity Law School, both of New York, New York; and testified and answered questions in their own behalf. James K. Galbraith, University of Texas, Austin. NATIONAL COMMISSION ON FISCAL STATE DEPARTMENT TRAINING RESPONSIBILITY AND REFORM Committee on Homeland Security and Governmental Af- Committee on the Budget: Committee concluded a hear- fairs: Subcommittee on Oversight of Government ing to examine the report of the National Commis- Management, the Federal Workforce, and the Dis- sion on Fiscal Responsibility and Reform, after re- trict of Columbia concluded a hearing to examine ceiving testimony from former Senator Simpson, and State Department training, focusing on investing in Erskine Bowles, both a Co-Chair, National Commis- the workforce to address 21st century challenges, sion on Fiscal Responsibility and Reform. after receiving testimony from Nancy J. Powell, Di- MAGNUSON-STEVENS FISHERY rector General, Foreign Service, and Director, CONSERVATION AND MANAGEMENT ACT Human Resources, and Ruth A. Whiteside, Director, Foreign Service Institute, both of the Department of Committee on Commerce, Science, and Transportation: Sub- State; Jess T. Ford, Director, International Affairs committee on Oceans, Atmosphere, Fisheries, and and Trade, Government Accountability Office; and Coast Guard concluded a hearing to examine imple- Ronald E. Neumann, American Academy of Diplo- mentation of the ‘‘Magnuson-Stevens Fishery Con- macy, and Susan Rockwell Johnson, American For- servation and Management Act,’’ after receiving tes- eign Service Association, both of Washington, DC. timony from Eric Schwaab, Assistant Administrator, and Douglas DeMaster, Acting Director, Scientific NOMINATION Programs, and Chief Science Advisor, both of the Committee on Homeland Security and Governmental Af- National Marine Fisheries Service, National Oceanic fairs: Committee concluded a hearing to examine the and Atmospheric Administration, Department of nomination of Heather A. Higginbottom, of the

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District of Columbia, to be Deputy Director of the from Veterans of Foreign Wars, after receiving testi- Office of Management and Budget, Executive Office mony from Richard L. Eubank, Robert E. Wallace, of the President, after the nominee, who was intro- and Raymond C. Kelley, all of the Veterans of For- duced by Senator Kerry, testified and answered ques- eign Wars (VFW), all of Washington, DC. tions in her own behalf. INTELLIGENCE VETERANS OF FOREIGN WARS Select Committee on Intelligence: Committee held closed Committee on Veterans’ Affairs: Committee concluded a hearings on intelligence matters, receiving testimony joint hearing with the House Committee on Vet- from officials of the intelligence community. erans’ Affairs to examine the legislative presentation Committee recessed subject to the call. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Public Bills and Resolutions Introduced: 26 pub- Dental Emergency Responder Act of 2011: H.R. lic bills, H.R. 938–963; and 8 resolutions, H.J. Res. 570, to amend the Public Health Service Act to en- 47; H. Con. Res. 27; and H. Res. 147–149, hance the roles of dentists and allied dental per- 152–154 were introduced. Pages H1618–19 sonnel in the Nation’s disaster response framework, Additional Cosponsors: Pages H1620–21 by a 2⁄3 yea-and-nay vote of 401 yeas to 12 nays, Reports Filed: Reports were filed on March 7, 2011 Roll No. 163 and Pages H1598–H1600, H1601–02 as follows: Veterinary Public Health Amendments Act of H.R. 830, to rescind the unobligated funding for 2011: H.R. 525, to amend the Public Health Service the FHA Refinance Program and to terminate the Act to enhance and increase the number of veterinar- program, with an amendment (H. Rept. 112–25) ians trained in veterinary public health, by a 2⁄3 yea- and and-nay vote of 280 yeas to 138 nays, Roll No. 164. H.R. 836, to rescind the unobligated funding for Pages H1600–01, H1602–03 the Emergency Mortgage Relief Program and to ter- Recess: The House recessed at 4:31 p.m. and recon- minate the program, with an amendment (H. Rept. vened at 6:30 p.m. Page H1601 112–26). Committee Election: The House agreed to H. Res. Reports were filed today as follows: 149, electing a Member to a certain standing com- H. Res. 150, providing for consideration of the mittee of the House of Representatives. Page H1603 bill (H.R. 830) to rescind the unobligated funding Presidential Message: Read a message from the for the FHA Refinance Program and to terminate President wherein he notified Congress that the na- the program (H. Rept. 112–27) and tional emergency declared with respect to Iran is to H. Res. 151, providing for consideration of the continue in effect beyond March 15, 2011—referred bill (H.R. 836) to rescind the unobligated funding to the Committee on Foreign Affairs and ordered for the Emergency Mortgage Relief Program and to printed (H. Doc. 112–13). Page H1601 terminate the program (H. Rept. 112–28). Quorum Calls—Votes: Two yea-and-nay votes de- Page H1618 veloped during the proceedings of today and appear Speaker: Read a letter from the Speaker wherein he on pages H1602, H1602–03. There were no quorum appointed Representative Yoder to act as Speaker pro calls. tempore for today. Page H1583 Adjournment: The House met at 2 p.m. and ad- Recess: The House recessed at 2:23 p.m. and recon- journed at 8:08 p.m. vened at 4 p.m. Page H1597 Committee Resignations: Read a letter from Rep- COMMITTEE MEETINGS resentative Christensen, wherein she resigned from INTERIOR, ENVIRONMENT the Committees on Natural Resources and Home- Committee on Appropriations: Subcommittee on Inte- land Security. Page H1598 rior, Environment, and Related Agencies held a

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FINANCIAL SERVICES AND GENERAL FHA REFINANCE PROGRAM TERMINATION GOVERNMENT ACT Committee on Appropriations: Subcommittee on Finan- Committee on Rules: Granted, by record vote of 7 to cial Services and General Government held a hearing 4, a modified open rule providing one hour of gen- on FY 2012 Budget—Small Business Administra- eral debate equally divided and controlled by the tion. Testimony was heard from Karen G. Mills, chair and ranking minority member of the Com- Small Business Administration. mittee on Financial Services. The rule waives all points of order against consideration of the bill. The CLIMATE, SCIENCE AND GREENHOUSE GAS rule makes in order the amendment in the nature of Committee on Energy and Commerce: Subcommittee on a substitute recommended by the Committee on Fi- Energy and Power held a hearing entitled ‘‘Climate nancial Services as original text for purpose of Science and EPA’s Greenhouse Gas Regulations’’. amendment, and provides that each section shall be Testimony was heard from public witnesses. considered as read. The rule waives all points of order against the committee amendment in the na- DEMOCRATIC REPUBLIC OF CONGO ture of a substitute. The rule makes in order only Committee on Foreign Affairs: Subcommittee on Africa, those amendments that have been submitted for Global Health, and Human Rights held a hearing on printing in the Congressional Record not later than the Democratic Republic of the Congo: Securing March 9, 2011 or pro forma amendments for the Peace in the Midst of Tragedy. Testimony was heard purpose of debate. The rule provides that each from Donald Y. Yamamoto, Principal Deputy As- amendment submitted for printing in the Congres- sistant Secretary, Bureau of African Affairs, Depart- sional Record may be offered only by the Member ment of State; Rajakumari Jandhyala, Deputy Assist- who submitted it for printing or their designee, and ant Administrator Bureau for Africa, Agency for that each such amendment shall be considered as International Development; and public witnesses. read if printed. Finally, the rule provides one motion to recommit with or without instructions. Testimony EXECUTIVE IN NEED OF SCRUTINY was heard from Representatives Biggert, Frank of Committee on the Judiciary: Subcommittee on Courts, Massachusetts and Cardoza. Commercial and Administrative Law held a hearing EMERGENCY MORTGAGE RELIEF PROGRAM on H.R. 10, the ‘‘Regulations From the Executive in TERMINATION ACT Need of Scrutiny Act of 2011’’. Testimony was heard from public witnesses. Committee on Rules: Granted, by record vote of 7 to 4, a modified open rule providing one hour of gen- FEDERAL SPENDING AND NATIVE eral debate equally divided and controlled by the AMERICAN PROGRAMS chair and ranking minority member of the Com- Committee on Natural Resources: Subcommittee on In- mittee on Financial Services. The rule waives all dian and Alaska Native Affairs held an oversight points of order against consideration of the bill. The hearing on ‘‘The effectiveness of federal spending on rule makes in order the amendment in the nature of Native American programs, and on the President’s a substitute recommended by the Committee on Fi- FY 2012 budget request for the Bureau of Indian nancial Services as original text for purpose of Affairs and the Office of the Special Trustee for amendment, and provides that each section shall be American Indians.’’ Testimony was heard from Larry considered as read. The rule waives all points of EchoHawk, Assistant Secretary for Indian Affairs; order against the committee amendment in the na- and Ray A. Joseph, Principal Deputy Special Trustee ture of a substitute. The rule makes in order only for American Indians. those amendments that have been submitted for printing in the Congressional Record not later than FY 2012 BUDGET—BUREAU OF LAND March 9, 2011 or pro forma amendments for the MANAGEMENT AND FOREST SERVICE purpose of debate. The rule provides that each Committee on Natural Resources: Subcommittee on In- amendment submitted for printing in the Congres- dian and Alaska Native Affairs held a hearing on Ex- sional Record may be offered only by the Member

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Committee on Transportation: Subcommittee on Water House Resources and Environment held a hearing entitled Committee on Agriculture, Full Committee, hearing on ‘‘Review of the FY 2012 Budget and Priorities of H.R. 872, The Reducing Regulatory Burdens Act of the Army Corps of Engineers, Tennessee Valley Au- 2011, 10 a.m., 1300 Longworth. thority, and the Natural Resources Conservation Committee on Appropriations, Subcommittee on Inte- Service: Finding Ways To Do More With Less.’’ rior, Environment, and Related Agencies on National Testimony was heard from Jo Ellen Darcy, USA, As- Park Service FY 2012 Budget Oversight, 9:30 a.m., sistant Secretary of the Army—Civil Works; Robert B–308 Rayburn. Van Antwerp, U.S. Army Corps of Engineers, Chief Subcommittee on Defense on FY 2012 Navy/Marine of Engineers, Lieutenant General; Thomas Corps Budget Overview, 9:30 a.m., H–140 Capitol. Christensen, Natural Resources Conservation Service, Subcommittee on Energy and Water Development, and Related Agencies on Army Corps of Engineers FY 2012 Regional Conservationist, Central Region, Depart- Budget Requests 2 p.m., 2362–B Rayburn. ment of Agriculture; and public witnesses. Subcommittee on Homeland Security on FY 2012 Oversight and Budget Department of Homeland Security Joint Meetings 9:30 a.m., B–318 Rayburn. No joint committee meetings were held. Subcommittee on Military Construction, Veterans Af- fairs, and Related Agencies on Oversight of Veterans Pro- f grams 2 p.m., HT–2 Capitol. COMMITTEE MEETINGS FOR WEDNESDAY, Subcommittee on State, Foreign Operations and Re- MARCH 9, 2011 lated Programs on FY 2012 Budget Request for the De- partment of the Treasury International Programs 1:30 (Committee meetings are open unless otherwise indicated) p.m., 2359 Rayburn. Committee on Armed Services, Subcommittee on Tactical Air and Land Forces hearing on Army modernization Senate 1:30 p.m., 2118 Rayburn. Committee on Appropriations; Subcommittee on Depart- Subcommittee on Seapower and Projection Forces hear- ments of Labor, Health and Human Services, and Edu- ing on Navy shipbuilding acquisition programs and cation, and Related Agencies, to hold hearings to examine budget requirements of the Navy’s shipbuilding and con- funding for the Social Security Administration in fiscal struction plan, 3 p.m., 2212 Rayburn. years 2011 and 2012, 9:30 a.m., SD–124. Committee on Education and the Workforce, Full Com- Subcommittee on Department of the Interior, Environ- mittee hearing on The Budget and Policy Proposals of ment, and Related Agencies, to hold hearings to examine the U.S. Department of Education 2 p.m., 2175 Rayburn. proposed budget estimates for fiscal year 2012 for the Committee on Energy and Commerce, Subcommittee on Department of the Interior, 3:30 p.m., SD–124. Communications and Technology hearing on H.J. Res 37, Committee on Banking, Housing, and Urban Affairs; to Disapproving the rule submitted by the Federal Commu- hold hearings to examine the state of the housing market, nications Commission with respect to regulating the 2:30 p.m., SD–538. Internet and broadband industry practices. 10:30 a.m., Committee on the Budget; to hold hearings to examine 2123 Rayburn. The subcommittee will hold a mark-up distribution and efficiency of spending in the tax code, of the bill immediately after the hearing. 10 a.m., SD–608. Subcommittee on Health hearing entitled ‘‘Setting Fis- Committee on Environment and Public Works; to hold hear- cal Priorities in Health Care Funding.’’ 10:30 a.m., 2322 ings to examine the President’s proposed budget request Rayburn. for fiscal year 2012 for the Federal Highway Administra- Committee on Financial Services, Full Committee, contin- tion, 2:15 p.m., SD–406. ued mark-up of the following: H.R. 839, the HAMP Committee on Finance; to hold hearings to examine the Termination Act of 2011 and H.R. 861, the NSP Termi- President’s 2011 trade agenda, 9:30 a.m., SD–215. nation Act, 10 a.m., 2128 Rayburn. Committee on Homeland Security and Governmental Affairs; Committee on Foreign Affairs, Subcommittee on Ter- Subcommittee on Federal Financial Management, Govern- rorism, Nonproliferation, and Trade, hearing on China’s ment Information, Federal Services, and International Se- Indigenous Innovation Trade and Investment Policies: curity, to hold hearings to examine new tools for curbing How Great a Threat? 2 p.m., 2172 Rayburn.

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Committee on Homeland Security, Subcommittee on Emer- Committee on Natural Resources, Subcommittee on Energy gency Preparedness, Response, and Communications, and Mineral Resources will hold an oversight hearing to hearing entitled ‘‘Ensuring Effective Preparedness and Re- ‘‘Examine the Spending Priorities and the Missions of the sponse—An Assessment of the Fiscal Year 2012 Budget U.S. Geological Survey and the President’s FY 2012 Request for the Federal Emergency Management Agen- Budget Proposal.’’ 2 p.m., 1324 Longworth. cy’’, 9:30 a.m., 311 Cannon. Committee on Oversight and Government Reform, Sub- Subcommittee on Transportation Security, hearing en- committee on Government Organization, Efficiency and titled ‘‘Securing Air Commerce From the Threat of Ter- Financial Management hearing entitled ‘‘A Look at the rorism’’, 2 p.m., 311 Cannon. FY10 Consolidated Financial Report of the U.S. Govern- Committee on House Administration, Full Committee, ment.’’ 9:30 a.m., 2247 Rayburn. mark-up on the Omnibus Committee Funding Resolu- Subcommittee on Regulatory Affairs, Stimulus Over- tion, 1 p.m., 1310 Longworth. sight and Government Spending hearing entitled ‘‘Assess- Committee on the Judiciary, Subcommittee on Intellectual Property, Competition and the Internet hearing on Driv- ing the Cumulative Impact of Regulation on U.S. Manu- ing American Innovation: Creating Jobs and Boosting our facturers.’’ 9:30 a.m., 2154 Rayburn. Economy 10 a.m., 2141 Rayburn. Subcommittee on Federal Workforce, U.S. Postal Serv- Subcommittee on Crime, Terrorism and Homeland Se- ice and Labor Policy hearing entitled ‘‘Are Federal Work- curity hearing on the Reauthorization of the PATRIOT ers Underpaid?’’ 1:30 p.m., 2154 Rayburn. Act, 1:30 p.m., 2141 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 9 10 a.m., Wednesday, March 9

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Joint Meeting with the Senate morning business until 10:40 a.m. Following the Joint to receive The Honorable Julia Gillard, Prime Minister of Meeting, Senate will begin consideration of H.R. 1, Full- Australia. Year Continuing Appropriations Act, and after a period of debate, vote on passage of H.R. 1, and Inouye Amend- ment No. 149, at approximately 3 p.m. (At 10:40 a.m., Senate will recess until 12 noon for a Joint Meeting of Congress with the Honorable Julia Gillard, Prime Minister of Australia.)

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E432 Paul, Ron, Tex., E432, E433, E434, E435, E436 Granger, Kay, Tex., E431 Pitts, Joseph R., Pa., E428 Barletta, Lou, Pa., E427, E432 Hinchey, Maurice D., N.Y., E430 Rangel, Charles B., N.Y., E429 Bishop, Sanford D., Jr., Ga., E433 Hirono, Mazie K., Hawaii, E433 Sarbanes, John P., Md., E431 Brown, Corrine, Fla., E435 Jordan, Jim, Ohio, E430 Schrader, Kurt, Ore., E431 Christensen, Donna M., The Virgin Islands, E427 Latham, Tom, Iowa, E428, E430 Clyburn, James E., S.C., E434 Lipinski, Daniel, Ill., E430 Speier, Jackie, Calif., E430 Coffman, Mike, Colo., E436 McClintock, Tom, Calif., E435 Stark, Fortney Pete, Calif., E431 Cuellar, Henry, Tex., E428 Maloney, Carolyn B., N.Y., E429 Stivers, Steve, Ohio, E435 Engel, Eliot L., N.Y., E436 Michaud, Michael H., Me., E427, E429, E432 Wu, David, Ore., E428

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