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

Vol. 158 WASHINGTON, WEDNESDAY, MARCH 7, 2012 No. 37 House of Representatives The House met at 10 a.m. and was ican oil, American gas, and American techniques, it could put America in a called to order by the Speaker pro tem- coal are viable solutions to our energy position to become one of the largest pore (Mr. WEBSTER). crisis, with countless numbers of bene- energy producers in the world. And f fits. why not? We’re America. And that The time is ripe for our country to would mean more money, more jobs, DESIGNATION OF SPEAKER PRO embark on a new chapter in energy greater security, and you can bet, TEMPORE production, American energy, an over- lower energy prices. The SPEAKER pro tempore laid be- haul of this, if you will. Right now f we’re faced with an abundance of ex- fore the House the following commu- NATIONAL SCHOOL LUNCH WEEK nication from the Speaker: pansion possibilities all there for the The SPEAKER pro tempore. The WASHINGTON, DC, taking. New developments in science March 7, 2012. and technology make this possible. Chair recognizes the gentleman from I hereby appoint the Honorable DANIEL You’ve probably heard of at least a few Oregon (Mr. BLUMENAUER) for 5 min- WEBSTER to act as Speaker pro tempore on terms like ‘‘fracking,’’ ‘‘3D mapping,’’ utes. this day. and ‘‘horizontal drilling.’’ These new Mr. BLUMENAUER. Mr. Speaker, ev- JOHN A. BOEHNER, practices allow producers to easily ex- erywhere you go in America, education Speaker of the House of Representatives. tract natural gas, coal, and oil from is a hot-button issue. Everyone has f the ground, all while doing it cheaper, opinions about what should be empha- sized, changed, adjusted, where we MORNING-HOUR DEBATE safer, and with less disruption to the landscape above. So why has this ad- should spend more, where we should The SPEAKER pro tempore. Pursu- ministration, contrary to their rhet- spend it differently. This is a reflection ant to the order of the House of Janu- oric, chosen to obstruct progress, en- that Americans know what goes on in ary 17, 2012, the Chair will now recog- ergy independence, and security for our our schools is very important. That’s nize Members from lists submitted by Nation? where we’re building America’s future the majority and minority leaders for House Republicans remain com- for our communities, our economy, for morning-hour debate. mitted to addressing this abundance of our families. The Chair will alternate recognition energy production and development. This deep commitment to our chil- between the parties, with each party That’s why we’re trying to open up new dren should extend to one area in limited to 1 hour and each Member areas for exploration and development. schools where we should be building a other than the majority and minority American energy production is good for future that is focusing on the health of leaders and the minority whip limited the economy because it creates Amer- these children: physical fitness, their to 5 minutes each, but in no event shall ican jobs; it’s good for the deficit be- health habits, and importantly, their debate continue beyond 11:50 a.m. cause of new American royalties; and diet. f it’s good for our manufacturing be- When it comes to the health of our cause it brings American energy costs children, our legacy is unfortunate. PAIN AT THE PUMP down. Too many come from families that are The SPEAKER pro tempore. The If President Obama had chosen to ac- food insecure. One-half of American Chair recognizes the gentleman from knowledge this reality 3 years ago, children will, at some point in their Michigan (Mr. WALBERG) for 5 minutes. we’d already be seeing more American life, be on food stamps. Sixty-three per- Mr. WALBERG. Mr. Speaker, we’ve jobs and cheaper energy. Instead, he cent of American teachers report that all had to dig a little deeper in our has chosen to do little, sometimes even each month they buy food for children pocketbooks when visiting the gas sta- standing in the way of potential in their classroom. Over 20 percent of tion lately. Gas has now reached $4 a growth by letting Big Government be American households are just plain gallon in my district. Combined with the arbiter of job creation. For proof, hungry. the stubbornly high unemployment just look at the Solyndra fiasco, the re- Sadly, in my State, those percent- rate in Michigan, I know my constitu- jected Keystone pipeline project, or ages are even worse. Many children ents are hurting. However, the pain at mounting job-killing EPA regulations. who aren’t hungry per se, are hungry the pump has sparked more conversa- The private sector, not government, for the right foods. They consume far tions than ever about domestic energy is and will always remain the real job too many empty calories. Pizza, soda, development. Even the harshest of crit- creator for our country. If producers and baked goods are the top three ics are starting to realize that Amer- are given more liberty to pursue these sources of calories for our children.

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.

H1211

.

VerDate Mar 15 2010 00:32 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.000 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1212 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Since 1980, childhood obesity has dou- colleagues on the Democratic side as ghanistan and Iraq. I ask God to bless bled, so that today one in three chil- well as my friends on the Republican the House and Senate that we will do dren is overweight or obese. side. The resolution called on the what is right in the eyes of God for His One of the most direct ways to at- Speaker of the House one time a people here in the United States of tack the problem is in our schools, month, at that time, Ms. PELOSI, that America. I will ask God to please bless where over 31 million children receive she would stand at the Speaker’s stand the President of the United States that over five billion meals every year for and ask the Members of Congress to re- he will do what is right in the eyes of free and reduced lunches. Actually, member our troops in Afghanistan and God for God’s people here in the United they are not just fed lunches anymore. Iraq. I want to give her credit and States. And three times I will ask, God, They are increasingly getting school thanks that she did it for the whole please, God, please, God, please con- breakfasts and now school dinners. For time that she was Speaker of the tinue to bless America. far too many low-income children, this House. f is frankly the only place that they’re After my party, the Republican SUDAN PEACE, SECURITY AND going to get the food they need. Party became the majority, I wrote ACCOUNTABILITY ACT We have to attack this problem be- Speaker BOEHNER and asked him if he cause food in school is too often high in would continue that moment of re- The SPEAKER pro tempore. The starch and does not feature fresh fruits membrance of all of our troops in Af- Chair recognizes the gentleman from and vegetables. Indeed, 40 percent of ghanistan and Iraq, their families, and Massachusetts (Mr. MCGOVERN) for 5 American children do not get fresh those who gave their life and those who minutes. fruits and vegetables every day in were wounded. Mr. MCGOVERN. Mr. Speaker, just school. I regret that I must say the last time yesterday the former top U.N. humani- Congress held up funding for the new we did this was December 16 of 2011. I tarian official in Sudan, Mukesh nutritional guidelines. It’s time for us intend to prepare a letter to Mr. BOEH- Kapila, issued a warning to the world. to get our act together here in Con- NER and ask him, himself, not one time He said that the Government of Su- gress. I would suggest that we might do I remember, maybe one time that he dan’s military is carrying out crimes honor this National School Lunch was in the Speaker’s chair and he said against humanity in the country’s Week and build upon the Hunger-Free the words of I thank you, those who southern Nuba Mountains in the Suda- Kids Act that we had last Congress. have served and those who have given nese state of South Kordofan. He said Don’t we think we can do more than so much. that these acts remind him of Darfur. adding 6 cents per meal to the reim- I don’t know if it is just because the Kapila said he saw military planes bursement rate? Can’t we allocate war is not on the front page, but last striking villagers, the destruction of more than $40 million for mandatory week two Army captains from Fort food stocks, and literally a scorched- farm-to-school funding to help promote Bragg, North Carolina, who were try- earth policy. He said the attacks re- the use of local fresh fruits and vegeta- ing to train the Afghans, were shot minded him of what he witnessed in bles? Isn’t it time to establish stronger point-blank in their forehead and Sudan’s Darfur region in 2003 and 2004 national nutritional standards for all killed. We have lost 40 Americans who when the predominantly Arab govern- foods provided throughout the school have been in Afghanistan trying to ment in Khartoum targeted black day? Maybe even the House would re- train Afghans to be police and soldiers; tribes. Kapila served as the U.N.’s top consider and pass my amendment to 40 have been killed by the trainees. humanitarian official in Sudan at the declare that pizza is no longer a vege- And when you factor in the coalition time. He said that the world must act table for school-lunch purposes. troops trying to train the Afghans, 70 now to prevent another Darfur-type We know what to do. I see it in my have been killed, including the 40 situation in the Nuba Mountains. community in Abernathy School, as Americans. The people of South Kordofan and well as more than 40 other schools that We need to continue this process of Blue Nile, two states inside Sudan are providing education and nutrition remembering those who have given so along its southern border, are facing a and gardening, as well as the math, much to our country because too many hunger crisis. They haven’t been able reading, and science skills, that help times we get so wrapped up with major to plant because the government of kids grow, prepare, and learn to appre- issues like the debt, the deficit and President Bashir is bombing them in ciate healthy food. This is healthy not jobs, and so many important things, their fields. Sudan has refused to let just for the kids, but for the local econ- but there is nothing more important humanitarian aid into the region. The omy; not only strengthening local than those young men and women over United States, the United Nations, and farms and ranches, it creates more there in Afghanistan who are giving other governments have condemned 1 these attacks against civilians. than 1 ⁄2 other jobs off the farm. There their limbs and their life. are now over 9,000 school programs na- I went to Walter Reed about 3 weeks My good friend and colleague, Con- tionally that are dealing with pro- ago and saw three Marines from my gressman FRANK WOLF, traveled to this viding this vital connection between district, Camp Lejeune Marine Base. border region at the end of February. food, nutrition, and how kids learn. All three have lost both legs. He interviewed refugees, recorded their I think that it is time for us in Con- So I hope when we get back from the stories of terror: bombing from the sky gress to stop being AWOL, to step for- next break next week, again I intend to and soldiers burning villages and ward, be more deeply involved, resist hand deliver a letter to the Speaker of shooting defenseless civilians; mothers the special interests, and make kids’ the House, as I did a year ago, and I fleeing for their lives with their chil- nutrition a priority. want the Speaker, himself, to stand at dren, abandoning their homes. I urge I think our generation ought to be the Speaker’s stand and read the words my colleagues to go to the Web site of thinking about what we’re feeding kids thanking our men and women in uni- the Tom Lantos Human Rights Com- now, when you think about what kids form for their service to our Nation mission and watch the video he has might be feeding us later. and remembering the families who posted there. That’s at have given a child dying for freedom. I www.tlhrc.house.gov. f intend to follow through on this, and I We need to speak out, Mr. Speaker. b 1010 hope friends on both sides of the aisle We need to let our government and the will join me in asking the Speaker to world know that people care and that HONORING OUR TROOPS continue this recognition of those who we demand protection for these people The SPEAKER pro tempore. The have given so much. from Khartoum’s murderous policies. Chair recognizes the gentleman from With that, I will ask God to please This is why I and my colleagues, Con- North Carolina (Mr. JONES) for 5 min- bless our men and women in uniform, gressmen FRANK WOLF and MIKE CAPU- utes. to please bless the families of our men ANO, are introducing today the Sudan Mr. JONES. Mr. Speaker, about 3 and women in uniform; God, in His lov- Peace, Security and Accountability years ago I initiated a House resolu- ing arms, hold the families who have Act. This bill calls for a comprehensive tion, and I was joined by many of my given a child dying for freedom in Af- approach towards Sudan to address and

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.035 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1213 end the massive human rights viola- dent’s fiscal year 2013 budget proposal, cizing the person you’re apologizing to. tions that are taking place across that which would dramatically increase I want to give you a sample of country. No longer should we allow health care costs for our Nation’s vet- Limbaugh and his crack research President Bashir to blackmail the erans and military personnel. While I team’s eye-opening discoveries: international community by threat- applaud the Pentagon’s willingness to Here’s Limbaugh, verbatim, on ening humanitarian workers in Darfur make tough choices, these changes are March 5: if the world tries to reach the des- simply unacceptable. This woman, well, we’ve looked her up. I perate people in the Nuba Mountains The President’s plan would hike an- mean she’s a full-fledged activist for wom- with food and relief supplies. nual TRICARE premiums by up to 78 en’s causes. And she has been to Berkeley, We need a comprehensive strategy percent in the first year alone. Every 5 she’s traveled all over the place. Cornell, she and comprehensive sanctions against years, beneficiaries would face pre- graduated from the women’s studies courses there. She’s a full-fledged feminist activist. Khartoum if the violations continue. mium hikes ranging from 94 percent to We need to let other countries know 345 percent—345 percent, Mr. Speaker. America, I join you in being shocked that if they welcome and provide com- This means that a retired Army soldier at the discovery of these facts. Sandra fort to President Bashir and members with a family could see his annual pre- Fluke has traveled all over the place. of his government who have been in- miums jump from $460 to $2,048. This is She’s even taken women’s studies dicted for crimes against humanity, in- disgraceful. courses at Cornell. Women’s studies? cluding genocide, that they, too, will It’s wrong to impose crippling rate No wonder she gives her opinion in face sanctions. increases on our Nation’s heroes while public and thinks that women should We need to provide the Obama ad- leaving benefits for unionized civilian have some say over their health and re- ministration with all the tools and all defense workers untouched. It is wrong productive choices. I mean, what would the authority it needs to seek a com- to surreptitiously dismantle TRICARE you expect from somebody who went to prehensive peace in Sudan, end human in an effort to funnel beneficiaries into Cornell? rights violations, and bring those ObamaCare’s subsidized health care ex- There’s more. You see, I did my own guilty of crimes against humanity to changes. It is wrong, and it is shame- research, Limbaugh. It shows that Toni justice. ful. Morrison, Ruth Bader Ginsburg and For decades the powers that be in Mr. Speaker, I wear a pin every day Mae Jemison all went to Cornell, too. Khartoum have toyed with the inter- that says I support veterans. Every And what do these three troublemakers national community, while its own American should be supporting vet- have in common? It’s obvious. They’re people paid the price over and over erans. It is the reason we are here and women, women who somewhere in their again. It has to stop, Mr. Speaker. It allowed to speak freely and the reason lives, most likely at Cornell, the same simply has to stop. Americans are able to speak and go place that brainwashed Sandra Fluke, Let me end, Mr. Speaker, with a few about their business every day doing got the idea that they could accom- other remarks. what they do because of the sacrifices plish anything they wanted to and No one can come to the House floor that have been made by those who have speak about it in public and have their today and speak about Sudan and pro- served. opinions respected. tecting the people of Sudan from their In every generation, the men and Morrison—Nobel Prize. Ginsburg— murderous government without paying women of America’s Armed Forces the Supreme Court of the United tribute to our dear colleague, Donald have answered the call to service. They States of America. Mae Jemison even Payne. have sacrificed greatly, and they de- got that great crazy idea she could be Congressman Payne passed away yes- serve better than this. the first black woman in space. Shock- terday from cancer. He would have ing. f been an original cosponsor of the bill Mr. Speaker, here are the facts. A I’m introducing today. No one fought b 1020 glance at Rush Limbaugh’s Web site makes it obvious that he continues to harder for human rights in Sudan. He RUSH LIMBAUGH’S ‘‘APOLOGY’’ was among the very first to call atten- spew nonsense and that he’s not the tion to the genocide taking place in The SPEAKER pro tempore. The least bit sorry for what he said. It Darfur. He traveled there, often alone, Chair recognizes the gentleman from makes plain that he deeply resents with just one or two aides, to talk to Illinois (Mr. GUTIERREZ) for 5 minutes. women who speak their mind. Those refugees inside Darfur and in camps Mr. GUTIERREZ. Here’s how sorry who do are ‘‘full-fledged feminist activ- along the border and to stand witness Rush Limbaugh is for his attacks on a ists’’ who deserve only his scorn. to their suffering. He was tireless in his law school student who dared to give There are, however, some things to commitment to the people of Africa her opinion about access to contracep- visit Mr. Limbaugh’s Web site for. If and their well-being. tion coverage. He’s so sorry that a full you want a bumper sticker calling We all looked to him for leadership, transcript of his tirade, including the Obama, the President of the United for advice, and for help. He extended words he ‘‘apologized’’ for, was avail- States, a socialist, or a T-shirt pro- this same commitment to the people of able yesterday under the heading moting Rush Limbaugh for the Nobel African descent in our own hemisphere. ‘‘Most Popular’’ on the home page of Peace Prize, then his Web site is the I personally know how much he did to his Web site. place for you. But if you want a sincere promote the rights of Afro-Colombians He’s so sorry that the verbatim docu- apology from a man who is sorry that and to protect their leaders and com- ment of his March 1 rant, in which he he called a decent young woman a munities. We will miss him and we will repeated his name-calling of Sandra ‘‘slut,’’ you’re looking in the wrong miss his leadership. Fluke and mocked Democrats for criti- place. Mr. Speaker, he believed that human cizing him, is right on his Web site Now, the truth is that what a radio rights ought to matter. And he be- today under the title ‘‘Left freaks out talk show host thinks about Sandra lieved, as we all should believe, that if over Fluke remarks.’’ Also on Fluke really doesn’t matter, except for the United States of America stands Limbaugh’s ‘‘Most Popular’’ list today one important point: the Republican for anything, it ought to stand out loud is ‘‘Democrats Are Desperate: Obama Party respects and fears Rush and foursquare for human rights. Calls Sandra Fluke, the 30-Year-Old Limbaugh. The three leading Repub- f Victim.’’ I don’t mean was on his Web lican contenders for President of the site, before he decided to apologize; I United States won’t take him on. PROTECT TRICARE mean it’s there today. Just click on Three men who are so tough that they The SPEAKER pro tempore. The the link. compete daily with each other to say Chair recognizes the gentlewoman from And this Monday, Limbaugh talked the most disparaging things about North Carolina (Ms. FOXX) for 5 min- at length about the discoveries his President Barack Obama, three tough utes. staff had made about Ms. Fluke. Appar- talkers who promise to keep us safe Ms. FOXX. Mr. Speaker, I’m ex- ently, in Rush Limbaugh’s world, part from terrorists, these tough guys are tremely disappointed by the Presi- of apologizing is researching and criti- struck speechless and cowardly by a

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.003 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1214 CONGRESSIONAL RECORD — HOUSE March 7, 2012 man sitting behind a microphone in his As Mr. Michot is laid to rest, it is my Because his policies have failed, mansion out in Palm Beach, Florida. hope that we reflect upon his life and President Obama has turned to the pol- When a talk show host calls a decent learn from the shining examples of itics of envy and division. The only so- American woman a slut and a pros- selfless service and civic duty that he lutions he can come up with involve titute, that’s sad and wrong. But when set forth. Though I’m sure he will be more spending, more taxes, and more Mitt Romney, the Republican Party’s missed by many, I’m confident that his government. These are the policies frontrunner for President, is asked legacy of hard work and determination that failed in the first place. about it and all he can say is ‘‘it’s not will live on for many generations House Republicans have a plan for the language I would have used,’’ then through his children and their chil- America’s job creators. It’s time for it’s a leadership crisis. I guess Mitt dren. the President and Democrats in the Romney would have said she was a Senate to stop blocking our jobs bills. f ‘‘lady of the night.’’ What he should This week, the House will consider have said was, ‘‘Rush Limbaugh, you’re RECOGNIZING THE COURAGE OF the JOBS Act, a legislative package de- dead wrong. Stop it.’’ CONGRESSMAN JOHN LEWIS signed to jump-start our economy and It’s time for all Americans to say The SPEAKER pro tempore. The restore opportunities for America’s pri- enough is enough. And it’s time for Chair recognizes the gentleman from mary job creators. These are our small anyone who wants to be a leader—even businesses, the start-ups, and the en- Georgia (Mr. BARROW) for 5 minutes. Republicans who are terrified of Rush Mr. BARROW. Mr. Speaker, I rise trepreneurs. In his State of the Union Address, Limbaugh—to stand up for treating today on the 47th anniversary of President Obama asked Congress to every woman with decency and respect. Bloody Sunday to recognize the cour- send him a bill that helps small busi- f age of our colleague, Congressman nesses and entrepreneurs succeed, and JOHN LEWIS, and the many forgotten COMMEMORATING MR. LOUIS the JOBS Act does exactly that. MICHOT, JR. heroes of the civil rights movement. f The SPEAKER pro tempore. The Nearly 50 years ago in Selma, Ala- Chair recognizes the gentleman from bama, some 600 demonstrators marched CUTS TO AIR NATIONAL GUARD Louisiana (Mr. LANDRY) for 5 minutes. for equal voting rights for African The SPEAKER pro tempore. The Mr. LANDRY. Mr. Speaker, it is with Americans. They got only as far as the Chair recognizes the gentleman from great sadness that I rise today as Lou- Edmund Pettus Bridge, where State Vermont (Mr. WELCH) for 5 minutes. isiana mourns the loss of another mem- and local lawmen attacked them with Mr. WELCH. Mr. Speaker, I rise ber of the Greatest Generation. Yester- clubs and tear gas and drove them back today to discuss the proposed fiscal day evening, Mr. Louis Michot, Jr., into Selma. Journalists captured the year 2013 cuts to the Air National passed away, and he passed away at the brutality of these attacks, sparking Guard. ripe old age of 89. As I visited with his the public outrage that eventually led Let me preface my remarks by ac- son this morning on the telephone, he to the passage of the Voting Rights Act knowledging that this country does had a nice remark of saying, you know, of 1965. have a serious debt problem that re- my dad would constantly say that if he This Sunday, Congressman LEWIS re- quires that everybody tighten their knew he was going to live that long, he turned to that very bridge that belt. It requires, in my view, that we would have taken better care of him- changed history. Again, he was met by have more revenues so that we can self. Imagine that. a large group of police—but this time have a sustainable budget where every- Mr. Michot was born in 1922 in south they served as his congressional escort. body does their share, from taxpayers central Louisiana. At the age of 24, he Mr. Speaker, we’ve come a long way to every Department in the govern- bravely served our country during in the last 50 years, but we still have a ment. The Air Force has to be in- World War II in the Marine Corps. long way to go in order to ensure cluded. After serving his country, he came equality and justice for all, and I ask But under the Budget Control Act, back and began living the American that my colleagues join with me in the proposal that the Air Force has Dream. He became an entrepreneur. He that work. made to address the cuts that would be required there is to single out and started his own businesses. In 1958, he f bought a restaurant franchise which he focus its knife on the Air National expanded all across south Louisiana. b 1030 Guard. Now, that would affect 5,100 He ventured into other businesses, JOBS ACT guardsmen who would lose their posi- from cattle ranching to real estate to tion. It would also demobilize scores of oil and gas. The SPEAKER pro tempore. The aircraft. Later, in 1960, Mr. Michot sought to Chair recognizes the gentleman from Now, as I mentioned, the Air Guard is serve his community and his State. He Texas (Mr. CANSECO) for 5 minutes. not by any means entitled to be ex- was elected to the State House of Rep- Mr. CANSECO. Mr. Speaker, when it empt from the challenge of coming in resentatives, where he served for 4 comes to our economy, one thing is compliance with the Budget Control years before making a run for Gov- abundantly clear: President Obama’s Act. Here’s the issue: when any Agen- ernor. He reentered the political arena policies have failed. cy—whether it’s the Air Force, the in 1968, when he won a seat on the Lou- We are experiencing the worst Army, whether it is the Department of isiana State Board of Education, and stretch of unemployment since the Education—makes its recommenda- went on to serve the State as the State Great Depression, despite a trillion- tions to comply with the Budget Con- superintendent from 1972 to 1976. dollar stimulus plan that the Obama trol Act, it should be doing so on the Outside the political sphere, Mr. administration said would hold unem- basis of what makes most sense to Michot was an admirable community ployment below 8 percent and despite strengthen that Agency, not to weaken leader, a faithful husband, a loyal record low interest rates. it. friend, and a proud father of 10 beau- The unemployment rate has re- The studies that have been done with tiful children. He passed on his belief of mained above 8 percent for 36 straight respect to the Air Force demonstrate civic responsibility and serving his months, and the Congressional Budget that the Air Guard is extraordinarily community to his children; three of Office estimates that the jobless rate cost effective. The Air Guard is getting them served in public office, one con- will remain above 8 percent through the job done for less money than any tinuing to serve as a district judge, an- 2014. Almost 13 million Americans are other part of that Guard. Obviously, other as a State senator, and another out of work, and the share of unem- the full Air Force is extremely impor- on the parish council. He was a long- ployed people looking for work for tant. But why in the world would you time member of the Lafayette Cham- more than 6 months, or the long-term focus on the Guard when the Guard is ber of Commerce, and he received the unemployment, topped 40 percent in doing the job in a highly professional esteemed Lafayette Civic Cup for his December 2009 for the first time since and successful way—widely acknowl- many community service efforts in 1948 and has remained above that level edged by all studies that have been 1994. ever since. done—and is doing it for less money?

VerDate Mar 15 2010 00:32 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.005 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1215 So, number one, when studies have nies Act. What that’s going to do is it’s b 1040 shown that guardsmen and reservists going to allow temporary relief from In fact, President Obama’s adminis- cost far less than Active Duty members some of the onerous SEC, or Securities tration released what’s called a State- and you’re trying to meet budget con- and Exchange Commission, regulations ment of Administration Policy yester- straints, don’t demobilize the efficient that are on those small businesses. day supporting this very act. We wel- and effective. Number two, the Access to Capital come his support and recognition of Number two, as our force shrinks as for Job Creators Act is going to allow this bill’s innovative solutions to en- a whole, the Air Guard is key to the small companies to raise capital by, sure that small businesses can access military term called ‘‘reversibility,’’ again, removing some of those regu- capital needed to expand, hire, and in- that is, they can serve as a critical latory bans that are in there and that vest. And again, that’s because you, operational and strategic reserve say that a small business can’t use ad- the American people, we here in the should a larger force be needed in the vertisements to go try to get and at- House of Representatives are looking future to meet unforeseen cir- tract investors. Well, in an age of for those real honest solutions. cumstances. That is an essential re- Internet and those kinds of things, that Well, it’s far time that we get gov- quirement of military readiness. has a huge impact. It also brings along ernment out of the way of small busi- Third, the Air Guard can deliver—the a concept that’s been out there called nesses as well, the engine of our econ- Air Guard has delivered. Their record crowdfunding. omy. We need to focus on the real econ- in Afghanistan and Iraq has proven omy, and our priority has to be that that the force can mobilize quickly and That’s the third bill, Entrepreneur Access to Credit Act. It is also going to focus. accomplish the mission with great pro- According to the Kauffman Founda- fessionalism. ease the requirements that allow things like crowdfunding, people being tion, start-up companies created nearly Mr. Speaker, I don’t doubt that these 40 million jobs, 40 million jobs since are very difficult and challenging able to go and spread this out on Facebook and Twitter and Internet and 1980, and the Small Business Adminis- choices for the Air Force command to tration shows small businesses gen- make, and cutting the defense budget to their friends, to pull in those small- dollar investors that are going to be erate over 60 percent of all the new jobs always involves very difficult choices. created here in the U.S. Sixty percent But these cuts that focus as signifi- able to give them the capital that they need to launch that innovative idea. of all those jobs that we are hoping to cantly as they do on the Air Guard, have in this country are created by Well, the fourth is the Small Com- which has proven to be efficient and ef- these small businesses. fective, in my view are unwise. pany Capital Formation Act. It allows In fact, even the World Bank has a I look forward to working with the small businesses to go public by ele- report. It’s called ‘‘Doing Business,’’ House Armed Services Committee and vating the threshold that companies and it showed that the United States the Defense Appropriations Sub- are exempt from $5 million to $50 mil- has fallen to 13th for the ‘‘ease of start- committee to address my concerns. lion. That is going to be able to really, ing a business.’’ f truly impact those small entrepreneurs So with that, Mr. Speaker, I appre- and small business owners who are JOBS ACT ciate this as a key to lasting, honest looking to take their business to the economic recovery. And we need— The SPEAKER pro tempore. The next step. America needs—these real jobs, real so- Chair recognizes the gentleman from The fifth one is the Private Company lutions, and real results right now. Michigan (Mr. HUIZENGA) for 5 minutes. Flexibility and Growth Act. That’s ex- f Mr. HUIZENGA of Michigan. Mr. pected to give small companies more Speaker, I appreciate the opportunity room to grow before having to go pub- STOP MILITARY RAPE to address the House and to address the lic. Currently, there’s a regulation that The SPEAKER pro tempore. The Nation today. says you can have no more than 500 in- Chair recognizes the gentlewoman from As a small business owner, I know vestors in your small company. This California (Ms. SPEIER) for 5 minutes. the importance of fostering and cre- doubles that. This says you can have Ms. SPEIER. Mr. Speaker, I rise ating an environment that promotes up to 1,000. We believe that that is also again this morning to highlight the job creation, economic security and op- epidemic of rape and sexual assault in portunity, and allows especially small going to be able to allow those small businesses who are in transition, who the military. I’m here to decry a code businesses to grow. of dishonor that protects rapists and I also know that Americans and are in that acquisition mode, who are in that growth mode, to be able to go punishes victims. I’m here to call out Michiganders and those in the Second an entrenched chain of command that District in my home State of Michigan up there and be successful. Finally, number six, the Capital Ex- squashes reports of sexual assault be- and across the country are looking for cause they bring unwanted attention real solutions that will grow jobs now. pansion Act would increase the number of shareholders allowed to invest in a to the unit. That’s why I support the JOBS Act. It I stand here today, as I have 15 pre- community bank from 500 to 2,000. Why will jump-start our economy and re- vious times, to tell the story of a U.S. would we include this part? Well, com- store opportunities for America’s pri- servicemember who was raped by a fel- munity banks really are the backbone mary job creators: our small busi- low servicemember and then robbed of of many of those small investors. nesses, start-ups, and entrepreneurs. justice by an unfair system that puts Now, I’ve been around long enough in They’re the ones that they go to too much power in the hands of a sin- my first year here, Mr. Speaker, to un- church with and shop at the grocery gle commander. fortunately see that sometimes you store with. They know their busi- The current system of injustice is have to repackage ideas and put a dif- nesses. They may know that it’s been a shamefully unfair. The story I’m about ferent colored bow on it for people to long-term relationship with that local to tell is of Airman First Class Jessica accept it because what we’re going to community bank. By being able to ex- Nicole Hinves of the United States Air be passing has been passed. I sit on the pand the footprint of those community Force, whose attempt for justice was Financial Services Committee. We’ve banks, we’re going to be able to expand snatched away by a single commander passed a number of these bills—and all their lending power as well to those who was only on the job for 4 days and of these bills, I believe. That’s part of small businesses. reversed a decision to move forward the America’s Job Creators Plan that Well, it’s interesting that here we ac- with a court-martial. the House Republicans have put for- tually have a bipartisan package of The Department of Defense estimates ward. But what we’re doing today is we bills. This isn’t just something that’s that more than 19,000 servicemembers are going to be putting this JOBS Act; the Republicans’ ideas. In fact, in the were raped or sexually assaulted in it’s compromised of six bills that have Financial Services Committee, we had 2010, yet only 13 percent of them actu- been approved by the committee. Very this as bipartisan votes. And really, it ally reported the rape; and of those 13 quickly, those six bills are: truly is going to help create a healthier percent, only 8 percent of the perpetra- One, Reopening the American Capital environment for small businesses to tors were prosecuted and an even Markets to Emerging Growth Compa- hire and expand. smaller number were convicted.

VerDate Mar 15 2010 00:32 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.006 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1216 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Airman First Class Jessica Nicole diction in the hands of an impartial of- High School, Eric Milkowski from Hinves, a former member of the Air fice staffed by experts, both military Monsignor Bonner High School, Jack- Force, was raped in 2009 by a coworker and civilian, but retain it in the mili- son Pierucci from Malvern Preparatory who broke into her room through the tary. School, Thomas Shiiba from Strath bathroom at approximately 3:00 a.m. Now you’ve heard the story of Air- Haven High School, Joseph Sincavage She sought medical care and bravely man Hinves. I will continue to tell sto- from St. Joseph’s Prepatory School, reported the rape. Friends of the rapist ries like hers until this broken system and Eric Csop from Strath Haven High began harassing her, but Airman is fixed. I promise to continue to speak School has been nominated to both the Hinves was not intimidated. She right- out for those who have been victims of Naval Academy and the Air Force ly pursued the matter through the sexual assault or rape in the military. Academy. military’s justice system, and the rap- I urge you to write me at Nominated to the United States Air ist was scheduled to stand trial in his [email protected]. Force Academy are: Caitlin Sullivan from Radnor Senior High School, Re- court-martial. f But the airman who raped Airman becca Bates from Villa Maria Acad- NOMINATIONS FOR THE UNITED Hinves was never prosecuted. His new emy, Kevin Brewer from Monsignor STATES SERVICE ACADEMIES commander intervened and halted the Bonner High School, Meghan Callahan FROM PENNSYLVANIA’S SEV- court-martial. The new commander from Cardinal O’Hara High School, and ENTH DISTRICT had only been on the job for 4 days and Kyle Schwirian from Spring-Ford High had no legal training, but still he dis- The SPEAKER pro tempore. The School. And lastly, to the United States Mer- missed the prosecution and the man Chair recognizes the gentleman from chant Marine Academy are: Kelly Choi who raped Airman Hinves never was Pennsylvania (Mr. MEEHAN) for 5 min- utes. from Garnet Valley High School and brought to justice. Only 4 days on the Peter Heinbockel from Strath Haven job, and the new commander inter- Mr. MEEHAN. Mr. Speaker, let me take a moment to associate myself High School. vened in the judicial proceedings. Mr. Speaker, it’s my privilege to So what happened next? Well, the with the remarks of the gentlelady from California and commend her for nominate these fine young men and rapist was given the award for Airman women to our United States Service her efforts in this point to identify the of the Quarter, and Airman Hinves, Academies, some of the finest institu- steps that can be taken to alleviate the who was then transferred to another tions in the world. These exceptional issue of unaddressed rapes in the mili- base, now suffers from severe panic at- students have demonstrated them- tary. As a former prosecutor, I com- tacks and anxiety. selves to be the best of the best. I in- mend that effort and urge my col- Who can blame a victim for not vite the people of southeastern Penn- leagues, in a bipartisan fashion, to pay wanting to report a rape or other sylvania to join me in honoring them attention to this issue and hope that humiliating assault? The current proc- for their willingness to serve our coun- we might be able to find common ess for adjudicating sexual assault and try, and I wish each and every one of rape in the military is shockingly un- ground to alleviate this injustice. them all of the best in their bright fu- Mr. Speaker, I rise today to honor 36 just and is more likely to punish a vic- tures ahead. tim than a perpetrator. remarkable young people in my own f Airman Hinves was the victim of a district. The following students from violent crime. In response, she did ev- Pennsylvania’s Seventh Congressional b 1050 erything right. But one commander’s District will receive my nomination for WE NEED A GREATER COMMIT- decision stood in the way of a fair pro- the United States Service Academies. MENT TO PEACE AND SECURITY ceeding against the perpetrator. Nominated to the United States Mili- The SPEAKER pro tempore. The In the current military chain of com- tary are: Domenic Luciani from Mon- Chair recognizes the gentlewoman from mand, commanders can issue virtually signor Bonner High School, Nicholas California (Ms. WOOLSEY) for 5 min- any punishment or, in this case, the Gustaitis from B. Reed Henderson High School, Andrew Helbling from La Salle utes. rapist was not punished at all because Ms. WOOLSEY. Mr. Speaker, today College High School, Evan Harkins the command has complete authority marks exactly 125 months to the day from West Chester Bayard Rustin High and discretion over how a degrading that we’ve been at war with Afghani- School, Kunal Jha from Delaware and violent assault under their com- stan. That’s 125 months that we have County Christian High School, Daniel mand is handled. been sending brave young men and McCormick from The Episcopal Acad- Command discretion empowers the women to be maimed and killed in a emy, Ryan Fulmer from Devon Pre- commander to decide if a case goes for- conflict that is not advancing our val- paratory School, Dean Feinman from ward to court-martial. The same com- ues but actually degrading them. mander is empowered to determine Haverford High School, and Isacc Wag- I’ve never believed more fervently which JAG officer will serve as pros- ner graduating from the Pennsylvania that this war is a national security dis- ecutor, which will serve as defense Homeschoolers Accreditation Agency. aster, as well as a national tragedy and counsel, who oversees the investiga- Nominated to the United States a moral catastrophe. tion, and even serve as convening au- Naval Academy are: Maxwell Wiechec What we need, Mr. Speaker, is a thority and, in nonjudicial cases, deter- from West Chester East High School, greater commitment to peace and secu- mine disciplinary action. All these Sean Ridinger from Marple Newtown rity. What we need is a more generous functions are given to the discretion of High School, Timothy Bell from Arch- humanitarian spirit. What we need is one person. Simply put, command dis- bishop John Carroll High School, diplomacy and international dialogue, cretion sets up a dynamic fraught with Micheal Cerrato from Methacton Sen- cooperation, and conflict resolution. conflict of interest and potential abuse ior High School, Fletcher Criswell from What we need is to cherish human life of power. Spring-Ford Senior High School, and human dignity here in the United This chain of command must be dis- Micheal Dartnell from Monsignor Bon- States and on every corner of the rupted. We can no longer accept that ner High School, Thomas Dolan from globe. victims of rape and abuse are beholden Ridley High School, Andrew Driban Yesterday, we lost one of this body’s to the judgment of a single superior. from Garnet Valley High School, Peter fierce champions for these values, our Instead, victims should have the ben- Guo from Conestoga High School, Jo- colleague, Donald Payne. He was a efit of impartiality by objective ex- seph Horn from Roman Catholic High peacemaker, a man of conscience, an perts, which is what my bill, H.R. 3435, School, William Kacergis from The ambassador of decency and compas- the STOP Act does. Episcopal Academy, Alexander La sion. He would not tolerate genocide The STOP Act would take the pros- Bruno from St. Joseph’s Preparatory and despair. He didn’t turn a blind eye ecution, reporting, oversight, inves- School, Brian Landi from Marple New- to human suffering, and he didn’t care tigation, and victim care of sexual as- town High School, Luke Lawrence if it was happening in Newark or Nige- saults out of the hands of the normal from West Chester East High School, ria. He went to some of the most dan- chain of command and place the juris- Michael McKernan from Penncrest gerous places on Earth to make lives

VerDate Mar 15 2010 00:32 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.008 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1217 and conditions better. He was a voice only undocumented crossing, but much After 14 months of running the for the otherwise voiceless. He used his worse—the cartels. I know from many of my House, Republicans haven’t passed a power to advocate for people who were business customers along the U.S. border real jobs bill. I’ll give a great example. otherwise powerless. that this cartel issue is becoming a very seri- Economists and business people know ous issue. Many speak of a blood bath to In the mid-nineties, I observed Rep- come on the Rio Grande River. that the biggest growth markets for resentative Payne at a hearing with I urge you to ask the Congress and our American companies are exports. When the Bush State Department. He was ar- President to not stop the deployment of peo- we support U.S. exports, we are sup- guing, he was pleading with the State ple on the southern border, but to increase porting American economics. But to Department to designate the Darfur them tenfold to protect our U.S. citizens liv- support, we need the Export-Import genocide. He actually had tears in his ing in America. Bank. eyes and tears in his voice, and this is This is much more serious than the media The Ex-Im Bank is a wonder. It pro- a man known for being very mild man- and the government want to admit. vides extremely low-risk loans for busi- Does the U.S. government want a blood nered. bath to take place before they protect our nesses for exports, small business, me- His compelling arguments and his U.S. southern home front? We must stop the dium-size, and big. The U.S. Export-Im- compassion and passion actually made infusion of these cartels at the Rio Grande, port Bank does not cost the American it possible to convince the world to or they will infest the whole United States, taxpayers one penny. It actually makes condemn the Sudan/Darfur govern- as the Chicago cartel did back in the mob money, and it helps American busi- ment’s role in planning and executing days. nesses and workers sell hundreds of bil- the militia’s campaign to kill. His Families are not arming themselves for fun lions of dollars of American goods. leadership had an indelible impact on in south Texas. They are preparing for the In short, the Ex-Im Bank does just worst to come. Many believe the U.S. gov- African nations. what we need to be doing: compete in Congressman Payne shared my belief ernment will not be there when the time comes and we need them. If we don’t stop the world economy with every tool we that the wars we’ve been fighting for them in south Texas, than Houston and Dal- have. the last decade are dreadful mistakes. las will be infested with cartel influence. Study after study, year after year He was one of those who stood with us I have great concerns that they are already says that American export efforts need in 2005, when the war in Iraq was still operating in the Highlands/Baytown area of a huge overhaul. popular, to say no, this is wrong, we southeast Texas. The President is doing all he can. He have to bring our troops home. But he Thanks for your past support and future stood in this well and talked about it also understood that it wasn’t just drive to protect U.S. citizens. and has put forward proposals. But about ending war, Mr. Speaker. It was Mr. Speaker, Mr. Bagi tells us that with simple legislation like the exten- about also leaving something else be- he’s scared to even go to the south sion of the Export-Import Bank, we hind: hope, opportunity, democracy, Texas border region. He is a business- could do very much more. The Export- and human rights. man, and he sees firsthand, as the citi- Import Bank is the center of our export He knew that the key to ending vio- zens who live on the border do, the strategy. lence, terrorism, and instability was to problem with the drug cartels. 1100 build up human capital, to fight hunger He is not alone. Mexico is quickly be- b and disease, to defend and advance coming, in my opinion, a failed state. Now, how does it work? women’s rights, to build strong Texas towns are in danger because the General Electric was recently bidding schools, and provide decent health care Federal Government just does not ade- on a $500 million rail project to supply worldwide. quately defend the homeland. Bureau- 150 diesel-electric locomotives to Paki- We’ve lost Donald Payne. But in his crats in Washington should listen to stan. Pakistani officials told GE they honor, let’s not lose sight of the ideals the people who actually live and work preferred the GE locomotives and were he made his life’s work. Let’s not lose on the southern border. willing to pay a premium for their high sight of the goals he fought for so tena- Unlike what our government wants quality and dependability. ciously. us to believe, the drug cartels do not There was a complication in that the Because of Donald Payne’s example, I stop at the Mexican-Texas border. Even bid from the Chinese locomotive manu- will fight forever for peace and for sta- just last week, our border patrol came facturer included a financing package bility worldwide, and believe me, the under gunfire on the border in Texas with longer terms and drastically re- beginning of this effort will be to bring from the Mexican side of the border. duced fees that GE could not match on our troops home from Afghanistan. Mr. Speaker, we send troops to foreign its own with private sector financing. f nations to protect their borders. Why The Export-Import Bank stepped in don’t we protect our own? with a financing package that matched VOICE OF TEXAS—BILL BAGI: Local sheriffs and the border patrol the Chinese financing package and en- CROSBY, TEXAS do the best they can with what they abled Pakistan to make its decision on The SPEAKER pro tempore. The have, but it’s just not enough. It’s real- a true apples-to-apples comparison of Chair recognizes the gentleman from ly past time for the Federal Govern- American and Chinese goods. Texas (Mr. POE) for 5 minutes. ment to step up and make Mr. Bagi and We can win that one. We can win it Mr. POE of Texas. Mr. Speaker, like all Americans feel safe again. After all, always when we have a level playing many Members of Congress, I receive the Constitution actually requires the field. That’s what the Export-Import thousands of emails from my neighbors Federal Government to protect the Bank does. It helps us compete. each month about the issues that are homeland. It’s not just big businesses—GE, Boe- important to them. Since I work for And that’s just the way it is. ing. It is also that every office in the them and I’m their advocate, it is im- f Congress receives a letter once a portant that I bring their words di- month from the Export-Import Bank, rectly to the House floor and let other WHERE ARE THE JOBS? telling us of the companies that got Members hear what I call the pulse of The SPEAKER pro tempore. The that service in our districts. Nucor Texans. Chair recognizes the gentleman from Steel, Brooks Rand Labs, NOVA Fish- Bill Bagi, from Crosby, Texas, re- Washington (Mr. MCDERMOTT) for 5 eries, American Wine Trade, Coastal cently wrote me about the deterio- minutes. Environmental Systems, International rating condition of our southern border Mr. MCDERMOTT. Mr. Speaker, this Lubricants, which are all in my dis- with Mexico. Here’s what he has to say: week is yet another week in which the trict, receive the support of the Ex- I own and operate a heavy, specialized House of Representatives has done vir- port-Import Bank. Without it, they trucking company and transport specialized tually nothing. We heard my col- could not have done business on their freight around the USA and Canada. One- leagues say they’re repackaging some own. fourth of my freight ends up in the south Texas towns of McAllen, Pharr, and Browns- bills, putting a new bow around it, and Now, in the past year, not only have ville, and other towns. they’re going to pass it out of here. It’s we supported $34 billion worth of ex- Over the last 10 years, I have watched the a press release for the week that they ports and 227,000 jobs in 3,300 companies border in south Texas deteriorate with not go home. in this country, but the U.S. Treasury

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.010 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1218 CONGRESSIONAL RECORD — HOUSE March 7, 2012 has gotten back $3.4 billion in fees from against the siege and onslaught of is very much a part of it. Polycystic the loans they make. women’s access to health care. Let me ovarian syndrome is helped by contra- So where are we? be very clear: women’s access to health ceptives. Mr. Speaker, all of these— Fifty countries in the world do this. care is not a battle about a woman’s endometriosis, the lack of menstrual China is using every tool available to choice or the utilization of contracep- periods, menstrual cramps, pre- it, including this one; but the House tives or family planning. It is, simply, menstrual syndrome—are helped by Republicans sit over there with their women’s access to health care. The treatment and access to women’s heads stuck in the sand, and we’re issue of birth control is an issue of health. about a month away from it expiring. women’s health care. Let me give you Let me finally say in conclusion that We should increase the amount of a recent study’s commentary by the when you cut Medicaid, you cut poor money we allow the Export-Import National Women’s Law Center: women’s access to health care. I will Bank to use. Remember, the Export- It found that 25-year-old women have stand and fight for women’s access to Import Bank makes money on ex- been charged up to 84 percent more health care and their own decisions be- tremely low-risk loans to support tens than their male contemporaries for in- cause it is part of the American way. of thousands of jobs in the United dividual health plans that specifically So let us stand together, united as a States. Why aren’t we working on this exclude maternity coverage. Let me be Nation, being fair and open to all opin- kind of jobs legislation? Well, it’s be- very clear: 84 percent higher than a ions, but never denying a woman, along cause the President asked for it. They male’s plan to allow a woman to have with every other American, access to are so determined, Mr. Speaker, to pre- access to health care. Therein lies the health care. vent the President from being re- purpose of the Affordable Care Act— f elected that they won’t do what’s good not individual mandates but to be able for American business and what’s good to even the playing field for women’s RECESS for American workers. health care. Therefore, let me indicate This is not partisan. These small The SPEAKER pro tempore. Pursu- that using or not using birth control or ant to clause 12(a) of rule I, the Chair companies are all over our districts. family planning is an individual mat- They want to make loans. They want declares the House in recess until noon ter, but you cannot obtain those with- today. to make sales overseas. They need the out a prescription. It should be a deci- help of this bank, and the Republican Accordingly (at 11 o’clock and 9 min- sion between a woman, her conscience, leadership sits—I don’t know where utes a.m.), the House stood in recess. her doctor, and certainly her faith. So they are. They’re somewhere in a dark I wish to address the recent tenor of f room. Somebody should turn on the the debate on birth control. b 1200 light and tell them there is some stuff A young law student, Sandra Fluke, to be done and to get out here and pass came before this body, before the Mem- AFTER RECESS a real bill, not this jobs cockamamie bers of Congress, and testified regard- The recess having expired, the House thing we’re going to do in a few days ing coverage for family planning and about repackaging stuff we’ve already was called to order by the Speaker at contraceptives. She was then publicly passed. noon. derailed as being a slut and a pros- f titute. I would hope the days of deroga- f WOMEN’S ACCESS TO HEALTH tory terms to silence women’s opinions PRAYER are over forever, particularly when CARE The Chaplain, the Reverend Patrick they speak about truth. She recounted The SPEAKER pro tempore. The J. Conroy, offered the following prayer: the story of a young friend who lost an Chair recognizes the gentlewoman from God of the universe, we give You ovary. Texas (Ms. JACKSON LEE) for 5 minutes. thanks for giving us another day. Ms. JACKSON LEE of Texas. This is Let me repeat: she, Ms. Fluke, re- counted a story of a young friend who Lord, You have promised to be with a month that we note as celebrating all people wherever they are, whatever women and women’s history as a major lost an ovary due to polycystic ovarian fibroids, which can be managed by con- their need. We reach out in prayer for component of the wonderful history of the homeless, the poor, those anxious the greatest Nation in the world. How traceptives through prescription. Un- fortunately, that young woman could about the future, those who are ill, or proud we are of a Nation that supports those to whom freedom has been de- people’s rights no matter your walk of not afford contraceptives and had to endure terrible pain. As a result of ask- nied. life or religious background or ethnic Bless the Members of this people’s background; and how proud we are now ing for help to address female law stu- dents’ health concerns, Ms. Fluke, in House. Inspire them as representatives in 2012 to note that there are men and of the American people to labor for jus- women on the front lines, on the bat- coming to this body as an American citizen, as is her right to petition and tice and righteousness in our Nation tlefields defending America’s freedom. and our world, mindful of Your concern So I rise today to continue my advo- speak to the Members of Congress, was for those most in need. cacy for women’s rights. I note that I called a slut and a prostitute by an en- For all the riches of our human expe- have been a proponent of women’s tertainment talk-show host. rience, O Lord, we give You thanks. rights from the earliest part of my ca- Calling women these sorts of names Make us aware of our responsibilities reer as a lawyer, as a civic participant, is no more than vile, underhanded and as stewards of Your divine gifts and as a civilian in my hometown of Hous- a way of defeating one’s right to speak. ton, as a mother, certainly as a wife, I don’t deny the right of entertainers empower us with Your grace to faith- and as a public servant now as a Mem- and talk-show entertainers and flam- fully and earnestly use our talents in ber of the United States Congress. boyant conversationalists to speak all ways that bring understanding to our I am delighted to acknowledge the day, but there has to be a defining mo- communities and our Nation and peace Congressional Women’s Caucus and to ment of dignity and respect to any- to every soul. note that the mission of the Women’s one’s disagreement. So I hope more and May all we do be done for Your great- Caucus is to improve the lives of more advertisers will recognize that a er honor and glory. women and their families. Since 1977, woman’s power is greater than the in- Amen. the caucus has focused on issues that dividual entertainer’s power. Drop off f are pertinent to women—from fair of that show. Drop off one by one, day credit to child support, equitable pay, by day. Leave them to the old-fash- THE JOURNAL retirement income, preventing domes- ioned medicine of the 1800s—the pills The SPEAKER. The Chair has exam- tic violence at home and internation- that will cure all. Let the old doc medi- ined the Journal of the last day’s pro- ally, and of course preventing sexual cine be their advertisers. That’s about ceedings and announces to the House assault. the level that they should be at. his approval thereof. So I rise today with a degree of con- Women’s health is so very important; Pursuant to clause 1, rule I, the Jour- sternation and a resounding stand and at some point, reproductive health nal stands approved.

VerDate Mar 15 2010 01:16 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.012 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1219 PLEDGE OF ALLEGIANCE And that’s just the way it is. the House for 1 minute and to revise The SPEAKER. Will the gentleman f and extend his remarks.) Mr. GENE GREEN of Texas. Mr. from Pennsylvania (Mr. THOMPSON) GIRL SCOUTS OF RHODE ISLAND come forward and lead the House in the Speaker, last Friday, March 2, 2012, (Mr. CICILLINE asked and was given Pledge of Allegiance. marked Texas Independence Day. permission to address the House for 1 Mr. THOMPSON of Pennsylvania led It was 176 years ago that the Texas minute.) the Pledge of Allegiance as follows: Declaration of Independence was rati- Mr. CICILLINE. Mr. Speaker, I rise fied by the convention of 1836 at Wash- I pledge allegiance to the Flag of the today to honor Girl Scouts of Rhode Is- United States of America, and to the Repub- ington-on-the-Brazos, Texas. lic for which it stands, one nation under God, land, a program that strives to help A military dictatorship took over indivisible, with liberty and justice for all. young girls become model citizens. Mexico, abolishing the Mexican Con- In honor of the 100th anniversary of stitution. The dictatorship refused to f the Girl Scouts of America, as well as provide trial by jury, freedom of reli- MESSAGE FROM THE SENATE National Women’s History Month, I’m gion, public education for its citizens, A message from the Senate by Ms. pleased to recognize the contributions and allowed the confiscation of fire- Curtis, one of its clerks, announced that the Girl Scouts have made in arms. The last one being the most in- that the Senate has passed a bill of the Rhode Island where it has reached 9,400 tolerable, particularly among Texans. following title in which the concur- girls through its 770 troops in the past Failure to provide these basic rights rence of the House is requested: year. violated the sacred contract between a More than just going door to door S. 1886. An act to prevent trafficking in government and its people. Texas did counterfeit drugs. selling Thin Mints and Tagalongs to what we still do today, stood up for our their friends and neighbors, the Girl rights. In response, the Mexican Army The message also announced, that Scouts of Rhode Island provide young marched to Texas, waging a war on the pursuant to the provisions of S. Con. women and girls across our State with land and the people, enforcing the de- Res. 35 (One Hundred Twelfth Con- the opportunity to take part in a group crees of the military dictatorship gress), the Chair, on behalf of the Vice that builds girls of honor, confidence, through brute force and without any President, appoints the following Sen- courage, and character who make the democratic legitimacy. ators to the Joint Congressional Com- world a better place and giving them a As future Texas President and Gov- mittee on Inaugural Ceremonies: foundation for success later in life. ernor Sam Houston, along with other The Senator from Nevada (Mr. REID); The Girl Scouts of Rhode Island delegates, signed the Texas Declara- The Senator from New York (Mr. should take great pride in the work tion of Independence, General Santa SCHUMER); and they do every day. Anna’s army besieged the independence The Senator from Tennessee (Mr. I congratulate the Girl Scouts of forces at the Alamo in San Antonio. ALEXANDER). Rhode Island on their incredible work. Yesterday, March 6, 176 years ago, 4 f f days after the signing, the Alamo fell with Lieutenant Colonel William Bar- ANNOUNCEMENT BY THE SPEAKER CBO PROJECTS HIGH rett Travis, former Tennessee Con- UNEMPLOYMENT UNTIL 2014 The SPEAKER. The Chair will enter- gressman David Crockett, and approxi- tain up to 15 requests for 1-minute (Mr. WILSON of South Carolina mately 200 other Texas defenders. speeches on each side of the aisle. asked and was given permission to ad- In a dramatic turnaround, Texans f dress the House for 1 minute and to re- achieved their independence several vise and extend his remarks.) PORTS CAUCUS weeks later on April 21, 1836. Roughly Mr. WILSON of South Carolina. Mr. 900 members of the Texas Army over- (Mr. POE of Texas asked and was Speaker, last month the Congressional powered a larger Mexican force. I’m given permission to address the House Budget Office released a report which proud to represent the San Jacinto for 1 minute.) stated that our Nation’s unemploy- Battlefield and State Park. Mr. POE of Texas. Mr. Speaker, last ment rate is not expected to dip below God bless Texas and God bless Amer- week, Congresswoman JANICE HAHN 8 percent until 2014, which reveals the ica. (CA) and I hosted the inaugural event President’s policies have failed and de- f for the bipartisan congressional stroyed jobs. America is experiencing PORTS Caucus. the longest stretch of high unemploy- THE JOBS ACT The PORTS Caucus currently in- ment since the Great Depression. The (Mrs. CAPITO asked and was given cludes a bipartisan group of 42 Mem- study also concluded that if every permission to address the House for 1 bers of Congress, representing 19 States American searching for employment minute and to revise and extend her re- and two territories. were counted, sadly our unemployment marks.) I represent several ports in southeast rate would be around 15 percent. Mrs. CAPITO. Mr. Speaker, today Texas, and I am pleased that our Na- When the President lobbied for his we’re considering a bipartisan legisla- tion’s ports now have a voice in Con- economic plan, he promised that our tive package called the JOBS Act, gress. Ms. HAHN represents ports on the unemployment rate would not exceed 8 Jumpstart Our Business Startups. This west coast. percent. Instead, February marks the is what our constituents want us to do, Ports are critical to our national se- 36th month where the unemployment and they want to see us get it done. curity and our economic security. They rate has been above 8 percent. This is a The JOBS Act is a legislative pack- are America’s link to the rest of the tragedy for American families. age designed to move our economy and world, whether it’s the food we eat, the House Republicans are focused on restore opportunities for America’s pri- car we drive, the light bulb we use in putting American families back to mary job creators, our small busi- our homes, or the clothes we wear. work. I urge the President and the lib- nesses, start-ups, and entrepreneurs. Every American household is impacted eral-controlled Senate to take imme- These measures create capital forma- by some activity at our ports. diate action of the dozens of job-cre- tion, will spur the growth of start-ups The PORTS Caucus will raise aware- ation bills that have passed the House and small businesses, and pave the way ness and educate others about the with bipartisan support. for more small-scale businesses to go major issues important to American In conclusion, God bless our troops public and create more jobs. ports. and we will never forget September the As I said, this has broad bipartisan I look forward to working with Con- 11th in the global war on terrorism. support. Of the six bills, only 32 Mem- gresswoman HAHN, and I want to thank f bers voted ‘‘no’’ on all six of these bills her for thinking of this idea; I look for- as they moved through the House and ward to working with other Members TEXAS INDEPENDENCE DAY the committee. of Congress to ensure economic growth (Mr. GENE GREEN of Texas asked In his State of the Union, the Presi- in America. and was given permission to address dent asked us to send him a bill that

VerDate Mar 15 2010 01:16 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.016 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1220 CONGRESSIONAL RECORD — HOUSE March 7, 2012 helps small businesses and entre- Iranian regime that threatens them Let’s lower energy costs for all preneurs, and that’s exactly what the with annihilation. Americans, and let’s get our economy JOBS Act does. We’re presented with In these circumstances, we must do growing again. what is right and stand with our an opportunity to act in a truly bipar- f tisan fashion that will promote job friends and allies, the Israeli people. growth across our Nation. So we should I’ve been proud to do so in this Cham- GAS PRICES join together, I believe, as Republicans ber, and I will continue to do so in the (Ms. CHU asked and was given per- and Democrats, House and Senate, to weeks and months ahead. mission to address the House for 1 give the President the piece of legisla- f minute.) tion so he can sign it into law. CREATE JOBS Ms. CHU. Mr. Speaker, have you been f (Mr. BACA asked and was given per- to the gas station recently and been shocked? Gas is above $4 a gallon, in CASSIUS S. WILLIAMS mission to address the House for 1 minute.) many parts of the country, and climb- (Mr. BUTTERFIELD asked and was Mr. BACA. Mr. Speaker, 56 percent of ing. That’s 29 cents more than only a given permission to address the House Americans think that creating new month ago. Families everywhere are for 1 minute.) jobs should be Congress’ number 1 pri- feeling the pinch. Mr. BUTTERFIELD. Today, I rise to ority, but since taking control of the But why? congratulate Cassius S. Williams, a House, the Republicans have yet to It doesn’t make sense. Supply is up. dear friend, who is the recipient of pass one single jobs bill. We’ve quadrupled U.S. drilling rigs North Carolina State University’s Republicans have been more inter- over the past 3 years. Oil production is Watauga Medal Award. ested in obstructing than finding solu- at its highest in a decade. Last year, Each year, NC State honors alumni tions. They said ‘‘no’’ to the American the import of oil fell to its lowest level for outstanding contributions to the Jobs Act. Then they introduced a in 16 years. university by bestowing on them the transportation bill that would cut The answer is Wall Street specu- Watauga Medal Award. 550,000 jobs. Now with gas prices on the lators who buy oil and hoard it. They Recipients of this historic award un- rise, they refuse to roll up their sleeves take it off the market and lower supply derstand the enormous value of edu- and get to work. until the price goes way up. Then they cation, and their commitment to that We should be voting today on legisla- sell it and make a killing off the Amer- idea has generated immeasurable pros- tion to cut billions in tax breaks for ican people. That’s not fair. perity for communities across Amer- big oil companies, crack down on spec- We can’t drill our way out of this ica. ulators who are inflating prices at the problem. We must end Wall Street Watauga Medal Award recipients are pump, and invest in new sources such speculation, end subsidies for the oil candles in the dark, men and women of as solar energy and new energy. But in- companies, and end the political rhet- great purpose who have injected their stead, we have more of the same par- oric. Let’s have real solutions to the talents into the lifeblood of North tisan gridlock from the Party of No. problems. Carolina State University. Our constituents deserve more. f Mr. Speaker, this week Cassius S. America deserves more. Let’s get to Williams of Greenville, North Carolina, work now. Lower the gas prices and AFTER-BIRTH ABORTION joined the ranks of great servants as create jobs. (Mr. PITTS asked and was given per- its newest honoree. Without a doubt, f mission to address the House for 1 his work will continue to foster a bet- HIGH ENERGY PRICES minute and to revise and extend his re- ter education for our children that will marks.) (Mr. YODER asked and was given create a brighter future for North Mr. PITTS. Mr. Speaker, on Feb- permission to address the House for 1 Carolina. ruary 23, the Journal of Medical Ethics minute and to revise and extend his re- The House of Representatives appre- published an article, entitled, ‘‘After- marks.) ciates Cassius Williams. birth abortion: why should the baby Mr. YODER. Mr. Speaker, today I f live?’’ rise to call attention to the millions of The authors argue that an infant b 1210 families and small business owners child can be killed since they do not across America who are feeling the im- MORE IMPORTANT THAN EVER TO have the same moral status as a ‘‘per- STAND BY ISRAEL pact of high energy prices. According to AAA, the national aver- son.’’ They go even further to say that (Mr. HULTGREN asked and was age of a gallon of gasoline currently adoption is not always in the best in- given permission to address the House stands at $3.77, with no sign of relief in terest of an unwanted child. for 1 minute.) the near future. Couple this with high- The furor over this article has been Mr. HULTGREN. Mr. Speaker, yes- er utility rates, and Americans are immense. Unfortunately, the editors terday I had the opportunity to meet struggling under the weight of ever-in- defend publishing this article on the with many of my constituents who creasing energy costs. Yet Washington basis that there should be reasoned en- were here to advocate for continued continues to attempt to pile more reg- gagement on the subject. support for Israel. I had the oppor- ulations and higher taxes on energy This article may have the form of tunity to listen to Prime Minister producers in this country. scholarly argument, but its substance Netanyahu’s remarks on the impor- Let’s be clear: higher energy taxes, is madness. The authors maintain that tance of the American-Israeli alliance more utility mandates, and bigger reg- a baby can only be granted personhood and friendship. I’m here to tell them ulatory burdens drive up the cost of en- through the recognition of other today that I could not agree more, and ergy production. Washington will not human beings. They fundamentally re- that at no time has the bond between lower energy costs for Americans by ject something that we all hold dear: our countries been more important. placing further roadblocks in the way that all men are endowed by their Cre- In an increasingly uncertain and un- of energy production in this country. ator with the right to life. stable region in the world, Israel has As workers sit idly waiting to con- A healthy amount of anger over this proven time and again to be a steadfast struct the Keystone pipeline and util- article is not only natural but also friend. In a region governed at best by ity and energy producers work to re- right. It is shocking and sad to see fledgling democracies with uncertain move government burdens and barriers, such destructive arguments given cre- futures and at worst by brutal authori- the American people are losing. It’s dence in a premier medical journal. tarian dictatorships, Israel is a cham- time we get the Federal Government f pion of democracy and freedom. out of the way and work together to- But today Israel is surrounded by in- wards bipartisan solutions that get WHERE ARE THE JOBS? creasingly unstable neighbors. Just America producing domestic sources of (Mr. JOHNSON of Georgia asked and over the horizon, they’re faced with an energy in all forms. was given permission to address the

VerDate Mar 15 2010 01:16 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.021 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1221 House for 1 minute and to revise and tribute to a true champion for edu- giving a shout-out to the PORTS Cau- extend his remarks.) cation, Jan Harp Domene, who passed cus, showing this country that we can Mr. JOHNSON of Georgia. Mr. Speak- away this past Monday. work together on issues that matter to er, this is supposed to be the people’s Jan was a fervent advocate for chil- the people of America. House, but for 428 days of Republican dren. She was serving our community Mr. Speaker, yesterday was Super leadership, the American people have for more than 35 years with the Parent Tuesday, but this year’s campaign has been stuck on the outside looking in. Teacher Association, and she eventu- been anything but super. Thanks to the House Tea Party Republicans have ally became the head of the PTA in Supreme Court’s misguided decision in locked millions of Americans out of 2007, the National PTA. the Citizens United case, a handful of this economy and thrown away the During her time with the PTA, Jan Super PACs, funded by billionaires and key. facilitated collaborative partnerships special interest groups, have domi- Republicans have gambled on tax with many education, health, safety, nated this year’s elections. But it cuts for millionaires, oil companies, and child advocacy groups to benefit doesn’t have to be this way. Four years and special interests and fought to lay children and provide valuable resources ago, the Republican nominee for Presi- off droves of teachers, cops, and fire- to PTA members. As President, she dent, JOHN MCCAIN, was a leading voice fighters, all in an effort to see Presi- raised the level of parent involvement in reforming how we pay for cam- dent Obama and our recovery fail. nationwide by increasing PTA member- paigns. In this body, Republican Chris Now, after 2 years of private sector ship and also by accessing very diverse Shays fought to clean up elections. job growth under President Obama, Re- communities. That’s why I’ve come to the floor publicans claim that they now have a Jan Harp Domene was the product of today, to ask my Republican friends to jobs plan. Well, I’m going to tell you, public schools in Orange County, and join with me and with people like JOHN rooting against the President, hoping she knew firsthand the intricate needs MCCAIN and Chris Shays in supporting that he will fail, is not a jobs plan. of our community and children. After the DISCLOSE Act, a law that would That’s called sabotage. serving as the national president of the shine a very bright light on these Republicans have defaulted on their PTA, she returned to Anaheim and be- Super PACs. This law would let us promises to the American people that came a trustee on our Anaheim Union know who is paying for these ads, and they would work to create jobs. In- High School board. it would require these invisible power stead, they have started a war against She was a role model. She actually brokers to appear in their ads just like women’s health. was a family friend. I remember, as a the candidates do. If we came together How much longer will Americans young child, my mother would get calls to change this, it really would be with no jobs, no hope, and no money from Jan if I was out of line. super. have to wait before the Republicans Both locally and nationally, we are f pass a jobs bill? better off because of Jan, and I am hon- NATIONAL TEACH AG DAY f ored, and I hope that my colleagues will honor her, also. (Mr. CHANDLER asked and was THE BENEFITS OF given permission to address the House CONTRACEPTION f for 1 minute.) (Ms. SCHAKOWSKY asked and was b 1220 Mr. CHANDLER. I rise today to honor the third annual celebration of given permission to address the House THE ROAD TO ECONOMIC PROS- National Teach Ag Day, on March 15, for 1 minute.) PERITY AND ENERGY INDEPEND- which is a day designed to raise aware- Ms. SCHAKOWSKY. Mr. Speaker, at ENCE ness of the need for more agriculture a speak-out on women’s right to birth (Mr. MORAN asked and was given control, I solicited comments from the teachers. It encourages people to con- permission to address the House for 1 sider a career as an agriculture teach- huge audience that attended, and here minute and to revise and extend his re- are a few. er, and it celebrates the positive con- marks.) tributions these teachers make in their Reverend Luke Pepper writes: Mr. MORAN. Mr. Speaker, we need a As a Christian and as a minister, I believe schools and communities. multiyear, adequately funded transpor- Every day, agriculture teachers help that it is important and necessary that we tation authorization before it expires promote the quality of health care and live- students develop the skills necessary lihood of the families in this country. Pro- at the end of this month. to become leaders and contributing viding access and availability of quality con- There is no question but gas prices members of society. These educators traception to women is the right and moral are too high, but when the speculation teach by doing, not just by telling. And thing to do. subsides and when the world’s oil price by sharing their passion with young A young anonymous woman wrote: starts to decline, the price at the pump people, they prepare students for suc- I’m a virgin. I take birth control because I won’t go down proportionately because cessful careers, whether they choose to have polycystic ovary syndrome, and it will it will be seized by the big oil compa- go into the field of agriculture or not. reduce my risk of uterine cancer. nies as an opportunity to further pad There are currently over 10,000 agri- Diane writes: their profits. That’s when we need to culture teachers serving almost 1 mil- My oldest son is on the autism spectrum. implement a substantially but gradu- lion students in all 50 States and in Nearly 6 years after he was born, my hus- ally funded Federal gas tax. That’s Puerto Rico, but it is estimated that band and I judged our family ready to sup- what we need to fund our Nation’s in- there will be hundreds of unfilled posi- port and nurture a second child. If, through frastructure that has deteriorated for tions across the United States this the lack of access to birth control, we had the last 20 years while the gas tax has year. been forced to risk an unplanned pregnancy not been increased. National Teach Ag Day is a nation- before we were ready, we would not have had That’s what we need to do, Mr. wide effort to bring attention to the the resources—financial or emotional—to Speaker, because the fact is that the give our older son the care and support he need for more agriculture educators in needed that enabled him to become the fine big oil companies have been taking us the U.S. and to raise awareness of the young man he is. Nor would we have been for a ride on a pothole-filled highway. valuable role these teachers fill in our able to devote full care and attention to his It’s time to get into an energy-efficient schools and communities. beloved young brother. vehicle and on the road to economic f f prosperity and energy independence. GAS PRICES f TRIBUTE TO JAN DOMENE (Mr. ROGERS of Alabama asked and (Ms. LORETTA SANCHEZ of Cali- SUPPORT THE DISCLOSE ACT was given permission to address the fornia asked and was given permission (Ms. HAHN asked and was given per- House for 1 minute.) to address the House for 1 minute and mission to address the House for 1 Mr. ROGERS of Alabama. I want to to revise and extend her remarks.) minute.) talk today about gas prices. Ms. LORETTA SANCHEZ of Cali- Ms. HAHN. I would like to thank my I represent a poor, rural congres- fornia. Mr. Speaker, I rise today to pay colleague, Congressman TED POE, for sional district where, unlike in the big

VerDate Mar 15 2010 01:16 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.023 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1222 CONGRESSIONAL RECORD — HOUSE March 7, 2012 cities, you have to have an automobile hundreds of thousands of concerned suant to clause 2(b) of rule XVIII, declare the to get around. In the 10 years I’ve been citizens, 140,000 and counting, have House resolved into the Committee of the in Congress, I have not had any issue signed a petition to the White House. Whole House on the state of the Union for consideration of the bill (H.R. 3606) to in- that has upset my constituents more, The petition calls on the administra- crease American job creation and economic including the wars, than the gas prices tion to stop expanding trade with Viet- growth by improving access to the public we had 3 years ago. Yet here we are nam at the expense of human rights. capital markets for emerging growth compa- back in the same situation, with the I know it’s hard for all of us here in nies. The first reading of the bill shall be dis- prices of $105 for a barrel and $3.75 for this Chamber to imagine, but in Viet- pensed with. All points of order against con- a gallon of gas, and nothing has been nam, the mere act of composing songs sideration of the bill are waived. General de- done over the last 3 years by this ad- can be sufficient grounds for the Com- bate shall be confined to the bill and shall ministration to deal with this issue. munist government to put someone in not exceed one hour equally divided and con- trolled by the chair and ranking minority More recently, the Keystone pipeline, jail. In fact, that’s exactly what hap- member of the Committee on Financial which would have helped bring a lot pened to Viet Khang, a Vietnamese cit- Services. After general debate the bill shall more oil into the marketplace by izen who was arrested and who is cur- be considered for amendment under the five- bringing it down from Canada to our rently being detained for merely com- minute rule. In lieu of the amendment in the refineries on the coast, has been denied posing and singing two protest songs nature of a substitute recommended by the by the President. about his own country. This arrest and Committee on Financial Services now print- He needs to be doing some things to many others in recent years are issues ed in the bill, an amendment in the nature of a substitute consisting of the text of the help us. He says that people say, Drill, that have to be at the forefront of our Rules Committee Print 112–17 shall be con- drill, drill, and that that won’t solve trade negotiations with the Viet- sidered as adopted in the House and in the our problem. Well, the fact is it might namese Government. Committee of the Whole. The bill, as amend- have if we’d started 3 years ago when I urge my colleagues to join me in ed, shall be considered as the original bill for we had the last burst of high gas urging the President to put freedom the purpose of further amendment under the prices. He’s right, it won’t help deal and human rights first. five-minute rule and shall be considered as read. All points of order against provisions with the current problem, but this is f going to continue to be a perpetual in the bill, as amended, are waived. No fur- ther amendment to the bill, as amended, problem if he doesn’t make some COMMENDING PRESIDENT BARACK OBAMA’S COMMITMENT TO shall be in order except those printed in the changes. He needs to authorize the report of the Committee on Rules accom- drilling in the Outer Continental Shelf AMERICAN ENERGY panying this resolution. Each such further and in ANWR, and he needs to pass the (Mr. FALEOMAVAEGA asked and amendment may be offered only in the order Keystone pipeline. was given permission to address the printed in the report, may be offered only by a Member designated in the report, shall be f House for 1 minute and to revise and extend his remarks.) considered as read, shall be debatable for the GAS PRICES ARE RISING time specified in the report equally divided Mr. FALEOMAVAEGA. Mr. Speaker, (Ms. HANABUSA asked and was and controlled by the proponent and an op- President Obama recently announced ponent, shall not be subject to amendment, given permission to address the House $30 million in new funding as part of and shall not be subject to a demand for divi- for 1 minute.) his energy research strategy to reduce sion of the question in the House or in the Ms. HANABUSA. Gas prices are ris- our reliance on foreign oil and to pro- Committee of the Whole. All points of order ing. We’ll see an average, some predict, vide Americans with new choices for against such further amendments are of $5 per gallon by this summer. Some vehicles that do not rely on gasoline. waived. At the conclusion of consideration of places are already there. This crucial investment in advanced the bill for amendment the Committee shall Voices are rising, asking us, What rise and report the bill, as amended, to the energy research will promote American House with such further amendments as may are we doing to bring gas prices down? innovation to diversify our Nation’s Mr. Speaker, we can agree that we have been adopted. The previous question energy resources and create new jobs. shall be considered as ordered on the bill, as must go beyond short-term fixes and Under President Obama’s leadership, amended, and any further amendment there- that we must cure ourselves of this Na- America is now producing more oil to to final passage without intervening mo- tion’s petroleum addiction. Yes, it is than at any time in the last 8 years, tion except one motion to recommit with or an addiction. and our dependence on foreign oil is at without instructions. Our constituents are asking, What’s a 16-year low. Over the last 3 years, the The SPEAKER pro tempore (Mr. causing it? What’s causing these gas Obama administration has approved THOMPSON of Pennsylvania). The gen- prices? dozens of new pipelines and has opened tleman from Texas is recognized for 1 We know, when Iran threatens to millions of acres for oil and gas explo- hour. close the Strait of Hormuz, prices soar. ration. The Obama administration has Mr. SESSIONS. Mr. Speaker, for the This is because one-fifth of the world’s also implemented the toughest fuel purpose of debate only, I yield the cus- oil supply goes through those straits. economy standards in history, which tomary 30 minutes to my friend, the Mr. Speaker, America’s vision of our will cut oil consumption by 12 billion gentleman from Colorado (Mr. POLIS), energy future must go beyond the next barrels and save American families $1.7 pending which I yield myself such time gas pump. We must look at the fun- trillion over the next 10 years. as I may consume. During consider- damentals of a new policy. Yes, diplo- Mr. Speaker, I commend President ation of this resolution, all time yield- macy is part of that, but more impor- Obama for taking these important ed is for the purpose of debate only. tantly, it’s us. We must join hands to steps to promote and to enhance our GENERAL LEAVE self-sufficiency and truly be committed Nation’s energy needs. Mr. SESSIONS. Mr. Speaker, I ask to renewable resources. The President unanimous consent that all Members f proudly pointed out to the marines and may have 5 legislative days to revise Navy in the State of the Union: 50 per- b 1230 and extend their remarks. cent sustainability. Let’s adopt that PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. Is there policy. OF H.R. 3606, JUMPSTART OUR objection to the request of the gen- f BUSINESS STARTUPS ACT tleman from Texas? There was no objection. WE MUST PUT FREEDOM AND Mr. SESSIONS. Mr. Speaker, by di- Mr. SESSIONS. Mr. Speaker, today I HUMAN RIGHTS FIRST rection of the Committee on Rules, I rise in support of this rule and obvi- (Mrs. DAVIS of California asked and call up House Resolution 572 and ask ously the underlying bill. House Reso- was given permission to address the for its immediate consideration. lution 572 provides a structured rule for House for 1 minute.) The Clerk read the resolution, as fol- H.R. 3606, that Jumpstart Our Business Mrs. DAVIS of California. Mr. Speak- lows: Startups, or what we also call the er, I rise today to speak on an inter- H. RES. 572 JOBS Act. The bill was introduced on national issue that merits our atten- Resolved, That at any time after the adop- December 8, 2011, by my friend, a tion here in Congress. This month, tion of this resolution the Speaker may, pur- bright young man who is one of the

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.026 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1223 brand-new leaders of our conference, a system, investors, and opportunities lize market-based solutions, and we freshman, the gentleman from Ten- back home. Those bills are waiting need to make it legal. nessee, STEPHEN FINCHER, and was or- over in the Senate, and today we’re There are two bills from Congress- dered reported by Chairman BACHUS simply going to add to that. man SCHWEIKERT from Arizona: one and the Committee on Financial Serv- The big difference is the President that would allow more businesses to go ices on February 16, 2012, by a near- has now said, You guys have got a good public, gathering investment and unanimous vote of 54–1. idea. The day the President agrees with growth, and a second bill which raises Members on both sides of the aisle House Republicans and House Demo- the threshold number of shareholders have had an opportunity and will have crats is a great day for our country. So, required from mandatory Securities opportunities to submit perfecting the good news out of Washington today and Exchange Commission registration ideas. Thank goodness the Rules Com- is STEPHEN FINCHER had a good idea the for all companies. mittee allows this sort of thing to hap- President agrees with, and we’re going And finally, there is a bill by Con- pen now that Republicans are in to do something about that. gressman QUAYLE from Arizona which charge. The structured rule before us Our economy has a credit problem, increases the threshold number of allows for 17 amendments, Mr. Speak- too, Mr. Speaker, not just a jobs prob- shareholders permitted to invest in er: 13 from Democrats, 3 from Repub- lem. Companies are unable to receive community banks; in other words, licans, and one which is a bipartisan the credit they need to grow their busi- bringing more investors to an impor- amendment, meaning that Republican nesses, and as banks and other tradi- tant part of our economy, and that is and Democrat Members of this House tional credit providers face stricter called community banks, banks that have a chance to work together on leg- Federal restrictions by the Obama ad- exist for the purpose of trying to make islation for jobs for our country. ministration, it decreases the ability our communities, local communities, The chairman of the Rules Com- for lending to take place, and compa- stronger and better. mittee, DAVID DREIER, has once again nies that need lending and cash and The banks and small businesses of allowed the House to work its will capital available to them are looking the district which I represent, the 32nd through this important legislation by for innovative funding mechanisms Congressional District of Texas, which allowing us to have a rule not only that will provide the liquidity nec- is primarily Dallas, Richardson, where Members of Congress can come essary so they can keep their busi- Addison, and Irving, Texas, consist- and share their ideas with the Rules nesses current, so they can expand ently describe to me about how they Committee but, once again, have them their business, so they can meet the have an inability to raise capital in- made in order so they can come down needs of the marketplace. This admin- vestment, not due to a lack of willing on the floor, express their ideas, work istration continues to promote policies investors, but as a result of burden- with colleagues to perfect the legisla- that slow economic growth and make some regulations that are placed on tion and then to vote for the bill, be- it more difficult for businesses and, in them by the Federal Government. Of- cause they were a part of it. Those are particular, small business, to obtain tentimes we discuss the need for the ideas that I think are good for this capital and have a source of funding. SEC limit on individual investors, and body. DAVID DREIER, as chairman of Republicans believe that we must cre- we know that it restricts their ability the committee, deeply believes this is ate an environment that changes that, to raise funds through community par- the way the floor should operate. that encourages investment in small ticipation in local business creation. I Today, we’re going to consider a business. Small business, as we know, am proud to tell them now that, as a package of commonsense job-creating is really the engine of our economy and result of this bill today and the legisla- bills that stand out for a unique rea- really the national job creator. The un- tion included, help is on the way. son, and that unique reason is the derlying bill does just that. These important changes not only President of the United States now The JOBS Act consists of numerous provide businesses with the necessary supports what we’re doing, also. Unfor- pro-growth provisions, and I would like ability to expand, but also they provide tunately, Senate Democrats have yet to talk about those because it’s impor- individuals with new mechanisms to to give their blessing on this bill and tant for us to remind our colleagues invest and grow with their own per- the package that’s included. So we’re that a pro-growth bill or a pro-growth sonal assets in companies that they just going to have to do the best we environment that our free enterprise know best. can and then hope for the best. Maybe system would be involved in encour- The rules adjusted in the underlying the Senate will decide they want to ages not just the creation of capital, bill have proven restrictive to eco- take action on bills that will not only but also the ability of that formation nomic growth, so we’ve got to adjust better enable our country to have jobs of capital to make jobs in America to these problems in the marketplace and and job creation, but also a chance to come about as a result of that. come up with new and creative ideas. work for the best interests of the We must push these constructive pro- American people. b 1240 posals without political delay. This is House Republicans are on the floor This bill from Congressman FINCHER why Members of this body, including, I again today, as we have been doing now creates a new category of what’s called believe, the gentleman from Colorado for a year and a few months, to persist- emerging growth companies that will (Mr. POLIS), support this bill. The rea- ently make the case about job cre- reduce costs for small companies to go son why we can work together is to ation, why jobs are important to our public. Great idea. make sure we push constructive ideas country, why the Congress should be There is legislation from our major- that are good for people back home. all about trying to work with the free ity whip, KEVIN MCCARTHY from Cali- Mr. Speaker, our Nation is still in enterprise system, work with Members fornia, that will allow small businesses crisis. We do not have enough jobs. We of Congress who see the big need for to advertise for the purpose of solic- are in a dwindling marketplace because jobs, not only at home, but all across iting capital from potential investors. of the excessive number of rules and this country in every single State so In other words, this was not allowed by regulations that have been passed by that we can have job creation as a law. Small companies that have great prior Congresses. With unemployment major goal of what this Congress and ideas need the opportunity to advertise persistently over 8 percent, we cannot hopefully the President would be for. in the marketplace and have people see continue the failed policies of govern- Over 30 bills that we’ve already passed that there are good ideas. KEVIN ment spending, rules, and regulations, through this body over the last year MCCARTHY is right. and the inability to pass laws that help and a couple months await consider- A bill from Congressman MCHENRY job creation to overcome these prob- ation by Senate Democrats. That from North Carolina would allow what lems. The underlying bill will do ex- means that this body, just like the is called crowdfunding for initial public actly that. It will help foster not only bills we are going to handle today, we offerings under $1 million. In other an environment, but provide the under- have been on the floor for a year talk- words, it opens up the ability to gather pinning through law that will allow the ing about jobs, job creation, the way more capital to come in. And Congress- private sector to more fully partici- we can aid and abet the free enterprise man MCHENRY is right, we need to uti- pate.

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.028 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1224 CONGRESSIONAL RECORD — HOUSE March 7, 2012 The future success of our economy leader, Mr. MCCONNELL, has been ask- Now, we all know that some wealthy rests in the hands of small, private ing for some 30 jobs bills to at least go people are poor investors and some are business, not the Federal Government. through committee or to be on the good investors. One’s wealth has noth- What we are doing today is unleashing floor, and I do not think that a jobs bill ing to do with how accredited or how their potential so that they can focus would be a problem for a Republican to good an investor one is. And families on the things that they do best. This is object to. who are worth $100,000 or families that part of having a Republican majority: So I would once again advise the gen- are worth $300,000 are perfectly within pro business, pro economic develop- tleman that I think my statement was their rights under current law to go to ment for jobs, the formation of capital, correct. The Senate minority leader Las Vegas or Atlantic City and bet and the ability for American entrepre- has asked for every single one of these their entire lifesavings on one roll of neurship to flourish. The result is 30 bills that have been passed by the the dice; and yet they’re not allowed, going to be an economic environment House to be debated and voted on, and under current law, to invest in start- that promotes growth and generates Republicans have pledged their support ups. more revenue for the Federal Govern- of all 30. So, we, with this bill, would allow ment. Mr. POLIS. Reclaiming my time, families of all means to invest in start- I am delighted not only to be on the again, just as many of them are spon- up companies, some of which will work floor once again talking about eco- sored by Democrats as by Republicans. out and some of which will not. Amer- nomic growth, but once again trying to It will take votes from both sides to ican families will enter this being act as a soundpiece for the American get to 60 votes. I think they can do aware of the risks. But, again, it is people who are asking the United that. And many of these bills before their money, they earned it, they’ve States Congress to please understand the House have had 400 votes, 90 per- paid taxes on it, and they should be able to invest it and/or gamble it as the plight that we are in, to please help cent of this body. Hopefully, they will they see fit. work on what will help the free enter- command similarly large supermajori- Another thing we do under this bill is prise system job creation. ties in the Senate, comprised of both So today as we are on the floor, we increase the number of shareholders Democrats, many of whom sponsored that is required for mandatory reg- offer a hearty reminder to the Amer- these bills, and Republicans, who may ican people that there are people who istration with the FCC from 500 to be opposed to certain elements but 1,000. This is very important because get what this is about. That’s partially hopefully, in the name of moving the why this Republican majority has been many companies use stock options, country forward, will pass this JOBS which is a good practice. It gets the and will continue to be successful. We Act. will push for reform, a pro-growth envi- employees to own part of the company, Here’s what this bill will do. to own part of the fruits of their labor, ronment, and the opportunity to help First of all, it’s not a JOBS Act, per people back home, instead of with a and to have some of the upside on the se. The JOBS name is an acronym. It equity. But companies have effectively handout, to give them the ability to do actually is called Jumpstart Our Busi- things on their own. been limited on this because once they ness Startups Act, or JOBSA, but I I urge my colleagues to vote for this have 500 shareholders, they’re forced to guess JOBS sounds better. But what it fair rule, and I reserve the balance of file as public. So we’re allowing them my time. really affects is capital markets. It is to stay private longer, as the need fits Mr. POLIS. Mr. Speaker, I yield my- really a capital market bill. It is a them, and not have to scale back on self such time as I may consume. good bill. It has several components their option policy with their employ- I rise in support of this bill, Mr. that have already passed the House. ees. Inevitably, some of those options Speaker. I would like to thank my col- My colleague from Texas outlined sev- get exercised, and employees become leagues on both sides of the aisle who eral of them. I want to explain why outright owners over time. This would have worked long and hard on a num- they are so important. prevent them from being forced into a ber of these bills. First and foremost, it makes it easier backdoor IPO. In my remarks today, Mr. Speaker, I for many small companies to go public. In addition, we, again, allow commu- want to talk about the good, the bad, It rolls back some of the Sarbanes- nity banks to raise additional capital. and the ugly: the good that these bills Oxley regulations that were put in We remove some of the requirements can do to free up our capital markets, place in 2002 for small and medium-cap around that. Community banks are im- but the bad and the ugly of issues that companies. Again, when you’re looking portant lenders in our community; and are more substantial to job creation at the compliance cost of Sarbanes- that’s an important step, as well, to- and the fiscal integrity of our country, Oxley, they don’t scale with the busi- wards allowing capital to flow more which this Congress continues to ig- ness. So it’s de minimis for a $10 billion freely. nore. business, but it’s substantial and, in So, in sum, the several bills, most of First, to respond to my colleague fact, a deterrent to accessing the cap- which have already passed this House, from Texas who several times blamed ital markets for a $100 million or a $300 that we are packaging in the JOBS one particular party in the Senate for million business. So this, in fact, rolls Act, this act that we’re doing here advancing these bills, I would just like them back in a very thoughtful way. today, are good bills that will free up to remind my colleague that many of And I would further call for reexam- the capital markets. And, yes, in the these bills are sponsored by Democrats ination, of course, of the requirements medium and long term, there will like- in the Senate. It’s not Democrats or for businesses of all sizes, but this will ly be some jobs created, because where Republicans in the Senate; it is the allow many small and mid-cap busi- will that capital go? It will flow to Senate that needs to pass this. And as nesses to access the public capital mar- businesses that will encourage job we know, the Senate requires 60 votes. kets. growth. This is not something that happens overnight, but this is some- So I would hope that the gentleman b 1250 from Texas would amend his future re- thing that happens as a fruit of the in- marks and call upon the Senate to pass In addition, it allows people to invest vestment. Some of these start-ups that the JOBS Act rather than just the in start-ups, a concept that’s called are funded through crowdfunding Democrats in the Senate, of course rec- crowdfunding, which is very exciting. might, in fact, be employers of 1,000 ognizing that Republican votes are Of course, heretofore, essentially, in- people in 5 years or 10 years. And that’s needed to reach the necessary 60 votes vesting in start-ups has been restricted what’s so exciting about the potential to advance any legislation. to what are called accredited investors. of these mechanisms to create value in Mr. SESSIONS. Will the gentleman Now, an accredited investor is not just the economy. yield? some investor that goes through some But what are we not doing? And what Mr. POLIS. I am happy to yield. process of getting accredited; it’s basi- would be a real jobs bill? In my opin- Will the gentleman amend his re- cally somebody who’s wealthy. They ion, there’s really several things that marks? have to be worth several million dol- are holding back our private sector re- Mr. SESSIONS. I remind the gen- lars; and then, all of a sudden, they’re covery. First and foremost is our budg- tleman that the Republican minority accredited. et deficit and the questions about the

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.029 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1225 fiscal integrity of this country. This port outlines what the President believes So it directly affects job creation to Congress continues to avoid taking ac- should be five key elements of business tax say that profitable American compa- tion on a default scenario under which reform. nies should be paying 25 to 28 percent debt as a percentage of GDP would rise PRESIDENT OBAMA’S FIVE ELEMENTS OF instead of 35 percent, discouraging from about 70 percent where it is now BUSINESS TAX REFORM them from outsourcing jobs, discour- to about 200 percent of our GDP by I. Eliminate dozens of tax loopholes and aging them from domiciling overseas, subsidies, broaden the base and cut the cor- 2040, a far worse situation than many porate tax rate to spur growth in America: and also discouraging the improper al- of the fiscally beleaguered nations in The Framework would eliminate dozens of location of capital through special in- Europe that are currently undertaking different tax expenditures and fundamen- terest tax breaks in our Tax Code that bailouts. tally reform the business tax base to reduce give money arbitrarily to everybody This is widely known on both sides of distortions that hurt productivity and from wooden arrow manufacturers to the aisle, and, in fact, the solution is growth. It would reinvest these savings to the oil and gas industry simply because widely known, as well. There are sev- lower the corporate tax rate to 28 percent, some central planner in Washington eral that have been presented. There’s putting the United States in line with major determined that that’s where capital competitor countries and encouraging great- a bipartisan group that emerged from er investment in America. should go. the Senate, including Democrats and II. Strengthen American manufacturing So, again, if we really want a jobs Republicans, that proposed a plan to and innovation: The Framework would act, let’s solve the deficit, let’s reform reduce the deficit as a percentage of refocus the manufacturing deduction and use our uncompetitive business Tax Code, GDP down to 1.9 percent by 2021. the savings to reduce the effective rate on as the President has indicated; but, There’s been a similar effort on behalf manufacturing to no more than 25 percent, yes, let’s also move forward with these of the Bowles-Simpson Commission, while encouraging greater research and de- bills to free up capital flow for start- velopment and the production of clean en- ups that will hopefully lead to the next again, to rein in fiscal spending so that ergy. debt as a percentage of GDP would be III. Strengthen the international tax sys- great American companies. 35 percent instead of 200 percent by tem, including establishing a new minimum But by no means should somehow 2040. tax on foreign earnings, to encourage domes- this Congress think that just because This Congress has not advanced ei- tic investment: Our tax system should not there’s some letters that stand for the ther and, in fact, quite to the contrary, give companies an incentive to locate pro- word ‘‘jobs’’ that somehow the jobs has passed an operational budget that duction overseas or engage in accounting issue is solved or addressed by allowing only serves to continue these deficits games to shift profits abroad, eroding the companies to stay private with 1,000 in- U.S. tax base. Introducing a minimum tax on stead of 500 shareholders, allowing a through the next 10 years. Again, giv- foreign earnings would help address these ing fiscal certainty around the integ- problems and discourage a global race to the few small and mid-cap companies in rity of our Nation would do a lot more bottom in tax rates. the margins to go public because of re- to free up capital and improve the flow IV. Simplify and cut taxes for America’s laxed Sarbanes-Oxley requirements. of capital and credit markets and cre- small businesses: Tax reform should make These are great things. ate jobs than these relatively minor, tax filing simpler for small businesses and Let’s pass this bill. I’m confident it but still important, bills that we’re entrepreneurs so that they can focus on will pass overwhelmingly. Let’s call growing their businesses rather than filling upon the Senate to pass it. But let’s considering here today. out tax returns. The other reform that would create a V. Restore fiscal responsibility and not add not pretend that this is some kind of lot more jobs in this bill, and I think a dime to the deficit: Business tax reform jobs bill for our country or that this, in would better be called a Jobs Act, if should be fully paid for and lead to greater any way, shape, or form restores the they could come up with a fancy acro- fiscal responsibility than our current busi- fiscal integrity of our Nation. nym for it, is business tax reform. ness tax system by either eliminating or Mr. Speaker, I rise in support of the rule and making permanent and fully paying for tem- I’d like to submit to the RECORD a re- the underlying bill, the Jumpstart Our Business porary tax provisions now in the tax code. cent report from the White House and Startups Act, which consists of six separate the Department of the Treasury on a The President has proposed elimi- pieces of legislation: the Access to Capital for framework for business tax reform. nating loopholes and special interest Job Creators Act, the Entrepreneur Access to tax deductions in our corporate Tax Capital Act, the Small Company Capital For- INTRODUCTION Code to lower the rate to 25 to 28 per- mation Act, the Private Company Flexibility America’s system of business taxation is in cent from 35 percent. American cor- need of reform. The United States has a rel- and Growth Act, the Capital Expansion Act atively narrow corporate tax base compared porations are currently among the and the Reopening American Capital Markets to other countries—a tax base reduced by highest taxed in the world. Most of our to Emerging Growth Companies Act. loopholes, tax expenditures, and tax plan- peer countries tax their corporations in This package will further American job cre- ning. This is combined with a statutory cor- the 20 to 25 percent range, and capital ation and economic growth by improving small porate tax rate that will soon be the highest can flow across borders, operations of businesses and startups’ access to capital. At among advanced countries. As a result of companies in a global economy can the same time that this bill eases restrictions this combination of a relatively narrow tax flow across borders. Why would a for- on capital formation to help our struggling base and a high statutory tax rate, the U.S. profit company with a fiduciary re- economy and enhance our nation’s global tax system is uncompetitive and inefficient. The system distorts choices such as where to sponsibility to its shareholders choose competitiveness, this bill also maintains nec- produce, what to invest in, how to finance a to domicile in an area where they have essary protections for investors. This is exactly business, and what business form to use. And to pay a 35-percent tax rate when they the approach long advocated for by President it does too little to encourage job creation can pay a 20- or 25-percent tax rate and Obama in his American Jobs Act and in the and investment in the United States while also exist in an environment that en- Startup America Legislative Agenda. And just allowing firms to benefit from incentives to sures the surety of law? yesterday, the President announced his sup- locate production and shift profits overseas. What the President’s tax reform pro- port for the underlying package. I am pleased The system is also too complicated—espe- posal will do—and many of us on both that the House leadership has brought this bill cially for America’s small businesses. sides of the aisle have been calling for For these reasons, the President is com- to the floor and urge my colleagues to vote in mitted to reform that will support the com- similar reforms over the last several favor of this bipartisan package. petitiveness of American businesses—large years—is, again, on a revenue-neutral While I strongly support the passage of the and small—and increase incentives to invest basis remove many of the special inter- underlying legislation, make no mistake that and hire in the United States by lowering est tax considerations that were put the package of bills before us today cannot be rates, cutting tax expenditures, and reducing there by lobbyists in our Tax Code and called a comprehensive ‘‘jobs’’ bill no matter complexity; while being fiscally responsible. bring down the overall rate to 25 to 28 how you dress it up. Of the six bills we are This report presents the President’s percent so that companies can reinvest considering today, four of these bills have al- Framework for business tax reform. In lay- in their growth. It tends to be the more ing out this Framework, the President rec- ready been overwhelmingly approved by this ognizes that tax reform will take time, re- profitable companies, the companies body only months ago. And one of these bills quire work on a bipartisan basis, and benefit that are therefore paying corporate looks remarkably similar to a bill sponsored by from additional feedback from stakeholders tax, that are the highest growth com- my good friend and Democrat from Con- and experts. To start that process, this re- panies. necticut, Mr. HIMES, which passed the House

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K07MR7.030 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1226 CONGRESSIONAL RECORD — HOUSE March 7, 2012 420–2 last November. The meat of both the The only truly new bill before us is the Re- to find a deficit reduction agreement that can bill before us and Mr. HIMES’ bill are identical. opening American Capital Markets to Emerg- be brought to this floor for a vote. The only difference between the two pieces of ing Growth Companies Act introduced by For more immediate job creation we need legislation is that the bill before us does not Reps. FINCHER and CARNEY, which I am proud look no further than the federal highway au- require an SEC study of certain public report- to cosponsor. This bill will help lower the costs thorization which is fast approaching down the ing requirements. for certain small and medium-sized compa- track at the end of this month. We desperately Indeed even the legislation’s name is a mis- nies, called ‘‘emerging growth companies,’’ to need a new federal transportation bill to put nomer. The acronym for the Jumpstart Our access the public markets. The cost of Americans back to work, repair our crumbling Business Startups Act is not J-O-Bs. A more ‘‘emerging growth companies’’ to go public roads and bridges and improve our mass tran- appropriate name for this jobs package would would be reduced by phasing in some regu- sit systems. Yet Republicans have struggled be a suspension sandwich. latory procedures including prohibitions on ini- for weeks to bring a transportation bill before While this bill lacks the spark to turn around tial public offering (IPO) communications and this House. our troubled economy, it will help raise needed independent audits of internal controls over fi- I urge my colleagues on the other side of capital to small businesses and startups. Ac- nancial reporting. Importantly, these provisions the aisle to work quickly to bring a bipartisan cording to the Kauffman Foundation, since would incentivize IPOs while ensuring that as transportation bill to the floor to assist with our 1980, startup firms less than five years old they expand they come into compliance with economic recovery in the very near future. have created almost 40 million new jobs—the these regulations. Passing the underlying bill will put us on the majority of the new jobs created in this coun- Collectively this package is a good first start path towards a fruitful economy. I encourage try. Research shows that 90 percent of this job towards rebuilding our economy in the me- Republicans to continue further down this path growth occurs after companies go public. Un- dium and long term—but not right now. Even and bring to the floor the job-creating legisla- fortunately, over the last decade, startups after these bills are enacted, the SEC must tion that the American people want and de- companies are taking more time than ever be- issue new regulations, accredited investors serve. fore to go public because of certain adminis- must start buying these private securities and I strongly support the underlying bill and en- trative and compliance regulations currently in then startups and small businesses must do courage its passage. place. The bills included in the underlying something constructive with that capital before I reserve the balance of my time. package would put in place reforms that would any jobs are ever created. Realistically, this ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE address some of the challenges startups face bill could take years to produce meaningful re- The SPEAKER pro tempore. The today. sults. Chair would ask Members not to traffic Part of this legislative package includes the CLOSE Entrepreneur Access to Capital Act introduced the well while another Member is Mr. Speaker the underlying package will un- under recognition. by Representative MCHENRY. This bill permits ‘‘crowdfunding’’ which enables individuals in- doubtedly have a positive impact on our econ- Mr. SESSIONS. Mr. Speaker, I ap- vesting up to $10,000 in small businesses omy and create a more accessible capital plaud the gentleman, my friend, Mr. over the internet to pool their funding without market for the benefit of small businesses and POLIS, for not only coming to our de- requiring the business to register first with the investors. The legislation we are considering fense and aid in this but also aiming SEC. By loosening the current SEC restric- today will encourage more entrepreneurs to for things that people all across this tions on crowd funding, this legislation would grow businesses and allow more start-ups to country need, and it’s called action by help empower entrepreneurs and start ups to go public and hire more American workers. Congress for jobs. pursue their innovative ideas. But simply labeling it a comprehensive jobs Mr. Speaker, at this time, I’d like to The Small Company Capital Formation Act bill does not make it so. yield 4 minutes to the young gen- of 2011 would make it easier for small and Let’s not pull the wool over the American tleman from Tennessee (Mr. FINCHER). medium-sized companies to raise more funds peoples’ eyes and make-believe that we are Mr. FINCHER. Mr. Speaker, I thank through SEC’s streamlined security offering passing real jobs-stimulating legislation today. my colleague from Texas for yielding process, instead of the more complicated and Our number one priority should remain sincere and keeping the main theme the main costly full registration requirements that larger job growth—not just reconsidering bills pre- theme—jobs and the economy. As an issuances have to use. This bill, sponsored by viously debated and adopted by this House. original cosponsor to H.R. 3606, the To get serious about growing our economy Rep. SCHWEIKERT, strikes the right balance Jumpstart Our Business Startups Act, between allowing these companies to access we should be working together to pass the I rise in support of this rule. capital and maintaining sufficient investor pro- President’s American Jobs Act which consists Since last year, the gentleman from tections. of common sense proposals that have been Delaware and I, along with many mem- The underlying bill also includes the Access supported by both parties, such as modern- bers of the Financial Services Com- to Capital for Job Creators Act sponsored by izing our public schools and investing in our mittee, have worked in a bipartisan Representative MCCARTHY. This bill would re- nation’s infrastructure. manner to develop legislation that move the SEC ban that prevents small pri- Instead of spending time on stale bills, we would enhance job creation and expand vately held companies from using advertise- should be debating real tax reform legislation. access to capital for America’s job cre- ments to solicit investments for private offer- President Obama has put forth a solid busi- ators. ings as long as the securities are ultimately ness tax reform plan that would stimulate job Title I of this bill’s legislation I in- sold only to ‘‘accredited investors,’’ or sophisti- creation and investment in the United States. troduced with Congressman CARNEY, cated investors who don’t require the SEC’s The Administration’s tax plan would reduce the Reopening American Capital Mar- protection. the corporate rate to ensure American compa- kets to Emerging Growth Companies In addition, the package before us contains nies remain competitive, eliminate overseas Act, which will help more small and the Private Company Flexibility and Growth deductions and other tax expenditures and mid-size companies go public. Act. This bill, introduced by Rep. SCHWEIKERT, simplify the tax code. Obama’s plan would During the last 15 years, fewer and would raise the requirement for mandatory also strengthen American manufacturing and fewer start-up companies have pursued registration with the SEC for privately held innovation, double the deduction initial public offerings because of bur- companies from 500 shareholders to 1,000, entrepreneuers can deduct for start-up costs densome costs created by a series of expanding companies’ ability to access capital and cut certain taxes for small businesses to one-size-fits-all laws and regulations. and provide companies with flexibility in at- help them expand and hire. President According to testimony from IPO Task tracting and maintaining employees. Obama’s proposal would generate American Force Chair Kate Mitchell, from 1990 to The measure also consists of the Capital jobs without adding to our deficit and demands 1996, there were 1,272 U.S. venture- Expansion Act, a bill introduced less than two serious consideration by this body. backed companies that went public on weeks ago by Rep. QUAYLE, whose language We can also boost our economy by ad- U.S. exchanges during that 6-year time is nearly-identical to a bill sponsored by Rep. dressing our debt challenges. We should be frame. HIMES and passed by this House under sus- considering and enacting a bold and balanced 1300 pension last November. Rep. QUAYLE’s bill— deficit reduction plan that puts all options on b which was never marked up—would increase the table. An outline to achieve comprehen- However, in 6 years, from 2004 to 2010, the number of shareholders that a community sive deficit reduction already exists in the there were just 324 offerings. bank can have before it must register with the Bowles-Simpson plan. I urge the Republican Even the President’s Jobs Council, in SEC. Majority to work with Democrats in the House its 2011 end-of-year report, cited that

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.012 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1227 the United States ranks 12th now in we couldn’t carve out time for 20 min- wrong and they have it. But if you real- ease of access to venture capital behind utes or even a half hour of debate. So ly believe the bills are this important, Israel, Hong Kong, Norway, and Singa- I regret the dumbing down of the why then is the debate only for 10 min- pore, among others. The bottom line is House, which is represented by saying utes on every single amendment, on that fewer and fewer companies are that no issue will be debated for more the size, on the reporting require- choosing to go public, and those that than 10 minutes. ments? do are not necessarily going public on Then I only have one other question We have amendments that have been exchanges in the United States. of a procedural sort as the ranking requested by the North American Secu- H.R. 3606 would reduce the costs of member of the Financial Services Com- rities Administrators, the State regu- going public for small and medium- mittee. Most of these bills have been lators; 5 minutes on the side. That is sized companies by phasing in certain through the committee. There were six hardly a mark of people who take the regulatory requirements. Reducing bills; four have even passed the House. deliberative process in the U.S. House these burdensome regulations will help Two bills, I was told, were from the of Representatives very seriously. small companies raise capital, grow committee. But one of the bills, H.R. I thank the gentleman from Colo- their business, and create private jobs 4088, it’s got a new sponsor, the gen- rado. for Americans. tleman from Arizona (Mr. QUAYLE), and Mr. SESSIONS. Mr. Speaker, just so I have reviewed the amendments we’ve never seen that in our com- you know, the gentleman is correct, made in order by the Rules Committee mittee. I’ve checked. That bill was in- and I appreciate his viewpoint of this. to H.R. 3606, and I will be supporting troduced February 24 or something. It’s This is a copy of Mr. QUAYLE’s bill some and opposing others. Also, the never had a hearing. It’s never been right here. It’s about one-third of a gentleman from Delaware and I will be through committee. So why are we get- page long. It’s a good idea that says offering a manager’s amendment which ting a bill on the floor now that has we’re going to increase the number of will make some technical improve- never been seen in our committee? people who can invest in a community ments to the bill. I would yield to the gentleman from bank. I hope that should not require us I look forward to a lively debate here the Rules Committee. to have to go back and do too much in this Chamber, and I support the rule Mr. SESSIONS. Well, I’m not seeking thinking about how great this would to consider this bill. recognition, but I would say that the be. We’re trying to perfect, instead of Mr. POLIS. Mr. Speaker, I yield 4 gentleman from Arizona has a good by just having an amendment, to allow minutes to the gentleman from Massa- bill, and I encourage you to read it. all Members to take part in these chusetts (Mr. FRANK), the ranking Mr. FRANK of Massachusetts. Well, I things with their good ideas. member of the Financial Services Com- have read the bill. But to be told that So I do take that what the gentleman mittee. we’re going to, in a party that says said is correct, but good ideas are part Mr. FRANK of Massachusetts. Mr. they’re devoted to regular order, bring of this bill. That should be what we’re Speaker, this is a perfectly nice bill, out a bill—H.R. 4088 has had no com- about here on the floor, just as an but things are sometimes judged in mittee consideration whatsoever; the amendment that may not have gone comparison. It is being hailed as a big- other bills have, the other five. But it’s through. ger bill than it is, but that’s what hap- never been brought up in a hearing; it’s Mr. FRANK of Massachusetts. Will pens when you grade on a curve as we never been in subcommittee; it’s never the gentleman yield? grade on a curve. been in committee. The notion that it’s Mr. SESSIONS. I wish I could. I’m One of the great philosophers of the a good bill and therefore should be im- out of time. I’ve got a whole bunch of 20th century was a man named Henny mune from any committee process is speakers. But I appreciate the gen- Youngman. One of his philosophical very discouraging. tleman. He’ll have plenty of time. bits of wisdom was expressed in the This is a bill that’s only been in ex- At this time, Mr. Speaker, I yield 4 question and answer: istence for a couple of weeks. The gen- minutes to the gentleman from North How’s your wife? tleman says, well, it’s a good bill; read Carolina (Mr. MCHENRY). Compared to what? it. Well, then I guess we don’t need Mr. MCHENRY. I want to thank my Well, compared to the output of this committees. We don’t need to do any- colleague, Mr. SESSIONS, for his leader- House so far, this is a very, very, very thing. If it’s a good bill, you read it. ship on the Rules Committee and oth- major bill. Compared to our economy But the process is supposed to be one erwise in this House. I also want to in general, it’s a good bill, but of no where these things go through some commend Mr. FINCHER from Tennessee immediate significance in terms of vetting. So I am disappointed that we for offering this legislation. It’s a very jobs, and useful for the future. But as I have a rule that brings a bill to the important bill. said, I think it’s important just getting floor that has literally had no com- Mr. Speaker, I rise today to support pumped up a little bit so we can avoid mittee consideration whatsoever— and speak in favor of the JOBS Act. here, as a collective body, the charge brand-new bill, apparently, because it’s What this legislation does is address a that we haven’t done anything. got a brand-new sponsor. We’ve seen key concern that I hear from my con- I do have one criticism of the rule, nothing like this. There have been stituents in western North Carolina. and I had expressed this hope yesterday some other bills that we’ve had, but We know that entrepreneurship here and I was frustrated. A number of I’ve seen no bill from the gentleman in the United States is at a 17-year low. amendments were made in order, and I from Arizona (Mr. QUAYLE). I’ve seen We also realize that the rest of the appreciate that, but every single no bill like H.R. 4088 that hasn’t had a world has caught up to us in terms of amendment is to be debated for only 10 hearing, that hasn’t been to com- their capital markets and business for- minutes. That’s unworthy of a delib- mittee. mation. We also know that small busi- erative body. There are important At the same time, the Rules Com- nesses create the majority of new jobs questions here that are involved in mittee thinks that we can take all in the United States. So it’s very im- these issues. And if you think these these interesting questions—should portant for us, in light of the new regu- bills are important, then the amend- there or shouldn’t there be an examina- latory changes that have happened in ments to them are important. tion, say, on pay? Is the billion number the last couple of years here in Wash- Now, that’s within the context of right?—and debate them all in only 10 ington—the advent of Dodd-Frank that support. In most cases, we are talking minutes, 5 minutes on each side. That increases the cost of lending and makes about people who support the concept hardly serves the deliberative process. it less available for small businesses, but have some differences about what The SPEAKER pro tempore. The the CARD Act that makes credit cards should be there. But to say that every time of the gentleman has expired. less available to the average person amendment gets debated for only 10 Mr. POLIS. I yield the gentleman an who tries to start their business, like minutes, 5 minutes on each side, is to additional 30 seconds. my father did, on his credit card. We denigrate the deliberative function to a Mr. FRANK of Massachusetts. I’d say also realize that the regulatory point which is of great concern to me. that some Members think the bills may changes, the more, higher red tape that It is not as if we’ve been so busy that have more impact than I do. I hope I’m we have here in Washington makes it

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.033 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1228 CONGRESSIONAL RECORD — HOUSE March 7, 2012 more expensive to do business here in I rise in support of this rule and the I urge the adoption of the rule and the United States. underlying bill. It’s a package of bills the underlying bills. I do want to men- These are major concerns. These are designed to encourage the growth of tion the Entrepreneur Access to Cap- major concerns for my constituents in smaller companies and start-ups, and it ital Act, which creates a new exemp- western North Carolina. contains six separate bills, four of tion from registration for I want to commend Mr. FINCHER for which have already passed this body by crowdfunding securities. It permits a offering the JOBS Act. We’ve got some overwhelming majorities. company to raise up to $2 million a very important pieces of information I share the concerns of the ranking year, with investors permitted to in- and policy changes in this bill. member, Mr. FRANK, that these 17 vest the lesser of $10,000 or 10 percent If you look at the 1990s, we had 530 amendments that were put in place, of their income annually in such com- IPOs, on average, every year. We had adequate time has not been given to panies. fewer than 65 in the year 2009. We real- fully debate them. I was pleased to work with my col- ize that going public is not the avenue I do want to take issue with my good league, Mr. MCHENRY, on this bill. It for every business, though the dream of friend from North Carolina in his criti- has a number of others that would re- many small business folks. So an im- cism of the CARD Act, saying that it duce the cost of going public, and portant component of the JOBS Act is has made it harder for Americans to re- would aid in the capital formation for a piece of legislation we passed that I ceive cards. This bill that passed this job creation in our country. authored here in the House, with the body overwhelmingly, with Democratic I do want to note that the President help of my colleague from New York leadership, I was proud to be the lead of the United States, his administra- (Mrs. MALONEY), the crowdfunding act, sponsor on it, working with all of my tion, is supporting these bills, and I which allows small businesses to access colleagues on the Democratic side. And urge passage of them. the capital markets to sell equity, what it did is it stopped unfair decep- Mr. SESSIONS. Mr. Speaker, the rather than ask for debt, sell equity in tive practices. gentlewoman from New York makes a their great start-up or new idea. Money magazine called this bill the good point about the President’s jobs Crowdfunding takes the best of best friend a credit card holder ever bill, except it picks winners and losers, microfinance and crowdsourcing and had, and The Pugh Foundation came and has hundreds of billions of dollars uses the power of the Internet for small out with a report earlier this year say- of tax increases that will continue to businesses to have offerings in their ing that this Democratic bill alone kill the free enterprise system, along company. Now, it could be used for a saved consumers in our country $10 bil- with the other administrative things tech company, certainly, to raise up to lion in 1 year. I would say that’s an ad- that this President is doing to the free $2 million, but it could be used for a vantage for consumers, an excellent enterprise system. So this body will coffee shop in Hickory or in Asheville goal that was championed by our Presi- not, will not pass hundreds of billions in western North Carolina to raise dent and by the Democratic leadership. of dollars of tax increases and then say $50,000 and sell equity in their business. I would like to take issue with this we’re trying to help people doing that. The President, I’m sure, is entitled to These regulatory changes are very comprehensive jobs agenda. I do sup- his own beliefs. We’re going to do the important. We have regulations and port it, but I think that we should be things which work, that empower the laws on the books—the 1933 Securities working on major job-creating oppor- Act, the 1934 Securities and Exchange free enterprise system. tunities, such as the transportation Speaking of working and empowering Act—that really were the reaction to bill and the President’s Jobs Act, and the problems and challenges of their the free enterprise system, I yield 4 these two bills would create half a mil- minutes to the gentleman from Ari- day. lion jobs. Here we are repackaging a zona (Mr. SCHWEIKERT), who has b 1310 group of old bills that we’ve passed be- brought great ideas to this bill and They put in restrictions in terms of fore, and it does not constitute a com- they are included in this. advertising about your security. Well, prehensive jobs bill. Mr. SCHWEIKERT. First, I want to that was a problem when the telephone As I said, four of the six bills have al- thank my good friend from Texas. I ap- was the new technology of the day. But ready passed the House with major sup- preciate him yielding me 4 minutes. we have the power of the Internet, and port on both sides of the aisle. And I’m Mr. Speaker, I rise in support of the people are more informed today than disturbed that one bill was taken from rule and also the underlying bill, and I they were 100 years ago about invest- my Democratic colleague, JIM HIMES. may have somewhat of a unique per- ing. So we’re changing these regu- I would like to quote The Washington spective here. Being on the Financial latory structures so that small busi- Post. The Washington Post said: Services Committee, we actually start- nesses can get the capital they need to The JOBS Act is not new legislation but is ed building and moving these bills and grow and expand. That’s what this is instead a grab bag of items that have already working on them, I think, as early as a all about. passed at the committee level or on the year ago, last March. So almost every- House floor by wide bipartisan votes. It doesn’t fix every problem that we thing that’s in here has been well vet- face today, but this is a bipartisan bill. These previously-passed bills make ted, well understood, even down to the It’s a good idea. The President has spo- some useful yet modest steps forward, amendments and the concepts and the ken in favor of many of the compo- but they are no substitute for a major discussion from the last year. nents of this legislation, and we hope, job-creating highway bill or passage of And why is it important, doing this not to simply pass it out of the House the full American Jobs Act. These bills JOBS Act and bringing it together, in on a bipartisan basis, but to ensure make modest changes for start-up com- many ways, as a single piece of legisla- that we pass it through the Senate and panies, making it easier for them to tion? Because conceptually, they all the President signs it. raise capital through the Internet and link together. It is about capital for- These are good ideas that can have the solicitation of accredited investors, mation. It is about those small-growth an impact and help us grow and create and loosening certain filing and regu- companies that create the next wave of jobs. It helps entrepreneurs. It helps latory requirements for start-ups and employment. small businesses. Those folks are the small banks. Let’s face it, this truly is about jobs. lifeblood of economic growth, and I would say the prime goal of the It is about economic growth. The cre- that’s what we need to be focused on. Democratic leadership is to reignite ativity we need in our economy that I urge the adoption of the rule, and the American Dream by building the creates that next generation of excite- ask my colleagues to vote for passage. pillars of success for small businesses, ment and employment comes from the Mr. POLIS. Mr. Speaker, I yield 4 our entrepreneurs, and by making our types of business that need access to minutes to the gentlewoman from New economy stronger. These bills before us capital, and these are the very ones York (Mrs. MALONEY), an author of key do help in many ways, although they that this bill moves forward. provisions of this bill. are not a comprehensive jobs package. There’s also another point that I Mrs. MALONEY. I thank the gen- It rightly gives smaller companies and hope sort of moves universally from tleman for yielding, and for his leader- start-ups greater flexibility to grow right to left here. I’m one of the believ- ship on the Rules Committee. and flourish. ers that capital formation is going to

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.034 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1229 look very different in the future. You percent of the market controlled by sources from SEC regulation. All of know, the old days of you go find an speculators. The speculators’ over- those in plain English mean that we angel investor, and then you go find VC riding goal is profit-taking, which our are going to change the regulatory en- capital, and then you go public, are legislation targets. Nothing is wrong vironment to help start-ups and small going to look different. Some of this is with profits. They made our Nation businesses access public markets. because of Dodd-Frank. Some of this is strong, but profits should not be pur- I’ve always believed throughout more because of what’s happened in the regu- sued at the expense of middle class than a decade of working on this floor latory environment. families, nor at the expense of our frag- that politics is the art of the possible, And the beauty of this legislation is ile economic recovery. This legislation and today we will not do everything going to provide opportunity and op- makes sure it doesn’t by cutting out those of us on this side of the aisle be- tions, particularly for those growing speculators. It strengthens penalties lieve that we should do to jump-start employers, those small companies that for manipulating the market, which this economy. But we will do what we want to grow, want to employ in my forces up gas prices and leads to price can do in a bipartisan fashion in pass- home district in Arizona. gouging. The legislation also cuts out ing this rule and moving the bipartisan Mr. POLIS. Mr. Speaker, if we defeat subsidies for Big Oil, and we should re- Jumpstart Our Business Startups, or the previous question, we’ll offer an invest those dollars in a long-term JOBS, Act, H.R. 3606. amendment to the rule to provide that, strategy focused on clean and renew- On behalf of the hardworking tax- immediately after the House adopts able sources. payers in Indiana, on behalf of that job this rule, it will bring up Mr. BISHOP’s Mr. Speaker, our debate should focus creator I talked to this morning, I urge bill, H.R. 1748, the Taxpayer and Gas on a green-energy policy free of market my colleagues to come together today Price Relief Act and that would simply speculation and subsidies our Nation to join us in supporting the JOBS Act. do it, in addition to this bill, with can’t afford. We must tackle this prob- Let’s give entrepreneurs and investors broad bipartisan support. I know there lem rather than use it to point fingers all across this country the incentive is also broad bipartisan concern about and to try to score political points. and the regulatory relief they need to gas prices, a very substantial issue Thus I urge my colleagues to vote get this economy back on track. Mr. POLIS. I would like to inquire if that many on my side of the aisle, Mr. ‘‘no’’ on the previous question and vote the gentleman from Texas has any re- BISHOP included, would like to do ‘‘no’’ on the rule. Mr. SESSIONS. Mr. Speaker, at this maining speakers. something about so that American con- Mr. SESSIONS. I thank the gen- time I would like to yield 4 minutes to sumers have more of their money to tleman for asking. take home. the gentleman from Indiana (Mr. We did have one person who we be- So to talk about his proposal, I yield PENCE), a man who I believe is one of lieve is attempting to get here, to run 3 minutes to the gentleman from New the clearest thinkers in this Congress. here; but I would at this time tell you York (Mr. BISHOP). He is a person who studies well, applies he is not here. So I would encourage logic, and comes out with a deduction b 1320 the gentleman to go ahead and close as for making things better for people he would choose, and I would then do Mr. BISHOP of New York. Mr. Speak- who are not in this town, but rather er, I thank my friend from Colorado for the same. people who are the real part of Amer- Mr. POLIS. Thank you. yielding. ica. I will certainly extend the courtesy I rise in opposition to the rule and in (Mr. PENCE asked and was given per- to the gentleman. If the gentleman in support of moving the previous ques- mission to revise and extend his re- his closing wants to yield some time to tion. This motion would amend the bill marks.) his speaker, I will not object to that. with strong provisions to stop price Mr. PENCE. I thank the gentleman Mr. SESSIONS. I appreciate that. gouging at the gas pumps and remove for yielding, for his leadership, and for Thank you very much. unwarranted tax subsidies from the Big his gracious esteem. Mr. POLIS. I yield myself the bal- Five oil companies. I rise in support of H. Res. 572, the ance of my time. We’re long overdue for a serious de- rule supporting the JOBS Act and un- Mr. Speaker, this bill here today is a bate about gas prices. Scoring political derlying bill. good bill, an important bill. It’s not a points on this issue serves no one and Mr. Speaker, everywhere I go across job solution for our country. It’s not a doesn’t solve the problem. the Hoosier State, I hear job creators jobs bill. In fact, I think the frustra- Here are the facts: domestic produc- struggling in this economy, talking to tion of some is that to a certain extent tion is at an 8-year high; imports of oil me about the obstacles to growth, the it represents the spinning of the wheels are at a 17-year low; there are more oil obstacles to getting this economy mov- that has typified this Congress in that and gas rigs drilling in the United ing again for their business. And again most of these bills have actually al- States today than in the rest of the and again, I hear about the weight of ready passed this House. That being world combined. Let me say that Federal red tape that stands in the way said, if packaging them together and again: there are more oil and gas rigs of capital formation, business expan- passing them again and trying to put drilling in the United States today sion, and jobs. pressure on the Senate to pass it is a than in the rest of the world combined. Just today I was talking to a manu- constructive step towards making The number of oil rigs in operation facturer in the State of Indiana who them law, then let’s do it. I think a right now has quadrupled since Presi- said to me, MIKE, the environment in strong bipartisan vote of support will dent Bush left office. Last year, the Indiana is very positive. Our problem is help do that. President Obama said he U.S. became a net exporter of oil for Washington, D.C. will sign this bill. the first time in 62 years. Clearly, ris- And I was able to report to him that I call upon my colleagues of both ing gas prices do not result from a U.S. in a bipartisan manner today, the Con- sides of the aisle to support these bills. supply-driven problem, and this admin- gress was going to take a small, but These bills help free up our capital istration cannot be blamed for doing significant, step in lifting a regulatory markets in positive and constructive enough to encourage and to facilitate burden on capital formation. And that ways by allowing small investors the drilling. Nor is rising gas prices a U.S. Hoosier, like I hope all Americans same opportunities as large investors, demand-driven problem. Demand is looking in today, was encouraged. allowing companies a little bit more down by 61⁄2 percent in just 1 year and The JOBS Act will actually facilitate flexibility on remaining private over 17 percent since 2008. There are several capital formation, business expansion, who their investors are, allowing small factors that contribute to rising gas and growth by lifting the burden from and mid-cap companies easier access to prices, but U.S. supply and U.S. de- job creators in a number of ways. It ex- public marketplaces. This in turn mand are not among them. empts emerging growth companies makes it easier for venture capitalists Gas prices in the eastern part of my from certain SEC regulations; it raises and angel funders to invest in start-up district are up over 60 cents in a mat- offering thresholds for SEC registra- companies, knowing that there’s a bet- ter of weeks. Rampant speculation ac- tion; it exempts securities issued ter prospect of an exit should they suc- counts for most of that, with over 60 through innovative crowdfunding ceed at smaller mid-cap stages.

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.037 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1230 CONGRESSIONAL RECORD — HOUSE March 7, 2012 We all know there’s a number of con- allow for long-term borrowing, to en- The SPEAKER pro tempore. The gen- tributing factors to the decrease in sure that businesses have access to tleman from Texas is recognized for 5 public offerings that have occurred capital and predictability over time— minutes. over the last 10 years, a trend that I will, again, do more to create jobs and Mr. SESSIONS. Mr. Speaker, to hear think is beginning to reverse. One of grow our economy than will freeing up the gentleman’s strong voice, not only those aspects—certainly not the only the capital markets around a few key as an entrepreneur before he came to aspect—is the excess regulation that areas that these bills accomplish. Congress, but in Mr. POLIS’ dustup as we abolish through this act. Other So, yes, these bills are an important he speaks in the Rules Committee in things include simply the appetite of step in the right direction, including which he talks about America wanting the capital markets for public offerings the only one truly new bill before us— to have a bright future, he is the father at any given time and other legal and the others have already been passed by of a new young son, and he looks for- administrative risks that are not dealt this House. This is a good package, a ward to the day that his son will have with in this bill that perhaps call for good package which is a first start to a bright future in this country. I appre- additional legislation. rebuilding our economy. But even after ciate his words today. He is also cor- This is not by any stretch of the they’re enacted, there is nothing that rect that we do not create jobs in this imagination a recovery or a jobs bill, instantaneously happens. They have to town, as it is the free enterprise sys- but these are very constructive steps be implemented, and credited investors tem that does that. Yet with that comes an equal recognition that this that, again, cycling our wheels, yes, have to start buying private securities town gets in the way of jobs and job we’ve already passed. We are passing and start-ups. It will be several years creation. two new ones as well. Let’s package before this can translate into actual them together; let’s put pressure on Our taxes are preparing to be raised. job growth, which it will, and produce The President, the Democratic Party the Senate to send them to President meaningful results. Again, corporate Obama’s desk where he has said he will are all about raising taxes on entre- tax reform and showing some interest preneurs, and people who get up and go sign these bills. among this body in actually balancing But let us not, in our effort to con- to work every day, and small business, our budget deficit would send an indi- tinue to push these important pieces of and taking away a Tax Code that bene- cation now to the marketplace that legislation for capital formation, for- fits women, in particular married would immediately lead to job growth. get that our country faces even more women, with the marriage penalty, as important critical risks before us. We Mr. Speaker, I ask unanimous con- well as job creation through incentives need to get serious about growing our sent to insert the text of the previous that might deal with depreciation. All economy, and we need to work hard in question into the RECORD, along with of these things are part of a pro-growth a bipartisan basis to implement real extraneous material, immediately jobs package, and unfortunately, this tax reform legislation, tax reform that prior to the vote on the previous ques- House is not together on that. This would create a more competitive Tax tion. House is having to, as the gentleman Code, allowing companies to reinvest The SPEAKER pro tempore (Mr. Mr. PENCE said, make incremental in their growth rather than taking MCCLINTOCK). Is there objection to the progress as we move forward. their money in an arbitrary way or en- request of the gentleman from Colo- Mr. Speaker, this body is big enough couraging them to distort the eco- rado? to be able to recognize that this coun- nomic reality and the allocation of re- There was no objection. try is in trouble. I don’t care if you live sources by having certain tax pref- Mr. POLIS. I urge my colleagues to in Orlando, Florida, or in Pensacola, erences for industries that may be in or vote ‘‘no’’ and to defeat the previous Florida, or whether you live in Dallas, out of favor of government officials. question. Texas, or whether you live in Cali- Let’s allow companies to invest in These are important bills, and I fornia. The needs of this great Nation their own growth and encourage pri- strongly support the underlying bill. I are about job creation and about ensur- vate sector job creation and have real encourage its passage, and again en- ing in a competitive marketplace that corporate tax reform as the President courage my colleagues to be fully we keep jobs, that we have ample cred- has proposed and the chair of the Ways aware that, by passing this bill, we are it that’s available, that we have new and Means Committee, Chairman not creating a single job. Yes, by pres- ideas like we’re handling today in this CAMP, has proposed and many on both suring the Senate and by getting the bill, but that we also go to some old sides of the aisle have proposed. bill to Obama’s desk, it can eventually ideas, one of which is, when you tax I call upon our House to move for- lead to the enhancement of our capital companies or when you tax something, ward a bill that will fundamentally markets and some job creation, but you get less of it. make American businesses more com- this doesn’t get us off the hook. What the President of the United States and the Democratic Party want petitive and that, Mr. Speaker, we can Passing this bill and not balancing to do is to tax America—the free enter- call a jobs act. the budget deficit, as this Congress is prise system—to pick winners and los- What else can we call a jobs act? We currently doing, as well as passing this ers and then try to call that ‘‘new rev- can call a jobs act doing something bill and not reforming our Tax Code by enue’’ to this country when, in fact, all about our national deficit, the fact making it more in line with the inter- it does is offset it with higher unem- that the current fiscal integrity of our national standard, is not a recipe for ployment. Nation is at stake if we do not take ac- American competitiveness or jobs. In tion. Over the next 10 to 15 years, yes, We need a pro-growth economy. We fact, this bill alone, if it means the ab- need a pro-growth agenda from the our Nation faces an immense financial sence of balancing our budget and the crisis. United States Congress. It’s not just absence of making our Tax Code com- the House but the Senate, also. We b 1330 petitive, is just an anti-jobs bill. You need the President of the United States We need a balanced approach, a big, can’t bail out a sinking ship. This to understand that his temptation to bold and balanced approach, as has country needs fundamental change. We talk about economic growth should be been outlined by both the Gang of Six need to balance our budget deficit. We about job creation, not just about pick- and the Bowles-Simpson Commission. need corporate tax reform. We need in- ing winners and losers. We need some- There are a number of people on both dividual tax reform. one who will bring this country to- sides of the aisle who have been calling I call upon my colleagues on both gether, not attack our free enterprise for real deficit reduction, and yet this sides of the aisle to take those items system, not stand up in front of people House has not reduced the deficit and up. Yes, it is a small positive measure and say that we can work together but has continued to pass and operate, in to help free up capital flow, particu- then not actually become responsible fact, under a budget that simply con- larly for start-ups and small- and mid- enough to become engaged in legisla- tinues these record deficits for the next cap companies. Let’s pass this jobs bill tion that will pass so that we can make 10 years. now. I encourage my colleagues to sup- this country stronger. Providing that certainty around the port the bill. The Republican Party is here today, fiscal integrity of our country—to I yield back the balance of my time. leading this bill on the floor. We’ve got

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.039 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1231 a rule which allows for 17 amend- scribes the vote on the previous question on FURTHER MESSAGE FROM THE ments—13 from Democrats, 3 from Re- the rule as ‘‘a motion to direct or control the SENATE publicans, 1 bipartisan. Once again, our consideration of the subject before the House being made by the Member in charge.’’ To A further message from the Senate Speaker, JOHN BOEHNER, and the gen- defeat the previous question is to give the by Ms. Curtis, one of its clerks, an- tleman from California, DAVID DREIER, opposition a chance to decide the subject be- nounced that the Senate has passed who is the chairman of the Rules Com- fore the House. Cannon cites the Speaker’s without amendment a bill of the House mittee, are intensely interested in hav- ruling of January 13, 1920, to the effect that of the following title: ing this House work in a bipartisan ‘‘the refusal of the House to sustain the de- mand for the previous question passes the H.R. 4105. An act to apply the counter- fashion, but making progress for the vailing duty provisions of the Tariff Act of American people. The American people control of the resolution to the opposition’’ in order to offer an amendment. On March 1930 to nonmarket economy countries, and expect us and want us to do better. 15, 1909, a member of the majority party of- for other purposes. Today is a chance to work together, fered a rule resolution. The House defeated f pass a bill, put it across the aisle to the the previous question and a member of the Senate, and ask them to please join us opposition rose to a parliamentary inquiry, BUREAU OF RECLAMATION SMALL in making life better for Americans. asking who was entitled to recognition. CONDUIT HYDROPOWER DEVEL- Mr. Speaker, I hope all of my col- Speaker Joseph G. Cannon (R-Illinois) said: OPMENT AND RURAL JOBS ACT leagues support this rule. It’s a great ‘‘The previous question having been refused, OF 2011 the gentleman from New York, Mr. Fitz- rule. It does the right thing. The un- gerald, who had asked the gentleman to The SPEAKER pro tempore (Mr. MIL- derlying legislation is wonderful, and I yield to him for an amendment, is entitled to LER of Florida). Pursuant to House urge a ‘‘yes’’ vote on the previous ques- the first recognition.’’ Resolution 570 and rule XVIII, the tion and on the rule. Because the vote today may look bad for Chair declares the House in the Com- the Republican majority they will say ‘‘the The material previously referred to mittee of the Whole House on the state by Mr. POLIS is as follows: vote on the previous question is simply a vote on whether to proceed to an immediate of the Union for the further consider- AN AMENDMENT TO H. RES. 572 OFFERED BY vote on adopting the resolution . . . [and] ation of the bill, H.R. 2842. MR. POLIS OF COLORADO has no substantive legislative or policy im- At the end of the resolution, add the fol- plications whatsoever.’’ But that is not what b 1337 lowing new sections: they have always said. Listen to the Repub- IN THE COMMITTEE OF THE WHOLE SEC. 2. Immediately upon adoption of this lican Leadership Manual on the Legislative Accordingly, the House resolved resolution the Speaker shall, pursuant to Process in the United States House of Rep- clause 2(b) of rule XVIII, declare the House resentatives, (6th edition, page 135). Here’s itself into the Committee of the Whole resolved into the Committee of the Whole how the Republicans describe the previous House on the state of the Union for the House on the state of the Union for consider- question vote in their own manual: ‘‘Al- further consideration of the bill (H.R. ation of the bill (H.R. 1748) to provide con- though it is generally not possible to amend 2842) to authorize all Bureau of Rec- sumers relief from high gas prices, and for the rule because the majority Member con- lamation conduit facilities for hydro- other purposes. The first reading of the bill trolling the time will not yield for the pur- shall be dispensed with. All points of order power development under Federal Rec- pose of offering an amendment, the same re- lamation law, and for other purposes, against consideration of the bill are waived. sult may be achieved by voting down the pre- General debate shall be confined to the bill vious question on the rule.... When the with Mr. MCCLINTOCK (Acting Chair) in and shall not exceed one hour equally di- motion for the previous question is defeated, the chair. vided among and controlled by the chair and control of the time passes to the Member The Clerk read the title of the bill. ranking minority members of the Committee who led the opposition to ordering the pre- The Acting CHAIR. When the Com- on Energy and Commerce, the Committee on vious question. That Member, because he mittee of the Whole rose on Tuesday, Ways and Means, and the Committee on Nat- then controls the time, may offer an amend- March 6, 2012, amendment No. 3 printed ural Resources. After general debate the bill ment to the rule, or yield for the purpose of in the CONGRESSIONAL RECORD by the shall be considered for amendment under the amendment.’’ five-minute rule. All points of order against In Deschler’s Procedure in the U.S. House gentleman from Minnesota (Mr. ELLI- provisions in the bill are waived. At the con- of Representatives, the subchapter titled SON) had been disposed of. clusion of consideration of the bill for ‘‘Amending Special Rules’’ states: ‘‘a refusal AMENDMENT NO. 1 OFFERED BY MRS. amendment the Committee shall rise and re- to order the previous question on such a rule NAPOLITANO port the bill to the House with such amend- [a special rule reported from the Committee The Acting CHAIR. Pursuant to ments as may have been adopted. The pre- on Rules] opens the resolution to amend- clause 6 of rule XVIII, the unfinished vious question shall be considered as ordered ment and further debate.’’ (Chapter 21, sec- on the bill and amendments thereto to final tion 21.2) Section 21.3 continues: ‘‘Upon re- business is the demand for a recorded passage without intervening motion except jection of the motion for the previous ques- vote on the amendment offered by the one motion to recommit with or without in- tion on a resolution reported from the Com- gentlewoman from California (Mrs. structions. If the Committee of the Whole mittee on Rules, control shifts to the Mem- NAPOLITANO) on which further pro- rises and reports that it has come to no reso- ber leading the opposition to the previous ceedings were postponed and on which lution on the bill, then on the next legisla- question, who may offer a proper amendment the noes prevailed by voice vote. tive day the House shall, immediately after or motion and who controls the time for de- The Clerk will redesignate the bate thereon.’’ the third daily order of business under clause amendment. 1 of rule XIV, resolve into the Committee of Clearly, the vote on the previous question the Whole for further consideration of the on a rule does have substantive policy impli- The Clerk redesignated the amend- bill. cations. It is one of the only available tools ment. SEC. 3. Clause 1(c) of rule XIX shall not for those who oppose the Republican major- RECORDED VOTE apply to the consideration of the bill speci- ity’s agenda and allows those with alter- The Acting CHAIR. A recorded vote fied in section 2 of this resolution. native views the opportunity to offer an al- ternative plan. has been demanded. A recorded vote was ordered. (The information contained herein was Mr. SESSIONS. I yield back the bal- provided by the Republican Minority on mul- ance of my time, and I move the pre- The vote was taken by electronic de- tiple occasions throughout the 110th and vious question on the resolution. vice, and there were—ayes 168, noes 253, 111th Congresses.) The SPEAKER pro tempore. The not voting 11, as follows: THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous [Roll No. 98] IT REALLY MEANS question. AYES—168 This vote, the vote on whether to order the The question was taken; and the Ackerman Brady (PA) Cicilline previous question on a special rule, is not Speaker pro tempore announced that Altmire Braley (IA) Clarke (MI) merely a procedural vote. A vote against or- the ayes appeared to have it. Andrews Brown (FL) Clarke (NY) dering the previous question is a vote Mr. POLIS. Mr. Speaker, on that I Baca Butterfield Clay against the Republican majority agenda and Baldwin Capps Cleaver a vote to allow the opposition, at least for demand the yeas and nays. Bass (CA) Capuano Clyburn the moment, to offer an alternative plan. It The yeas and nays were ordered. Becerra Carnahan Cohen Berkley Carney Connolly (VA) is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, further pro- Berman Carson (IN) Conyers bating. Bishop (NY) Castor (FL) Cooper Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Blumenauer Chandler Costello House of Representatives (VI, 308–311), de- poned. Bonamici Chu Courtney

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.040 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1232 CONGRESSIONAL RECORD — HOUSE March 7, 2012

Critz Johnson (GA) Quigley McKeon Reed Smith (NE) MOTION TO RECOMMIT Crowley Johnson, E. B. Rahall McKinley Rehberg Smith (NJ) Mr. GARAMENDI. Mr. Speaker, I Cuellar Kaptur Reyes McMorris Reichert Smith (TX) Cummings Keating Richardson Rodgers Renacci Southerland have a motion at the desk. Davis (CA) Kildee Richmond Meehan Ribble Stearns The SPEAKER pro tempore. Is the Davis (IL) Kind Rothman (NJ) Mica Rigell Stivers gentleman opposed to the bill? DeFazio Kissell Roybal-Allard Miller (FL) Rivera Stutzman Mr. GARAMENDI. In its present DeGette Kucinich Ruppersberger Miller (MI) Roby Sullivan DeLauro Langevin Rush Miller, Gary Roe (TN) Terry form, yes. Deutch Larsen (WA) Ryan (OH) Mulvaney Rogers (AL) Thompson (MS) The SPEAKER pro tempore. The gen- Dicks Larson (CT) Sa´ nchez, Linda Murphy (PA) Rogers (KY) Thompson (PA) tleman qualifies. Dingell Lee (CA) T. Myrick Rogers (MI) Thornberry Doggett Levin Sanchez, Loretta Neugebauer Rohrabacher Tiberi The Clerk will report the motion to Doyle Lewis (GA) Sarbanes Noem Rokita Tipton recommit. Edwards Lipinski Schakowsky Nugent Rooney Turner (NY) The Clerk read as follows: Nunes Ros-Lehtinen Turner (OH) Ellison Lofgren, Zoe Schiff Mr. Garamendi moves to recommit the bill Engel Lowey Schrader Nunnelee Roskam Upton Eshoo Luja´ n Schwartz Olson Ross (AR) Walberg H.R. 2842 to the Committee on Natural Re- Farr Lynch Scott (VA) Owens Ross (FL) Walden sources with instructions to report the same Fattah Maloney Scott, David Palazzo Royce Walsh (IL) back to the House forthwith with the fol- Filner Markey Serrano Paulsen Runyan Webster lowing amendment: Frank (MA) Matsui Sewell Pearce Ryan (WI) West At the end of the bill, add the following: Fudge McCarthy (NY) Sherman Pence Scalise Westmoreland SEC. 3. MAKE IT IN AMERICA. Garamendi McCollum Sires Peterson Schilling Whitfield Gonzalez McDermott Slaughter Petri Schock Wilson (SC) Any lease of power privilege offered pursu- Green, Al McGovern Smith (WA) Pitts Schweikert Wittman ant to this Act or the amendments made by Green, Gene McIntyre Speier Platts Scott (SC) Wolf this Act shall require that all materials used Grijalva McNerney Stark Poe (TX) Scott, Austin Womack for conduit hydropower generation be manu- Gutierrez Meeks Sutton Polis Sensenbrenner Woodall factured in the United States. Hahn Michaud Thompson (CA) Pompeo Sessions Yoder Hanabusa Miller (NC) Tierney Posey Shimkus Young (AK) The SPEAKER pro tempore. The gen- Heinrich Miller, George Tonko Price (GA) Shuster Young (FL) tleman from California is recognized Higgins Moran Towns Quayle Simpson Young (IN) for 5 minutes. Himes Murphy (CT) Tsongas Hinchey Nadler Van Hollen NOT VOTING—11 Mr. GARAMENDI. Mr. Speaker, my Hirono Napolitano Vela´ zquez Hinojosa Paul Shuler colleagues, those of you that are ad- Hochul Neal Walz (MN) Inslee Pelosi Visclosky dicted to late-night C–SPAN, you may Holden Olver Wasserman Labrador Rangel Watt have noticed this placard which we’ve Holt Pallone Schultz Moore Schmidt Honda Pascrell Waters used for the last year. If you’re not ad- Hoyer Pastor (AZ) Waxman b 1405 dicted to late-night C–SPAN, then let Israel Perlmutter Welch me inform you what this is all about. Jackson (IL) Peters Wilson (FL) Messrs. ROKITA, LUETKEMEYER, This is about rebuilding the Amer- Jackson Lee Pingree (ME) Woolsey and GARY G. MILLER of California (TX) Price (NC) Yarmuth ican manufacturing sector. Mr. Speak- changed their vote from ‘‘aye’’ to ‘‘no.’’ er, if America is going to make it, then NOES—253 So the amendment was rejected. we must, once again, Make It In Amer- The result of the vote was announced Adams Cravaack Hartzler ica. Aderholt Crawford Hastings (FL) as above recorded. And this is about government policy. Akin Crenshaw Hastings (WA) The Acting CHAIR (Mr. POE of This is about the policies that you and Alexander Culberson Hayworth Texas). The question is on the com- Amash Davis (KY) Heck I have the opportunity to make here in Amodei Denham Hensarling mittee amendment in the nature of a America so that this great Nation can, Austria Dent Herger substitute, as amended. once again, become the great manufac- Bachmann DesJarlais Herrera Beutler The amendment was agreed to. Bachus Diaz-Balart Huelskamp turing center of the world. Barletta Dold Huizenga (MI) The Acting CHAIR. Under the rule, Is there any one of us in this room Barrow Donnelly (IN) Hultgren the Committee rises. that wants to concede American manu- Bartlett Dreier Hunter Accordingly, the Committee rose; facturing to China or to any other Barton (TX) Duffy Hurt and the Speaker pro tempore (Mr. Bass (NH) Duncan (SC) Issa place in the world? Is there one of us in Benishek Duncan (TN) Jenkins DOLD) having assumed the chair, Mr. this room that’s willing to give up the Berg Ellmers Johnson (IL) POE of Texas, Acting Chair of the Com- opportunity for this Nation to, once Biggert Emerson Johnson (OH) mittee of the Whole House on the state Bilbray Farenthold Johnson, Sam again, be the pride of this world when Bilirakis Fincher Jones of the Union, reported that that Com- it comes to making things? Bishop (GA) Fitzpatrick Jordan mittee, having had under consideration Gentlemen and ladies, it’s all about Bishop (UT) Flake Kelly the bill (H.R. 2842) to authorize all Bu- policy. It’s about the policy that we Black Fleischmann King (IA) reau of Reclamation conduit facilities Blackburn Fleming King (NY) write here in the Halls of Congress. It’s Bonner Flores Kingston for hydropower development under about how we structure our tax policy, Bono Mack Forbes Kinzinger (IL) Federal Reclamation law, and for other how we structure our employment pol- Boren Fortenberry Kline purposes, and, pursuant to House Reso- Boswell Foxx Lamborn icy and our educational policy. It’s Boustany Franks (AZ) Lance lution 570, reported the bill back to the about the laws that we make. Brady (TX) Frelinghuysen Landry House with an amendment adopted in Brooks Gallegly Lankford the Committee of the Whole. b 1410 Broun (GA) Gardner Latham The SPEAKER pro tempore. Under And don’t think this is industrial Buchanan Garrett LaTourette Bucshon Gerlach Latta the rule, the previous question is or- policy that’s new. It’s not. George Buerkle Gibbs Lewis (CA) dered. Washington turned to his Secretary of Burgess Gibson LoBiondo Is a separate vote demanded on the Treasury and told Mr. Hamilton, I Burton (IN) Gingrey (GA) Loebsack Calvert Gohmert Long amendment to the amendment re- want an industrial policy for America. Camp Goodlatte Lucas ported from the Committee of the And Hamilton came back with eight Campbell Gosar Luetkemeyer Whole? specific things that needed to be done Canseco Gowdy Lummis If not, the question is on the com- at the very birth of this Nation to Cantor Granger Lungren, Daniel Capito Graves (GA) E. mittee amendment in the nature of a build the American manufacturing sec- Cardoza Graves (MO) Mack substitute, as amended. tor. And from that start, we grew. So, Carter Griffin (AR) Manzullo The amendment was agreed to. George Washington set out an indus- Cassidy Griffith (VA) Marchant Chabot Grimm Marino The SPEAKER pro tempore. The trial policy, put in place laws to build Chaffetz Guinta Matheson question is on the engrossment and the start of the great American manu- Coble Guthrie McCarthy (CA) third reading of the bill. facturing renaissance. But let’s look Coffman (CO) Hall McCaul The bill was ordered to be engrossed what happened. Cole Hanna McClintock Conaway Harper McCotter and read a third time, and was read the This chart is not a happy chart. This Costa Harris McHenry third time. chart is about the decline. Beginning in

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.005 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1233 the seventies, we began to see the de- Mr. HASTINGS of Washington. Mr. [Roll No. 99] cline of American manufacturing as Speaker, I first want to note that the AYES—182 policies that were written by this author of the motion to recommit Ackerman Filner Moran House, by the Senate, signed by Presi- voted for the bill out of committee Altmire Frank (MA) Murphy (CT) dents, Democrat and Republican, without this amendment. So there cer- Andrews Fudge Nadler changed the groundwork upon which tainly is some basis of support for this Baca Garamendi Napolitano our manufacturing sector could be Baldwin Gonzalez Neal bill. But I find it very, very ironic that Barrow Green, Al Olver built. And so we began the decline. we continue to have what I consider Bass (CA) Green, Gene Pallone Twenty-five years ago, 20 million impediments to job creation in this Becerra Grijalva Pascrell Americans were in the manufacturing country made by the other side, be- Berkley Gutierrez Pastor (AZ) sector. Twenty-five years ago, the Berman Hahn Pelosi cause the other side has generally—not Bishop (GA) Hanabusa Perlmutter American middle class was strong and everybody, to the credit of some of Bishop (NY) Hastings (FL) Peters vibrant and growing, prosperous, able those that understand energy cre- Blumenauer Heinrich Pingree (ME) to own a home, able to take care of Bonamici Higgins Price (NC) ation—but generally they oppose all Boren Himes their family, go on vacation, buy boats, Quigley American energy. Boswell Hinchey Rahall fish—whatever—25 years ago. Today, Brady (PA) Hirono Look at the vote on developing the Reyes just over 11 million Americans are in Braley (IA) Hochul Richardson resources in the Outer Continental Brown (FL) Holden the manufacturing sector. If you were Richmond Butterfield Holt Shelf. Look at the vote on developing Ross (AR) to chart where the middle class is in Capps Honda resources in Alaska. Look at the vote Rothman (NJ) Capuano Hoyer America, it follows almost exactly this Roybal-Allard on developing resources in the inter- Cardoza Inslee same curve downward. Ruppersberger mountain West. They have always been Carnahan Israel We have an opportunity today to do Rush Carney Jackson (IL) generally opposed to it on that side of Ryan (OH) one small thing, one small thing: to Carson (IN) Jackson Lee the aisle. So now we have here in front Sa´ nchez, Linda put in place a policy that will once Castor (FL) (TX) T. of us a bill that would create American Chandler Johnson (GA) again lead us back to making it in Sanchez, Loretta energy, and they want to put another Chu Johnson, E. B. America, back to rebuilding our manu- Sarbanes qualification on it. Cicilline Jones facturing sector. We can do it here Clarke (MI) Kaptur Schakowsky with this amendment that I proposed. Now, the gentleman—as a matter of Clarke (NY) Keating Schiff fact, in the debate he did somewhat Clay Kildee Schrader It’s not going to solve all the problems, Schwartz mischaracterize because the amend- Cleaver Kind and it’s not going to employ millions. Clyburn Kissell Scott (VA) But if you happen to live in New Mex- ment says ‘‘materials.’’ We don’t mind, Cohen Kucinich Scott, David for example—one example, all of the Connolly (VA) Langevin Serrano ico, you may want to know that the Sewell Elephant Butte Irrigation District has rare Earth we need for high tech- Conyers Larsen (WA) Cooper Larson (CT) Sherman a small hydro facility and able to build nology, we have to import it. And yet Costa Lee (CA) Sires in America a hydro facility. They cob- he would have us do it here when we Costello Levin Slaughter don’t even have a source for those ma- Courtney Lewis (GA) Smith (WA) bled it together on their own. Speier If you happen to be from Washington, terials. That’s what this bill says. Critz Lipinski Crowley Loebsack Stark specifically Deming, Washington, you So, finally, Mr. Speaker, let me just Cuellar Lofgren, Zoe Sutton may know that Canyon Hydro builds tell you what this bill does. Cummings Lowey Thompson (CA) small hydro projects and programs and Davis (CA) Luja´ n Thompson (MS) Mr. GARAMENDI. Will the gen- Davis (IL) Lynch Tierney materials. If you happen to be from Al- tleman yield? DeFazio Maloney Tonko ameda, California—listen up my 52 Mr. HASTINGS of Washington. I will DeGette Markey Towns other Californians—Natal Energy DeLauro Matheson Tsongas not yield. The gentleman had 5 min- builds small hydros. And if you’re from Deutch Matsui Van Hollen utes to make his case. Vela´ zquez Ohio—much discussed these last couple Dingell McCarthy (NY) Let me just tell you what this bill Doggett McCollum Walz (MN) days—Springfield, James Leffel and Donnelly (IN) McDermott Wasserman Company builds small hydros. does. This bill creates American jobs Doyle McGovern Schultz We can make it in America. This with American energy at no cost to the Edwards McIntyre Waters taxpayer. What else do you need to Ellison McNerney Waxman amendment simply says that any com- Engel Meeks Welch pany that applies for one of these small say? Vote against the motion to recom- Eshoo Michaud Wilson (FL) hydro projects must use American- mit. Farr Miller (NC) Woolsey made equipment. This is how we re- Mr. Speaker, I yield back the balance Fattah Miller, George Yarmuth build the American manufacturing sec- of my time. NOES—237 tor, piece by piece, law by law—laws The SPEAKER pro tempore. Without Adams Calvert Fitzpatrick like this that require in the public objection, the previous question is or- Aderholt Camp Flake works that we buy America, that we dered. Akin Campbell Fleischmann build America, and that we return the Alexander Canseco Fleming There was no objection. Amash Cantor Flores great American middle class back to The SPEAKER pro tempore. The Amodei Capito Forbes where it should be, at the top of the question is on the motion to recommit. Austria Carter Fortenberry heap, not at the bottom and not declin- Bachmann Cassidy Foxx The question was taken; and the Bachus Chabot Franks (AZ) ing. Barletta Chaffetz Frelinghuysen So, gentlemen and ladies, it’s up to Speaker pro tempore announced that the noes appeared to have it. Bartlett Coble Gallegly us. This is our policy opportunity, in Barton (TX) Coffman (CO) Gardner one small way, in one small hydro RECORDED VOTE Bass (NH) Cole Garrett Benishek Conaway Gerlach project to simply say: do it, but use Mr. GARAMENDI. Mr. Speaker, I de- Berg Cravaack Gibbs American-made equipment. mand a recorded vote. Biggert Crawford Gibson We can, once again, make it in Amer- A recorded vote was ordered. Bilbray Crenshaw Gingrey (GA) ica. And Americans can make it when Bilirakis Culberson Gohmert The SPEAKER pro tempore. Pursu- Bishop (UT) Davis (KY) Goodlatte we have policies in place. Black Denham Gosar Mr. Speaker, I ask for an ‘‘aye’’ vote ant to clause 8 and clause 9 of rule XX, this 15-minute vote on the motion to Blackburn Dent Gowdy on this important, small, critical Bonner DesJarlais Granger amendment. recommit will be followed by 5-minute Bono Mack Diaz-Balart Graves (GA) Mr. Speaker, I yield back the balance votes on the passage of the bill, if or- Boustany Dold Graves (MO) dered; ordering the previous question Brady (TX) Dreier Griffin (AR) of my time. Brooks Duffy Griffith (VA) Mr. HASTINGS of Washington. Mr. on House Resolution 572; and adoption Broun (GA) Duncan (SC) Grimm Speaker, I rise in opposition to the mo- of House Resolution 572, if ordered. Buchanan Duncan (TN) Guinta The vote was taken by electronic de- Bucshon Ellmers Guthrie tion to recommit. Buerkle Emerson Hall The SPEAKER pro tempore. The gen- vice, and there were—ayes 182, noes 237, Burgess Farenthold Hanna tleman is recognized for 5 minutes. not voting 13, as follows: Burton (IN) Fincher Harper

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.047 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1234 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Harris McHenry Ros-Lehtinen Brady (TX) Harper Pence Gutierrez Markey Sa´ nchez, Linda Hartzler McKeon Roskam Brooks Harris Perlmutter Hahn Matsui T. Hastings (WA) McKinley Ross (FL) Broun (GA) Hartzler Peterson Hanabusa McCarthy (NY) Sanchez, Loretta Hayworth McMorris Royce Buchanan Hastings (WA) Petri Hastings (FL) McCollum Sarbanes Heck Rodgers Runyan Bucshon Hayworth Pitts Heinrich McDermott Schakowsky Hensarling Meehan Ryan (WI) Buerkle Heck Platts Higgins McGovern Schiff Herger Mica Scalise Burgess Hensarling Poe (TX) Hinchey McNerney Schwartz Herrera Beutler Miller (FL) Schilling Burton (IN) Herger Polis Hirono Meeks Scott (VA) Huelskamp Miller (MI) Schock Calvert Herrera Beutler Pompeo Hochul Michaud Scott, David Huizenga (MI) Miller, Gary Schweikert Camp Himes Posey Holden Miller (NC) Serrano Hultgren Mulvaney Scott (SC) Campbell Huelskamp Price (GA) Holt Miller, George Sewell Hunter Murphy (PA) Scott, Austin Canseco Huizenga (MI) Quayle Honda Moran Sherman Hurt Myrick Hoyer Sensenbrenner Cantor Hultgren Reed Murphy (CT) Sires Issa Neugebauer Inslee Sessions Capito Hunter Rehberg Nadler Slaughter Jenkins Noem Cardoza Israel Shimkus Hurt Reichert Napolitano Smith (WA) Johnson (IL) Nugent Carney Issa Renacci Jackson (IL) Shuster Neal Speier Johnson (OH) Nunes Carter Jenkins Ribble Jackson Lee Simpson Olver Stark Johnson, Sam Nunnelee Cassidy Johnson (IL) Rigell (TX) Smith (NE) Pallone Sutton Jordan Olson Chabot Johnson (OH) Rivera Johnson, E. B. Smith (NJ) Pascrell Thompson (CA) Kelly Owens Chaffetz Johnson, Sam Roby Kaptur Smith (TX) Pastor (AZ) Thompson (MS) King (IA) Palazzo Coble Jones Roe (TN) Keating Southerland Pelosi King (NY) Paulsen Coffman (CO) Jordan Rogers (AL) Kildee Tierney Stearns Kingston Pearce Cole Kelly Rogers (KY) Kind Peters Tonko Stivers Kinzinger (IL) Pence Conaway King (IA) Rogers (MI) Kucinich Pingree (ME) Towns Kline Petri Stutzman Costa King (NY) Rohrabacher Langevin Price (NC) Tsongas Lamborn Pitts Sullivan Costello Kingston Rokita Larsen (WA) Quigley Van Hollen Lance Platts Terry Courtney Kinzinger (IL) Rooney Larson (CT) Rahall Vela´ zquez Landry Poe (TX) Thompson (PA) Cravaack Kissell Ros-Lehtinen Lee (CA) Reyes Walz (MN) Lankford Polis Thornberry Crawford Kline Roskam Levin Richardson Wasserman Latham Pompeo Tiberi Crenshaw Lamborn Ross (AR) Lewis (GA) Richmond Schultz LaTourette Posey Tipton Cuellar Lance Ross (FL) Lipinski Rothman (NJ) Waters Latta Price (GA) Turner (NY) Culberson Landry Royce Lofgren, Zoe Roybal-Allard Waxman Lewis (CA) Quayle Turner (OH) Denham Lankford Runyan Lowey Ruppersberger Wilson (FL) LoBiondo Reed Upton Dent Latham Ryan (WI) Lynch Rush Woolsey Long Rehberg Walden DesJarlais LaTourette Scalise Maloney Ryan (OH) Yarmuth Lucas Reichert Walsh (IL) Diaz-Balart Latta Schilling Luetkemeyer Renacci Webster Dold Lewis (CA) Schock NOT VOTING—13 Lummis Ribble West Donnelly (IN) LoBiondo Schrader Cummings Labrador Shuler Lungren, Daniel Rigell Westmoreland Dreier Loebsack Schweikert Davis (KY) Moore Visclosky E. Rivera Whitfield Duffy Long Scott (SC) Green, Gene Paul Watt Mack Roby Wilson (SC) Duncan (SC) Lucas Scott, Austin Hinojosa Rangel Manzullo Roe (TN) Wittman Duncan (TN) Luetkemeyer Sensenbrenner Johnson (GA) Schmidt Marchant Rogers (AL) Wolf Ellmers Luja´ n Sessions Marino Rogers (KY) Womack Emerson Lummis Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE McCarthy (CA) Rogers (MI) Yoder Farenthold Lungren, Daniel Shuster The SPEAKER pro tempore (during McCaul Rohrabacher Young (AK) Farr E. Simpson the vote). There is 1 minute remaining. McClintock Rokita Young (FL) Fincher Mack Smith (NE) McCotter Rooney Young (IN) Fitzpatrick Manzullo Smith (NJ) Flake Marchant Smith (TX) b 1443 NOT VOTING—13 Fleischmann Marino Southerland Ms. FOXX and Mr. CARNEY changed Dicks Peterson Walberg Fleming Matheson Stearns Hinojosa Rangel Watt Flores McCarthy (CA) Stivers their vote from ‘‘nay’’ to ‘‘yea.’’ Labrador Schmidt Woodall Forbes McCaul Stutzman So the bill was passed. Moore Shuler Fortenberry McClintock Sullivan The result of the vote was announced Paul Visclosky Foxx McCotter Terry Franks (AZ) McHenry Thompson (PA) as above recorded. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Frelinghuysen McIntyre Thornberry A motion to reconsider was laid on The SPEAKER pro tempore (during Gallegly McKeon Tiberi the table. the vote). There are 2 minutes remain- Garamendi McKinley Tipton Gardner McMorris Turner (NY) f ing. Garrett Rodgers Turner (OH) Gerlach Meehan Upton JUMPSTART OUR BUSINESS b 1434 Gibbs Mica Walberg STARTUPS ACT So the motion to recommit was re- Gibson Miller (FL) Walden Gingrey (GA) Miller (MI) Walsh (IL) jected. The SPEAKER pro tempore. The un- Gohmert Miller, Gary Webster finished business is the vote on order- The result of the vote was announced Goodlatte Mulvaney Welch as above recorded. Gosar Murphy (PA) West ing the previous question on the reso- Gowdy Myrick Westmoreland lution (H. Res. 572) providing for con- The SPEAKER pro tempore. The Granger Neugebauer Whitfield question is on the passage of the bill. sideration of the bill (H.R. 3606) to in- Graves (GA) Noem Wilson (SC) crease American job creation and eco- The question was taken; and the Graves (MO) Nugent Wittman Speaker pro tempore announced that Griffin (AR) Nunes Wolf nomic growth by improving access to Griffith (VA) Nunnelee Womack the ayes appeared to have it. the public capital markets for emerg- Grimm Olson Woodall ing growth companies, on which the Mr. HASTINGS of Washington. Mr. Guinta Owens Yoder Speaker, on that I demand the yeas Guthrie Palazzo Young (AK) yeas and nays were ordered. Hall Paulsen Young (FL) The Clerk read the title of the resolu- and nays. Hanna Pearce Young (IN) The yeas and nays were ordered. tion. The SPEAKER pro tempore. The The SPEAKER pro tempore. This NAYS—154 will be a 5-minute vote. question is on ordering the previous Ackerman Castor (FL) DeGette question. The vote was taken by electronic de- Altmire Chandler DeLauro vice, and there were—yeas 265, nays Andrews Chu Deutch This is a 5-minute vote. Baldwin Cicilline Dicks 154, not voting 13, as follows: The vote was taken by electronic de- Bass (CA) Clarke (MI) Dingell vice, and there were—yeas 244, nays [Roll No. 100] Becerra Clarke (NY) Doggett Berman Clay Doyle 177, not voting 11, as follows: YEAS—265 Bishop (NY) Cleaver Edwards [Roll No. 101] Adams Barletta Bilirakis Blumenauer Clyburn Ellison Aderholt Barrow Bishop (GA) Bonamici Cohen Engel YEAS—244 Akin Bartlett Bishop (UT) Brady (PA) Connolly (VA) Eshoo Adams Bachus Bilbray Alexander Barton (TX) Black Braley (IA) Conyers Fattah Aderholt Barletta Bilirakis Amash Bass (NH) Blackburn Brown (FL) Cooper Filner Akin Bartlett Bishop (UT) Amodei Benishek Bonner Butterfield Critz Frank (MA) Alexander Barton (TX) Black Austria Berg Bono Mack Capps Crowley Fudge Amash Bass (NH) Blackburn Baca Berkley Boren Capuano Davis (CA) Gonzalez Amodei Benishek Bonner Bachmann Biggert Boswell Carnahan Davis (IL) Green, Al Austria Berg Bono Mack Bachus Bilbray Boustany Carson (IN) DeFazio Grijalva Bachmann Biggert Boren

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.007 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1235 Boustany Harper Peterson Hanabusa Markey Ryan (OH) League, and for the first time, there Brady (TX) Harris Petri Hastings (FL) Matsui Sa´ nchez, Linda Brooks Hartzler Pitts Heinrich McCarthy (NY) T. has been a commitment that has been Broun (GA) Hastings (WA) Platts Higgins McCollum Sanchez, Loretta made. Part of these proceeds will be Buchanan Hayworth Poe (TX) Himes McDermott Sarbanes matched with commitments that will, Bucshon Heck Pompeo Hinchey McGovern Schakowsky with Gary Bettman, the commissioner Buerkle Hensarling Posey Hirono McIntyre Schiff Burgess Herger Price (GA) Holden McNerney Schrader of the National Hockey League, sup- Burton (IN) Herrera Beutler Quayle Holt Meeks Schwartz port scholarships now for the Thurgood Calvert Hochul Reed Honda Michaud Scott (VA) Marshall Scholarship Fund, to the col- Camp Huelskamp Rehberg Hoyer Miller (NC) Scott, David lege fund. They will help support 4-year Campbell Huizenga (MI) Reichert Inslee Miller, George Serrano Canseco Hultgren Renacci Israel Moran Sewell scholarships to one of the 47 public His- Cantor Hunter Ribble Jackson (IL) Murphy (CT) Sherman torically Black Colleges and Univer- Capito Issa Rigell Jackson Lee Nadler Sires sities for an inner-city youth. We are Carter Jenkins Rivera (TX) Napolitano Slaughter Cassidy Johnson (IL) Roby Johnson (GA) Neal Smith (WA) excited and grateful to be a part of it. Chabot Johnson (OH) Roe (TN) Johnson, E. B. Olver Speier I yield to my friend, the gentleman Chaffetz Johnson, Sam Rogers (AL) Jones Owens Stark from Illinois (Mr. QUIGLEY). Coble Jordan Rogers (KY) Kaptur Pallone Sutton Coffman (CO) Kelly Rogers (MI) Keating Pascrell Thompson (CA) Mr. QUIGLEY. Mr. Speaker, I want Cole Kind Rohrabacher Kildee Pastor (AZ) Thompson (MS) to thank the lobbyists for the day, Conaway King (IA) Rokita Kissell Pelosi Tierney Nick Lewis who helped organize this. Costa King (NY) Rooney Kucinich Perlmutter Tonko The game did get a little chippy, that’s Cravaack Kingston Ros-Lehtinen Langevin Peters Towns Crawford Kinzinger (IL) Roskam Larsen (WA) Pingree (ME) Tsongas true, but it has no connection with the Crenshaw Kline Ross (AR) Larson (CT) Polis Van Hollen 20-point lobbying reform measure that Cuellar Lamborn Ross (FL) Lee (CA) Price (NC) Vela´ zquez we’re putting out tomorrow. Culberson Lance Royce Levin Quigley Walz (MN) Denham Landry Runyan Lewis (GA) Rahall Wasserman I also want to thank the staff who Dent Lankford Ryan (WI) Lipinski Reyes Schultz helped carry this older team of guys, DesJarlais Latham Scalise Loebsack Richardson Waters our captain, Tim Regan right over Diaz-Balart LaTourette Schilling Lofgren, Zoe Richmond Waxman Dold Latta Schock Lowey Rothman (NJ) Welch here, for helping us win the game and Dreier Lewis (CA) Schweikert Luja´ n Roybal-Allard Wilson (FL) bring back the cup and beat back the Duffy LoBiondo Scott (SC) Lynch Ruppersberger Woolsey evil horde. Duncan (SC) Long Scott, Austin Maloney Rush Yarmuth Thanks, everyone. Duncan (TN) Lucas Sensenbrenner Ellmers Luetkemeyer Sessions NOT VOTING—11 The SPEAKER pro tempore. Without Emerson Lummis Shimkus Davis (KY) Moore Shuler objection, 5-minute voting will con- Farenthold Lungren, Daniel Shuster Hinojosa Paul Visclosky tinue. Fincher E. Simpson Hurt Rangel Watt Fitzpatrick Mack Smith (NE) Labrador Schmidt There was no objection. Flake Manzullo Smith (NJ) The SPEAKER pro tempore. The Fleischmann Marchant Smith (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE question is on the resolution. Fleming Marino Southerland The SPEAKER pro tempore (during The question was taken; and the Flores Matheson Stearns the vote). There is 1 minute remaining. Forbes McCarthy (CA) Stivers Speaker pro tempore announced that Fortenberry McCaul Stutzman b 1450 the ayes appeared to have it. Foxx McClintock Sullivan Franks (AZ) McCotter Terry So the previous question was ordered. RECORDED VOTE Frelinghuysen McHenry Thompson (PA) The result of the vote was announced Mr. POLIS. Mr. Speaker, I demand a Gallegly McKeon Thornberry as above recorded. recorded vote. Gardner McKinley Tiberi Garrett McMorris Tipton (By unanimous consent, Mr. MEEHAN A recorded vote was ordered. Gerlach Rodgers Turner (NY) was allowed to speak out of order.) The SPEAKER pro tempore. This is a Gibbs Meehan Turner (OH) CONGRESSIONAL HOCKEY CAUCUS 5-minute vote. Gibson Mica Upton Gingrey (GA) Miller (FL) Walberg Mr. MEEHAN. Mr. Speaker, it is my The vote was taken by electronic de- Gohmert Miller (MI) Walden great pleasure to stand with my col- vice, and there were—ayes 252, noes 166, Goodlatte Miller, Gary Walsh (IL) leagues, ERIK PAULSEN, MIKE QUIGLEY, not voting 14, as follows: Gosar Mulvaney Webster LARRY BUCSHON, and BRIAN HIGGINS, in Gowdy Murphy (PA) West [Roll No. 102] Granger Myrick Westmoreland a true bipartisan fashion to deliver the AYES—252 Graves (GA) Neugebauer Whitfield exciting news to the entire House that Adams Canseco Forbes Graves (MO) Noem Wilson (SC) this team, skating together as part of Green, Gene Nugent Wittman Aderholt Cantor Fortenberry Griffin (AR) Nunes Wolf the Congressional Hockey Caucus after Akin Carney Foxx Griffith (VA) Nunnelee Womack a 2-year absence, on Sunday at the Alexander Carter Franks (AZ) Grimm Olson Woodall Amash Cassidy Frelinghuysen Verizon Center won back the impor- Amodei Chabot Gallegly Guinta Palazzo Yoder tant cup in a victory of 5–3 over the Guthrie Paulsen Young (AK) Austria Chaffetz Gardner Hall Pearce Young (FL) Lobbyists. Bachmann Coble Garrett Hanna Pence Young (IN) It’s tough enough staying together, Bachus Coffman (CO) Gerlach Barletta Cole Gibbs but QUIGLEY is awfully chippy and we NAYS—177 Bartlett Conaway Gibson have to watch his back. There’s abso- Barton (TX) Cravaack Gingrey (GA) Ackerman Carney DeGette lutely no question about that. Bass (NH) Crawford Gohmert Altmire Carson (IN) DeLauro Mr. Speaker, this is a great game for Benishek Crenshaw Goodlatte Andrews Castor (FL) Deutch Berg Culberson Gosar Baca Chandler Dicks the spirit of the conference, but in all Biggert Davis (KY) Gowdy Baldwin Chu Dingell honesty, the true value of this game is Bilbray Denham Granger Barrow Cicilline Doggett it is a charity. With the great coopera- Bilirakis Dent Graves (GA) Bass (CA) Clarke (MI) Donnelly (IN) Bishop (UT) DesJarlais Graves (MO) Becerra Clarke (NY) Doyle tion and support of the National Hock- Black Diaz-Balart Griffin (AR) Berkley Clay Edwards ey League, the Washington Capitals Blackburn Dold Griffith (VA) Berman Cleaver Ellison and owner Ted Leonsis, we were able to Bonner Donnelly (IN) Grimm Bishop (GA) Clyburn Engel raise in excess of $160,000; and those Bono Mack Dreier Guinta Bishop (NY) Cohen Eshoo Boren Duffy Guthrie Blumenauer Connolly (VA) Farr dollars first will be dedicated to sup- Boustany Duncan (SC) Hall Bonamici Conyers Fattah port a program that the National Brooks Duncan (TN) Hanna Boswell Cooper Filner Hockey League has, which is, Hockey Broun (GA) Ellmers Harper Brady (PA) Costello Frank (MA) Buchanan Emerson Harris Braley (IA) Courtney Fudge is for Everyone, and that is to bring Bucshon Farenthold Hartzler Brown (FL) Critz Garamendi the game of hockey to inner-city youth Buerkle Fincher Hastings (WA) Butterfield Crowley Gonzalez who would otherwise not have an op- Burgess Fitzpatrick Hayworth Capps Cummings Green, Al portunity. Burton (IN) Flake Heck Capuano Davis (CA) Grijalva Calvert Fleischmann Hensarling Cardoza Davis (IL) Gutierrez More significantly, Mr. Speaker, in Camp Fleming Herger Carnahan DeFazio Hahn cooperation with the National Hockey Campbell Flores Herrera Beutler

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.009 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1236 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Himes McKinley Roskam Schwartz Stark Wasserman prised of six bills that originated in our Hochul McMorris Ross (AR) Scott (VA) Sutton Schultz committee and were approved by the Huelskamp Rodgers Ross (FL) Scott, David Thompson (CA) Waters Huizenga (MI) Meehan Royce Serrano Thompson (MS) Waxman committee. I’m also proud that these Hultgren Mica Ryan (WI) Sewell Tierney Welch six bills received overwhelming, strong Hunter Michaud Scalise Sherman Tonko Wilson (FL) bipartisan support in our committee. It Sires Towns Hurt Miller (FL) Schilling Woolsey shows that Republicans and Democrats Issa Miller (MI) Schock Slaughter Tsongas Yarmuth Jenkins Miller, Gary Schrader Smith (WA) Van Hollen can come together, find common Johnson (IL) Mulvaney Schweikert Speier Walz (MN) ground and work together to help Johnson (OH) Murphy (CT) Scott (SC) America’s small businesses. In fact, Johnson, Sam Murphy (PA) NOT VOTING—14 Scott, Austin after being approved by the Financial Jones Myrick Sensenbrenner Brady (TX) Moore Shuler Jordan Neugebauer Sessions Capito Paul Vela´ zquez Services Committee, several of these Kelly Noem Shimkus Hinojosa Rangel Visclosky bills moved to the House floor and Kind Nugent Shuster Labrador Runyan Watt gained almost unanimous approval by King (IA) Nunes Simpson McDermott Schmidt King (NY) Nunnelee the House and are now in the Senate. Smith (NE) Kingston Olson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Smith (NJ) Not only do these measures have sup- Kinzinger (IL) Palazzo Smith (TX) The SPEAKER pro tempore (during port from Republicans and Democrats, Kissell Paulsen Southerland the vote). There is 1 minute remaining. Kline Pearce but we received a letter from the Presi- Stearns Lamborn Pence b 1501 dent this morning dated March 6 en- Lance Peterson Stivers Stutzman dorsing this legislation, strongly en- Landry Petri So the resolution was agreed to. dorsing it. So it not only has the sup- Lankford Pitts Sullivan The result of the vote was announced Terry port of Republicans, Democrats, but Latham Platts as above recorded. LaTourette Poe (TX) Thompson (PA) also the President and the leadership. Latta Pompeo Thornberry A motion to reconsider was laid on A consistent observation that I’ve Lewis (CA) Posey Tiberi the table. Lipinski Price (GA) Tipton heard and many others have heard LoBiondo Quayle Turner (NY) GENERAL LEAVE from our business community is that Long Quigley Turner (OH) Mr. BACHUS. Mr. Speaker, I ask the Federal Government is making it Upton Lucas Reed unanimous consent that all Members hard for them to expand and hire new Luetkemeyer Rehberg Walberg Lummis Reichert Walden may have 5 legislative days within workers with all of its new regulations, Lungren, Daniel Renacci Walsh (IL) which to revise and extend their re- mandates and spending, as well as E. Ribble Webster marks on H.R. 3606 and to insert extra- those not-so-new regulations. Mack Richardson West neous materials therein. Manzullo Rigell Westmoreland We’ve not recovered from this reces- Marchant Rivera Whitfield The SPEAKER pro tempore (Mr. sion as quickly as we have from past Marino Roby Wilson (SC) LANDRY). Is there objection to the re- recessions, and the reason is that we Matheson Roe (TN) Wittman quest of the gentleman from Alabama? have not gotten the job growth that we McCarthy (CA) Rogers (AL) Wolf McCaul Rogers (KY) Womack There was no objection. had hoped, and the job growth we have McClintock Rogers (MI) Woodall The SPEAKER pro tempore. Pursu- gotten has been from large corpora- McCotter Rohrabacher Yoder ant to House Resolution 572 and rule tions. The difference in this recovery McHenry Rokita Young (AK) XVIII, the Chair declares the House in McIntyre Rooney Young (FL) and the last one is not large companies McKeon Ros-Lehtinen Young (IN) the Committee of the Whole House on not hiring—they are. It’s small compa- the state of the Union for the consider- nies not hiring. NOES—166 ation of the bill, H.R. 3606. Now, there are two reasons that Ackerman DeGette Lee (CA) b 1501 small companies are not hiring, and Altmire DeLauro Levin these are small companies that gen- Andrews Deutch Lewis (GA) IN THE COMMITTEE OF THE WHOLE erate traditionally 65–70 percent of the Baca Dicks Loebsack Baldwin Dingell Lofgren, Zoe Accordingly, the House resolved new jobs. The first is regulation and Barrow Doggett Lowey itself into the Committee of the Whole the second is capital. It’s harder for Bass (CA) Doyle Luja´ n House on the state of the Union for the these companies to get traditional Becerra Edwards Lynch consideration of the bill (H.R. 3606) to Berkley Ellison Maloney bank financing. We all know that. Berman Engel Markey increase American job creation and We’ve talked to bankers. We’ve talked Bishop (GA) Eshoo Matsui economic growth by improving access to small businesses. Because they can’t Bishop (NY) Farr McCarthy (NY) to the public capital markets for always get bank financing, they must Blumenauer Fattah McCollum Bonamici Filner McGovern emerging growth companies, with Mr. turn to investors and to the capital Boswell Frank (MA) McNerney DOLD in the chair. market. These bipartisan measures will Brady (PA) Fudge Meeks The Clerk read the title of the bill. make it easier for them to do that. Braley (IA) Garamendi Miller (NC) The CHAIR. Pursuant to the rule, the Brown (FL) Gonzalez Miller, George They’ll increase capital formation Butterfield Green, Al Moran bill is considered read the first time. which spurs the growth in start-up Capps Green, Gene Nadler The gentleman from Alabama (Mr. companies, creates jobs, and encour- Capuano Grijalva Napolitano BACHUS) and the gentleman from Mas- ages companies, small companies, to Cardoza Gutierrez Neal Carnahan Hahn Olver sachusetts (Mr. FRANK) each will con- add jobs and to invest. Carson (IN) Hanabusa Owens trol 30 minutes. We know that, as I’ve said, small Castor (FL) Hastings (FL) Pallone The Chair recognizes the gentleman businesses are the generators of our Chandler Heinrich Pascrell from Alabama. Chu Higgins Pastor (AZ) economy. In fact, large corporations, Cicilline Hinchey Pelosi Mr. BACHUS. Mr. Chairman, I yield 70–80 percent of their business is from Clarke (MI) Hirono Perlmutter myself 4 minutes. small businesses. Clarke (NY) Holden Peters Mr. Chairman, I rise in strong sup- That’s why we, as Congress, hearing Clay Holt Pingree (ME) Cleaver Honda Polis port of the JOBS Act and urge my from our constituents, must cut the Clyburn Hoyer Price (NC) House colleagues to approve this bill red tape that prevents our small busi- Cohen Inslee Rahall with an overwhelming bipartisan sup- nesses and entrepreneurs, the same Connolly (VA) Israel Reyes port. people that created Google, that cre- Conyers Jackson (IL) Richmond Cooper Jackson Lee Rothman (NJ) This is a legislative package that we ated Apple, that created a lot of our Costa (TX) Roybal-Allard believe will help jump-start our econ- biotech companies, they were small Costello Johnson (GA) Ruppersberger omy by creating new growth opportu- businesses but now they are the growth Courtney Johnson, E. B. Rush Critz Kaptur Ryan (OH) nities for America’s small businesses, businesses. They are creating the most Crowley Keating Sa´ nchez, Linda for start-up companies, and for entre- jobs. This legislation will give them Cuellar Kildee T. preneurs. the freedom to access capital, to hire Cummings Kucinich Sanchez, Loretta As chairman of the Financial Serv- workers, and to grow jobs. Davis (CA) Langevin Sarbanes Davis (IL) Larsen (WA) Schakowsky ices Committee, I’m happy to report to I want to talk about just one of these DeFazio Larson (CT) Schiff the House that the JOBS Act is com- bills, and that is the bill that came out

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.014 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1237 of our committee with strong bipar- search and development start-up costs the start-up companies, the job engines tisan support; and I want to commend routinely exceed $5 million. And in of America, to be able to access the eq- three gentlemen, the gentleman from 2010, only seven companies actually uity markets, not just the debt mar- Tennessee (Mr. FINCHER), the gen- took advantage of it. kets. So this is a bill most of which has tleman from Delaware (Mr. CARNEY) So I’m very pleased that this is part been previously approved by large ma- and Mr. HIMES, who crafted it. It allows of this overall legislation. I salute the jorities either in the Financial Serv- the IPO market, which has been in a ranking member, Mr. FRANK, for recog- ices Committee or on the floor. funk, to come back and create small nizing it, for supporting it early on, I want to thank the gentleman from companies and allow them to cap- and for getting the ball rolling at his Tennessee (Mr. FINCHER) for his leader- italize. committee with a Member who is not a ship, Chairman BACHUS, Leader CAN- I reserve the balance of my time. member of his committee; and I think TOR, and the ranking member, Mr. STATEMENT OF ADMINISTRATION POLICY the country is going to win with this FRANK from Massachusetts. The Amer- H.R. 3606—JUMPSTART OUR BUSINESS STARTUPS provision, and I’m proud to support it. ican people want to see jobs, hope, and ACT Mr. HENSARLING. Mr. Chairman, I opportunity. So let’s pass the JOBS (Rep. Fincher, R–Tennessee, and 53 yield myself 3 minutes. Act, and let’s pass it now. cosponsors, March 6, 2012) Mr. Chairman, it is clear that jobs I reserve the balance of my time. Mr. FRANK of Massachusetts. Mr. The Administration supports House pas- and the economy are issue number one sage of the Rules Committee Print of H.R. for our constituents. Many of them Chairman, first, I yield myself 1 3606. Helping startups and small businesses don’t see the recovery. Even though minute to say that I regret that my succeed and create jobs is fundamental to professional economists may see it, it friend from Texas felt the need to ab- having an economy built to last. The Presi- is clearly the slowest and weakest re- solve himself from the charge of exces- dent outlined a number of ways to help small covery in the postwar era. We still sive bipartisanship by engaging in a businesses grow and become more competi- have now 3 full years of 8-plus percent partisan diatribe that was factually tive in his September 8, 2011, address to a shaky. It is true that this recovery Joint Session of Congress on jobs and the unemployment, half of our population now being classified as either low in- from the recession has been slower economy, as well as in the Startup America than any previous one, but that’s be- Legislative Agenda he sent to the Congress come or in poverty. Again, our con- cause the economy Barack Obama in- last month. In both the speech and the agen- stituents are demanding jobs. herited from George Bush was the da, the President called for cutting the red Public policy makes a difference. Re- weakest since the Great Depression. tape that prevents many rapidly growing publicans have many disagreements Yes, it was a deeper economic downfall startup companies from raising needed cap- with our President over public policy. ital. The President is encouraged to see that under George Bush than we’ve had in 8 We disagree with the $11 trillion of ad- there is common ground between his ap- years, and that’s why the recovery was ditional debt that he has put into his proach and some of the proposals in H.R. slower. But it’s also the case, if you budget. We disagree with the $1.9 tril- 3606. The Administration looks forward to look at the chart recently presented to continuing to work with the House and the lion in new job-killing tax increases he us by a Bush appointee, Ben Bernanke, Senate to craft legislation that facilitates wants to impose, much of it on small the chairman of the Federal Reserve, it capital formation and job growth for small businesses. We disagree—we believe the businesses and provides appropriate investor would show that in the beginning of Keystone pipeline, with its 20,000 shov- 2006, there was a very steep drop in protections. el-ready jobs, should be approved. We Mr. FRANK of Massachusetts. Mr. jobs, a month-by-month increase to the believe these policies harm job growth hundreds and hundreds of thousands of Chairman, I yield 2 minutes to the gen- and the economy. tlewoman from California (Ms. ESHOO), jobs lost in the last couple of years in a Member not on the committee but b 1510 the Bush administration, and then less one of those most active for pushing But, Mr. Chairman, we have a rare than 2 months after Barack Obama for one of the bills here. occasion today, and that is there is took office, and we were able to begin Ms. ESHOO. Mr. Chairman, I thank something that we do agree on. We some policies to stimulate the econ- the ranking member, Mr. FRANK. I’m have found an opportunity to work on omy, an equally sharp rise. So we pleased to rise in support of H.R. 1070, a bipartisan basis, on common ground, haven’t come as far back as we’d like which is a provision, actually a bill, with the President of the United to, but that’s because we were so deep- that is contained in the underlying leg- States. The President said: ly in the hole when we started. Now I yield 2 minutes to one of the islation which we’re going to be voting It is time to cut away the redtape Members who has been a major shaper on today. that prevents too many rapidly grow- of this bill, the gentleman from Dela- I want to pay tribute to Mr. FRANK ing start-up companies from raising ware (Mr. CARNEY). because he recognized the worth of the capital and going public. Mr. CARNEY. Mr. Chairman, I rise idea of expanding on Regulation A House Republicans agree, and thus today to encourage all my colleagues, which was part of the Securities Act of we are happy to bring to the floor, on Democrats and Republicans, to support 1933. He was more than interested in a bipartisan basis, the JOBS Act. this important piece of legislation to the idea. He said come and testify on The President has issued his State- create jobs. it, which I did in December of 2010. So ment of Administration Policy endors- In December, Representative FINCHER I was proud to do that. Both sides of ing this legislation. Again, a rare oc- and I introduced H.R. 3606, the Reopen- the aisle at that hearing became heav- currence, and I believe it’s something ing American Capital Markets to ily engaged in it. They were really fas- that our constituents would like to see Emerging Growth Companies Act of cinated by what it was and what it us do. They want to see us stand on 2011. Today, our legislation is the vehi- could do relative to capital formation. principle, but they also want to see us cle for a package of bills to help small So now this bipartisan bill, which compromise on policies to advance businesses access capital and grow. passed the House in November of this those principles. And so this is a bill I’d also like to recognize Mr. FINCHER last year 421–1, is now in this bill. It in- that will give these emerging growth and his staff, Jim Hall and Erin Bays, creases the offering limit from $5 mil- companies—again, perhaps the future for their bipartisan work on this bill. I lion to $50 million under the SEC Regu- Googles, perhaps the future Apples, the would also like to thank Ranking lation A, which, as I think I said, was future Home Depots and the future Member FRANK and Representative enacted during the Great Depression to Starbucks—that opportunity to begin WATERS for their assistance and leader- facilitate the flow of capital to small to access equity capital where the hur- ship throughout this process. businesses. Look at the genius of FDR. dles, the redtape, and the cost burdens The original bill, H.R. 3606, which is A reformed Regulation A is important have been too high. contained in the bill today before us, for small businesses and start-ups not We know that, of many of the root will create jobs in part by making it only in my Silicon Valley district but causes of the economic debacle we had, easier for emerging growth companies across the country. This is especially clearly this was an economy that was to undertake IPOs and go public. On true in high-tech, sustainable energy overleveraged. So we in the Congress average, research tells us that 92 per- and the life sciences fields where re- need to do whatever we can to enable cent of a company’s growth, job

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.057 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1238 CONGRESSIONAL RECORD — HOUSE March 7, 2012 growth, occurs after they go public. essential to small businesses and will So let me be clear: yes, we did con- But in recent years, the number of allow them greater access to necessary sider this in subcommittee and in com- companies going public has fallen off capital. Community banks make up 11 mittee. It was voted on and debated. dramatically. percent of the banking industry’s as- But it wasn’t the Quayle bill then. This legislation takes a common- sets in America, but they provide 40 There was no Quayle bill then. This bill sense approach to reduce the cost of percent of all loans to small businesses. had been the product of bipartisan col- going public for these so-called ‘‘on Currently, community banks with 500 laboration between two of our Mem- ramp’’ status companies by phasing in, or more shareholders must register bers: the gentleman from Connecticut not exempting, by phasing in certain with the SEC, and in so doing, submit (Mr. HIMES), the gentleman from Ari- costly regulatory requirements. Our to the costly compliance requirements. zona (Mr. SCHWEIKERT). It had a great bill creates a new category of issuers The 500 shareholder threshold hasn’t deal of appeal, particularly for the called ‘‘emerging growth companies.’’ been updated since 1964. This bill would bank community. They have annual revenues of less than raise the threshold and lower compli- So what happened? $1 billion and, following the initial ance costs for our community banks. Apparently, the Republican leader- public offering, less than $700 million Under this act, a bank would be able ship decided it was Christmas in in publicly traded shares. Exemptions to expand to 2,000 shareholders before March, so they stole the bill from Mr. for these on-ramp status companies having to register with the SEC. This SCHWEIKERT and Mr. HIMES and made a would either end after 5 years or when will lower compliance costs for the av- present of it to the gentleman from Ar- the company reaches $1 billion in rev- erage community bank by $250,000 an- izona (Mr. QUAYLE). And Mr. QUAYLE, I enue or $700 million in public float. nually. That $250,000 can be lent to must say, someone told him, Always be The legislation will also make it small businesses or used to expand its grateful, never look a gift bill in the easier for potential investors to get ac- operations. mouth; because when they took the bill cess to research and company informa- I’ve been concerned about these from the two men who had created it tion in advance of an IPO, and this is issues addressed by this act since I and took it away from them so that an issue around which there’s been came to Congress, and it is gratifying the gentleman from Arizona could get quite a bit of discussion in committee. to see these solutions being put for- the credit for the bill—in which he had This is critical, though, for small and ward. I’m particularly grateful for Mr. done no work—he seemed perfectly happy with it. medium-sized companies trying to FINCHER for his leadership on H.R. 3606, Now, I want to say, Madam Chair- raise capital that have less visibility in which addresses the high cost of com- man, I’ve been here for 311⁄2 years. I’m the marketplace. pliance with section 404 of Sarbanes- about to be not here anymore, but I do Last month, these provisions were Oxley. As I’ve been meeting with small want to say—and I have thought very passed out of the Financial Services businesses within my district, I’ve been much about what I am about to say— Committee with a bipartisan vote of engaged in trying to roll back the cost- that’s shameful, shameful on the part 54–1. We’ve worked hard to craft legis- ly regulations on our start-ups imposed of the Republican leadership that en- lation that could garner support from by Sarbanes-Oxley. gaged in this cheap maneuver, shame- Democrats and Republicans and that I urge my colleagues to support the ful on the part of a Member who would can pass both the House and the Sen- JOBS Act. be the beneficiary of it. I am deeply ate. And as you heard earlier, it’s sup- Mr. FRANK of Massachusetts. disappointed. ported by the administration. In fact, Madam Chair, I yield myself such time Yeah, it’s a good bill. It was a good many of the ideas in this bill were gen- as I may consume. bill when it was the Himes-Schweikert erated out of a process started by the I now have an answer to a question. bill. It was a good bill when it went Treasury Department itself. There was a bill in this package, H.R. through the hearing in the sub- Making it easier for small and me- 4088, that had never had a hearing, it committee. And for two Members who dium-sized companies to grow is an ef- had never been to our committee, ev- worked hard on this to then have it fective way to create jobs and improve erything else had been through the taken away and credit given to some- the economy, and we all know how im- process, and I asked the gentleman one who had nothing to do with it pre- portant that is to the constituents that from Texas (Mr. SESSIONS) about it. He viously is a bad idea. we serve. This legislation will encour- represented the Rules Committee, and Then, for the gentleman from Texas age more entrepreneurs to start busi- he told me it was a good bill, and (Mr. SESSIONS), on behalf of the Rules nesses and allow more start-ups to be- therefore, there was no need for it to Committee, he did not want to admit come public companies and grow and go to a hearing or through sub- this theft, so, instead, he announced a create jobs. committee or committee. That struck new principle—and I hope we can now Please join me in supporting H.R. me as rather odd. I’ve never heard that be clear that’s not going to be a prece- 3606. before, particularly from a party that dent—namely, that if it’s a good bill Mr. HENSARLING. Mr. Chairman, I says they wanted to bring us regular and a short bill, it doesn’t have to go now would like to yield 2 minutes to order. through a hearing; it doesn’t have to the gentleman from Arizona (Mr. b 1520 go through subcommittee; it doesn’t QUAYLE). have to go through committee. That Mr. QUAYLE. I thank the gentleman But now that the gentleman from Ar- was the defense the gentleman from for yielding. izona has spoken, let me make a con- Texas made because he was, to his Mr. Chairman, I rise in support of fession, Madam Chair. I was being a lit- credit, embarrassed to acknowledge H.R. 3606, the Jumpstart Our Business tle disingenuous. Now, let me alert the truth. Startups Act. This bill will do just people to the rules who may be new to But having understood that that was that, jump-start our small businesses the place. You may not accuse anyone the truth, I do want to make it clear: by removing costly, outdated compli- else of being disingenuous under the it would have been better if he had not ance requirements so businesses and House rules, but you can cop to it. pretended, as it seems to me he did, community banks can grow, invest, I knew what H.R. 4088 was, and we that this was such a wonderful bill it and hire again. I want to thank Chair- just heard it. We heard the gentleman didn’t need to go through the proce- man BACHUS for including my legisla- from Arizona—surprisingly, to me— dure but, rather, had admitted that it tion, H.R. 4088, the Capital Expansion talk about his legislation. His legisla- was a bill that had gone through the Act, in the JOBS Act. tion is the bill I was referring to. It procedure but had been kidnapped Our economy is being held back by was introduced on February 24, I be- along the way and brought here under onerous and outdated regulations that lieve, of this year. It had no hearing. It another Member. keep small community banks from ex- had no subcommittee markup. But it As I said, I am very disappointed in a panding. By making it easier for banks sounded very familiar as he described leadership that would do this and in a to raise capital and invest in our Na- it, because that’s not just a bill. It’s a Member who would accept credit for a tion’s small businesses, our entire shape-shifter. It used to be the Himes- bill with which he had so little to do economy benefits. This legislation is Schweikert bill. with.

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.059 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1239 I reserve the balance of my time. panies that have less than $1 billion in have a huge impact on jobs, is the Mr. HENSARLING. Madam Chair- annual revenues when they register transportation bill or the President’s man, I yield myself 10 seconds to say with the SEC and less than $700 million American Jobs Act, which would create that the American people care about in public float after the IPO. more than a half million jobs and move jobs and economic growth, not a John Emerging growth companies will us forward. Grisham novel of intrigue. Either the have as many as 5 years, depending on This particular bill, the package is gentleman, the ranking member, likes size, to transition to full compliance important, but it is not a comprehen- the policy—in which case, he can vote with a variety of regulations that are sive jobs bill or agenda which we need. for it. If he doesn’t like the policy, he expensive and burdensome. This on- There are some modest steps forward, can vote against it. The President of ramp status will allow small and mid- but they are no substitute for a major the United States apparently supports size companies the opportunity to save job-creating highway bill or a passage it. on expensive compliance costs and cre- of a full American Jobs Act. At this time, I yield 3 minutes to the ate the cash needed to successfully These bills make only very modest gentleman from Tennessee (Mr. grow their business and create Amer- changes for start-up companies, mak- ing it easier for them to raise capital FINCHER), the author of the JOBS Act. ican jobs. It will also make it easier for Mr. FINCHER. I thank the gen- potential investors to get access to re- through the Internet and the solicita- tleman for yielding. search and company information in ad- tion of accredited investors, and loos- I want to thank my colleague, Mr. vance of an IPO in order to make in- ening certain filing and regulatory re- quirements for start-ups and small CARNEY, for his hard work and his staff formed decisions about investing. This banks. for helping work on something good for is critical for small and medium-sized the country, for the private sector, get- companies trying to raise capital that b 1530 ting people back to work. That’s what have less visibility in the marketplace. I support it, but it does not really do we were sent here to do. Our bill had tremendous bipartisan a great deal to create more jobs, which I’m pleased to be the lead sponsor on support when passed by the Financial we need. H.R. 3606, the Jumpstart Our Business Services Committee 2 weeks ago. It’s I must say that I have cosponsored Startups Act. my hope that we can continue to work parts of it, and all four of them have Today, according to the Bureau of together as we move this package of already passed this body overwhelm- Labor Statistics, the unemployment bills forward. ingly with over 300 votes. And I’d like rate is currently 8.3 percent. However, Madam Chairman, the JOBS Act will to note that the administration sup- in December of last year, all but one of provide companies some valuable tools ports the passage of this act, as Con- the counties I represent had a higher they need to grow and create jobs. I gress clearly has already done. unemployment rate than the national urge my colleagues to support this bill. I do want to join the chairman in average of 8.5 percent. At the top of the Mr. FRANK of Massachusetts. speaking in support of my colleagues, list was Obion County, with an unem- Madam Chair, preliminarily, I yield Mr. HIMES and Mr. SCHWEIKERT, on the ployment rate of 15.3 percent, and myself 15 seconds to say the gentleman committee. They championed the pro- Crockett County, where I live, 10.5 per- from Texas said the American people vision of the bill that raises the share- cent. don’t care about this intrigue. Then holder threshold for having to register It is no secret that our Nation has the question is: Why do they involve in with the SEC, and this title passed this seen a decline in small business start- it? Why do they engage in it? Why body on its own already by a 420–2 mar- ups over the last few years, which didn’t they just leave the bill with the gin. That’s quite an achievement for means less jobs created for American sponsors? So apparently they cared them. workers. I think we all can agree that enough to play that double-game. But by putting another person’s small businesses and entrepreneurs are I now yield 3 minutes to the gentle- name on it, we have a clear example of the backbone of our Nation and our woman from New York (Mrs. MALO- the majority more interested in scor- economy. NEY). ing points than in working in a bipar- The heartbeat of America is in the Mrs. MALONEY. I thank the gen- tisan way for job development. I will heartland of America, not here in tleman. place in the RECORD further comments Washington. The best thing our gov- I rise to support H.R. 3606, which on these bills and their importance and ernment can do right now to get our would help start-ups and small busi- my work with Mr. MCHENRY on economy moving in the right direction nesses succeed and create jobs during crowdfunding. is to help create an environment where this economic recovery. SUMMARY OF HR 3606, JUMPSTART OUR new ideas and start-up companies have I want to really congratulate and BUSINESS STARTUPS ACT a chance to grow and succeed. The pro- thank the ranking member for his lead- TITLE I ‘‘REOPENING AMERICAN CAPITAL MAR- visions in the JOBS Act will put the ership, along with the administration, KETS TO EMERGING GROWTH COMPANIES ACT focus on the private sector, capitalism, during the worst recession after the OF 2011’’ (HR 3606, CARNEY-FINCHER) and the free market, providing the Great Depression. HR 3606 creates an expanded on-ramp for jump-start our Nation’s entrepreneurs Christina Romer testified before this newly public companies by exempting a new category ‘‘emerging growth companies’’ need. Congress that the economic shocks to (companies with less than $1 billion in reve- Title I of this bill is legislation that our economy were three times greater nues or $700 million in public float) for up to I introduced with Congressman CAR- than the Great Depression. We were five years from a variety of securities law re- NEY, the Reopening American Capital shedding over 700,000 jobs a month quirements, including: say-on-pay votes; cer- Markets to Emerging Growth Compa- when the President assumed office. tain executive compensation reporting; re- nies Act, which would help more small In a report by Chairman Bernanke, quirements to provide 3-years of audited fi- and mid-size companies go public. Dur- he showed a chart where we are digging nancials (would only need 2 years worth), SOx section 404(b) auditing of internal con- ing the last 15 years, fewer and fewer our way out under his leadership. We trols over financial reporting; and any future start-up companies have pursued ini- have gained 3.7 million private sector auditor rotation or other auditor require- tial public offerings because of burden- jobs. This is an important step forward. ments. HR 3606 also eases restrictions on some costs created by a series of one- The financial reform bill that Rank- communications and research related to an size-fits-all laws and regulations. These ing Member BARNEY FRANK—we’re IPO. HR 3606 passed the Financial Services changes have driven up costs and un- going to miss you, BARNEY. You did a Committee by a vote of 54–1 on 2/16/12, has certainty for young companies looking great job, and we all owe you a debt of not previously come to the floor action. to go public. Not going public deprives gratitude for your leadership during TITLE II, ‘‘ACCESS TO CAPITAL FOR JOB companies of the needed capital to ex- this time. CREATORS ACT’’ (HR 2940, MCCARTHY OF CA) pand their businesses, develop innova- But what we need now is a real jobs HR 2940 amends section 4(2) of the Securi- ties Act of 1933 to permit use of public solici- tive products, and hire more American bill, not just a tweaking around the tation in connection with private securities workers. corners with a few words and a few offerings, provided that the issuer or under- Title I would create a new category changes in the securities law. What we writer verifies that all purchasers of the se- of issuers called emerging growth com- should be debating today, which would curities are accredited investors. In addition,

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.061 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1240 CONGRESSIONAL RECORD — HOUSE March 7, 2012 the SEC would have to share offering mate- harness that power and the jobs that proving access to the public capital rials and documentation with the states. HR come with it, we need to clear a path markets for emerging growth compa- 2940 passed the House 413–11 on 11/3/11. for the start-ups and fledgling busi- nies, reported that certain words used TITLE III ‘‘ENTREPRENEUR ACCESS TO CAPITAL nesses that bring new goods and ideas in debate were objected to and, on re- ACT’’ (HR 2930 MCHENRY) into the marketplace. That’s the pur- quest, were taken down and read at the HR 2930 creates a new exemption from reg- pose of the JOBS Act. Clerk’s desk, and herewith reported the istration under the Securities Act of 1933 for This jobs package includes several same to the House. ‘‘crowdfunding’’ securities. HR 2930 permits a The SPEAKER pro tempore. The company to raise up to $2 million a year, bills that I’ve had the opportunity to with investors permitted to invest the lesser work on closely with my colleagues on Clerk will report the words objected to. of $10,000 or 10% of his or her income annu- the House Financial Services Com- The Clerk read as follows: ally in such companies. HR 2930 pre-empts mittee. All together, it includes six bi- Mr. FRANK of Massachusetts. I have never the state regulators’ registration authority partisan proposals that the committee seen truth stood on its head more rapidly for the exempt securities, but websites and has reviewed to streamline or elimi- than by my colleague from Texas. This no- issuers must register with and provide notice nate the regulatory and legal barriers tion that who cares about the credit—if that were honestly what the Republican leader- to the SEC, which would be shared with the that prevent emerging businesses from states. HR 2930 passed House 407–17 on 11/3/11. ship believed, why did they take the credit reaching out to investors, accessing from Mr. SCHWEIKERT and Mr. HIMES and TITLE IV, THE ‘‘SMALL COMPANY CAPITAL capital, and selling shares to the public give it to Mr. QUAYLE? It is they who decided FORMATION ACT OF 2011’’ (HR 1070, SCHWEIKERT) market. that substance was less important. For the HR 1070 requires the Securities and Ex- gentleman from Texas, having been part of change Commission (SEC) to create a new This legislation will make it possible for promising businesses to go public the leadership that engaged in that shameful and larger exemption, effectively raising the maneuver, to now accuse us of being exces- limit from $5 million to $50 million for its and access financial opportunities that currently are limited to large corpora- sively concerned with credit is the most hyp- Regulation A (‘‘Reg A’’) security offerings ocritical and dishonest statement I have and permitting a more streamlined approach tions, and it eliminates needless costs heard uttered in this House. for smaller issuers. The current limit is $5 and delays imposed by the SEC and The SPEAKER pro tempore. The million, but the mechanism is little used due other regulators. Chair finds that the remarks con- to the small size of issuances permitted. The These ideas are not political. These stitute a personality directed toward bill would permit SEC to impose conditions ideas are not partisan. They come from on issuance under the rule, and would re- an identifiable Member. quire periodic review of the limit. HR 1070 the small business community in dis- Without objection, the offending tricts like mine, where I meet regu- passed House 421–1 on 11/2/11. words are stricken from the RECORD. TITLE V, ‘‘PRIVATE COMPANY FLEXIBILITY AND larly with local employees who tell me There was no objection. GROWTH ACT’’ (HR 2167, SCHWEIKERT) that accessing capital is the hardest The SPEAKER pro tempore. The HR 2167 allows companies to remain pri- part of enduring the recession. Many of Committee will resume its sitting. vate longer, with no SEC filings, by raising these changes have bipartisan backing Accordingly, the House resolved the minimum shareholder threshold trig- and have been endorsed by members of itself into the Committee of the Whole gering public reporting for all companies the President’s Council on Jobs and House on the state of the Union for the from 500 to 1000 shareholders, and by exclud- Economic Competitiveness. further consideration of the bill (H.R. ing employees from the definition of a share- Madam Chair, I urge my colleagues 3606) to increase American job creation holder. HR 2167 passed the Financial Services to support this important jobs package Committee on voice vote 10/26/11, but has not and economic growth by improving ac- previously come to the floor. and unite behind good ideas that will cess to the public capital markets for free American businesses to do what TITLE VI, ‘‘CAPITAL EXPANSION’’ (HR 4088, emerging growth companies, with Ms. QUAYLE) they do best. FOXX (Acting Chair) in the chair. HR 4088 is identical to House-passed HR Mr. FRANK of Massachusetts. The Clerk read the title of the bill. 1965 (Himes) except that HR 4088 removes a Madam Speaker, I yield myself 30 sec- The Acting CHAIR. When the Com- cost-benefit analysis study on raising the onds. mittee of the Whole rose earlier today, shareholder threshold for all companies (see *** 311⁄2 minutes remained in general de- Title V). HR 4088 allows banks and bank Mr. HENSARLING. Madam Chair, I bate. holding companies to remain private longer ask that the gentleman’s words be The gentleman from Texas (Mr. HEN- by raising the threshold triggering public re- taken down. SARLING) has 151⁄2 minutes remaining, porting from 500 shareholders to 2000 share- The Acting CHAIR (Ms. FOXX). The and the gentlewoman from California holders. The bill also eases restrictions for gentleman from Massachusetts will (Ms. WATERS) has 16 minutes remain- discontinuing public reporting by increasing the minimum threshold from 300 share- please take a seat. ing. holders to 1200 shareholders. The employee The Clerk will report the words. Ms. WATERS. I yield myself 4 min- exclusion discussed in Title V also applies to The Clerk read as follows: utes. banks and bank holding companies. HR 4088 Mr. FRANK of Massachusetts. I have never Madam Chair, I rise today in support has not been considered in the Financial seen truth stood on its head more rapidly of H.R. 3606, the Jumpstart Our Busi- Services Committee. However, HR 1965 than by my colleague from Texas. This no- ness Startups Act. passed the House 420–2 on 11/2/11. tion that who cares about the credit—if that Before I begin my remarks, I would Mr. HENSARLING. I yield myself 10 were honestly what the Republican leader- like to thank Chairman BACHUS, Chair- seconds just to say that President ship believed, why did they take the credit man GARRETT and, certainly, Ranking from Mr. SCHWEIKERT and Mr. HIMES and Reagan once said there’s no limit to Member FRANK for their assistance and give it to Mr. QUAYLE? It is they who decided what the American people can achieve that substance was less important. For the support on this bill. We were able to if they don’t mind who gets the credit. gentleman from Texas, having been part of work in a bipartisan manner on this We seem to hear the ranking member the leadership that engaged in that shameful bill in our committee, passing many of say, if I and my friends can’t take cred- maneuver, to now accuse us of being exces- the provisions in the bill with strong it, we’re going to pick up our toys and sively concerned with credit is the most hyp- bipartisan majorities. go home. All of us can take credit if we ocritical and dishonest statement I have H.R. 3606 is an omnibus package of will support the JOBS Act. heard uttered in this House. small business capital formation bills, I yield 2 minutes to the gentlewoman The Acting CHAIR. The Committee some of which we already passed from Illinois (Mrs. BIGGERT), the chair rises. through the House back in November. I of the Housing and Insurance Sub- Accordingly, the Committee rose; was pleased to work with Representa- committee. and the Speaker pro tempore (Mr. tive MCCARTHY on a provision now in- Mrs. BIGGERT. I thank the gen- HURT) having assumed the chair, Ms. cluded in the bill to amend securities tleman for yielding me the time. FOXX, Acting Chair of the Committee law in order to remove the prohibition Madam Chair, when it comes to pro- of the Whole House on the state of the on general solicitation, or general ad- moting economic growth, no govern- Union, reported that that Committee, vertising, for the Office of Securities ment program is as effective as the old- having had under consideration the bill made under rule 506 of regulation D if fashioned drive and ingenuity of the (H.R. 3606) to increase American job those securities are only sold to ac- hardworking American people. But to creation and economic growth by im- credited investors.

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.016 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1241 Last year, I worked with Representa- raise funds in our capital markets, ena- don’t have the luxury of waiting for tive MCHENRY to add critical investor bling them to grow their businesses. gridlock in Washington to end, specifi- protection provisions to this But make no mistake, I believe that cally in the United States Senate. We crowdfunding bill, which previously this Congress still needs to do more on sent 30 jobs bills from this body over to passed the House and is now included jobs. In addition to these legislative the United States Senate without any in this package. I was also pleased to changes that enable capital formation, action. So it’s time that I ask that the support the provision from Representa- we need to keep teachers, police offi- Senate join the House and work to- tive SCHWEIKERT to allow companies to cers, and firefighters on the job; extend gether with us on the issues that I raise more funds through the Regula- unemployment insurance for laid-off think we can all agree on in empow- tion A process and another provision to workers; and revitalize neighborhoods ering our small-business owners and raise minimum shareholder thresholds devastated by foreclosures. job creators. at which companies must register their A truly comprehensive approach is I believe that bipartisanship is ex- securities with the SEC. needed to get Americans working tremely important; and when we find On the title of this bill, which deals again, and I hope my colleagues are common ground, we must act. That’s with the emerging growth companies, willing to work with me on these why it’s critical that we empower our the IPOs, I support the goal of this leg- issues. job creators and small-business owners islation, and I hope that many of the I reserve the balance of my time. to spur our economy and get America amendments offered today on this title Mr. HENSARLING. I yield myself 10 back to work. are accepted, including my own, which seconds just to say the gentlelady al- The JOBS Act is an example of how is dealing with the provision of re- luded to the gentleman from Massachu- we can put people before politics and search. Again, I am supportive of this setts for bringing something to our at- progress before partnership, which is legislation, but I think that more in- tention. What he brought to our atten- why I am delighted to be able to sup- vestor protection provisions are need- tion is that he violated House rules and port this bill and thank my colleagues, ed. is prohibited from speaking the rest of Mr. CARNEY, and my friend, Mr. Why did we work together to get this the day when the rest of the Chamber FINCHER. legislation passed? wishes to promote jobs for the Amer- Ms. WATERS. Madam Chair, I yield 3 We worked from both sides of the ican people. minutes to the minority whip, the gen- aisle because we are all concerned At this time, I am happy to yield 2 tleman from Maryland, Mr. STENY about job creation and access to cap- minutes to the gentleman from Illinois HOYER. ital. We have gone through a recession (Mr. DOLD). Mr. HOYER. I thank the gentlelady in this country, starting with the loans Mr. DOLD. I want to thank my good for yielding, and I rise in strong sup- that were made in the subprime mar- friend from Texas for yielding me the port of these six pieces of legislation ket in 2003 to 2007. We almost reached time. which have been put together and a depression, and we destroyed the As a small-business owner, I under- called a jobs bill. housing industry in this country. So we stand firsthand what small businesses I think they have a positive effect on are all working to try and not only get are facing today when they try to meet economic growth in our country. I the housing industry revitalized, but a payroll or a budget, try to expand think they are good bills. I particularly we are also working to make sure that their business, or try to hire an extra support the Himes bill, currently called our small businesses have access to worker. the Quayle bill; but I’m pleased to sup- capital and, thus, job creation. My small business employs just port it by whoever’s name it might I am very pleased that we were able about 100 people. For me, that’s 100 have on it. to work together on this legislation de- families. It’s a responsibility that I Four out of the six components of spite the fact that what Mr. FRANK take very seriously. this legislation have been previously brought to our attention today is the All across our country, we’ve got 29 passed overwhelmingly. This is a recy- kind of effort that could interfere with million small businesses throughout cle, but doing a good thing twice is not attempts to have bipartisanship on our Nation. We should be doing every- bad. So I’m going to vote for it, and some of these legislative attempts that thing we can, everything within our I’m going to be enthusiastic about vot- we have made. What Congressman power to create an environment that ing for it. As a matter of fact, I sug- FRANK brought to our attention was enables those small businesses to hire gested a number of these ideas on our that title VI of the bill, a provision one more worker. That’s why I’m side of the aisle. that was drafted by Representative pleased today to stand up and voice my This bill makes it easier for small HIMES, with the support of Repub- support for this bipartisan JOBS Act businesses to go public and raise the licans, seems to have been bare mini- on the floor today. capital they need to expand and hire mally reworked and rebranded as a Many of the bills in this package new workers by reducing regulatory Representative Quayle bill. passed the House with over 400 votes burdens. It also raises the SEC reg- While I support the provision, I think each. Today, we hear a lot about grid- istration thresholds for community that taking Mr. HIMES’ work product lock; we hear a lot about partisanship. banks, which will free up bank capital undermines the spirit of bipartisanship These are bipartisan bills. What we had for lending to small businesses and in- and the cooperation that was otherwise are 400 bills, 400 votes here in the dividuals. That’s an important step we demonstrated by this bill. United States Congress that were sent ought to be taking. b 1600 over to the United States Senate with- A number of my Democratic col- Do I like every one of these bills 100 out action, and I’m glad that we’re able leagues worked hard on these provi- percent? No, I don’t. I have some con- to package them today to have another sions, including, as I said earlier, Rep- cerns and I have some questions. I even crack at that. resentative JAMES HIMES of Con- have some uncertainty when we talk These measures were introduced by necticut, who introduced one of these about crowdfunding. I want to make Republicans and Democrats and are bills months and months and months sure that we’re protecting the inves- aimed at allowing small businesses to ago, and it passed 420–2 in this body. He tors. I want to make sure that the gain access to capital. This is exactly has been a leader on this issue of small proper research is isolated from the un- the type of legislation that the United business access to capital, and I con- derwriters who have connections to States Senate should be passing and gratulate him for his efforts. those people that they’re writing the that the President should sign into I’m glad the Republican leadership is bills for. law. bringing this bill to the floor, and I The Acting CHAIR. The time of the This week we’re sending another hope it signals a new willingness to gentlewoman has expired. message to the United States Senate, work with us to create jobs. Ms. WATERS. I yield myself an addi- and we urge them to take action on This bill is called a JOBS bill. Catchy tional 30 seconds. these important matters. title. I sort of refer to it as the ‘‘just To sum up this bill, it will make it These are bipartisan bills. Our small old bills’’ bill, but they are good bills. just a bit easier for some companies to businesses and hardworking families As I said, we’re doing a good thing

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.065 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1242 CONGRESSIONAL RECORD — HOUSE March 7, 2012 twice in hoping the Senate will pass it; nology to improve the speed of commu- be good for the core strength of this and I hope the Senate does pass all of nication needs capital; and developing country, for our entrepreneurs, for our these bills and this bill as a package. alternative energy technologies to re- small banks that we trust to provide But make no mistake about it, duce our dependence on foreign sources credit in our communities. This is a Madam Chair—and America should requires capital. good bill. make no doubt about it—this is not the With the passage of this bill, we will I’m sorry it has been marred by a jobs bill America needs, one with provide those companies with the inno- couple of things that have been the tweaking around the edges and pre- vation and creativity needed in the topic of much discussion today. I’m tending that we’ve put something to- marketplace which is essential to sorry that the Republican majority has gether that’s going to create a signifi- keeping American companies competi- used this debate as an opportunity to cant number of jobs. This will help and tive with a cost-effective means to ac- promote the canard—not my word, in the longer term it will create jobs. cess that capital and keep this country Bruce Bartlett’s word, which I think I’m for it. I think it’s a positive step at the forefront of medical, scientific, means ‘‘baloney’’—that the main prob- forward. But make no mistake about and technological breakthroughs. lem with our economy today is regula- it, this is not the jobs bill that the b 1610 tion. Bruce Bartlett, conservative President asked for. This is not the economist and former adviser to Presi- jobs bill that America needs. This is Economic growth occurs when com- dent Reagan said: not the jobs bill that millions who are panies go public. Just recently I met In my opinion, regulatory uncertainty is a unemployed and can’t find employment with the New Jersey Technology Coun- canard invented by Republicans that allows are crying out for in America. cil, and they stressed the importance of them to use current economic problems to America needs a comprehensive jobs removing the regulatory burdens of pursue an agenda supported by the business plan to help get the millions who have bringing companies they invest in to community year in and year out. lost jobs and are still looking for work. market. And the JOBS bill does that. We have an obligation to make sure This bill alone simply is not enough. It restores that innovation for early- that our regulation is good, that it We must do more. And I will tell my stage investors to provide the capital keeps us safe, that it keeps our air friend—and he is my friend—from that America’s entrepreneurs need. clean, that it keeps our banks alive Texas, I’m prepared to work with him So we do this by chipping away at without quashing the entrepreneurship on a real jobs bill. This is a real jobs the albatross of regulations that have and economic vitality. We should do bill, but you and I both know it’s a strangled and held back the IPO mar- that every day. small-bore jobs bill. That doesn’t make ket since the passage of the Sarbanes- But what we have heard, the ide- it bad. It doesn’t mean that we Oxley law. This bill provides America’s ology, this notion that regulation is shouldn’t pass it. I thank you for bring- entrepreneurs with access to the cap- the problem in our economy is just ing it to the floor. But let us not de- ital that they need to basically go after what Bruce Bartlett called it, a canard. lude America or deceive ourselves that and seek their dreams. It provides the And I’m sorry that this bill has been this is the jobs bill that we need to be venture capital investors with the exit spoiled by the antics of the Republican passing. strategy they need to help make their majority. I’m thrilled that this bill in- Mr. HENSARLING. I yield myself 10 dreams a reality and create a wel- cludes H.R. 1965. seconds simply to respond to my friend coming environment. At the end of the day—I mentioned that we have tried the President’s jobs With that, I believe the JOBS Act is Reagan—Reagan said you’d get a lot bill, the stimulus, the health care a commonsense bill, and I will support done in Washington, DC, if you didn’t package, Dodd-Frank; and yet we still the legislation before us. care who gets the credit. There may be have the highest duration of 8 percent- Ms. WATERS. Madam Chair, I yield 1 only one way to spell ‘‘potato,’’ but plus unemployment since the Great De- minute to the gentleman from Mary- there are a lot of ways to skin a cat. pression. Here’s at least a bipartisan land (Mr. SARBANES). And if we’re going to skin this cat this bill we can work on, and I look forward Mr. SARBANES. I thank the gentle- way, I’m okay with that, because small to that today. lady for yielding. banks need the flexibility to go public At this point, I will yield 2 minutes I actually rise with some significant when they should go public; because we to the gentleman from New Jersey (Mr. concerns about the IPO on-ramp provi- should, for those companies that want GARRETT), the chairman of the Capital sions of this bill. I’m concerned be- to go public, provide them with some Markets Subcommittee. cause there already is exempted from relief from the regulations that might Mr. GARRETT. I thank the Chair and the Sarbanes-Oxley compliance re- be more appropriate for larger compa- I thank the gentleman from Texas as quirements about 60 percent of the nies. All of these things, though we well. IPOs that we see, and this would ex- have passed many of these measures on I also rise to express support for the tend the period in which companies the floor, are important. JOBS Act today. have the requirement of complying And so, marred though it has been by I strongly believe that the JOBS Act with Sarbanes-Oxley to 5 years for the antics of the Republican majority, will ease the burden of capital forma- companies that exceed that $75 million this is fundamentally a bipartisan, tion on the entrepreneurial growth and go up to $1 billion in revenues. My good bill, and it is a rare step forward companies that have traditionally concern about that is that’s a period of for this House of Representatives, served as the U.S. economy’s primary time in which a lot of mischief can be something that I think will cause job creators and provide a larger pool done when it comes to financial fraud, every American to say they can get of investors with access to information and I think it exposes investors to sig- something done. And for that I’m and investment options on these com- nificant potential damage. grateful and urge the passage of this panies that currently doesn’t exist. My hope would have been that this bill. With venture capital fundraising ba- could have been remedied along the Mr. HENSARLING. Madam Chair, I sically stagnant and the IPO market way. Because of my concerns about it, now yield 2 minutes to the gentleman largely closed off, innovative start-up I’m going to be compelled to vote from Virginia (Mr. HURT). companies who can’t have access to the against the bill because I think it real- Mr. HURT. Madam Chair, I thank the capital market they need have been ly has the effect of gutting significant gentleman for yielding. forced literally to delay research on investor protections. Madam Chair, I rise today in support promising medical and scientific and Ms. WATERS. Madam Chair, I yield 3 of the bipartisan JOBS Act, and I technological breakthroughs, and that minutes to the gentleman from Con- thank Chairman BACHUS for his leader- has hurt our economy and our global necticut (Mr. HIMES). ship in putting the Financial Services competitiveness because emerging Mr. HIMES. Madam Chair, I rise Committee at the forefront of the ef- companies need capital. Developing today very excited about what we are fort to advance job-creating policies in medical cures to help people live longer about to do on this floor. As has been this House. and healthier and more productive said over the course of many hours, we After recently touring Virginia’s lives needs capital; developing tech- are about to pass legislation that will Fifth District, I am freshly reminded

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.067 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1243 that Federal Government overregula- that would do some very important tleman from Arizona (Mr. tion continues to stand in the way of things. It talked about job sharing. It SCHWEIKERT). the lifeblood of our economy, our small will make sure that our teachers and Mr. SCHWEIKERT. To my good family businesses, our Main Street our firefighters are kept on the job. It friend from Texas, thank you. I actu- banks, and our family farms. talks about school construction. It ally feel somewhat blessed being able Across the Fifth District, I regularly talks about aid to community college to stand here today. I am blessed be- hear stories of how unnecessary regula- and comprehensive efforts to provide cause I have multiple pieces of legisla- tions have served as a barrier to exist- tax credits for small businesses. tion that are rolled into this jobs bill ing family business owners who wish to So, you see, we would like everybody as well as multiple amendments. So, hire and expand their companies and as to understand that we’re not aban- first, let me make sure that I have said a barrier to aspiring Fifth District en- doning a comprehensive effort to do my proper thank yous. I also want to trepreneurs who are discouraged from real job creation and access to capital make sure that the chairman of the Fi- investing in new start-ups. and support for small businesses. We’re nancial Services Committee, SPENCER Our committee has worked to offer trying to take every opportunity, BACHUS, has my appreciation for allow- solutions that would give citizens every step, as it has been mentioned ing me to work on these over the last across this country the ability to har- time and time again. year. But I also need to reach across ness the American Dream by starting a The Acting CHAIR. The time of the the aisle to Mr. HIMES and many of the new business, working to make that gentlewoman has expired. others who made me defend some of the business successful, and working to Ms. WATERS. I yield myself 1 ideas, who argued with me and helped create the jobs Americans desperately minute. me make these better pieces of legisla- need. Continuing the comparison between tion through the last year as we vetted The JOBS Act represents a legisla- the two efforts, as has been said over the process. tive package that has support from and over again today, we certainly I wanted to touch on two of the Members of Congress on both sides of have joined in a bipartisan fashion to pieces of legislation that are in here the aisle and from the President. This move this bill. Even though I am not and help folks understand why these legislation collectively reduces burdens sure and some of our Members are not are actually really important to cap- that prevent small businesses from ac- sure that everything that’s in all of ital formation for small businesses. cessing the capital necessary to hire these bills is what we absolutely under- The first one we refer to is H.R. 1070, and expand, and it encourages our en- stand and we’re willing to say we know the Small Capital Formation Act. trepreneurs to get their start-ups off that it will help, it will help to deal Many people will refer to it as Regula- tion A—Reg A. Well, in today’s world, the ground. This legislation represents with this economy in ways that we if you wanted to go public in this an opportunity for Congress and the want it to, but we are willing to take a streamlined, simplified process, you President to work together to advance chance. We’re willing to try. could only go public with a capitaliza- legislation for the good of the Amer- Now, when you compare this with the tion of $5 million. Well, no one is going ican people. President’s comprehensive jobs bill, to the stock market for $5 million. Small family businesses and family then you can see this is only one effort; This will raise it to 50. Why is 50 so im- farms are the backbone of our economy and in comparison, it’s a small effort in portant? Fifty is the minimum thresh- in central and southside Virginia; and comparison to what the President has old to be traded on the big exchanges, as we work to grow our economy and proposed. And so, let us not forget, we on the public exchanges. This allows an spur job creation, it is critical that we still have work to do. We still have to adopt legislation like the JOBS Act to organization to find a path, a less ex- be concerned about the unacceptably pensive path, to become publicly trad- make it easier for them to succeed, not high unemployment rate. As we speak harder. We must act now to put the ed and be publicly traded on those ex- today, the unemployment rate is still changes, where it can be viewed and American people back to work and sus- in excess of 8 percent. vetted and hopefully grow and grow tain the American Dream for our chil- The Acting CHAIR. The time of the jobs. dren and our grandchildren. gentlewoman has again expired. The second bill I have in here that I urge my colleagues to support this Ms. WATERS. I yield myself the bal- I’m very proud of is one that—we real- legislation. ance of my time. ized capital formation is changing in Ms. WATERS. Madam Chair, I yield Madam Chair, I would like for us all the world. And for many, many, many, myself 2 minutes. to recognize that we are taking a step many years, if you were an organiza- To the Members of this House and to that we are constantly accused of not tion and you got the 500 shareholders, those who are listening to this debate, being able to do, and that is move you had to stop, because at 501 you had you’ve heard this described as a jobs something in a bipartisan fashion. to go to the SEC and do a public filing. bill. In my earlier remarks, I, too, de- I’m appreciative for my colleagues on Well, what if you were a high-tech scribed this as a jobs bill. You’ve heard the opposite side of the aisle who have company or a biotech company and you us talk about job creation, access to been so cooperative, and I’m appre- were giving shares, bits of ownership of capital, ways by which we can support ciative for the leadership that has been the company, to your employees? small businesses in general but IPOs in provided on this side of the aisle. But The Acting CHAIR. The time of the particular. You heard us talk about we still must remember that unem- gentleman has expired. crowdfunding and creative means by ployment is unacceptably high. We Mr. HENSARLING. Madam Chair, I which we can help to invigorate this must remember that we must have a yield the gentleman an additional 1 economy. And so certainly this is a comprehensive approach. We must re- minute. jobs bill. But then you heard some ref- member that the President has pre- Mr. SCHWEIKERT. This will give erence to the President’s jobs bill by sented us with a comprehensive, real- those employees an exemption, so a our minority whip, Mr. STENY HOYER, istic approach by which we can stimu- company that’s growing, that’s actu- who talked about a comprehensive ap- late this economy, create jobs, support ally in some ways, to use a term that’s proach. education and our schools, and help the often used around here, ‘‘spreading the Make no mistake, this jobs bill is im- unemployed in ways that they are des- wealth’’ inside that organization and portant, and I certainly hope that it perately waiting for. encouraging folks to vest their time will help to stimulate the economy in With that, Madam Chair, I yield back and their talents in what are often ways that all of us thought that it the balance of my time. speculative ventures as the company is could. However, when you take a look growing—this lifts that cap, but it also 1620 at this compared to the President’s b raises it to 1,000 shareholders. There comprehensive legislation, then you Mr. HENSARLING. Madam Chair- may be an amendment to come that understand what Mr. STENY HOYER was man, at this time, I am happy to yield raises that up to 2,000, and that is talking about. 2 minutes to the vice chairman of the something I will support. Mr. STENY HOYER was talking about Capital Markets Subcommittee, one of That last thing here is, in committee the President’s comprehensive jobs bill the prime authors of this bill, the gen- we also heard discussion last year of

VerDate Mar 15 2010 01:34 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.071 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1244 CONGRESSIONAL RECORD — HOUSE March 7, 2012 why should community banks, why here’s at least a bipartisan idea where The Acting CHAIR (Mr. YODER). The should we raise their shareholder limit we have worked with the President. We gentleman from Texas has exactly 1 to 2,000? We actually had some commu- have his support right here—right minute remaining. nity banks come to us and say, look, here—Madam Chair, where the Presi- Mr. HENSARLING. In that case, Mr. we’ve been around here many, many, dent of the United States supports this Chairman, I’m happy to yield exactly many, many years. We have legacy legislation. So I’m happy that at least that 1 minute to the prime author of stockholders in the company. We’re at one portion of the House Republican the JOBS Act, the gentleman from that 500 share, but because of our long plan for America’s job creators stands Tennessee (Mr. FINCHER). history, we can no longer raise the cap- a very good chance of being turned into Mr. FINCHER. I want to thank the ital, the equity capital that’s nec- law and that the American people will gentleman from Texas for yielding. essary. And that’s why that concept is see that we continue to work to find I stand today heartbroken that some- so important, raising that to 2,000 that common ground. thing that we’ve meant for good here— shareholders. So I’m happy, again, to be able to en- myself and my colleague, Mr. CARNEY— Mr. HENSARLING. I yield myself as courage my colleagues to support this a JOBS Act would be tied up in some much time as I may consume. today. I look forward to the day that heated rhetoric. Madam Chair, again, jobs and grow- the President can sign this into law. I want to urge my colleagues on the ing the economy is what our constitu- At this time, Madam Chair, I would other side of the aisle that jobs aren’t ents care about. Again, we are unfortu- like to yield 2 minutes to the gen- Democrat or Republican; they’re Amer- nately and regrettably in the midst of tleman from North Carolina (Mr. ican. People are begging for Congress the slowest and weakest recovery in MCHENRY). to get out of the way and let the pri- the postwar era. And, in fact, many of Mr. MCHENRY. Madam Chairman, I vate sector get back in the business of my constituents, they don’t feel the re- want to thank my colleague, Mr. HEN- creating jobs. That’s what we’re doing covery. They don’t see it. They still SARLING, for his leadership on the Fi- with this jobs bill that we’re pushing know many of their friends, neighbors, nancial Services Committee, and I through. So hopefully, hopefully, we can get and family members remain unem- want to thank my colleague, Mr. beyond some feelings—hurt feelings ployed. That’s why the number one pri- FINCHER, for offering the legislation be- maybe—and let’s focus back on the rea- ority of House Republicans has been to fore us today. son why we were sent up here, and grow this economy and create more The American people understand that entrepreneurship is at a record that’s to put the people back in power jobs. That is why House Republicans low, that it’s actually at a 17-year low and not Washington. have a plan for America’s job creators. Mr. FITZPATRICK. Mr. Chair, I rise today in Now, Madam Chair, it’s very dif- in the United States. We know that support of the JOBS Act. This bill is a pack- ficult, very difficult, to find common small businesses create the majority of age designed to jumpstart our economy and ground in this institution, as we all new jobs in our country and have done restore opportunities for our small-business know. Regrettably, the vast majority so for generations. We also know that job creators. of these bills are stacked up like cord- we have record unemployment. We’ve had 8 percent unemployment for a It represents a combination of several job wood in the United States Senate. creation measures aimed at increasing capital They won’t take them up. We’ve tried record 36 months at that very high level. It’s not acceptable. We have to formation, spurring the growth of startups and many of the President’s ideas. For 2 small businesses, and paving the way for years we tried every single one of his do something. Now, we cannot fix everything in one more small-scale businesses to go public and ideas. We tried the stimulus program, piece of legislation. This idea that you create more jobs. which helped stimulate the national can have just simply a large bill that The JOBS Act will provide certainty to small debt to the level it is today. We tried fixes all the problems in the world sim- business owners and entrepreneurs in terms the President’s health care plan that ply is not in accordance with American of access to capital and the federal regulatory we were told would help grow jobs and history or what the American people environment.environment. Because without ac- the economy. Dodd-Frank, our finan- want and desire. cess to capital, businesses cannot expand, cial institutions—the big get bigger, But we also know, and the American and without regulatory certainty, capital dis- the small get smaller, and the taxpayer people understand, especially small appears. gets poorer. business folks and entrepreneurs un- Dr. Tim Block is the President of the Penn- We disagreed with those policies, and derstand, that red tape gets in the way sylvania Biotechnology Center in my home of so we have tried to find common of job creation. We saw with the Dodd- Bucks County. He had this to say when I ground. We heard the distinguished mi- Frank Act that it restricts lending and shared the JOBS Act with him this afternoon: nority whip lament that the bill didn’t makes it more costly to get lending. If ‘‘We appreciate the support for nurturing en- do more. This is the common ground you talk to small business folks, their trepreneurial development and investment. In- we can find with our friends on the one biggest complaint is a restriction novation is going to drive the future of the other side of the aisle. It’s important. on access to capital. That’s on the debt economy in southeast Pennsylvania and It’s not as important as repealing the side. around the United States. Capital is the life- President’s health care program, which We also see that we have regulations blood that sustains these dynamic entre- is absolutely strangling our small busi- and laws written in 1933 and 1934 in an preneurs who are harnessing innovation to nesses. It’s not as important as turning era when the telephone was the new create new companies and new jobs.’’ back so much of the red tape that im- technology of the day. Mr. Chair, it is risk-takers like Tim and the pacts every single small business in companies he works with that hold the keys to America by enacting the REINS Act to b 1630 a lasting recovery and a strong American ensure that Congress, not the We need to update those regulations. economy if we only give them the tools they unelected bureaucracy, controls wheth- That is at the heart of what this JOBS need. er or not we impose job-killing regula- Act does. It doesn’t simply say about Most of this Act enjoys overwhelming bipar- tions on our small business enterprises. debt fundraising; it says on the equity tisan support in the House, as well as from the But it’s still an important bill nonethe- side that you can go around the red President and successful entrepreneurs such less. It’s a bill that will allow these tape and actually allow the average, as Steve Case, of the President’s Council on emerging growth companies, again, everyday investor access to the capital Jobs and Economic Competitiveness. perhaps the Googles of tomorrow and markets and the new, great ideas of the In addition to parts of this bill, I have joined the Apples of tomorrow, to be able to future. my colleagues in the House since last January access vital equity capital. And so it’s This is what the legislation is about. in sending over 30 pro-growth jobs bills to the an important piece of legislation. I I urge my colleagues to vote for it, and Senate for their consideration and they have wish it did more. I ask my colleagues to move forward piled up there like cordwood. If we are going I wish my friends from the other side on this, especially in the Senate. to jumpstart a real and lasting economic re- of the aisle would acknowledge that we Mr. HENSARLING. Mr. Chairman, covery, I am urging the Senate to immediately have tried many of their partisan might I inquire how much time I have take up and pass the JOBS Act, which I ex- ideas, and they haven’t worked. But remaining. pect to receive widespread support tomorrow,

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\K07MR7.072 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1245 as well as the other measures that have The text of the bill, as amended, is as (2) by adding at the end the following: passed the House with bipartisan support. follows: ‘‘(80) The term ‘emerging growth company’ means an issuer that had total annual gross Mr. DINGELL. Mr. Chair, I rise in opposition H.R. 3606 revenues of less than $1,000,000,000 during its to H.R. 3606, the JOBS Act. This unfortunate Be it enacted by the Senate and House of Rep- most recently completed fiscal year. An issuer amalgam of bad ideas is being sold to us as resentatives of the United States of America in that is an emerging growth company as of the an easy way to create jobs and help small Congress assembled, first day of that fiscal year shall continue to be businesses. I fully support both causes, but SECTION 1. SHORT TITLE. deemed an emerging growth company until the passing H.R. 3606 is not the way to see them This Act may be cited as the ‘‘Jumpstart Our earliest of— to fruition. Business Startups Act’’. ‘‘(A) the last day of the fiscal year of the The JOBS Act takes as its premise the tired SEC. 2. TABLE OF CONTENTS. issuer during which it had total annual gross rhetoric that deregulation naturally will lead to The table of contents of this Act is as follows: revenues of $1,000,000,000 or more; ‘‘(B) the last day of the fiscal year of the business growth and job creation. The bill con- Sec. 1. Short title. Sec. 2. Table of contents. issuer following the fifth anniversary of the tains four others, H.R. 1070, H.R. 1965, H.R. date of the first sale of common equity securities TITLE I—REOPENING AMERICAN CAPITAL 2930, and H.R. 2940, which the House of the issuer pursuant to an effective registra- MARKETS TO EMERGING GROWTH COM- passed in November of last year. I am the tion statement under the Securities Act of 1933; PANIES only Member of this body to have voted or Sec. 101. Definitions. ‘‘(C) the date on which such issuer is deemed against all four, and my conviction in their po- Sec. 102. Disclosure obligations. tential to facilitate investor fraud and abuse re- to be a ‘large accelerated filer’, as defined in Sec. 103. Internal controls audit. section 240.12b–2 of title 17, Code of Federal mains strong. Simply put, increasing the Sec. 104. Auditing standards. Regulations, or any successor thereto.’’. Sec. 105. Availability of information about amount of capital a company may raise and (c) OTHER DEFINITIONS.—As used in this title, emerging growth companies. the number of shareholders it may have be- the following definitions shall apply: Sec. 106. Other matters. fore registering with the Securities Exchange (1) COMMISSION.—The term ‘‘Commission’’ Sec. 107. Opt-in right for emerging growth means the Securities and Exchange Commission. Commission (SEC), carving out registration re- companies. (2) INITIAL PUBLIC OFFERING DATE.—The term quirements for crowdfunding in the Securities Sec. 108. Review of Regulation S-K. Act, and removing the long-standing prohibi- ‘‘initial public offering date’’ means the date of TITLE II—ACCESS TO CAPITAL FOR JOB the first sale of common equity securities of an tion on public solicitation in the sale of unreg- CREATORS issuer pursuant to an effective registration istered stock offerings will create more risk Sec. 201. Modification of exemption. statement under the Securities Act of 1933. than reward. Mark my words: Investors will be TITLE III—ENTREPRENEUR ACCESS TO (d) EFFECTIVE DATE.—Notwithstanding sec- swindled, and great sums of money will be CAPITAL tion 2(a)(19) of the Securities Act of 1933 and lost, all because of the dubious assumption Sec. 301. Crowdfunding exemption. section 3(a)(80) of the Securities Exchange Act that deregulation stimulates economic growth. Sec. 302. Exclusion of crowdfunding investors of 1934, an issuer shall not be an emerging As if this were not bad enough, H.R. 3606 from shareholder cap. growth company for purposes of such Acts if the goes one step further to allow all but the very Sec. 303. Preemption of State law. first sale of common equity securities of such issuer pursuant to an effective registration TITLE IV—SMALL COMPANY CAPITAL largest new companies up to five years to statement under the Securities Act of 1933 oc- FORMATION raise money from the public without having to curred on or before December 8, 2011. Sec. 401. Authority to exempt certain securi- assess the adequacy of their own internal con- SEC. 102. DISCLOSURE OBLIGATIONS. ties. trols. The Sarbanes-Oxley Act requires this for (a) EXECUTIVE COMPENSATION.— Sec. 402. Study on the impact of State Blue good reason: to protect investors, promote (1) EXEMPTION.—Section 14A(e) of the Securi- Sky laws on Regulation A offerings. higher-quality financial reporting, and thereby ties Exchange Act of 1934 (15 U.S.C. 78n–1(e)) is create lower costs of capital for companies. TITLE V—PRIVATE COMPANY amended— We have just survived the greatest shock to FLEXIBILITY AND GROWTH (A) by striking ‘‘The Commission may’’ and the Nation’s financial services sector since the Sec. 501. Threshold for registration. inserting the following: Sec. 502. Employees. ‘‘(1) IN GENERAL.— The Commission may’’; Great Depression. Regulation subsequent to Sec. 503. Commission rulemaking. (B) by striking ‘‘an issuer’’ and inserting 1929 created decades of stability and pros- TITLE VI—CAPITAL EXPANSION ‘‘any other issuer’’; and perity. The gradual erosion of the laws and (C) by adding at the end the following: Sec. 601. Shareholder threshold for registra- ‘‘(2) TREATMENT OF EMERGING GROWTH COM- regulations put in place in the aftermath of the tion. PANIES.— Great Depression ultimately caused the crash Sec. 602. Rulemaking. ‘‘(A) IN GENERAL.—An emerging growth com- in 2008, which cost this country millions of TITLE I—REOPENING AMERICAN CAPITAL jobs and wiped out trillions of dollars in our pany shall be exempt from the requirements of MARKETS TO EMERGING GROWTH COM- subsections (a) and (b). constituents’ collective net worth. Now is not PANIES ‘‘(B) COMPLIANCE AFTER TERMINATION OF the time to deregulate. SEC. 101. DEFINITIONS. EMERGING GROWTH COMPANY TREATMENT.—An If my colleagues wish to create jobs, I sug- (a) SECURITIES ACT OF 1933.—Section 2(a) of issuer that was an emerging growth company gest we consider investing in improving our the Securities Act of 1933 (15 U.S.C. 77b(a)) is but is no longer an emerging growth company country’s crumbling infrastructure, supporting amended by adding at the end the following: shall include the first separate resolution de- research and development with grants and ‘‘(19) The term ‘emerging growth company’ scribed under subsection (a)(1) not later than low-interest loans, and assuring our citizens means an issuer that had total annual gross the end of— have the education they need to compete in revenues of less than $1,000,000,000 during its ‘‘(i) in the case of an issuer that was an most recently completed fiscal year. An issuer emerging growth company for less than 2 years the future. Exposing American investors to all that is an emerging growth company as of the after the date of first sale of common equity se- manner of fraud and rascality will create mis- first day of that fiscal year shall continue to be curities of the issuer pursuant to an effective ery instead of jobs. deemed an emerging growth company until the registration statement under the Securities Act Vote down H.R. 3606. earliest of— of 1933, the 3-year period beginning on such Mr. HENSARLING. Mr. Chairman, I ‘‘(A) the last day of the fiscal year of the date; and yield back the balance of my time. issuer during which it had total annual gross ‘‘(ii) in the case of any other issuer, the 1-year The Acting CHAIR. All time for gen- revenues of $1,000,000,000 or more; period beginning on the date the issuer is no eral debate has expired. ‘‘(B) the last day of the fiscal year of the longer an emerging growth company.’’. Pursuant to the rule, the bill shall be issuer following the fifth anniversary of the (2) PROXIES.—Section 14(i) of the Securities date of the first sale of common equity securities Exchange Act of 1934 (15 U.S.C. 78n(i)) is considered for amendment under the 5- of the issuer pursuant to an effective registra- amended by inserting ‘‘, for any issuer other minute rule. tion statement under this title; or than an emerging growth company,’’ after ‘‘in- In lieu of the amendment in the na- ‘‘(C) the date on which such issuer is deemed cluding’’. ture of a substitute printed in the bill, to be a ‘large accelerated filer’, as defined in (3) COMPENSATION DISCLOSURES.—Section an amendment in the nature of a sub- section 240.12b–2 of title 17, Code of Federal 953(b)(1) of the Investor Protection and Securi- stitute consisting of the text of the Regulations, or any successor thereto.’’. ties Reform Act of 2010 (Public Law 111–203; 124 Rules Committee Print 112–17 is adopt- (b) SECURITIES EXCHANGE ACT OF 1934.—Sec- Stat. 1904) is amended by inserting ‘‘, other than ed and the bill, as amended, shall be tion 3(a) of the Securities Exchange Act of 1934 an emerging growth company, as that term is (15 U.S.C. 78c(a)) is amended— defined in section 3(a) of the Securities Ex- considered as an original bill for the (1) by redesignating paragraph (77), as added change Act of 1934,’’ after ‘‘require each purpose of further amendment under by section 941(a) of the Investor Protection and issuer’’. the 5-minute rule and shall be consid- Securities Reform Act of 2010 (Public Law 111– (b) FINANCIAL DISCLOSURES AND ACCOUNTING ered as read. 203, 124 Stat. 1890), as paragraph (79); and PRONOUNCEMENTS.—

VerDate Mar 15 2010 05:26 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A07MR7.020 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1246 CONGRESSIONAL RECORD — HOUSE March 7, 2012

(1) SECURITIES ACT OF 1933.—Section 7(a) of analysis) shall not apply to an audit of an association registered under section 15A of the the Securities Act of 1933 (15 U.S.C. 77g(a)) is emerging growth company, as defined in section Securities Exchange Act of 1934 may adopt or amended— 3 of the Securities Exchange Act of 1934. Any maintain any rule or regulation prohibiting any (A) by striking ‘‘(a) The registration’’ and in- additional rules adopted by the Board after the broker, dealer, or member of a national securi- serting the following: date of enactment of this subparagraph shall ties association from publishing or distributing ‘‘(a) INFORMATION REQUIRED IN REGISTRATION not apply to an audit of any emerging growth any research report or making a public appear- STATEMENT.— company, unless the Commission determines ance, with respect to the securities of an emerg- ‘‘(1) IN GENERAL.—The registration’’; and that the application of such additional require- ing growth company, either— (B) by adding at the end the following: ments is necessary or appropriate in the public (1) within any prescribed period of time fol- ‘‘(2) TREATMENT OF EMERGING GROWTH COM- interest, after considering the protection of in- lowing the initial public offering date of the PANIES.—An emerging growth company— vestors and whether the action will promote effi- emerging growth company; or ‘‘(A) need not present more than 2 years of ciency, competition, and capital formation.’’. (2) within any prescribed period of time prior audited financial statements in order for the SEC. 105. AVAILABILITY OF INFORMATION ABOUT to the expiration date of any agreement between registration statement of such emerging growth EMERGING GROWTH COMPANIES. the broker, dealer, or member of a national secu- company with respect to an initial public offer- (a) PROVISION OF RESEARCH.—Section 2(a)(3) rities association and the emerging growth com- ing of its common equity securities to be effec- of the Securities Act of 1933 (15 U.S.C. 77b(a)(3)) pany or its shareholders that restricts or pro- tive, and in any other registration statement to is amended by adding at the end the following: hibits the sale of securities held by the emerging be filed with the Commission, an emerging ‘‘The publication or distribution by a broker or growth company or its shareholders after the growth company need not present selected fi- dealer of a research report about an emerging initial public offering date. growth company that is the subject of a pro- nancial data in accordance with section 229.301 SEC. 106. OTHER MATTERS. posed public offering of the common equity secu- of title 17, Code of Federal Regulations, for any (a) DRAFT REGISTRATION STATEMENTS.—Sec- rities of such emerging growth company pursu- period prior to the earliest audited period pre- tion 6 of the Securities Act of 1933 (15 U.S.C. 77f) ant to a registration statement that the issuer sented in connection with its initial public offer- is amended by adding at the end the following: proposes to file, or has filed, or that is effective ing; and ‘‘(e) EMERGING GROWTH COMPANIES.— shall be deemed for purposes of paragraph (10) ‘‘(B) may not be required to comply with any ‘‘(1) IN GENERAL.—Any emerging growth com- of this subsection and section 5(c) not to con- new or revised financial accounting standard pany, prior to its initial public offering date, stitute an offer for sale or offer to sell a secu- until such date that a company that is not an may confidentially submit to the Commission a issuer (as defined under section 2(a) of the Sar- rity, even if the broker or dealer is participating or will participate in the registered offering of draft registration statement, for confidential banes-Oxley Act of 2002 (15 U.S.C. 7201(a)) is re- nonpublic review by the staff of the Commission quired to comply with such new or revised ac- the securities of the issuer. As used in this para- graph, the term ‘research report’ means a writ- prior to public filing, provided that the initial counting standard, if such standard applies to confidential submission and all amendments companies that are not issuers.’’. ten, electronic, or oral communication that in- cludes information, opinions, or recommenda- thereto shall be publicly filed with the Commis- (2) SECURITIES EXCHANGE ACT OF 1934.—Section sion not later than 21 days before the date on 13(a) of the Securities Exchange Act of 1934 (15 tions with respect to securities of an issuer or an analysis of a security or an issuer, whether or which the issuer conducts a road show, as such U.S.C. 78m(a)) is amended by adding at the end term is defined in section 230.433(h)(4) of title 17, the following: ‘‘In any registration statement, not it provides information reasonably sufficient upon which to base an investment decision.’’. Code of Federal Regulations, or any successor periodic report, or other reports to be filed with thereto. the Commission, an emerging growth company (b) SECURITIES ANALYST COMMUNICATIONS.— Section 15D of the Securities Exchange Act of ‘‘(2) CONFIDENTIALITY.—Notwithstanding any need not present selected financial data in ac- 1934 (15 U.S.C. 78o–6) is amended— other provision of this title, the Commission cordance with section 229.301 of title 17, Code of (1) by redesignating subsection (c) as sub- shall not be compelled to disclose any informa- Federal Regulations, for any period prior to the section (d); and tion provided to or obtained by the Commission earliest audited period presented in connection (2) by inserting after subsection (b) the fol- pursuant to this subsection. For purposes of sec- with its first registration statement that became lowing: tion 552 of title 5, United States Code, this sub- effective under this Act or the Securities Act of ‘‘(c) LIMITATION.—Notwithstanding subsection section shall be considered a statute described in 1933 and, with respect to any such statement or (a) or any other provision of law, neither the subsection (b)(3)(B) of such section 552. Infor- reports, an emerging growth company may not Commission nor any national securities associa- mation described in or obtained pursuant to this be required to comply with any new or revised tion registered under section 15A may adopt or subsection shall be deemed to constitute con- financial accounting standard until such date maintain any rule or regulation in connection fidential information for purposes of section that a company that is not an issuer (as defined with an initial public offering of the common eq- 24(b)(2) of the Securities Exchange Act of 1934.’’. under section 2(a) of the Sarbanes-Oxley Act of uity of an emerging growth company— (b) TICK SIZE.—Section 11A(c) of the Securi- 2002 (15 U.S.C. 7201(a)) is required to comply ‘‘(1) restricting, based on functional role, ties Exchange Act of 1934 (15 U.S.C. 78k-1(c)) is with such new or revised accounting standard, which associated persons of a broker, dealer, or amended by adding at the end the following if such standard applies to companies that are member of a national securities association, may new paragraph: not issuers.’’. arrange for communications between a securities ‘‘(6) TICK SIZE.— (c) OTHER DISCLOSURES.—An emerging growth analyst and a potential investor; or ‘‘(A) STUDY AND REPORT.—The Commission company may comply with section 229.303(a) of ‘‘(2) restricting a securities analyst from par- shall conduct a study examining the transition title 17, Code of Federal Regulations, or any ticipating in any communications with the man- to trading and quoting securities in one penny successor thereto, by providing information re- agement of an emerging growth company that is increments, also known as decimalization. The quired by such section with respect to the finan- also attended by any other associated person of study shall examine the impact that cial statements of the emerging growth company a broker, dealer, or member of a national securi- decimalization has had on the number of initial for each period presented pursuant to section ties association whose functional role is other public offerings since its implementation relative 7(a) of the Securities Act of 1933 (15 U.S.C. than as a securities analyst.’’. to the period before its implementation. The (c) EXPANDING PERMISSIBLE COMMUNICA- 77g(a)). An emerging growth company may com- study shall also examine the impact that this TIONS.—Section 5 of the Securities Act of 1933 ply with section 229.402 of title 17, Code of Fed- change has had on liquidity for small and mid- eral Regulations, or any successor thereto, by (15 U.S.C. 77e) is amended— (1) by redesignating subsection (d) as sub- dle capitalization company securities and disclosing the same information as any issuer whether there is sufficient economic incentive to with a market value of outstanding voting and section (e); and (2) by inserting after subsection (c) the fol- support trading operations in these securities in nonvoting common equity held by non-affiliates penny increments. Not later than 90 days after of less than $75,000,000. lowing: ‘‘(d) LIMITATION.—Notwithstanding any other the date of enactment of this paragraph, the SEC. 103. INTERNAL CONTROLS AUDIT. provision of this section, an emerging growth Commission shall submit to Congress a report on Section 404(b) of the Sarbanes-Oxley Act of company or any person authorized to act on be- the findings of the study. 2002 (15 U.S.C. 7262(b)) is amended by inserting half of an emerging growth company may en- ‘‘(B) DESIGNATION.—If the Commission deter- ‘‘, other than an issuer that is an emerging gage in oral or written communications with po- mines that the securities of emerging growth growth company (as defined in section 3 of the tential investors that are qualified institutional companies should be quoted and traded using a Securities Exchange Act of 1934),’’ before ‘‘shall buyers or institutions that are accredited inves- minimum increment of greater than $0.01, the attest to’’. tors, as such terms are respectively defined in Commission may, by rule not later than 180 days SEC. 104. AUDITING STANDARDS. section 230.144A and section 230.501(a) of title after the date of enactment of this paragraph, Section 103(a)(3) of the Sarbanes-Oxley Act of 17, Code of Federal Regulations, or any suc- designate a minimum increment for the securi- 2002 (15 U.S.C. 7213(a)(3)) is amended by adding cessor thereto, to determine whether such inves- ties of emerging growth companies that is great- at the end the following: tors might have an interest in a contemplated er than $0.01 but less than $0.10 for use in all ‘‘(C) TRANSITION PERIOD FOR EMERGING securities offering, either prior to or following quoting and trading of securities in any ex- GROWTH COMPANIES.—Any rules of the Board re- the date of filing of a registration statement change or other execution venue.’’. quiring mandatory audit firm rotation or a sup- with respect to such securities with the Commis- SEC. 107. OPT-IN RIGHT FOR EMERGING GROWTH plement to the auditor’s report in which the sion, subject to the requirement of subsection COMPANIES. auditor would be required to provide additional (b)(2).’’. (a) IN GENERAL.—With respect to an exemp- information about the audit and the financial (d) POST OFFERING COMMUNICATIONS.—Nei- tion provided to emerging growth companies statements of the issuer (auditor discussion and ther the Commission nor any national securities under this title, or an amendment made by this

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A07MR7.017 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1247 title, an emerging growth company may choose ‘‘(i) $1,000,000, as such amount is adjusted by ‘‘(C) the stated purpose and intended use of to forgo such exemption and instead comply the Commission to reflect the annual change in the proceeds of the offering sought by the issuer; with the requirements that apply to an issuer the Consumer Price Index for All Urban Con- and that is not an emerging growth company. sumers published by the Bureau of Labor Statis- ‘‘(D) the target offering amount and the dead- (b) SPECIAL RULE.—Notwithstanding sub- tics, or less; or line to reach the target offering amount; section (a), with respect to the extension of time ‘‘(ii) if the issuer provides potential investors ‘‘(10) outsources cash-management functions to comply with new or revised financial ac- with audited financial statements, $2,000,000, as to a qualified third party custodian, such as a counting standards provided under section such amount is adjusted by the Commission to broker or dealer registered under section 15(b)(1) 7(a)(2)(B) of the Securities Act of 1933 and sec- reflect the annual change in the Consumer Price of the Securities Exchange Act of 1934 or an in- tion 13(a) of the Securities Exchange Act of Index for All Urban Consumers published by the sured depository institution; 1934, as added by section 102(b), if an emerging Bureau of Labor Statistics, or less; ‘‘(11) maintains such books and records as the growth company chooses to comply with such ‘‘(B) the aggregate amount sold to any inves- Commission determines appropriate; standards to the same extent that a non-emerg- tor in reliance on this exemption within the pre- ‘‘(12) makes available on the intermediary’s ing growth company is required to comply with vious 12-month period does not exceed the lesser website a method of communication that permits such standards, the emerging growth company— of— the issuer and investors to communicate with (1) must make such choice at the time the com- ‘‘(i) $10,000, as such amount is adjusted by the one another; pany is first required to file a registration state- Commission to reflect the annual change in the ‘‘(13) provides the Commission with a notice ment, periodic report, or other report with the Consumer Price Index for All Urban Consumers upon completion of the offering, which shall in- Commission under section 13 of the Securities published by the Bureau of Labor Statistics; clude the aggregate offering amount and the Exchange Act of 1934 and notify the Securities and number of purchasers; and ‘‘(14) does not offer investment advice. and Exchange Commission of such choice; ‘‘(ii) 10 percent of such investor’s annual in- ‘‘(b) REQUIREMENTS ON ISSUERS IF NO INTER- (2) may not select some standards to comply come; MEDIARY.—For purposes of section 4(6), an with in such manner and not others, but must ‘‘(C) in the case of a transaction involving an issuer who offers or sells securities without an comply with all such standards to the same ex- intermediary between the issuer and the inves- intermediary shall comply with the requirements tent that a non-emerging growth company is re- tor, such intermediary complies with the re- quired to comply with such standards; and of this subsection if the issuer— quirements under section 4A(a); and ‘‘(1) warns investors, including on the issuer’s (3) must continue to comply with such stand- ‘‘(D) in the case of a transaction not involving ards to the same extent that a non-emerging website, of the speculative nature generally ap- an intermediary between the issuer and the in- growth company is required to comply with such plicable to investments in startups, emerging vestor, the issuer complies with the requirements standards for as long as the company remains businesses, and small issuers, including risks in under section 4A(b).’’. an emerging growth company. the secondary market related to illiquidity; (b) REQUIREMENTS TO QUALIFY FOR SEC. 108. REVIEW OF REGULATION S-K. ‘‘(2) warns investors that they are subject to CROWDFUNDING EXEMPTION.—The Securities Act (a) REVIEW.—The Securities and Exchange the restriction on sales requirement described of 1933 is amended by inserting after section 4 under subsection (e); Commission shall conduct a review of its Regu- the following: lation S-K (17 C.F.R. 229.10 et seq.) to— ‘‘(3) takes reasonable measures to reduce the (1) comprehensively analyze the current reg- ‘‘SEC. 4A. REQUIREMENTS WITH RESPECT TO risk of fraud with respect to such transaction; istration requirements of such regulation; and CERTAIN SMALL TRANSACTIONS. ‘‘(4) provides the Commission with the issuer’s (2) determine how such requirements can be ‘‘(a) REQUIREMENTS ON INTERMEDIARIES.—For physical address, website address, and the updated to modernize and simplify the registra- purposes of section 4(6), a person acting as an names of the principals and employees of the tion process and reduce the costs and other bur- intermediary in a transaction involving the offer issuers, and keeps such information up-to-date; dens associated with these requirements for or sale of securities shall comply with the re- ‘‘(5) provides the Commission with continuous issuers who are emerging growth companies. quirements of this subsection if the inter- investor-level access to the issuer’s website; (b) REPORT.—Not later the 180 days after the mediary— ‘‘(6) requires each potential investor to answer date of enactment of this title, the Commission ‘‘(1) warns investors, including on the questions demonstrating— shall transmit to Congress a report of the review intermediary’s website used for the offer and ‘‘(A) an understanding of the level of risk conducted under subsection (a). The report shall sale of such securities, of the speculative nature generally applicable to investments in startups, include the specific recommendations of the generally applicable to investments in startups, emerging businesses, and small issuers; ‘‘(B) an understanding of the risk of Commission on how to streamline the registra- emerging businesses, and small issuers, includ- illiquidity; and tion process in order to make it more efficient ing risks in the secondary market related to ‘‘(C) such other areas as the Commission may and less burdensome for the Commission and for illiquidity; ‘‘(2) warns investors that they are subject to determine appropriate by rule or regulation; prospective issuers who are emerging growth ‘‘(7) states a target offering amount and en- the restriction on sales requirement described companies. sures that the third party custodian described under subsection (e); TITLE II—ACCESS TO CAPITAL FOR JOB under paragraph (9) withholds offering proceeds CREATORS ‘‘(3) takes reasonable measures to reduce the risk of fraud with respect to such transaction; until the aggregate capital raised from investors SEC. 201. MODIFICATION OF EXEMPTION. ‘‘(4) provides the Commission with the other than the issuer is no less than 60 percent (a) REMOVAL OF RESTRICTION.—Section 4(2) of intermediary’s physical address, website ad- of the target offering amount; ‘‘(8) provides the Commission with notice of the Securities Act of 1933 (15 U.S.C. 77d(2)) is dress, and the names of the intermediary and the offering, not later than the first day securi- amended by adding before the period the fol- employees of the intermediary, and keep such ties are offered to potential investors, includ- lowing: ‘‘, whether or not such transactions in- information up-to-date; volve general solicitation or general adver- ‘‘(5) provides the Commission with continuous ing— ‘‘(A) the stated purpose and intended use of tising’’. investor-level access to the intermediary’s (b) MODIFICATION OF RULES.—Not later than the proceeds of the offering sought by the issuer; website; and 90 days after the date of the enactment of this ‘‘(6) requires each potential investor to answer Act, the Securities and Exchange Commission ‘‘(B) the target offering amount and the dead- questions demonstrating— line to reach the target offering amount; shall revise its rules issued in section 230.506 of ‘‘(A) an understanding of the level of risk title 17, Code of Federal Regulations, to provide ‘‘(9) outsources cash-management functions to generally applicable to investments in startups, a qualified third party custodian, such as a that the prohibition against general solicitation emerging businesses, and small issuers; or general advertising contained in section broker or dealer registered under section 15(b)(1) ‘‘(B) an understanding of the risk of of the Securities Exchange Act of 1934 or an in- 230.502(c) of such title shall not apply to offers illiquidity; and and sales of securities made pursuant to section sured depository institution; ‘‘(C) such other areas as the Commission may ‘‘(10) maintains such books and records as the 230.506, provided that all purchasers of the secu- determine appropriate by rule or regulation; rities are accredited investors. Such rules shall Commission determines appropriate; ‘‘(7) requires the issuer to state a target offer- ‘‘(11) makes available on the issuer’s website a require the issuer to take reasonable steps to ing amount and a deadline to reach the target method of communication that permits the verify that purchasers of the securities are ac- offering amount and ensure the third party cus- issuer and investors to communicate with one credited investors, using such methods as deter- todian described under paragraph (10) with- another; mined by the Commission. holds offering proceeds until aggregate capital ‘‘(12) does not offer investment advice; TITLE III—ENTREPRENEUR ACCESS TO raised from investors other than the issuer is no ‘‘(13) provides the Commission with a notice CAPITAL less than 60 percent of the target offering upon completion of the offering, which shall in- SEC. 301. CROWDFUNDING EXEMPTION. amount; clude the aggregate offering amount and the (a) SECURITIES ACT OF 1933.—Section 4 of the ‘‘(8) carries out a background check on the number of purchasers; and Securities Act of 1933 (15 U.S.C. 77d) (as amend- issuer’s principals; ‘‘(14) discloses to potential investors, on the ed by section 201) is further amended by adding ‘‘(9) provides the Commission and potential issuer’s website, that the issuer has an interest at the end the following: investors with notice of the offering, not later in the issuance. ‘‘(6) transactions involving the offer or sale of than the first day securities are offered to po- ‘‘(c) VERIFICATION OF INCOME.—For purposes securities by an issuer, provided that— tential investors, including— of section 4(6), an issuer or intermediary may ‘‘(A) the aggregate amount sold within the ‘‘(A) the issuer’s name, legal status, physical rely on certifications as to annual income pro- previous 12-month period in reliance upon this address, and website address; vided by the person to whom the securities are exemption is— ‘‘(B) the names of the issuer’s principals; sold to verify the investor’s income.

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A07MR7.017 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1248 CONGRESSIONAL RECORD — HOUSE March 7, 2012

‘‘(d) INFORMATION AVAILABLE TO STATES.— described under section 18(a) of Securities Act of lation adopted pursuant to paragraph (2): eq- The Commission shall make the notices de- 1933 (15 U.S.C. 77r(a)), and shall have no impact uity securities, debt securities, and debt securi- scribed under subsections (a)(9), (a)(13), (b)(8), or limitation on other State authority to take ties convertible or exchangeable to equity inter- and (b)(13) and the information described under enforcement action with regard to an issuer, ests, including any guarantees of such securi- subsections (a)(4) and (b)(4) available to the intermediary, or any other person or entity ties. States. using the exemption from registration provided ‘‘(4) PERIODIC DISCLOSURES.—Upon such terms ‘‘(e) RESTRICTION ON SALES.—With respect to by section 4(6) of such Act. and conditions as the Commission determines a transaction involving the issuance of securi- (2) CLARIFICATION OF STATE JURISDICTION necessary in the public interest and for the pro- ties described under section 4(6), a purchaser OVER UNLAWFUL CONDUCT OF INTERMEDIARIES, tection of investors, the Commission by rule or may not transfer such securities during the 1- ISSUERS, AND CUSTODIANS.—Section 18(c)(1) of regulation may require an issuer of a class of se- year period beginning on the date of purchase, the Securities Act of 1933 is amended by striking curities exempted under paragraph (2) to make unless such securities are sold to— ‘‘with respect to fraud or deceit, or unlawful available to investors and file with the Commis- ‘‘(1) the issuer of such securities; or conduct by a broker or dealer, in connection sion periodic disclosures regarding the issuer, its ‘‘(2) an accredited investor. with securities or securities transactions.’’ and business operations, its financial condition, its ‘‘(f) CONSTRUCTION.— inserting the following: ‘‘, in connection with corporate governance principles, its use of inves- ‘‘(1) NO REGISTRATION AS BROKER.—With re- securities or securities transactions, with respect tor funds, and other appropriate matters, and spect to a transaction described under section to— also may provide for the suspension and termi- 4(6) involving an intermediary, such inter- ‘‘(A) fraud or deceit; nation of such a requirement with respect to mediary shall not be required to register as a ‘‘(B) unlawful conduct by a broker or dealer; that issuer. broker under section 15(a)(1) of the Securities and ‘‘(5) ADJUSTMENT.—Not later than 2 years Exchange Act of 1934 solely by reason of partici- ‘‘(C) with respect to a transaction described after the date of enactment of the Small Com- pation in such transaction. under section 4(6), unlawful conduct by an pany Capital Formation Act of 2011 and every 2 ‘‘(2) NO PRECLUSION OF OTHER CAPITAL RAIS- intermediary, issuer, or custodian.’’. years thereafter, the Commission shall review ING.—Nothing in this section or section 4(6) TITLE IV—SMALL COMPANY CAPITAL the offering amount limitation described in shall be construed as preventing an issuer from FORMATION paragraph (2)(A) and shall increase such raising capital through methods not described amount as the Commission determines appro- under section 4(6).’’. SEC. 401. AUTHORITY TO EXEMPT CERTAIN SECU- RITIES. priate. If the Commission determines not to in- (c) RULEMAKING.—Not later than 180 days (a) IN GENERAL.—Section 3(b) of the Securities crease such amount, it shall report to the Com- after the date of the enactment of this Act, the Act of 1933 (15 U.S.C. 77c(b)) is amended— mittee on Financial Services of the House of Securities and Exchange Commission shall issue (1) by striking ‘‘(b) The Commission’’ and in- Representatives and the Committee on Banking, such rules as may be necessary to carry out sec- serting the following: Housing, and Urban Affairs of the Senate on its tion 4A of the Securities Act of 1933. In issuing ‘‘(b) ADDITIONAL EXEMPTIONS.— reasons for not increasing the amount.’’. such rules, the Commission shall consider the ‘‘(1) SMALL ISSUES EXEMPTIVE AUTHORITY.— (b) TREATMENT AS COVERED SECURITIES FOR costs and benefits of the action. The Commission’’; and PURPOSES OF NSMIA.—Section 18(b)(4) of the (d) DISQUALIFICATION.—Not later than 180 (2) by adding at the end the following: Securities Act of 1933 (as amended by section days after the date of the enactment of this Act, ‘‘(2) ADDITIONAL ISSUES.—The Commission 303) (15 U.S.C. 77r(b)(4)) is further amended by the Securities and Exchange Commission shall shall by rule or regulation add a class of securi- inserting after subparagraph (C) (as added by by rule or regulation establish disqualification ties to the securities exempted pursuant to this such section) the following: provisions under which an issuer shall not be el- section in accordance with the following terms ‘‘(D) a rule or regulation adopted pursuant to igible to utilize the exemption under section 4(6) and conditions: section 3(b)(2) and such security is— of the Securities Act of 1933 based on the dis- ‘‘(A) The aggregate offering amount of all se- ‘‘(i) offered or sold on a national securities ex- ciplinary history of the issuer or its prede- curities offered and sold within the prior 12- change; or cessors, affiliates, officers, directors, or persons month period in reliance on the exemption ‘‘(ii) offered or sold to a qualified purchaser, fulfilling similar roles. The Commission shall added in accordance with this paragraph shall as defined by the Commission pursuant to para- also establish disqualification provisions under not exceed $50,000,000. graph (3) with respect to that purchase or which an intermediary shall not be eligible to ‘‘(B) The securities may be offered and sold sale;’’. act as an intermediary in connection with an of- publicly. (c) CONFORMING AMENDMENT.—Section 4(5) of fering utilizing the exemption under section 4(6) ‘‘(C) The securities shall not be restricted se- the Securities Act of 1933 is amended by striking of the Securities Act of 1933 based on the dis- curities within the meaning of the Federal secu- ‘‘section 3(b)’’ and inserting ‘‘section 3(b)(1)’’. ciplinary history of the intermediary or its pred- rities laws and the regulations promulgated SEC. 402. STUDY ON THE IMPACT OF STATE BLUE ecessors, affiliates, officers, directors, or persons thereunder. SKY LAWS ON REGULATION A OFFER- fulfilling similar roles. Such provisions shall be ‘‘(D) The civil liability provision in section INGS. substantially similar to the disqualification pro- 12(a)(2) shall apply to any person offering or The Comptroller General shall conduct a visions contained in the regulations adopted in selling such securities. study on the impact of State laws regulating se- accordance with section 926 of the Dodd-Frank ‘‘(E) The issuer may solicit interest in the of- curities offerings, or ‘‘Blue Sky laws’’, on offer- Wall Street Reform and Consumer Protection fering prior to filing any offering statement, on ings made under Regulation A (17 C.F.R. 230.251 Act (15 U.S.C. 77d note). such terms and conditions as the Commission et seq.). The Comptroller General shall transmit SEC. 302. EXCLUSION OF CROWDFUNDING INVES- may prescribe in the public interest or for the a report on the findings of the study to the Com- TORS FROM SHAREHOLDER CAP. protection of investors. mittee on Financial Services of the House of Section 12(g)(5) of the Securities Exchange Act ‘‘(F) The Commission shall require the issuer Representatives, and the Committee on Bank- of 1934 (15 U.S.C. 78l(g)(5)) is amended— to file audited financial statements with the ing, Housing, and Urban Affairs of the Senate (1) by striking ‘‘(5) For the purposes’’ and in- Commission annually. not later than 3 months after the date of enact- serting: ‘‘(G) Such other terms, conditions, or require- ment of this Act. ‘‘(5) DEFINITIONS.— ments as the Commission may determine nec- TITLE V—PRIVATE COMPANY FLEXIBILITY ‘‘(A) IN GENERAL.—For the purposes’’; and essary in the public interest and for the protec- AND GROWTH (2) by adding at the end the following: tion of investors, which may include— ‘‘(B) EXCLUSION FOR PERSONS HOLDING CER- ‘‘(i) a requirement that the issuer prepare and SEC. 501. THRESHOLD FOR REGISTRATION. TAIN SECURITIES.—For purposes of this sub- electronically file with the Commission and dis- Section 12(g)(1)(A) of the Securities Exchange section, securities held by persons who purchase tribute to prospective investors an offering state- Act of 1934 (15 U.S.C. 78l(g)(1)(A)) is amended to such securities in transactions described under ment, and any related documents, in such form read as follows: section 4(6) of the Securities Act of 1933 shall and with such content as prescribed by the ‘‘(A) within 120 days after the last day of its not be deemed to be ‘held of record’.’’. Commission, including audited financial state- first fiscal year ended on which the issuer has SEC. 303. PREEMPTION OF STATE LAW. ments, a description of the issuer’s business op- total assets exceeding $10,000,000 and a class of (a) IN GENERAL.—Section 18(b)(4) of the Secu- erations, its financial condition, its corporate equity security (other than an exempted secu- rities Act of 1933 (15 U.S.C. 77r(b)(4)) is amend- governance principles, its use of investor funds, rity) held of record by 1,000 persons, and’’. ed— and other appropriate matters; and SEC. 502. EMPLOYEES. (1) by redesignating subparagraphs (C) and ‘‘(ii) disqualification provisions under which Section 12(g)(5) of the Securities Exchange Act (D) as subparagraphs (E) and (F), respectively; the exemption shall not be available to the of 1934 (15 U.S.C. 78l(g)(5)) is amended by add- and issuer or its predecessors, affiliates, officers, di- ing at the end the following: ‘‘For purposes of (2) by inserting after subparagraph (B) the rectors, underwriters, or other related persons, determining whether an issuer is required to reg- following: which shall be substantially similar to the dis- ister a security with the Commission pursuant to ‘‘(C) section 4(6);’’. qualification provisions contained in the regula- paragraph (1), the definition of ‘held of record’ (b) CLARIFICATION OF THE PRESERVATION OF tions adopted in accordance with section 926 of shall not include securities held by persons who STATE ENFORCEMENT AUTHORITY.— the Dodd-Frank Wall Street Reform and Con- received the securities pursuant to an employee (1) IN GENERAL.—The amendments made by sumer Protection Act (15 U.S.C. 77d note). compensation plan in transactions exempted subsection (a) relate solely to State registration, ‘‘(3) LIMITATION.—Only the following types of from the registration requirements of section 5 of documentation, and offering requirements, as securities may be exempted under a rule or regu- the Securities Act of 1933.’’.

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A07MR7.017 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1249 SEC. 503. COMMISSION RULEMAKING. Page 37, line 3, strike ‘‘is amended’’ and in- The Acting CHAIR (Mr. BISHOP of The Securities and Exchange Commission sert the following: ‘‘, as amended by section Utah). The question is on the amend- shall revise the definition of ‘‘held of record’’ 302, is amended in subparagraph (A)’’. ment offered by the gentleman from pursuant to section 12(g)(5) of the Securities Ex- Page 37, beginning on line 18, strike ‘‘hold- Tennessee (Mr. FINCHER). change Act of 1934 (15 U.S.C. 78l(g)(5)) to imple- ers of their securities are accredited inves- ment the amendment made by section 502. The tors or that’’. The amendment was agreed to. Commission shall also adopt safe harbor provi- Page 38, line 16, strike ‘‘, as such term is AMENDMENT NO. 2 OFFERED BY MR. MCINTYRE sions that issuers can follow when determining defined in section 3(a)(6),’’. The Acting CHAIR. It is now in order whether holders of their securities are accred- Page 38, line 18, strike ‘‘section (2)’’ and in- sert ‘‘section 2’’. to consider amendment No. 2 printed in ited investors or that holders of their securities House Report 112–409. received the securities pursuant to an employee The Acting CHAIR. Pursuant to Mr. MCINTYRE. Mr. Chairman, I rise compensation plan in transactions that were ex- House Resolution 572, the gentleman today in support of my amendment to empt from the registration requirements of sec- from Tennessee (Mr. FINCHER) and a Jumpstart Our Business Startups Act tion 5 of the Securities Act of 1933. Member opposed each will control 5 and would like to speak on the same. TITLE VI—CAPITAL EXPANSION minutes. The Acting CHAIR. The Clerk will SEC. 601. SHAREHOLDER THRESHOLD FOR REG- The Chair recognizes the gentleman ISTRATION. from Tennessee. designate the amendment. (a) AMENDMENTS TO SECTION 12 OF THE SECU- Mr. FINCHER. Mr. Chairman, I rise The text of the amendment is as fol- RITIES EXCHANGE ACT OF 1934.—Section 12(g) of today, along with the gentleman from lows: the Securities Exchange Act of 1934 (15 U.S.C. Delaware (Mr. CARNEY), to offer a tech- Page 2, line 11, insert after ‘‘$1,000,000,000’’ 78l (g)) is further amended— the following: ‘‘(as such amount is indexed (1) in paragraph (1), by amending subpara- nical amendment to H.R. 3606. The amendment now pending would for inflation every 5 years by the Commis- graph (B) to read as follows: sion to reflect the change in the Consumer ‘‘(B) in the case of an issuer that is a bank or simply provide technical corrections to Price Index for All Urban Consumers pub- a bank holding company, as such term is de- the underlying bill. Both Members and lished by the Bureau of Labor Statistics, set- fined in section 2 of the Bank Holding Company committee staff have heard from var- ting the threshold to the nearest 1,000,000)’’. Act of 1956 (12 U.S.C. 1841), not later than 120 ious groups and stakeholders affected Page 2, line 18, insert after ‘‘$1,000,000,000’’ days after the last day of its first fiscal year by this bill. The amendment is a reflec- the following: ‘‘(as such amount is indexed ended after the effective date of this subsection, tion of the technical advice given to us for inflation every 5 years by the Commis- on which the issuer has total assets exceeding by these groups. I strongly believe that sion to reflect the change in the Consumer $10,000,000 and a class of equity security (other these technical changes improve the Price Index for All Urban Consumers pub- than an exempted security) held of record by lished by the Bureau of Labor Statistics, set- 2,000 or more persons,’’; and bill and would ask my colleagues to ting the threshold to the nearest 1,000,000)’’. (2) in paragraph (4), by striking ‘‘three hun- support this amendment. Page 3, line 20, insert after ‘‘$1,000,000,000’’ dred’’ and inserting ‘‘300 persons, or, in the case I reserve the balance of my time. the following: ‘‘(as such amount is indexed of a bank, as such term is defined in section Mr. HENSARLING. Mr. Chairman, I for inflation every 5 years by the Commis- 3(a)(6), or a bank holding company, as such ask unanimous consent to claim the sion to reflect the change in the Consumer term is defined in section (2) of the Bank Hold- time in opposition to the amendment; Price Index for All Urban Consumers pub- ing Company Act of 1956 (12 U.S.C. 1841), 1,200 although I’m not opposed to the lished by the Bureau of Labor Statistics, set- persons’’. amendment. ting the threshold to the nearest 1,000,000)’’. (b) AMENDMENTS TO SECTION 15 OF THE SECU- The Acting CHAIR. Without objec- Page 4, line 3, insert after ‘‘$1,000,000,000’’ RITIES EXCHANGE ACT OF 1934.—Section 15(d) of tion, the gentleman from Texas is rec- the following: ‘‘(as such amount is indexed the Securities Exchange Act of 1934 (15 U.S.C. for inflation every 5 years by the Commis- 78o(d)) is amended, in the third sentence, by ognized for 5 minutes. There was no objection. sion to reflect the change in the Consumer striking ‘‘three hundred’’ and inserting ‘‘300 Price Index for All Urban Consumers pub- persons, or, in the case of bank or a bank hold- Mr. HENSARLING. I want to com- lished by the Bureau of Labor Statistics, set- ing company, as such term is defined in section mend, again, the gentleman from Ten- ting the threshold to the nearest 1,000,000)’’. 2 of the Bank Holding Company Act of 1956 (12 nessee and the gentleman from Dela- The Acting CHAIR. Pursuant to U.S.C. 1841), 1,200 persons’’. ware for this amendment that I believe House Resolution 572, the gentleman SEC. 602. RULEMAKING. helps improve the underlying amend- from North Carolina (Mr. MCINTYRE) Not later than 1 year after the date of enact- ment with some technical corrections. and a Member opposed each will con- ment of this Act, the Securities and Exchange I would urge all Members to adopt it. Commission shall issue final regulations to im- Mr. Chairman, I yield back the bal- trol 5 minutes. plement this title and the amendments made by ance of my time. The Chair recognizes the gentleman this title. Mr. FINCHER. Mr. Chairman, I yield from North Carolina. The Acting CHAIR. No further 1 minute to my colleague, the gen- Mr. MCINTYRE. Mr. Chairman, this amendment to the bill, as amended, tleman from Delaware (Mr. CARNEY). important amendment addresses the shall be in order except those printed Mr. CARNEY. I thank the gentleman. emerging growth company definition in House Report 112–409. Each such fur- Being new at this, I think I was sup- for inflation, resulting in providing ther amendment may be offered only in posed to grab that time in opposition, more flexibility for businesses. the order printed in the report, by a but I don’t oppose this amendment. So The emerging growth company defi- Member designated in the report, shall I stumbled there for a minute. nition would ensure that our small be considered read, shall be debatable I rise in support of the technical businesses and start-ups thrive in our for the time specified in the report, amendment that is under consideration Nation’s challenging economy and con- equally divided and controlled by the at this time and also say that, in the tinue to create jobs that are so impor- proponent and an opponent, shall not work through the committee, we also tant to our citizens. be subject to amendment, and shall not had a technical amendment that was Similar to other parts of the bill, the be subject to a demand for division of adopted by the committee that ad- amount related to regulation flexi- the question. dressed a number of the concerns that bility will be adjusted for inflation to AMENDMENT NO. 1 OFFERED BY MR. FINCHER were raised by Ranking Member FRANK take into account increased costs that The Acting CHAIR. It is now in order and by my good friend from Ohio (Mr. small companies are currently facing. to consider amendment No. 1 printed in RENACCI) consistent with this amend- This will allow for more businesses to House Report 112–409. ment that’s under consideration right be able to enjoy the regulation flexi- Mr. FINCHER. Mr. Chairman, I have now. bility and help them start up and grow. an amendment at the desk. This is the spirit in which we’ve Mr. Chairman, our economy con- The Acting CHAIR. The Clerk will worked this bill, tried to address con- tinues to struggle, and many Ameri- designate the amendment. cerns that were raised both by inter- cans are struggling with dwindling The text of the amendment is as fol- ested parties as well as by individual family finances while too many are lows: Members. So I rise in support of the facing joblessness. And no one knows Page 3, line 18, after ‘‘(80)’’ insert the fol- amendment. better that our true job creators across lowing: ‘‘EMERGING GROWTH COMPANY.—’’. Mr. FINCHER. Mr. Chairman, with the Nation need to be able to have re- Page 9, line 3, strike ‘‘7201(a))’’ and insert that, I yield back the balance of my lief from burdensome regulations. The ‘‘7201(a)))’’. time. small businesses and companies that

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.017 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1250 CONGRESSIONAL RECORD — HOUSE March 7, 2012 are being hit hard by these regulations The Chair recognizes the gentleman this definition right. We should make need relief. It is imperative that we all from Connecticut. sure that this is a benefit that accrues work together to reduce regulations, to Mr. HIMES. Mr. Chairman, I yield to truly small entrepreneurial emerg- get rid of these onerous regulations on myself such time as I may consume. ing companies. our small businesses and help them Mr. Chair, my amendment is very And therefore, I think $750 million in continue to create jobs and persevere. simple. This bill that we are discussing revenue is a more appropriate bench- My amendment, which the Congres- today creates what we have come to mark and, therefore, I propose this sional Budget Office has scored as hav- describe as the IPO on-ramp, which, for amendment. ing no cost to the Federal Government, emerging growth companies, would lift With that, I reserve the balance of reflects the needs and priorities of some of the more burdensome require- my time. those small businesses and entre- ments that are perhaps more appro- Mr. HENSARLING. Mr. Chair, I preneurs across the Nation. By passing priate for larger, more established claim the time in opposition. it today, we can truly make a dif- companies. The Acting CHAIR. The gentleman ference for American families and busi- Now, the question naturally arises, from Texas is recognized for 5 minutes. nesses. Let’s work together to rebuild how should we define an emerging Mr. HENSARLING. I yield myself as our economy and put Americans back growth company? Currently, the bill much time as I may consume. to work. specifies that a company with revenues Mr. Chairman, again, the people of Mr. Chairman, I yield back the bal- at or in excess of $1 billion would not America care about jobs, they care ance of my time. qualify, meaning revenues less than about economic growth. Although Mr. HENSARLING. I ask unanimous that, and you could qualify to be an we’ve had some recent improvement in consent, Mr. Chairman, to claim the emerging growth company. our monthly unemployment figures, time in opposition, although I’m not My amendment, Mr. Chairman, and when we add in those who are working opposed to the amendment. my belief is that this is far too expan- part-time who would prefer to be work- The Acting CHAIR. Without objec- sive a definition of emerging growth ing full-time, and when we add in those tion, the gentleman from Texas is rec- companies. It’s not just my belief. We who, frankly, have just given up and ognized for 5 minutes. heard in the hearing which we held on left the labor force, we know that the There was no objection. this bill from Mr. LeBlanc that some- true unemployment rate in America is Mr. HENSARLING. Mr. Chairman, I thing more like $250 million to $500 closer to 15.3 percent. would like to encourage the House to million in revenues would be appro- We know that the job engine of support the amendment from the gen- priate. I offered in committee the no- tleman from North Carolina. I believe America is small business. And every tion similar to this amendment that big business had to start out as a small it to be very straightforward, very sim- we make the cap $750 million in reve- ple, very common sense to ensure that business. nues. I respect the gentleman’s contribu- there is an inflation adjustment that is The Council of Institutional Inves- applied to the underlying bill. tion to the bill. And this is about line tors has sent a letter to our leadership drawing. I understand that. I respect b 1640 expressing the same concern about the his opinion. I know the professional billion dollar revenue number. And I I think that it’s helpful. I urge, background from which he has come. would just read from that letter and again, all Members to adopt it. But I feel like his amendment would I reserve the balance of my time. quote: take this bill in the complete opposite Mr. MCINTYRE. I yield back the bal- We note that some of the most knowledge- direction of where we need to take this ance of my time. able and active advocates for small business policy for emerging growth companies. Mr. HENSARLING. I yield back the capital formation have in the past agreed that a company with more than $250 million He used the example of Spirit Air- balance of my time. of public float generally has the resources lines. I don’t have the figure at my fin- The Acting CHAIR. The question is and infrastructure to comply with existing gertips, but I believe their market cap on the amendment offered by the gen- U.S. security regulations. was in excess of what is provided for in tleman from North Carolina (Mr. MCIN- It’s hard to know—a billion dollars in the underlying bill, so I believe, again, TYRE). revenue is an abstraction. Let me give they would not have qualified for the The amendment was agreed to. you an example. exemption in the first place. AMENDMENT NO. 3 OFFERED BY MR. HIMES I have a list of the IPOs that have oc- But we want to provide this on-ramp The Acting CHAIR. It is now in order curred in the last couple of years. Cur- for emerging growth companies, so, to consider amendment No. 3 printed in rently, what I think of as a fine com- again, we can find tomorrow’s Google, House Report 112–409. pany, Spirit Airlines, with some $800 we can find tomorrow’s Apple. And yes, Mr. HIMES. Mr. Chairman, I have an million in revenues, would qualify as this is drawing some lines in the sand, amendment at the desk. an emerging growth company. They but it’s clearly not a line that seems to The Acting CHAIR. The Clerk will went public in May of 2011. be of great concern to the President. designate the amendment. Spirit Airlines is an established air- We all know that the White House The text of the amendment is as fol- line with 2,400 employees. They clearly issues the Statement of Administra- lows: are a company that has the capability tion Policy, and when they have con- Page 2, line 11, strike ‘‘$1,000,000,000’’ and to comply with the full array of protec- cerns about provisions in a piece of leg- insert ‘‘$750,000,000’’. tions that are there for investors and islation, they have never been shy or Page 2, line 18, strike ‘‘$1,000,000,000’’ and reticent to share that with us. As I insert ‘‘$750,000,000’’. others. And I would note that the let- Page 2, line 18, add ‘‘or’’ at the end. ter that I read from, of course, is from read the Statement of Administration Page 3, line 5, strike ‘‘; or’’ and insert a pe- the association that is there to advo- Policy, the President doesn’t seem to riod. cate on behalf of our investors. have a problem with where that line Page 3, strike lines 6 through 9. So, Mr. Chairman, my amendment is has been drawn. Page 3, line 20, strike ‘‘$1,000,000,000’’ and common sense. It’s supported by the I would also point out that the com- insert ‘‘$750,000,000’’. hearing that we had. It’s supported by panion legislation on the Senate side, Page 4, line 3, strike ‘‘$1,000,000,000’’ and in- sert ‘‘$750,000,000’’. the Council of Institutional Investors. S. 1933, introduced by Senator SCHUMER Page 4, line 3, add ‘‘or’’ at the end. It is common sense, dare I use that of New York, Democrat, also has a Page 4, line 8, strike ‘‘; or’’ and insert a pe- phrase, and, therefore, would urge gross revenue test of $1 billion. And so riod. adoption so that we get this definition it appears that the President supports Page 4, strike lines 9 through 12. right. this. Senator SCHUMER supports this. The Acting CHAIR. Pursuant to It’s a great bill. It is good that we are This is bipartisan support for this $1 House Resolution 572, the gentleman making it easier for small and emerg- billion figure. I think at this particular from Connecticut (Mr. HIMES) and a ing companies to go public and to not time in our Nation’s history the Amer- Member opposed each will control 5 bear the full burden of the protections ican people demand we err on the side minutes. that are out there, but we should get of creating jobs and economic growth.

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.078 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1251 So, again, I respect the gentleman for emerging growth companies in the un- Page 4, line 9, strike ‘‘(C)’’ and insert his amendment, but I would urge that derlying bill were recommended by the ‘‘(D)’’. it be rejected. nonpartisan IPO task force comprised The Acting CHAIR. Pursuant to I reserve the balance of my time. of industry experts, such as venture House Resolution 572, the gentlewoman Mr. HIMES. Mr. Chair, I yield 1 capitalists, public investors, entre- from Texas (Ms. JACKSON LEE) and a minute to the gentleman from Massa- preneurs, investment bankers, account- Member opposed each will control 5 chusetts (Mr. CAPUANO). ants, professors, securities attorneys, minutes. Mr. CAPUANO. Mr. Chairman, I and the exchanges. The Chair recognizes the gentle- thank the gentleman for yielding. If we strike the public float require- woman from Texas. I believe the gentleman from Con- ments, we break this provision’s ties to Ms. JACKSON LEE of Texas. Let me necticut has made the salient points, an already defined SEC threshold. acknowledge, first of all, the combined but I do want to point out that this Seven hundred million in public float efforts that have generated this ap- ‘‘radical’’ amendment, under current is the threshold for a company to be proach to putting Americans back to law, and current regulation, approxi- considered ‘‘a large accelerated’’ filer work. Let me acknowledge the man- mately 60 percent of all businesses are under SEC rules. This number is used ager that is on the floor, Congress- already exempt. They’re exempted pur- by the SEC to define a mature com- woman WATERS, for her enormous lead- suant to a law that we passed in 2003, pany, meaning that the company will ership on many of these issues, as well Sarbanes-Oxley, which was a bipartisan be able to handle complying with a va- as the ranking member of the full com- bill. Sarbanes, Oxley. Bipartisan. riety of SEC regulations on day one of mittee; Mr. FRANK, who certainly has All this ‘‘radical’’ amendment does is its IPO. served and exercised his willingness to simply say that we’re going up from 60 The $1 billion threshold in the bill deal with questions of these markets; percent to allow 80 percent of the busi- serves as a backstop to the SEC’s defi- and, of course, my friend from Texas nesses to be exempted from these pro- nition of an accelerated filer. who is managing this and is, again, I visions. Now, I don’t think that’s rad- In addition, lowering the revenue hope working with us in a bipartisan ical by any definition. I think that’s thresholds would increase IPO costs for way on some very serious matters. reasonable. The truth is I have some more companies and make the IPO Again, let me emphasize that the hesitancies even at these numbers, but path less attractive than merger and most effective way to reduce our def- I do believe that it’s worth trying be- acquisition transactions. More mergers icit is to put Americans back to work. cause it’s worth taking a shot to see if and less IPOs would mean less job cre- My amendment in this legislation some relief will help. ation here at home as a result of inno- deals with acknowledging that the At the same time, it is not a wise vative companies being absorbed by emerging companies under this legisla- provision to take a complete step back- larger purchasers, including non-U.S. tion—provides for 5 years from the date wards and say to investors that you’re companies. of the EGC’s initial public offering; 2, going to go in blind, you’re going to be Therefore, I appreciate the gentle- the date an EGC has $1 billion in an- exempted from audits. This bill doesn’t man’s position and understand his nual growth; and then the date the do that. I don’t think that’s the intent. wanting to go in this direction, but we EGC becomes ‘‘a large accelerated The Acting CHAIR. The time of the cannot support this amendment. filer,’’ which is defined by the Securi- gentleman has expired. The Acting CHAIR. The gentleman ties and Exchange; a number of provi- Mr. HIMES. I yield an additional 30 sions to, in essence, help small busi- seconds to the gentleman from Massa- from Texas has 15 seconds remaining. Mr. HENSARLING. I yield back the nesses. This is an important principle. chusetts. balance of my time. But my amendment adds a requirement Mr. CAPUANO. I don’t think that’s that a company would not be consid- the intent. I actually think this bill The Acting CHAIR. The question is on the amendment offered by the gen- ered an emerging growth company, an has an underlying good purpose, and I’d EGC, if it has issued more than $1 bil- like to be able to support it. But I tleman from Connecticut (Mr. HIMES). The question was taken; and the Act- lion in nonconvertible debt over the think that the bill goes too far, par- prior 3 years. ticularly in this provision. ing Chair announced that the noes ap- peared to have it. Let me suggest that we are doing By going from 60 percent to 80 per- better than many of us might think. cent in one fell swoop, I think the risks Mr. HIMES. Mr. Chairman, I demand a recorded vote. Many aspects of this bill, for example, are too high, having gone through the will help community banks, which will problems of the early 2000s, the prob- The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further pro- help other small businesses. But if we lems of 2008, and the potential prob- look to the economy as we speak, the lems that are lurking there every sin- ceedings on the amendment offered by the gentleman from Connecticut will private sector unemployment has gle day. grown for 23 straight months, the econ- A little extra transparency on behalf be postponed. omy has grown for 10 straight quarters, of investors is not a bad thing when AMENDMENT NO. 4 OFFERED BY MS. JACKSON overall business investment is going we’re only talking a handful of the LEE OF TEXAS up, corporate profits are up, as are in- largest corporations in the country. The Acting CHAIR. It is now in order to consider amendment No. 4 printed in vestments in equipment and software, b 1650 House Report 112–409. and exports have been a source of Mr. HENSARLING. I continue to re- Ms. JACKSON LEE of Texas. I have growth. serve the balance of my time. an amendment at the desk. But emerging growth of small busi- The Acting CHAIR. The gentleman The Acting CHAIR. The Clerk will nesses needs the extra push, because from Texas has 2 minutes remaining. designate the amendment. when you think of the backbone of The gentleman from Connecticut’s The text of the amendment is as fol- America, you think of small busi- time has expired. lows: nesses. As a matter of fact, it is not un- common for a company to be financed Mr. HENSARLING. If the time of the Page 3, line 5, strike ‘‘or’’. gentleman from Connecticut has ex- Page 3, after line 5, insert the following: with debt as opposed to equity, and pired, in that case, Mr. Chairman, I ‘‘(C) the date on which such issuer has, that while $1 billion is not what it used will yield the remainder of the time to during the previous 3-year period, issued to be, it is still a pretty substantial the gentleman from Tennessee (Mr. more than $1,000,000,000 in non-convertible sum of money. FINCHER). debt; or’’. So what I am saying is I want to help Mr. FINCHER. I want to be clear: Page 3, line 6, strike ‘‘(C)’’ and insert small businesses, but I also want to en- This bill is about new companies, not ‘‘(D)’’. sure that we do not expand this legisla- Page 4, line 8, strike ‘‘or’’. tion where it is not actually helping existing companies, but about new Page 4, after line 8, insert the following: companies that are wanting to go pub- ‘‘(C) the date on which such issuer has, those smaller emergent growth compa- lic. during the previous 3-year period, issued nies that truly are in need. For years, The $1 billion revenue and $700 mil- more than $1,000,000,000 in non-convertible both Wall Street and big banks lacked lion in public float thresholds for debt; or’’. the requisite government and oversight

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.082 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1252 CONGRESSIONAL RECORD — HOUSE March 7, 2012 accountability, and I believe that it is Mr. HENSARLING. Is the gentlelady nesses, a drop in housing prices, and wiped important to ensure continued over- yielding? out personal savings. sight but continued help for these par- Ms. JACKSON LEE of Texas. I’m We must restore responsibility and account- ticular companies. hoping for a good bipartisan effort ability in our financial system to give Ameri- With that, I’d ask my colleagues to here, but I am yielding to the gen- cans confidence that there is a system in support this amendment, and I reserve tleman. place that works for and protects them. We the balance of my time. Mr. HENSARLING. Yes, the gentle- must create a sound foundation to grow the Mr. HENSARLING. I claim time in lady was very perceptive in her hear- economy and create jobs. opposition. ing. I was contemplating the answers To wit—this debt financing might be tax de- The Acting CHAIR. The gentleman that the gentlelady gave. At this time, ductible, whereas the equity financing typically from Texas is recognized for 5 minutes. I do not intend to oppose the amend- is not—which gives debt financing a distinct Mr. HENSARLING. I’m not, frankly, ment. advantage. certain I’m in opposition to the gentle- Ms. JACKSON LEE of Texas. The H.R. 3606 encourages emerging growth lady’s amendment, and I appreciate her gentleman is very kind. companies (EGCs) to access the public capital bringing it to the floor. So let me just say, as my leader on markets by temporarily exempting EGCs from If she would yield for a question, I’m the floor was trying to get an inquiry some registration procedures, prohibitions on just trying to understand the purpose about it—and you always take a gift initial public offering (IPO) communications, of her amendment, and what is the de- quickly and you say ‘‘thank you’’—I and independent audits of internal controls ficiency in the underlying bill that she think that this will add to the con- over financial reporting, among other exemp- seeks to address with this amendment fidence of this legislation. tions. would be that question. And as I indicated, though this is not I encourage my colleagues to vote for this I would be happy to yield to the gen- specifically to this point, I want to amendment to H.R. 3606 that adds a require- tlelady. make sure that we’re helping commu- ment that a company not be considered to be Ms. JACKSON LEE of Texas. I thank nity banks provide more lending and as an ‘‘emerging growth company,’’ if it has the gentleman. access to small businesses. I want to issued more than $1 billion in non-convertible Mr. HENSARLING. I’m inquiring as make sure that we, under the defini- debt over the prior three years. to the perceived deficiency in the un- tion of this bill, help emerging growth Mr. Chair, let’s continue to protect the in- derlying bill that you seek to address companies, as well, be stronger and, as vesting public. with your amendment, and I would be well, to be part of the creation of jobs I yield back the balance of my time. happy to yield to my friend from putting Americans back to work. Mr. HENSARLING. I yield back the Texas. With that, I ask my colleagues to balance of my time. Ms. JACKSON LEE of Texas. I like support the Jackson Lee amendment. b 1700 the concept of emerging growth, and I Mr. Chair, I rise today to offer my amend- The Acting CHAIR. The question is think the concept is to build these ment No. 4 to H.R. 3606 ‘‘The Reopening on the amendment offered by the gen- businesses up, to give them greater op- American Capital Markets to Emerging Growth tlewoman from Texas (Ms. JACKSON portunities. What I am suggesting is Companies Act of 2011.’’ My amendment LEE). that, the amendment suggests that if would create a five-year ‘‘on-ramp’’ for smaller The amendment was agreed to. you have issued more than a billion companies to comply with certain provisions of AMENDMENT NO. 5 OFFERED BY MR. ELLISON dollars, you have grown sufficiently to Sarbanes-Oxley and Dodd-Frank. The Acting CHAIR. It is now in order have an additional standard or a dif- In the bill, Emerging Growth Companies are to consider amendment No. 5 printed in ferent standard. This particular exempted from certain regulatory requirements House Report 112–409. amendment suggests that we have a until the earliest of three dates: (1) five years Mr. ELLISON. I have an amendment framework for emerging growth. from the date of the EGC’s initial public offer- at the desk. Mr. HENSARLING. I have one other ing; (2) the date an EGC has $1 billion in an- The Acting CHAIR. The Clerk will question for the gentlelady. nual gross revenue; or (3) the date an EGC designate the amendment. On the 3-year period, I’m just curious becomes a ‘‘large accelerated filer, which is The text of the amendment is as fol- as to the thought or purpose behind defined by the Securities and Exchange Com- lows: that particular selection of a 3-year pe- mission (SEC) as a company that has a world- Page 5, strike line 7 and all that follows riod. wide public float of $700 million or more. through page 6, line 13 (and redesignate suc- I’d be once again be happy to yield to H.R. 3606 thus provides temporary regu- ceeding paragraphs accordingly). my friend, the gentlelady from Texas. latory relief to small companies, which encour- The Acting CHAIR. Pursuant to Ms. JACKSON LEE of Texas. I’d tell ages them to go public, yet ensures their House Resolution 572, the gentleman my good friend, it is not 3 years. eventual compliance with regulatory require- from Minnesota (Mr. ELLISON) and a I thought that was an appropriate ments as they grow larger. Member opposed each will control 5 framework for a billion dollars. If you I agree in principle that it is important to minutes. spread it out over a period of time, modernize and improve the ability of a com- The Chair recognizes the gentleman that’s $300 million to $400 million a pany to raise capital in today’s environment, from Minnesota. year. but I am concerned H.R. 3606 goes beyond Mr. ELLISON. Mr. Chair, this amend- Let me just say that I think the con- what is necessary at the expense of protecting ment is very simple. We brought this cept is so important, to my friend from the investor. up in committee. I would like the Texas, that a friendly modification My amendment adds a requirement that a whole body to be able to get a chance would be welcomed in the timeframe. company would NOT be considered an to have their say on Say on Pay. Say But I think the billion dollars is an ap- ‘‘emerging growth company’’ (EGC) if it has on Pay is a good, commonsense thing propriate standard, if you will, for try- issued more than $1 billion in non-convertible that empowers investors. It allows ing to ensure that we really do boost debt over the prior three years. shareholders and companies to be able and give latitude to emerging growth As a matter of fact, it is not uncommon for to say, Do I believe that the CEO pay companies. a company to be financed with debt as op- in this company is too high? Mr. HENSARLING. I thank the gen- posed to equity, and that while $1 billion dol- Companies are not exercising the tlelady for her responses. lars is not what it used to be—-it is still a pret- right to approve or to have a non- I reserve the balance of my time. ty substantial sum of money. Frankly, Mr. binding vote on pay. As a matter of Ms. JACKSON LEE of Texas. Let me Chair, a company that size needs to have fact, Nabors Industries announced that just conclude my remarks, and if I some oversight to protect the public. its former CEO agreed to waive a $100 might, let me yield to the gentleman, For years, both Wall Street and big banks million termination payment, and that because I did not hear him clearly. Let lacked the requisite government oversight and was regarded as a rare win for share- me yield to the gentleman from Texas. accountability. Relying on Wall Street and big holders. In light of this, I would like to I’d like to raise the question, I did banks to police themselves resulted in the submit for the RECORD and for the pur- not hear your support or opposition to worst financial crisis since the Great Depres- pose of this debate, an article entitled, this initiative. sion, the loss of 8 million jobs, failed busi- ‘‘A Rare Win for Say on Pay.’’

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.085 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1253 Now, this is a bill that I would like have been sued by shareholders, Littenberg is committed to protecting the retirement to support. I think it’s a good idea. The says. savings of millions of American workers. fact of the matter is—Mr. Chair, you But investors aren’t taking as much ad- With that commitment in mind, and in an- vantage of this new power as some had hoped ticipation of the upcoming vote on the would be shocked to know—that we ac- (or feared). Last year (the first with the new ‘‘Jumpstart Our Business Startups (JOBS) tually, I think, passed this bill out of say on pay rule in place), shareholders voted Act,’’ we would like to share with you some our committee without any dissenting down pay policies at only 36 companies in of our deep concerns about Title I of the pro- votes. the Russell 3000, or 1.6%, although roughly posed legislation. The issue remains that there are a another 350 companies saw their policies pass Our questions and concerns about Title I lot of advantages to this bill. It re- with low enough votes that they’d be consid- are grounded in the Council’s membership lieves the emerging growth companies ered at risk for a ‘‘no’’ vote in the future, approved corporate governance best prac- of the pretty hefty burden of com- Littenberg says. tices. Those policies explicitly reflect our Nabors is one of the few companies that members’ view that all companies, including plying with 404(b) of Sarbanes-Oxley. It has suffered a ‘‘no’’ vote on its pay practices, ‘‘companies in the process of going public allows them to escape the obligation of according to Governance Metrics Inter- should practice good corporate governance.’’ providing 3 years of audited financial national, an independent research firm. ‘‘We Thus, we respectfully request that you con- statements. Although I think they’re have long rated Nabors poorly, because of sider changes to, or removal of, the following good for our system with regard to con- concerns over poor compensation practices,’’ provisions of Title I: trols, these things are costly and do including ‘‘a bonus formula rarely seen in DEFINITIONS take a toll. modern practice with no measure against a We question the appropriateness of the Do you know what, Mr. Chair? Say peer group,’’ says Greg Ruel, a research asso- qualities defining the term ‘‘emerging on Pay is not costly, and it’s not bur- ciate with GMI. growth company’’ (EGC) as set forth in Sec. Many companies that see ‘‘no’’ votes or 101(a) and 101(b). densome. It empowers investors and worryingly low ‘‘yes’’ votes do make some As you are aware, under Sec. 101(a) and makes them more engaged and gives changes, but they don’t always change the 101(b), a company would qualify for special them greater reason to be plugged into actual pay policy, Littenberg says. Some status for up to five years, so long as it has what the company is doing. companies might try to better explain how less than $1 billion in annual revenues and I have a letter from the Council of In- pay is determined, or simply sit down with not more than $700 million in public float stitutional Investors that I would also institutional shareholders to figure out following its initial public offering (IPO). what’s most important to investors, he says. like to submit for the RECORD. They The Council is concerned that those thresh- are concerned about this section that Of course, individual shareholders aren’t olds may be too high in establishing an ap- privy to those conversations. propriate balance between facilitating cap- would waive Say on Pay because it All observers agree that Isenberg had long ital formation and protecting investors. would effectively limit the share- enjoyed an unusually lavish compensation For example, we note that some of the holders’ ability to voice their concerns package. He was ‘‘extraordinarily well paid,’’ most knowledgeable and active advocates for about executive compensation pack- in part because of an unusual compensation small business capital formation have in the ages. plan that was put in place back in 1987, when past agreed that a company with more than [From Real-Time Advice, Feb. 6, 2012] he took on the CEO role to lead the company $250 million of public float generally has the out of bankruptcy, Ellis says. His contract resources and infrastructure to comply with A RARE WIN FOR SAY ON PAY with the company entitled him to a cash existing U.S. securities regulations. We, (By Sarah Morgan) bonus of 10% of any amount of the com- therefore, urge you to reevaluate the basis NABORS INDUSTRIES’ (NBR) announce- pany’s cash flow that exceeded 10% of aver- for the proposed thresholds defining an EGC. ment that its former CEO agreed to waive a age shareholder equity. This arrangement DISCLOSURE OBLIGATIONS $100 million termination payment was a rare made his pay work more like a hedge fund We have concerns about Sec. 102(a)(1) be- win for shareholders, who experts say often manager’s than like a typical CEO’s, cause it would effectively limit shareowners’ gripe about excessive compensation but rare- Morningstar’s Ellis says. ability to voice their concerns about execu- ly act. Since the current CEO, Tony Petrello, tive compensation practices. Under pressure from shareholders, who took over, the company has taken some More specifically, Sec. 102(a)(1) would re- voted against Nabors’ pay packages and di- other steps that show it’s responding to voke the right of shareowners, as owners of rectors in a recent proxy voting, the oil drill- widespread shareholder anger over pay prac- an EGC, to express their opinion collectively ing company said this morning that former tices, Ellis says. They’re now going to allow on the appropriateness of executive pay CEO Eugene Isenberg will waive the huge their board of directors to be elected by a packages and severance agreements. payout. Instead, his estate will receive a majority instead of a plurality, making it The Council’s longstanding policy on advi- payment of $6.6 million plus interest upon easier for shareholders to vote out directors sory shareowner votes on executive com- his death. ‘‘Isenberg has more than enough they’re not happy with, and hold annual pensation calls on all companies to ‘‘provide money. So having him defer this $100 million ‘‘say-on-pay’’ votes. However, Petrello is annually for advisory shareowner votes on is a good thing for shareholders,’’ says Ste- still being paid in a similar hedge-fund-like the compensation of senior executives.’’ The phen Ellis, a Morningstar equity analyst. fashion, getting a percentage of cash flow Investors Working Group echoed the Coun- In recent years, compensation has become above a certain benchmark, and while the re- cil’s position in its July 2009 report entitled a lightning rod for criticism from investor cent shareholder-friendly moves are good U.S. Financial Regulatory Reform: The In- advocates, who say poorly designed pay poli- signs, it would certainly be better for inves- vestors’ Perspective. cies often give executives the wrong incen- tors if the company got rid of this unusual Advisory shareowner votes on executive tives. Instead, shareholders want to see man- pay policy, Ellis says. compensation and golden parachutes effi- agement paid for performance, says Jesse A spokesman for the company said that ciently and effectively encourage dialogue Fried, a professor of law at Harvard Univer- Isenberg, who holds more than 8 million between boards and shareowners about pay sity. Nabors’ $100 million payment was a per- shares of Nabors, decided that waiving the concerns and support a culture of perform- fect example of ‘‘pay for failure,’’ he says. payment was best for his fellow share- ance, transparency and accountability in ex- ‘‘There’s a lot of things that are wrong with holders, and that the company views the de- ecutive compensation. Moreover, compensa- pay practices in the United States, but this cision as ‘‘positive,’’ but declined to com- tion committees looking to actively rein in was particularly egregious, so it’s not sur- ment on whether any other changes would be executive compensation can utilize the re- prising it drew shareholder anger,’’ he says. made to pay policies in the future. sults of advisory shareowner votes to defend This case also proves that shareholder out- against excessively demanding officers or rage has an impact: Boards pay attention, COUNCIL OF INSTITUTIONAL compensation consultants. and companies do change their policies, INVESTORS, The 2011 proxy season has demonstrated Fried says. ‘‘Pressure matters, and investors March 7, 2012. the benefits of nonbinding shareowner votes shouldn’t feel shy about applying it,’’ he Hon. JOHN BOEHNER, on pay. As described in Say on Pay: Identi- says. Speaker, House of Representatives, Washington, fying Investors Concerns: Thanks to the Dodd-Frank financial re- DC. Compensation committees and boards have form bill, and to the recession, investors are Hon. NANCY PELOSI Minority Leader, House become much more thoughtful about their now paying more attention than ever to of Representatives, executive pay programs and pay decisions. compensation issues, says Michael Washington, DC. Companies and boards in particular are ar- Littenberg, a partner at Schulte Roth & DEAR SPEAKER BOEHNER AND MINORITY ticulating the rationale for these decisions Zabel LLP who focuses on corporate govern- LEADER PELOSI: As a nonprofit, nonpartisan much better than in the past. Some of the ance issues. The Dodd-Frank bill required association of public, corporate and union most egregious practices have already waned annual (though non-binding) say on pay pension plans, and other employee benefit considerably, and may even disappear en- votes, and companies do take those votes funds, foundations and endowments with tirely. very seriously, because a few companies combined assets that exceed $3 trillion, the As the U.S. House of Representatives delib- whose pay policies haven’t passed muster Council of Institutional Investors (Council) erates the appropriateness of

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.088 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1254 CONGRESSIONAL RECORD — HOUSE March 7, 2012 disenfranchising certain shareowners from cising their own expert judgment, after a empts most public companies, including all the right to express their views on a com- thorough public due process in which the smaller companies, from the requirements of pany’s executive compensation package, we views of investors and other interested par- Section 404(b). We also note that Section respectfully request that the following fac- ties are solicited and carefully considered, in 989G(b) of Dodd-Frank required the SEC to tors be considered: determining the appropriate effective date conduct a study on ‘‘how the Commission 1. Companies are not required to change for new or revised accounting standards ap- could reduce the burden of complying with their executive compensation programs in plicable to EGCs. section 404(b) . . . while maintaining inves- response to the outcome of a say on pay or Similarly, Sec. 104 would prohibit the inde- tor protections . . . golden parachutes vote. Securities and Ex- pendent private sector Public Company Ac- The SEC study, issued April 2011, revealed change Commission (SEC) rules simply re- counting Oversight Board from exercising that (1) there is strong evidence that the pro- quire that companies discuss how the vote their own expert judgment, after a thorough visions of Section 404(b) ‘‘improves the reli- results affected their executive compensa- public due process in which the view of in- ability of internal control disclosures and fi- tion decisions. vestors and other interested parties are so- nancial reporting overall and is useful to in- 2. The SEC approved a two-year deferral licited and carefully considered, in deter- vestors,’’ and (2) that the ‘‘evidence does not for the say on pay rule for smaller U.S. com- mining improvements to certain standards suggest that granting an exemption [from panies. As a result, companies with less than applicable to the audits of EGCs. Section 404(b)] . . . would, by itself, encour- $75 million in market capitalization do not The Council’s membership ‘‘has consist- age companies in the United States or have to comply with the rule until 2013, thus ently supported the view that the responsi- abroad to list their IPOs in the United the rule’s impact on IPO activity is presum- bility to promulgate accounting and audit- States.’’ Finally, and importantly, the study ably unknown. We, therefore, question ing standards should reside with independent recommends explicitly against—what Sec. whether there is a basis for the claim by private sector organizations.’’ Thus, the 103 attempts to achieve—a further expansion some that advisory votes on pay and golden Council opposes legislative provisions like of the Section 404(b) exemption. parachutes are an impediment to capital for- Sec. 102(b)(2) and Sec. 104 that override or AVAILABILITY OF INFORMATION ABOUT mation or job creation. unduly interfere with the technical decisions EMERGING GROWTH COMPANIES We also have concerns about Sec. 102(a)(2) and judgments (including the timing of the Finally, we have concerns about Sec. 105 because it would potentially reduce the abil- implementation of standards) of private sec- because it appears to potentially create con- ity of investors to evaluate the appropriate- tor standard setters. flicts of interest for financial analysts. ness of executive compensation. A 2010 joint letter by the Council, the More specifically, we agree with the U.S. More specifically, Sec. 102(a)(2) would ex- American Institute of Certified Public Ac- Chamber of Commerce that the provisions of empt an EGC from Sec. 14(i) of the Securities countants, the Center for Audit Quality, the Sec. 105 as drafted ‘‘may be a blurring of Exchange Act of 1934, which would require a CFA Institute, the Financial Executives boundaries that could create potential con- company to include in its proxy statement International, the Investment Company In- flicts of interests between the research and information that shows the relationship be- stitute, and the U.S. Chamber of Commerce investment components of broker-dealers.’’ tween executive compensation actually paid explains, in part, the basis for the Council’s The Council membership supports the provi- and the financial performance of the issuer. strong support for the independence of pri- sions of Section 501 of SOX and the Global We note that the SEC has yet to issue pro- vate sector standard setters: Research Analyst Settlement. Those provi- posed rules relating to the disclosure of pay We believe that interim and annual au- sions bolstered the transparency, independ- versus performance required by Sec. 14(i). As dited financial statements provide investors ence, oversight and accountability of re- a result, no public companies are currently and companies with information that is vital search analysts. required to provide the disclosure. We, there- to making investment and business deci- While the Council welcomes further exam- fore, again question whether a disclosure sions. The accounting standards underlying ination of issues, including potential new that has not yet even been proposed for pub- such financial statements derive their legit- rules, relating to research analysts as gate- lic comment is impeding capital formation imacy from the confidence that they are es- keepers, it generally does not support legis- or job creation. tablished, interpreted and, when necessary, lative provisions like Sec. 105 that would ap- Our membership approved policies empha- modified based on independent, objective pear to weaken the aforementioned investor size that executive compensation is one of considerations that focus on the needs and protections. the most critical and visible aspects of a demands of investors—the primary users of The Council respectfully requests that you company’s governance. Executive pay deci- financial statements. We believe that in carefully consider our questions and con- sions are one of the most direct ways for order for investors, businesses and other cerns about the provisions of the JOBS Act. shareowners to assess the performance of the users to maintain this confidence, the proc- If you should have any questions or require board and the compensation committee. ess by which accounting standards are devel- any additional information about the Coun- The Council endorses reasonable, appro- oped must be free—both in fact and appear- cil or the contents of this letter, please feel priately structured pay-for-performance pro- ance—of outside influences that inappropri- free to contact me at 202.261.7081 or grams that reward executives for sustain- ately benefit any particular participant or [email protected], or Senior Analyst Laurel able, superior performance over the long- group of participants in the financial report- Leitner at 202.658.9431 or [email protected]. term. It is the job of the board of directors ing system to the detriment of investors, Sincerely, and the compensation committee to ensure business and the capital markets. We believe JEFF MAHONEY, that executive compensation programs are political influences that dictate one par- General Counsel. effective, reasonable and rational with re- ticular outcome for an accounting standard spect to critical factors such as company without the benefit of public due process With that, Mr. Chair, as I have with performance. that considers the views of investors and me today Members who want to offer Transparency of executive compensation is other stakeholders would have adverse im- some remarks in support, I will inquire a primary concern of Council members. All pacts on investor confidence and the quality as to how much time I have remaining. aspects of executive compensation, including of financial reporting, which are of critical The Acting CHAIR. The gentleman all information necessary for shareowners to importance to the successful operation of the has 21⁄2 minutes remaining. understand how and how much executives U.S. capital markets. Mr. ELLISON. I reserve the balance are paid should be clearly, comprehensively INTERNAL CONTROLS AUDIT of my time. and promptly disclosed in plain English in We have concerns about Sec. 103 because Mr. HENSARLING. I rise in opposi- the annual proxy statement. that provision would, in our view, unwisely Transparency of executive pay enables tion to the amendment. expand the existing exemption for most pub- shareowners to evaluate the performance of The Acting CHAIR. The gentleman lic companies from the requirement to have the compensation committee and the board from Texas is recognized for 5 minutes. effective internal controls. in setting executive pay, to assess pay-for- Mr. HENSARLING. Mr. Chairman, More specifically, Sec. 103 would exempt performance links and to optimize their role again, when we add in those who want an EGC from the requirements of Section in overseeing executive compensation 404(b) of the Sarbanes-Oxley Act of 2002 full-time work and yet have part-time through such means as proxy voting. It is, (SOX). That section requires an independent work, those who have given up and after all, shareowners, not executives, whose audit of a company’s assessment of its inter- have left the labor force, those who money is at risk. nal controls as a component of its financial have been unemployed for weeks and ACCOUNTING AND AUDITING STANDARDS statement audit. months on end, we know that the true We have concerns about Sec. 102(b)(2) and The Council has long been a proponent of unemployment rate in America is, re- Sec. 104 because those provisions would ef- Section 404 of SOX. We believe that effective grettably, close to 15.3 percent. fectively impair the independence of private internal controls are critical to ensuring in- Jobs is the number one concern, jobs sector accounting and auditing standard set- vestors receive reliable financial information ting, respectively. from public companies. and the economic growth of the Amer- More specifically, Sec. 102(b)(2) would pro- We note that Section 989G(a) of the Dodd- ican people, and it has to be our num- hibit the independent private sector Finan- Frank Wall Street Reform and Consumer ber one concern as well. And as ever cial Accounting Standards Board from exer- Protection Act (Dodd-Frank) already ex- well-intentioned as the gentleman

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.052 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1255 from Minnesota’s amendment is, it is company, the shareholders, the ability during the on-ramp period. They would not one particular regulatory burden; to have a nonbinding vote on the pay of still disclose compensation arrange- it is the cumulative impact of them all their CEO? By the way, if they choose ments to shareholders in the same way that is inhibiting job growth in Amer- to pay the CEO a gazillion dollars, that the SEC requires for smaller re- ica today. that’s fine. It’s their money. They can porting companies, we think, forcing Anytime I talk to small business peo- do what they want with it. If, however, shareholder votes on internal issues ple in the Fifth District of Texas, they choose to cut the CEO’s salary, such as compensation levels, risk, un- which I have the honor and privilege of maybe they could use some of that dermining the emerging growth compa- representing, and whether I’m talking money to actually create more jobs. nies’ ability to exercise independent to small business people or, frankly, to This amendment doesn’t affect the judgment on behalf of all the corpora- Fortune 50 CEOs, this is what they tell creation of one job. It simply recog- tion’s shareholders. The bottom line me: it is the government red tape. Now, nizes the fact that shareholders own here is that we must spare emerging it doesn’t mean all regulation is bad, the company. They should be able to growth companies from the costly liti- but we have to look at the cumulative decide how to spend their money. Some gation that could result if an emerging impact, particularly in the midst of people have not liked this provision growth company’s board of directors what our constituents view as a crisis. since it was adopted. This is simply an reject or refuse to abide by the results John Mackey, cofounder and CEO of opportunity to take a bite out of some- of the shareholder vote. Whole Foods Market: thing they’ve never liked. It has no ef- I would just remind all of my col- In some cases, regulations have gone too fect whatsoever on the creation of a leagues the President is supporting far, and it really makes it difficult for small job. And I would dare say to empower this jobs bill. We think this is some- businesses. There’s too much bureaucracy the shareholders might actually free up thing that will really, really put Amer- and red tape. Taxes on businesses are very some corporate money in order to hire icans back to work. high. So we’re not creating the enabling con- one or two more people. The Acting CHAIR. The gentleman ditions that allow businesses to get started. Mr. HENSARLING. Mr. Chairman, from Minnesota has 30 seconds remain- Again, on a bipartisan piece of legis- how much time remains on both sides, ing, and the gentleman from Texas has lation that is supported by the Presi- please? 15 seconds remaining. dent of the United States, most of the The Acting CHAIR. Both sides have Mr. ELLISON. Mr. Speaker, we are provisions have been overwhelmingly 11⁄2 minutes remaining. talking about a vote once a year, prob- supported either on the House floor or Mr. HENSARLING. I continue to re- ably at the annual meeting, probably in the Financial Services Committee. serve the balance of my time. take a sum total of a few seconds; and Regrettably, the gentleman from Min- Mr. ELLISON. I yield 1 minute to the my friends on the other side of the nesota’s amendment takes a huge step gentleman from Massachusetts, Mr. aisle don’t want to at least agree to backwards and makes it more difficult STEPHEN LYNCH. this small thing that empowers inves- for these emerging growth companies Mr. LYNCH. I want to thank the gen- tors and shareholders and puts them in to get started. tleman for yielding. the position to be good stewards of the Now, I understand his particular con- The gentleman from Minnesota has a company that they own. cern on Say on Pay, but I would note very good amendment here. Here is Now, you would think that we could that emerging growth companies still what we’re talking about. come together on something like this; have to disclose their executive com- This would strengthen title I by but when you want to stand up for the pensation arrangements to share- keeping in place the requirement that highest, most grotesque and egregious holders in their SEC filings in the same all public companies, including emerg- executive pay imaginable, then, of way that the SEC requires for smaller ing growth companies, hold a non- course, you’re going to say no. In 2010, reporting companies. How many votes binding shareholder vote on executive median pay for CEOs and large cor- do you want to compel shareholders to compensation and golden parachutes porations was $11 million. It’s time to take, particularly on emerging growth once every 3 years. One vote. They’re get some say on pay. companies? having a meeting anyway. These are I yield back the balance of my time. We could require votes on patent fil- the companies that we know the least Mr. HENSARLING. Mr. Chairman, ings. We could require votes on the re- about. We support the underlying bill, every single regulation imposes some tention of the accounting firm. Maybe but we think that requiring a non- type of financial burden on a company we could require it on the acquisition binding vote once every 3 years is good that cannot be used to create a job. of real estate. Perhaps shareholders for the shareholders. If this was a concern, why don’t we should be compelled to vote to ratify The question is: Will this inhibit the find it listed in the Statement of Ad- any particular union contract. Maybe operation of these emerging growth ministration Policy. It’s not a concern we should compel a vote on the IT sys- companies? No, it will not. of the President. Let’s work together I think the gentleman from Min- tem. We could go to the ridiculous. and pass this bill. nesota has a great amendment here. I yield back the balance of my time. Maybe we have to have shareholder These are the companies we know the The Acting CHAIR. The question is votes to choose between Coke and least about. They have the shortest on the amendment offered by the gen- Pepsi in the break room, or as to track records. These shareholders and tleman from Minnesota (Mr. ELLISON). whether or not the coffee is organically investors are taking a leap of faith, and The question was taken; and the Act- grown or not organically grown. What this would allow them to have a vote ing Chair announced that the noes ap- is the company logo? on the CEO salaries and also on the peared to have it. At some point, it begs the question: golden parachutes, so I ask Members to Mr. ELLISON. Mr. Chairman, I de- Are we here to stand up for shareholder support the amendment. mand a recorded vote. value or for somebody’s subjective, per- Mr. HENSARLING. Mr. Chairman, I The Acting CHAIR. Pursuant to sonal values, which I respect, but yield the balance of my time to the clause 6 of rule XVIII, further pro- which, again, can harm emerging gentleman from Tennessee (Mr. ceedings on the amendment offered by growth companies as they’re trying to FINCHER). the gentleman from Minnesota will be grow jobs and the economy. postponed. I reserve the balance of my time. b 1710 AMENDMENT NO. 6 OFFERED BY MS. WATERS Mr. ELLISON. I yield 1 minute to the Mr. FINCHER. I thank the gen- The Acting CHAIR. It is now in order gentleman from Massachusetts (Mr. tleman from Texas for yielding. to consider amendment No. 6 printed in CAPUANO). The SEC already provides smaller re- House Report 112–409. Mr. CAPUANO. I thank the gen- porting companies with an additional Ms. WATERS. Mr. Chairman, I have tleman for yielding. year to comply with executive-com- an amendment at the desk. This argument makes no sense to me. pensation disclosure and say-on-pay The Acting CHAIR. The Clerk will If we are interested in creating jobs, vote compliance. designate the amendment. how does it hurt jobs by simply allow- This bill would simply extend the ex- The text of the amendment is as fol- ing the people who actually own the tension to emerging growth companies lows:

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.089 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1256 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Page 11, line 12, strike ‘‘paragraph (10) of Secondly, the filing of a pre- or post- listing standards, FINRA codes of con- this subsection and’’. offering communication with the SEC duct, and the list goes on and on and Page 11, line 16, insert after the period the under this amendment will also hold on. following: ‘‘Any such research report pub- And so again, Mr. Chairman, to add lished or distributed by a broker or dealer companies to a higher level of legal li- that is participating or will participate in ability, ensuring their communications yet another level of liability, one that the registered offering of the securities of accurately portrayed the nature of the we are told would simply have an in- the issuer shall be filed with the Commission offering. It also allows the SEC and the credibly dampening impact on the ex- by the later of the date of the filing of such public to make sure that companies istence of these research reports, for registration statement or the date such re- aren’t inappropriately hyping their of- all intents and purposes this would port is first published or distributed. Such fering to investors. simply gut the bill. I suppose it would research report shall be deemed a prospectus Today we received communications, be an early evening in the House if we under paragraph (10).’’. Page 13, line 18, after the first period insert both from the Chamber of Commerce accepted it, but everything that Mem- the following: ‘‘Any written communication and from the Council of Institutional bers of both sides of the aisle have (as such term is defined in section 203.405 of Investors. The Council of Institutional worked for would be for naught. title 17, Code of Federal Regulations) pro- Investors simply said, ‘‘The Council Again, if this was a concern of the vided to potential investors in accordance membership supports the provisions of administration, why wasn’t it listed in with this subsection shall be filed with the section 501 of Sarbanes-Oxley and the their Statement of Administration Pol- Commission by the later of the date of the Global Research Analyst Settlement. icy where they always list their con- filing of such registration statement or the Those provisions bolstered the trans- cern? date the written communication is first en- gaged in. Such written communication shall parency, independence, oversight, and b 1720 accountability of research analysts,’’ be deemed a prospectus under section The President would like to see this and similar comments from the Cham- 2(a)(10).’’. passed. We would like to see it passed. ber of Commerce. The Acting CHAIR. Pursuant to There is bipartisan support in the Sen- House Resolution 572, the gentlewoman I would urge support for my amend- ment and for the underlying bill. We ate. from California (Ms. WATERS) and a I would urge a strong rejection of must help our small businesses to ac- Member opposed each will control 5 this amendment, and I reserve the bal- cess our capital markets, but we must minutes. ance of my time. The Chair recognizes the gentle- also mitigate against conflicts of inter- Ms. WATERS. May I inquire as to woman from California. est that would mislead investors. I be- how much time I have left. Ms. WATERS. I offer my amendment lieve my amendment strikes the right The Acting CHAIR. The gentlewoman today in the spirit of improving the un- balance. from California has 11⁄2 minutes re- derlying bill in the area of investor I reserve the balance of my time. maining. protection with regard to the provi- Mr. HENSARLING. Mr. Chairman, I Ms. WATERS. I yield the balance of sions of research provisions in title I. rise to claim time in opposition to the my time to the gentleman from Massa- First, my amendment attempts to amendment. chusetts (Mr. CAPUANO). mitigate against potentially damaging The Acting CHAIR. The gentleman Mr. CAPUANO. Mr. Chairman, I want conflicts of interest between the people from Texas is recognized for 5 minutes. to thank the gentlewoman for yielding. who will profit from an emerging Mr. HENSARLING. Mr. Chairman, I don’t know if I am going to use the growth company’s IPO and the people we’ve had a vigorous debate over some whole thing, but this must be Bizarro who write research about such IPOs. amendments that were accepted, oth- Congress because I’m about to agree This amendment provides that if a ers that we thought were unwise. with the Chamber of Commerce. I’ve broker or a dealer is underwriting an Frankly, this one, Mr. Chairman, we been listening to my colleagues on the IPO and also providing research to the believe would simply gut the entire other side claiming that they’re with public about that IPO, those research bill. You know, Mr. Chairman, you can- the President on this one. Something reports need to be filed with the SEC not sue your way into job growth. You must be wrong. and underwriters need to be held to are not going to be able to sue your The Chamber of Commerce has raised stricter liability for their comments. way into economic growth. the exact same issues that we’re rais- Second, this amendment provides This amendment takes us a huge, ing with this amendment. This amend- that if emerging growth companies are huge step in the opposite direction. ment doesn’t kill this bill. It simply communicating orally or in writing The practical impact of the amend- says if you’re going to give information with potential investors before or fol- ment from the gentlelady from Cali- to a handful of people, you have to file lowing an offering, they need to file fornia is to essentially squash any of with the SEC and you have to stand by those communications with the SEC. the reporting that would take place on that information as being legitimate During the dot-com boom of the these emerging growth companies for and honest information. That’s really 2000s, it was uncovered that certain re- imposing the prospectus level of liabil- all it says. It says it in technical search analysts were recommending ity imputed to the communications of terms, but that’s all it says. companies to the investing public be- the research reports. By the way, I guess I need to be cause their firms had an economic in- I mean, in order to get onto this IPO clear. We don’t necessarily agree with terest in the firm’s IPO, or wanting to on-ramp in order for the small growth everything the chamber says, even on get other businesses from the company. companies to access our equity mar- this amendment. They just raise the Meanwhile, those same analysts were ket, there has to be the research which same issue. And I would like to be clear telling their colleagues in internal is published. Without it, without it, the that no one has since stated it, but emails that the company’s IPOs were accredited investors will probably even the President himself would like junk. Essentially, these analysts mis- never know of the existence of the to see some amendments to this bill. I led the investing public and didn’t dis- companies in the first place. I would presume some of them will be passed in close their economic interest in hyping point out that many of the concerns the Senate; and hopefully when they the company. should have already been addressed. are, people like me will be a lot more Through a global settlement and re- Number one, all these emerging supportive when it comes back. lated rules coming from the scandal, growth companies are still liable for I just thought it was important to we cracked down on some of these con- the Global Research Analyst Settle- point out I’m not with the chamber flicts of interest. My amendment, rath- ment of 2003, which established a com- very often. When I am, I think that’s er than letting these conflicts be re- prehensive set of rules that sever the worthy of note. stored, would require that if under- link between investment banking and Mr. HENSARLING. Mr. Chair, I con- writers are also issuing reports about a research activities, section 501 of Sar- tinue to reserve the balance of my company’s IPOs, they need to file those banes-Oxley, which requires the re- time. with the SEC. Filing of materials sub- search analysts and broker-dealers to The Acting CHAIR. The gentlewoman jects underwriters to more robust li- disclose all potential conflicts of inter- from California has 15 seconds remain- ability. est, Regulation AC, stock exchange- ing.

VerDate Mar 15 2010 02:48 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.025 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1257 Ms. WATERS. Mr. Chairman, I join do that unfortunately with this amend- We want to bring companies back with Mr. CAPUANO in saying that we ment. home, and certainly we want to en- don’t normally agree with the Chamber Why so? At the end of the day, you courage investment. Private sector em- of Commerce. As a matter of fact, this will get the same protections that ployment has grown for 23 months, and may be the first time that I’ve agreed you’re looking for here, I think, in the the economy has grown for 10 straight with the Chamber of Commerce. But sense that there will be strict liability quarters. you have also the Council of Institu- imposed. Where? On the prospectus. So My amendment is to discuss the fine tional Investors that is warning us if you are the investor in this instance distinctions between those who are about this research problem that we and you’re trying to decide whether very sophisticated and those who are have unless we clear it up. you’re going to go and invest in this not. My amendment narrows the per- Mr. HENSARLING. May I inquire of new company or not, the information missible exemption to allow oral or the Chair how much time I have re- that you’ll be looking for will be written communications with potential maining. where? In the prospectus. And the investors who are qualified institu- The Acting CHAIR. The gentleman strict liability standard will be im- tional investors, but it omits accred- has 2 minutes remaining. posed at that period of time. ited investors from this exemption in Mr. HENSARLING. In that case, I You do not want to impose that li- the name of investor protection. That will yield 1 minute to the gentleman ability as you lead up to the situation is simply to say that we know that the from Arizona (Mr. SCHWEIKERT). with the other information that is accredited investors are less, if you Mr. SCHWEIKERT. I thank the gen- going out by outside research analysts. will, able with the information that tleman from Texas. With that, I will respectfully oppose they have to compete with what we First off, I actually think I have the the amendment. have classified as qualified institu- letter here from the Chamber of Com- The Acting CHAIR. The question is tional investors. merce, and I’m trying to find what has on the amendment offered by the gen- The idea of this amendment is to en- been discussed here. I thought I saw tlewoman from California (Ms. sure that an accredited investor would something come across where after 3 WATERS). not be considered a qualified investor years they were willing to look at it. The question was taken; and the Act- and therefore be taken advantage of. That would be an interesting one to ing Chair announced that the noes ap- Under the bill, the commonly known find. peared to have it. test-the-waters provision would amend This is a classic case of an amend- Ms. WATERS. Mr. Chairman, I de- the Securities Act of 1933 to expand the ment that I believe the law of unin- mand a recorded vote. range of permissible prefiling commu- tended consequences is potentially just The Acting CHAIR. Pursuant to nication to sophisticated institutional devastating. How many times around clause 6 of rule XVIII, further pro- investors to allow emerging growth here—particularly in the Financial ceedings on the amendment offered by companies to determine whether quali- Services Committee—do we have the the gentlewoman from California will fied institutional or accredited inves- discussion of what’s the best regulator? be postponed. tors might have an interest in a con- It’s information and yet you’re running AMENDMENT NO. 7 OFFERED BY MS. JACKSON templated securities offering. an amendment here that basically will LEE OF TEXAS Mine is an amendment simply being destroy information because of the li- The Acting CHAIR. It is now in order concerned about the accredited inves- ability. That liability will make it so to consider amendment No. 7 printed in tors and whether or not there is the you’re not going to do the research, House Report 112–409. equal playing field alongside of the you’re not going to cover the stock. If Ms. JACKSON LEE of Texas. Mr. qualified institutional investors, which you read the amendment, I fear it may Chairman, I have an amendment at the you would expect would have far more be too broad. Does it cover someone desk. sophistication in making determina- that does a detailed investment news- The Acting CHAIR. The Clerk will tions about investments. It is simply letter? What level does it ultimately designate the amendment. an effort to provide extra protection cover? The text of the amendment is as fol- for those who will now be out in the Mr. Chairman, I believe the law of lows: marketplace under these emerging unintended consequences here is very Page 13, line 10, strike ‘‘or institutions growth concepts. dangerous. that are accredited investors’’. I ask my colleagues to support this Mr. HENSARLING. I yield the bal- Page 13, line 11, strike ‘‘terms are respec- amendment, and I reserve the balance ance of my time to the gentleman from tively’’ and insert ‘‘term is’’. of my time. New Jersey (Mr. GARRETT), the chair- Page 13, line 12, strike ‘‘and section Mr. HENSARLING. I rise to claim man of the Capital Markets Sub- 230.501(a)’’. time in opposition. committee. The Acting CHAIR. Pursuant to The Acting CHAIR. The gentleman Mr. GARRETT. I thank the chair- House Resolution 572, the gentlewoman from Texas is recognized for 5 minutes. man. from Texas (Ms. JACKSON LEE) and a Mr. HENSARLING. I yield 11⁄2 min- As we indicate, the President sup- Member opposed each will control 5 utes to the gentleman from Tennessee ports the underlying legislation and minutes. (Mr. FINCHER). the gentleman indicated that he may The Chair recognizes the gentle- Mr. FINCHER. I thank the gen- be looking for some amendments to the woman from Texas. tleman for yielding. bill, but I would assume quite candidly Ms. JACKSON LEE of Texas. I thank Mr. Chair, I rise in opposition to the he would not be looking for this the chairman very much. gentlelady’s amendment. amendment. I started my earlier discussion with a Again, our goal here today is to help As the gentleman from Arizona aptly previous amendment by suggesting America’s start-up companies grow, points out, what we’re trying to do is that our underlying premise or the raise capital, create jobs. The amend- to facilitate the expansion and growth goal should be to reduce the deficit and ment offered by the gentlelady from by the small companies. How do we do to put America back to work. This con- Texas would limit opportunities for that? As the gentleman from Arizona cept of emerging growth opportunities emerging growth companies to expand says rightfully so, by the expansion of or emerging growth companies is, in business by cutting them off from expe- information. This information can and fact, I believe, a viable step of doing so. rienced investors. should get out there; but at the end of I do want to remind my colleagues Part of generating a successful IPO is the day, we want to make sure that the again that overall business investment having the ability to test the waters liability that is imposed on the dis- is growing, corporate profits are up, as through pre-IPO meetings with institu- semination of information is not so are investments in equipment and soft- tional qualified investors. These are grave and dangerous to it that you ware. Exports have been a source of the investors you want to talk to and would basically supplement with an strength. We’re working very hard to receive feedback from before launching overarching desire to destroy that ensure that we reinvigorate manufac- an IPO to ensure success. If a company overall purpose of the legislation. You turing. We want to make it in America. learned that there is a good chance it

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.093 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1258 CONGRESSIONAL RECORD — HOUSE March 7, 2012 will have a successful IPO, it would be sidered a qualified institutional investor and that you would have with a prospec- less likely to choose a merger and ac- therefore would not be able to engage in cer- tive. All well and good. quisition path, which often results in tain types of investments. Now we come to this amendment, losing jobs, and continue to grow or- Under the bill, the commonly known ‘‘test and I have to scratch my head to un- ganically and create jobs. So it doesn’t the waters provision,’’ would amend the Secu- derstand exactly what the proponent of make sense to me to cut these inves- rities Act of 1933 to expand the range of per- the legislation is trying to do here. Her tors off from emerging growth compa- missible pre-filing communications to sophisti- last comment was that we want to pro- nies. cated institutional investors to allow Emerging tect who? Well, the less sophisticated I understand there may be some con- Growth Companies (EGCs) to determine investor. Okay, well, let’s take a look cerns with investor protections. But in whether qualified institutional or accredited in- at that. What are we dealing with here? this amendment, emerging growth vestors might have an interest in a con- What we’re dealing with here would companies are only allowed to test the templated securities offering. strike the language that would allow waters with highly sophisticated inves- I believe that while many Accredited Inves- an emerging growth company to under- tors so existing investor protections tors are sophisticated and prosperous, and write and communicate—— are not weakened. Therefore, I cannot meet the brokerage firm requirements for al- The Acting CHAIR. The time of the support this amendment. ternative investments. gentleman has expired. b 1730 My amendment is merely a continuation of Mr. HENSARLING. I yield the gen- tleman 30 additional seconds. Ms. JACKSON LEE of Texas. Mr. the investor protection theme of Dodd-Frank. Mr. GARRETT. To deal with institu- Chairman, who has the right to close? Specifically, investors that lack the necessary tions that are accredited investors. The Acting CHAIR. The gentleman capital to absorb the losses that can arise from Texas. when investing in an Emerging Growth Com- Who is it that sets the standards for ac- Ms. JACKSON LEE of Texas. Mr. pany. credited investors? The SEC. So if your Chairman, let me just maintain that Moreover, I would note that many qualified concern is that the level of accredited this is a simple premise of protecting institutional investors have a minimum of $1 investors is not sophisticated enough the less sophisticated investor, and I billion to invest, which simply may not be the to deal with the purchase of these in- have no desire to not see jobs being case with accredited investors. My sentiments vestments, then your complaint is not created or the opportunity for emerg- are similar to those expressed by my Demo- with this underlying legislation. Your ing growth entities to have access to cratic colleagues on the Financial Services concern should be directed to who? The opportunities for investment. It is Committee: that they and Republicans share entity that sets the standards for quite clear that qualified institutional the desire to create an accessible, robust and that—the SEC. investors are far more sophisticated efficient capital market for the benefit of small This legislation basically says that than the accredited investors’ status, businesses and investors, alike. these people who should be involved and so I can’t get clearer than that, I too, expect that as H.R. 3606 moves for- here are accredited, set by the SEC. trying to make sure that we protect ward, further refinements will be adopted to They, therefore, by definition are so- those. ensure that investor protections are not sac- phisticated investors. That is why we And as we noted for the Democrats rificed. oppose the amendment. who served on the Financial Services Again, as my Democratic colleagues on the Mr. HENSARLING. Mr. Chairman, Committee, they made certain state- Financial Services Committee stated: how much time do I have remaining? ments, if you would, to ensure that we H.R. 3606 encourages emerging growth The Acting CHAIR. The gentleman have the greatest amount of protection companies (EGCs) to access the public cap- from Texas has 2 minutes remaining. for those who we want to see having ital markets by temporarily exempting Mr. HENSARLING. At this time, I EGCs from some registration procedures, 1 greater opportunities. will yield 1 ⁄2 minutes to the gentleman prohibitions on initial public offering (IPO) from Arizona (Mr. SCHWEIKERT). So with that, Mr. Chairman, I hap- communications, and independent audits of pily yield back my time and ask my Mr. SCHWEIKERT. Mr. Chairman, internal controls over financial reporting, this is also one of those—my under- colleagues to support this very simple among other exemptions. amendment that seeks to protect ac- Democrats agree in principle that it is im- standing is the way the amendment is credited investors. portant to modernize and improve the abil- drafted is this would basically say that Mr. Chair, I rise today to offer my amend- ity of a company to raise capital in today’s an emerging growth company could ment # 7 to H.R. 3606 ‘‘The Reopening Amer- environment, but are concerned H.R. 3606 not, would be prohibited from commu- ican Capital Markets to Emerging Growth goes beyond what is necessary at the expense nicating with accredited investors. of protecting the investor. Companies Act of 2011.’’ This amendment Okay. Do we all know, I think, the cur- strikes language in the bill that allows an I encourage my colleagues to vote for this rent definition of accredited investor is emerging growth company or its underwriter to consumer and investor-friendly amendment. $1 million net worth not counting your communicate with ‘‘institutions that are accred- Mr. HENSARLING. Mr. Chairman, I residence, $200,000 income for, I think, 3 ited investors.’’ yield 1 minute to the gentleman from years running. And now we’re telling H.R. 3606 would exempt certain regulatory New Jersey, the chairman of the Cap- an emerging growth company that that requirements until the earliest of three dates: ital Markets Subcommittee, Mr. GAR- is the population that you’re not al- (1) five years from the date of the EGC’s initial RETT. lowed to talk to? public offering; (2) the date an EGC has $1 Mr. GARRETT. So the premise of the I appreciate investor protection and billion in annual gross revenue; or (3) the date legislation is what? As we said before, protecting the little guy; but at some an EGC becomes a ‘‘large accelerated filer, to try to encourage the smaller growth point when someone is holding $1 mil- which is defined by the Securities and Ex- companies to be able to development lion in equity outside their house and change Commission (SEC) as a company that their businesses and go on and to even- they’ve demonstrated they have has a worldwide public float of $700 million or tually to go public. In light of the last $200,000 a year income, I actually think more. conversation we had on the last amend- those are the very people I want to be The bill thus provides temporary regulatory ment, we said how do we facilitate having communications with a growth relief to small companies, which encourages doing that? We do that by exchanging company, that give-and-take, that in- them to go public, yet ensures their eventual information out to the public to be formation flow. And that’s why actu- compliance with regulatory requirements as able to share information from re- ally this is a bad amendment, and we they grow larger. search analysts and the like. need to stand up and oppose it. My amendment narrows the permissible ex- Eventually, as was pointed out in the Mr. HENSARLING. I yield myself the emption to allow oral or written communica- last amendment, we said that eventu- balance of the time. tions with potential investors who are ‘‘quali- ally at the end of the day you’d get to I would just say to my friend, the fied institutional investors,’’ but omits ‘‘accred- a prospectus where strict liability gentlelady from Texas will have to set- ited investors from this exemption, in the would incur and so that the investor tle for batting .500, as I supported her name of investor protection.’’ would have the adequate information earlier amendment, but I have to rise For example, this amendment would ensure to do so, and they would also have the in opposition to this one. The very pur- that an accredited investor would not be con- liability protection afforded to them pose of an accredited investor is to

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.095 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1259 identify the class of individuals who Page 19, after line 2, insert the following b 1740 new section (and conform the table of con- have greater capacity to handle risk, We cannot have financial institutions do not require the enhanced protec- tents accordingly): SEC. 109. STUDY ON THE EFFECTS OF MARKET bidding up the price of oil solely to fur- tions. Her amendment would unneces- SPECULATION ON EMERGING ther line their own pockets and need- sarily restrict capital formation and GROWTH COMPANIES. lessly drive up cost to consumers. Do- consequently job growth. I urge its re- (a) STUDY.—The Securities and Exchange mestic demand for oil is at its lowest jection, and I yield back the balance of Commission, in consultation with the Com- point in the last 15 years, but the price modity Futures Trading Commission, shall my time. of gasoline is hitting new highs. The Acting CHAIR. The question is carry out an ongoing study on the ability of emerging growth companies to raise capital The Commodity Futures Trading on the amendment offered by the gen- utilizing the exemptions provided under this Commission is working to address oil tlewoman from Texas (Ms. JACKSON title and the amendments made by this title, and gas speculation, but they need to LEE). in light of— be more aggressive. I joined 44 Mem- The amendment was rejected. (1) financial market speculation on domes- bers of this House and 23 Senators in AMENDMENT NO. 8 OFFERED BY MS. JACKSON tic oil and gasoline prices; and sending a letter to the CFTC to exer- LEE OF TEXAS (2) business cost increases caused by such speculation. cise its full authority to eliminate ex- The Acting CHAIR. It is now in order cessive speculation, as directed under to consider amendment No. 8 printed in (b) REPORT.—Not later than the end of the 60-year period beginning on the date of the the recently passed Dodd-Frank Act. House Report 112–409. enactment of this Act, and annually there- This amendment will provide valuable Ms. JACKSON LEE of Texas. I have after, the Securities and Exchange Commis- information on how such speculation an amendment at the desk. sion shall issue a report to the Congress con- affects the ability of emerging growth The Acting CHAIR. The Clerk will taining all findings and determinations made companies to raise capital. designate the amendment. in carrying out the study required under sub- The text of the amendment is as fol- section (a). Access to capital remains a challenge lows: The Acting CHAIR. Pursuant to for most entrepreneurs, and uncertain and often rising energy costs represent Page 15, line 16, strike the quotation mark House Resolution 572, the gentleman and final period and after such line insert from Virginia (Mr. CONNOLLY) and a a potential impediment for start-up the following: Member opposed each will control 5 companies trying to convince prospec- (3) ADDITIONAL FILING FEE.—In order to dis- minutes. tive investors that they have in fact a courage frivolous filings with the Commis- The Chair recognizes the gentleman competitive business model. sion, the Commission shall establish a fee from Virginia. My simple amendment requires the that shall apply to any draft registration Mr. CONNOLLY of Virginia. Mr. Securities and Exchange Commission, statement submitted to the Commission for Chairman, this important amendment in consultation with the CFTC, to confidential nonpublic review pursuant to will help small and emerging growth study the effects of oil and gas specula- paragraph (1). businesses address a significant cost tion in financial markets on the ability The Acting CHAIR. Pursuant to they incur—the rising price of gasoline. of emerging growth companies to ac- House Resolution 572, the gentlewoman According to the National Federation cess capital. This will enable the CFTC from Texas (Ms. JACKSON LEE) and a of Independent Businesses, 10 percent to better address such speculation and Member opposed each will control 5 of businesses say energy costs are their to better protect the ability of Amer- minutes. single largest cost, and 25 percent cite ican entrepreneurs to raise the capital The Chair recognizes the gentle- it as the second or third largest. necessary to innovate and succeed in woman from Texas. Although some argue for increased the competitive global market. Ms. JACKSON LEE of Texas. Let me domestic drilling, at best it will take 5 I urge my colleagues to join me in say to my good friend from Texas, I’m years before new supplies are brought the simple effort to study the excessive going to look forward to working with to market and have any effect on the speculation and hopefully reduce en- him on the previous amendment that current price of gasoline. Meanwhile, ergy costs for American innovators and simply was misconstrued, and we cer- oil companies are producing more oil consumers. tainly want to respect those who have in America right now than at any point With that, I reserve the balance of a million dollars outside their window, in the last 8 years; but since they’re my time. but we also want to ensure that we also exporting more oil, consumers Mr. HENSARLING. Mr. Chairman, I have protection for those less sophisti- aren’t realizing the benefits of that rise to claim the time in opposition. cated investors. production. Approving the Keystone The Acting CHAIR. The gentleman The amendment that I have before XL pipeline, as some have proposed, ac- from Texas is recognized for 5 minutes. me, likewise, has an intent to allow the tually would make gas prices even Mr. HENSARLING. Mr. Chairman, I SEC not to be plagued by frivolous fil- worse. The oil company TransCanada have some good news for the gentleman ings. But I want to work with the com- said in its pipeline application that from Virginia. The very issue that he mittee going forward, and so I will not Keystone will raise American oil prices cares to study has already been stud- pursue this amendment. And, Mr. by $3 a barrel. The price of a gallon of ied. In January of 2011, Democrat CFTC Chairman, I’m going to ask unanimous gasoline has risen 30 cents per gallon in Commissioner Michael Dunn said: consent to withdraw this amendment the last month, and we need to drive No. 8 at this time. To date, CFTC staff has been unable to find down prices, not allow them to in- any reliable economic analysis to support ei- I will conclude by saying I like bat- crease. ther the contention that excessive specula- ting .500, and I will continue to work There are a number of factors in- tion is affecting the markets we regulate or with this committee on these impor- volved in the rapidly increasing price that position limits will prevent excessive tant issues. of gasoline; however, one of the signifi- speculation. With such a lack of concrete The Acting CHAIR. Without objec- cant causes is the proliferation of fi- economic evidence, my fear is that, at best, tion, the amendment is withdrawn. nancial market speculation on oil and position limits are a cure for a disease that There was no objection. gas products. During the last gas price does not exist or at worst a placebo for one that does. AMENDMENT NO. 9 OFFERED BY MR. CONNOLLY spike, Goldman Sachs estimated that OF VIRGINIA speculation added $27 to the price of a A similar study has been conducted The Acting CHAIR. It is now in order barrel of oil. Just last week, oil State by the Federal Trade Commission. to consider amendment No. 9 printed in Senator TOM COBURN of Oklahoma told Mr. Chairman, if we’re going to be in House Report 112–409. the House Oversight and Government the business of conducting studies, per- Mr. CONNOLLY of Virginia. Mr. Reform Committee, on which I sit, the haps we should study why this adminis- Chairman, I have an amendment at the speculation is adding 13 to 15 percent tration has had over 3 years to study desk. to the price of a barrel of oil right now. the Keystone pipeline and still refuses The Acting CHAIR. The Clerk will And citing Goldman Sachs data, a re- to allow more energy to come to Amer- designate the amendment. cent Forbes news report said that ex- ica for Americans. Now, apparently, in The text of the amendment is as fol- cessive speculation leads to a 56-cent a reversal, the President has decided lows: premium per gallon at the pump. that if the energy can hitchhike from

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.097 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1260 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Canada successfully to the Red River, that would be created, and they were the gentleman from Virginia will be the northern border of Texas, he’ll all temporary. At most, 50 to 60 perma- postponed. allow it to get to the refineries on the nent jobs would be created. AMENDMENT NO. 10 OFFERED BY MR. MCCARTHY gulf coast. Otherwise, no energy. The other thing my friends on the OF CALIFORNIA Shouldn’t, on the road to American other side of the aisle don’t want to The Acting CHAIR. It is now in order energy independence, we ought to at talk about about Keystone is that al- to consider amendment No. 10 printed least go through the road of North most all of that oil is going to go to in House Report 112–409. American energy independence. These Port Arthur, Texas, for export, not for Mr. MCCARTHY of California. Mr. are 20,000 shovel-ready jobs—and I domestic consumption. If my friends on Chairman, I have an amendment at the know the administration gets confused the other side of the aisle want to con- desk. at what is a shovel-ready job—but tend otherwise, then let’s support an The Acting CHAIR. The Clerk will 20,000 shovel ready jobs, and yet it’s re- amendment right here and now that designate the amendment. jected by this administration. Why? says that pipeline can be produced and The text of the amendment is as fol- Well, because this is an administration built so long as all of that oil is for do- lows: that has essentially declared war on mestic consumption. Page 19, beginning on line 6, strike ‘‘(a) RE- carbon-based industry, thus is trying With that, I yield back the balance of MOVAL OF RESTRICTION.—’’ and all that fol- to increase prices of energy for small my time, Mr. Chairman. lows through line 11 and insert the following: businesses, for struggling American Mr. HENSARLING. Mr. Chairman, (a) MODIFICATION OF RULES.— families, for hardworking taxpayers. how much time do I have remaining? (1) Not later than 90 Page 19, line 23, insert after the period the Please don’t take my word for it; take The Acting CHAIR. The gentleman following: ‘‘Section 230.506 of title 17, Code of the word of the Secretary of Energy, from Texas has 11⁄2 minutes remaining. Federal Regulations, as revised pursuant to Steven Chu: ‘‘Somehow we have to fig- Mr. HENSARLING. In that case, I this section, shall continue to be treated as ure out how to boost the price of gaso- yield 1 minute to the gentleman from a regulation issued under section 4(2) of the line to the levels of Europe.’’ Tennessee (Mr. FINCHER). Securities Act of 1933 (15 U.S.C. 77d(2)).’’ Well, again, I’ve got good news for Mr. FINCHER. I thank the gen- Page 19, after line 23, insert the following: the administration: they’re doing a tleman from Texas. (2) Not later than 90 days after the date of wonderful job. They have us on the It seems like the gentleman’s amend- enactment of this Act, the Securities and Exchange Commission shall revise sub- road to increasing energy levels to the ment is trying to confuse the recent section (d)(1) of section 230.144A of title 17, price of Europe, and the consequent un- sharp rise in gas prices with the pur- Code of Federal Regulations, to provide that employment that goes with it, and the pose of this bill, which is to provide securities sold under such revised exemption consequence of having the fewest busi- emerging growth companies with a may be offered to persons other than quali- ness start-ups in almost two complete temporary break from costly compli- fied institutional buyers, including by means decades. So, the matter that the gen- ance burdens. of general solicitation or general adver- tleman cares to study has already been It’s true that gas prices have been tising, provided that securities are sold only studied. It has already been studied. going up, but emerging growth compa- to persons that the seller and any person acting on behalf of the seller reasonably be- I also recall a time when these people nies are not to blame. I introduced this lieve is a qualified institutional buyer. were called investors, and we actually bill, along with my colleague, Mr. CAR- (c) CONSISTENCY IN INTERPRETATION.—Sec- welcomed them into the market. I sus- NEY, to encourage small business to go tion 4 of the Securities Act of 1933 (15 U.S.C. pect that it is fear of this administra- public, to have access to more capital, 77d) is amended— tion’s energy policies that is causing and create more jobs. Job creation is (1) by striking ‘‘The provisions of section these prices to skyrocket even further. the purpose of this bill, not gas prices. 5’’ and inserting ‘‘(a) The provisions of sec- As bad as they are today, people know Rising gas prices is a critical issue, tion 5’’; and they’re going to be even worse. and we would be glad to have the de- (2) by adding at the end the following: So I would urge a rejection of this ‘‘(b) Offers and sales exempt under section bate some other day. But today we’re 230.506 of title 17, Code of Federal Regula- amendment that takes this bill in the talking about job creation in the pri- tions (as revised pursuant to section 201 of complete opposite direction that it vate sector. This is a very important the Jumpstart Our Business Startups Act) needs to be going. piece of legislation that the President shall not be deemed public offerings under I reserve the balance of my time. supports. So let’s give the power back the Federal securities laws as a result of gen- Mr. CONNOLLY of Virginia. I would to the people. eral advertising or general solicitation.’’. inquire of the Chair how much time is Mr. HENSARLING. Mr. Chairman, I The Acting CHAIR. Pursuant to left on our side. yield myself the balance of my time. House Resolution 572, the gentleman The Acting CHAIR. The gentleman Regrettably, the ranking member is from California (Mr. MCCARTHY) and a has 11⁄2 minutes remaining. not here because he chose to violate Member opposed each will control 5 Mr. CONNOLLY of Virginia. Well, House rules, and his speaking privi- minutes. I’m saddened, but of course not sur- leges were denied for the rest of the The Chair recognizes the gentleman prised, that my friend on the other side day. But during our committee mark- from California. would not want a simple amendment to up, he said: Mr. MCCARTHY of California. Mr. study the effect of oil speculation on First of all, studies are not done for free by Chairman, this amendment is designed the price of oil because it doesn’t fit the SEC. Given the current decision to re- to make several small changes to make the political narrative. So while we’re strict SEC funding, I will be much more sure the regulation D, rule 506 provi- trying to have a very narrow narrative careful about burdening them with studies sion in this bill meets its original in- that somehow it’s the responsibility of which will inevitably come at the expense of tent. a particular administration in terms of more important duties. In consultation with the Securities the rise in the price of oil, I think the One more reason to oppose the gen- and Exchange Commission and our American consumer and American tleman’s amendment. friends on the other side of the aisle, innovators and American start-up com- Mr. Chairman, I yield back the bal- we identified several areas where the panies and entrepreneurs are actually ance of my time. language in the bill could have had entitled to know what percentage of The Acting CHAIR. The question is some unintended consequences that the increase in a barrel of oil and at on the amendment offered by the gen- may have limited the effectiveness of the pump is in fact due to oil specu- tleman from Virginia (Mr. CONNOLLY). the provision or expanded its reach be- lators and financial institutions that The question was taken; and the Act- yond what we originally intended. the other side of this House wants to ing Chair announced that the noes ap- protect. peared to have it. b 1750 With respect to the Keystone pipe- Mr. CONNOLLY of Virginia. Mr. This amendment does three things: line—with all due respect to my col- Chairman, I demand a recorded vote. Clarifies that general advertising league—it’s 5,000 jobs, not 20,000 shovel- The Acting CHAIR. Pursuant to provision should only apply to Regula- ready jobs. The Washington Post did an clause 6 of rule XVIII, further pro- tion D, rule 506 of the securities offer- exhaustive study of the number of jobs ceedings on the amendment offered by ings;

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.102 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1261 Protects investors by allowing for But I think the RECORD needs to be vote on the amendment offered by the general advertising in the secondary clear that under our bill, all analyst re- gentleman from Connecticut (Mr. sale of these securities, so long as only search for emerging growth companies HIMES) on which further proceedings qualified institutional buyers purchase will remain subject to certain provi- were postponed and on which the noes the securities; sions. They will be subject to the Glob- prevailed by voice vote. Provides consistency in the interpre- al Research Analyst Settlement, which The Clerk will redesignate the tation for regulators that general ad- was a court settlement that resulted amendment. vertising should not cause these pri- from the problems in the early 2000s. The Clerk redesignated the amend- vate offerings to be considered public This settlement established a com- ment. offerings. prehensive set of rules that severed the RECORDED VOTE Our goal with this amendment is to link between investment banking and The Acting CHAIR. A recorded vote ensure that more small businesses have research activities at large banks. has been demanded. the opportunity to find the investors They will be subject to section 501 of A recorded vote was ordered. they need while preserving investor Sarbanes-Oxley, which requires re- The vote was taken by electronic de- protections. search analysts and broker dealers to Mr. Chairman, as many people know disclose all potential conflicts of inter- vice, and there were—ayes 164, noes 245, on this floor, I created my first busi- est in research reports; they will be not voting 23, as follows: ness at age 20. I was fortunate enough subject to Regulation AC, which re- [Roll No. 103] to be successful enough to pay my way quires research analysts to personally AYES—164 through college. certify that the views expressed in re- Ackerman Gibson Murphy (CT) Mr. Chairman, if I look today, I don’t search reports accurately reflect the Altmire Gonzalez Nadler know if I could start that same small research analysts’ personal views about Andrews Green, Al Napolitano the securities, and to disclose whether Baca Green, Gene Neal business. Entrance to market is great, Baldwin Grijalva Olver access to capital. What our goal to do research analysts were compensated in Barrow Gutierrez Owens it in this bill and amendment is to ex- connection with specific recommenda- Bass (CA) Hahn Pallone tions; and, they would still be subject Becerra Hanabusa Pascrell pand that. And as we measure across Berkley Hastings (FL) to stock exchange listing standards. Pastor (AZ) America, the greatest growth we have Berman Heinrich Perlmutter is small business. The point is that the protections Bishop (GA) Higgins Peterson Mr. Chairman, I was reading the against these conflicts that the gentle- Bishop (NY) Himes Pingree (ME) lady from California is concerned Blumenauer Hinchey Price (NC) other day, if you looked at the chal- Bonamici Hirono about are preserved under our bill, and Quigley lenge that we have, this current admin- Boswell Hochul Rahall Brady (PA) Holden istration and their policies hampering we would argue that the amendment is Reyes Brown (FL) Holt not necessary. In fact, what the amend- Richardson our ability to grow, you look back to Butterfield Honda ment would do is it would take away Richmond the end of the last recession, 2001, you Capps Hoyer Rothman (NJ) what we think is an advantage to our Capuano Inslee look at the beginning of this recession Roybal-Allard legislation, which is research that Castor (FL) Israel in 2007, a lot of people in America say Ruppersberger Chandler Jackson (IL) would be available on small emerging Rush that was a time of growth in America, Chu Jackson Lee growth companies which are not cov- Ryan (OH) from 2001 to 2007. Cicilline (TX) Sa´ nchez, Linda Well, if you ever measured who cre- ered currently by certain of these regu- Clarke (MI) Johnson (GA) lations. Clarke (NY) Johnson, E. B. T. ated those jobs, small businesses. Com- Sanchez, Loretta So I’d like to just ask my colleagues Clay Kaptur panies under 500 employees added 7 Sarbanes on both sides of the aisle—obviously, Cleaver Keating million jobs, and 70 percent of those Clyburn Kildee Schakowsky the amendment failed on a voice vote, Schiff new 7 million jobs came from compa- Connolly (VA) Kind and I would ask, as the amendment Conyers Kissell Scott (VA) nies 5 years old or younger. Scott, David goes to a recorded vote, that my col- Cooper Langevin But, Mr. Chairman, under this new Costello Larsen (WA) Serrano leagues keep in mind that these protec- Sherman administration, we’re at an all-time Courtney Larson (CT) tions still exist for investors. Sires low of new start-ups. So we’re hopeful, Critz Lee (CA) With that, I yield back the balance of Cuellar Levin Slaughter with this new legislation, that that my time. Cummings Lewis (GA) Smith (WA) Davis (CA) Lipinski Speier will all change, that the future will be Mr. MCCARTHY of California. Mr. brighter, small businesses will con- DeFazio Loebsack Stark Chairman, I urge adoption of the DeGette Lofgren, Zoe Sutton tinue to grow, and we’ll put America amendment and yield back the balance DeLauro Lowey Thompson (CA) back on the right path. Deutch Luja´ n Thompson (MS) of my time. Tierney I reserve the balance of my time. The Acting CHAIR. The question is Dicks Lynch Mr. CARNEY. I rise to claim time in Dingell Maloney Tonko on the amendment offered by the gen- Doggett Matsui Towns opposition, though I’m not opposed to tleman from California (Mr. MCCAR- Donnelly (IN) McCarthy (NY) Tsongas Van Hollen the amendment. THY). Doyle McCollum The Acting CHAIR. Without objec- Edwards McDermott Vela´ zquez The amendment was agreed to. Ellison McGovern Walz (MN) tion, the gentleman from Delaware is ANNOUNCEMENT BY THE ACTING CHAIR Engel McIntyre Wasserman recognized for 5 minutes. The Acting CHAIR. Pursuant to Eshoo McNerney Schultz There was no objection. clause 6 of rule XVIII, proceedings will Farr Meeks Waters Mr. CARNEY. Mr. Chairman, I’d like Fattah Michaud Watt now resume on those amendments Frank (MA) Miller (NC) Waxman to first thank the gentleman from Cali- printed in House Report 112–409 on Fudge Miller, George Wilson (FL) fornia for his amendment and for work- which further proceedings were post- Garamendi Moran Yarmuth ing with the minority party and the poned, in the following order: NOES—245 ranking member on the provisions of Amendment No. 3 by Mr. HIMES of Adams Bishop (UT) Canseco the amendment. I understand there’s Connecticut. Aderholt Black Cantor support for the amendment on this side Amendment No. 5 by Mr. ELLISON of Akin Blackburn Capito of the aisle as well. Minnesota. Alexander Bonner Cardoza I would like to take a minute, if I Amash Bono Mack Carney Amendment No. 6 by Ms. WATERS of Amodei Boren Carson (IN) could, or a couple of minutes, to talk California. Austria Boustany Carter about the Waters amendment, which Amendment No. 9 by Mr. CONNOLLY Bachmann Brady (TX) Cassidy was discussed a few minutes ago, just of Virginia. Barletta Brooks Chabot The Chair will reduce to 2 minutes Bartlett Broun (GA) Chaffetz to clarify a few points, if I may. Con- Barton (TX) Buchanan Coble gresswoman WATERS, in committee, the minimum time for any electronic Bass (NH) Bucshon Coffman (CO) raised the concerns about the way in- vote after the first vote in this series. Benishek Buerkle Cole Berg Burgess Conaway formation was used during the dot-com AMENDMENT NO. 3 OFFERED BY MR. HIMES Biggert Calvert Costa boom in the early 2000s, and there were The Acting CHAIR. The unfinished Bilbray Camp Cravaack obviously some problems with that. business is the demand for a recorded Bilirakis Campbell Crawford

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.106 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1262 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Crenshaw Jones Rehberg Stated against: Barletta Gowdy Olson Crowley Jordan Reichert Bartlett Granger Owens Culberson King (IA) Renacci Mr. KELLY. Mr. Chair, on rollcall No. 103, Barton (TX) Graves (GA) Palazzo Davis (KY) King (NY) Ribble my voting card would not register. Had I been Bass (NH) Graves (MO) Paulsen Denham Kingston Rigell able to vote, I would have voted ‘‘no.’’ Benishek Griffin (AR) Pearce Dent Kinzinger (IL) Rivera Berg Griffith (VA) Pence AMENDMENT NO. 5 OFFERED BY MR. ELLISON DesJarlais Kline Roby Biggert Grimm Petri Diaz-Balart Kucinich Roe (TN) The Acting CHAIR. The unfinished Bilbray Guinta Pitts Dold Lamborn Rogers (AL) business is the demand for a recorded Bilirakis Guthrie Platts Dreier Lance Rogers (KY) Bishop (UT) Hall Poe (TX) Duffy Landry vote on the amendment offered by the Black Harper Rogers (MI) Pompeo Duncan (SC) Lankford gentleman from Minnesota (Mr. ELLI- Blackburn Harris Posey Rohrabacher Duncan (TN) Latham Bonner Hartzler Price (GA) Rokita SON) on which further proceedings were Ellmers LaTourette Bono Mack Hastings (WA) Quayle Rooney Emerson Latta postponed and on which the noes pre- Boren Hayworth Reed Farenthold Lewis (CA) Ros-Lehtinen vailed by voice vote. Boustany Heck Rehberg Fincher LoBiondo Ross (AR) The Clerk will redesignate the Brady (TX) Hensarling Reichert Ross (FL) Fitzpatrick Long amendment. Brooks Herger Renacci Flake Lucas Royce Broun (GA) Herrera Beutler Ribble Fleischmann Luetkemeyer Runyan The Clerk redesignated the amend- Buchanan Himes Rigell Fleming Lummis Ryan (WI) ment. Bucshon Huelskamp Rivera Flores Lungren, Daniel Scalise Buerkle Huizenga (MI) Roby RECORDED VOTE Forbes E. Schilling Burgess Hultgren Roe (TN) Fortenberry Mack Schock The Acting CHAIR. A recorded vote Burton (IN) Hunter Rogers (AL) Foxx Manzullo Schweikert has been demanded. Calvert Hurt Rogers (KY) Franks (AZ) Marchant Scott (SC) Camp Issa Rogers (MI) Frelinghuysen Marino Scott, Austin A recorded vote was ordered. Campbell Jenkins Rohrabacher Gallegly Matheson Sensenbrenner The Acting CHAIR. This will be a 2- Canseco Johnson (IL) Rokita Gardner McCarthy (CA) Sessions minute vote. Cantor Johnson (OH) Rooney Garrett McCaul Shimkus Capito Johnson, Sam Ros-Lehtinen Gerlach McClintock Shuler The vote was taken by electronic de- Cardoza Jordan Roskam Gibbs McCotter Shuster vice, and there were—ayes 169, noes 244, Carney Kelly Ross (AR) Gingrey (GA) McHenry Simpson not voting 19, as follows: Carter Kind Ross (FL) Gohmert McKeon Cassidy King (IA) Royce Smith (NE) [Roll No. 104] Goodlatte McKinley Smith (NJ) Chabot King (NY) Runyan Gosar McMorris Smith (TX) AYES—169 Chaffetz Kingston Ryan (WI) Gowdy Rodgers Coble Kinzinger (IL) Scalise Southerland Ackerman Garamendi Murphy (CT) Granger Meehan Coffman (CO) Kline Schilling Stearns Altmire Gonzalez Nadler Graves (GA) Mica Cole Lamborn Schweikert Stivers Andrews Green, Al Graves (MO) Miller (FL) Napolitano Conaway Lance Scott (SC) Stutzman Baca Green, Gene Griffin (AR) Miller (MI) Neal Connolly (VA) Landry Scott, Austin Sullivan Baldwin Grijalva Griffith (VA) Miller, Gary Olver Cooper Lankford Sensenbrenner Terry Barrow Hahn Grimm Mulvaney Pallone Costa Latham Sessions Thompson (PA) Bass (CA) Hanabusa Guinta Murphy (PA) Pascrell Cravaack LaTourette Shimkus Thornberry Becerra Hanna Guthrie Myrick Pastor (AZ) Crawford Latta Shuler Tipton Berkley Hastings (FL) Hall Neugebauer Perlmutter Crenshaw Lewis (CA) Simpson Turner (NY) Berman Heinrich Hanna Noem Peters Culberson LoBiondo Smith (NE) Turner (OH) Bishop (GA) Higgins Harper Nugent Peterson Davis (KY) Long Smith (NJ) Upton Bishop (NY) Hinchey Harris Nunes Pingree (ME) Dent Lucas Smith (TX) Walberg Blumenauer Hirono Hartzler Nunnelee Polis DesJarlais Luetkemeyer Smith (WA) Walden Bonamici Hochul Hastings (WA) Olson Price (NC) Diaz-Balart Lummis Southerland Boswell Holden Hayworth Palazzo Walsh (IL) Dold Lungren, Daniel Stearns Brady (PA) Holt Quigley Heck Paulsen Webster Dreier E. Stivers Braley (IA) Honda Rahall Hensarling Pearce Welch Duffy Mack Stutzman Brown (FL) Hoyer Reyes Herger Pence West Duncan (SC) Manzullo Sullivan Butterfield Inslee Richardson Herrera Beutler Peters Westmoreland Ellmers Marchant Terry Capps Israel Richmond Huelskamp Petri Whitfield Emerson Marino Thompson (PA) Capuano Jackson (IL) Rothman (NJ) Huizenga (MI) Pitts Wilson (SC) Farenthold McCarthy (CA) Thornberry Carnahan Jackson Lee Roybal-Allard Hultgren Platts Wittman Fincher McCaul Tiberi Carson (IN) (TX) Ruppersberger Hunter Poe (TX) Wolf Fitzpatrick McClintock Tipton Castor (FL) Johnson (GA) Ryan (OH) Hurt Polis Womack Flake McCotter Turner (NY) Chandler Johnson, E. B. Sa´ nchez, Linda Issa Pompeo Woodall Fleischmann McHenry Turner (OH) Chu Jones T. Jenkins Posey Yoder Fleming McKeon Upton Cicilline Kaptur Sanchez, Loretta Johnson (IL) Price (GA) Young (AK) Flores McKinley Walberg Clarke (MI) Keating Johnson (OH) Quayle Young (FL) Sarbanes Forbes McMorris Walden Clarke (NY) Kildee Johnson, Sam Reed Young (IN) Schakowsky Fortenberry Rodgers Walsh (IL) Clay Kissell Schiff Foxx Meehan Webster Cleaver Kucinich NOT VOTING—23 Scott (VA) Franks (AZ) Mica West Clyburn Langevin Bachus Kelly Schmidt Scott, David Frelinghuysen Miller (FL) Westmoreland Conyers Larsen (WA) Braley (IA) Labrador Serrano Gallegly Miller (MI) Whitfield Schrader Costello Larson (CT) Burton (IN) Markey Sewell Gardner Miller, Gary Wilson (SC) Schwartz Courtney Lee (CA) Carnahan Moore Sherman Garrett Mulvaney Wittman Sewell Critz Levin Cohen Paul Sires Gerlach Murphy (PA) Wolf Tiberi Crowley Lewis (GA) Davis (IL) Pelosi Slaughter Gibbs Myrick Womack Visclosky Cuellar Lipinski Filner Rangel Speier Gibson Neugebauer Woodall Woolsey Cummings Loebsack Hinojosa Roskam Stark Gingrey (GA) Noem Yoder Davis (CA) Lofgren, Zoe Sutton Gohmert Nugent Young (AK) DeFazio Lowey b 1822 Goodlatte Nunes Young (FL) DeGette Luja´ n Thompson (CA) Gosar Nunnelee Young (IN) Messrs. POLIS, BUCSHON, GUINTA DeLauro Lynch Thompson (MS) and ROKITA changed their vote from Deutch Maloney Tierney NOT VOTING—19 Dicks Markey Tonko ‘‘aye’’ to ‘‘no.’’ Cohen Moore Schrader Dingell Matheson Towns Davis (IL) Paul Messrs. HINCHEY and GUTIERREZ Doggett Matsui Tsongas Schwartz Denham Pelosi changed their vote from ‘‘no’’ to ‘‘aye.’’ Donnelly (IN) McCarthy (NY) Van Hollen Shuster Filner Rangel Doyle McCollum Vela´ zquez Visclosky So the amendment was rejected. Gutierrez Rush Duncan (TN) McDermott Walz (MN) Woolsey The result of the vote was announced Hinojosa Schmidt Edwards McGovern Wasserman Labrador Schock as above recorded. Ellison McIntyre Schultz Stated for: Engel McNerney Waters ANNOUNCEMENT BY THE ACTING CHAIR Mr. FILNER. Mr. Chair, on rollcall 103, I was Eshoo Meeks Watt Farr Michaud Waxman The Acting CHAIR (during the vote). away from the Capitol due to prior commit- Fattah Miller (NC) Welch There is 1 minute remaining. ments to my constituents. Had I been present, Frank (MA) Miller, George Wilson (FL) I would have voted ‘‘aye.’’ Fudge Moran Yarmuth b 1826 Mr. BRALEY of Iowa. Mr. Chair, during roll- NOES—244 So the amendment was rejected. call vote number 103 on Himes amdt. H.R. The result of the vote was announced Adams Alexander Austria 3606, I was unavoidably detained. Had I been Aderholt Amash Bachmann as above recorded. present, I would have voted ‘‘aye.’’ Akin Amodei Bachus Stated for:

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.043 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1263 Mr. FILNER. Mr. Chair, on rollcall 104, I was Waters Waxman Wilson (FL) ANNOUNCEMENT BY THE ACTING CHAIR away from the Capitol due to prior commit- Watt Welch Yarmuth The Acting CHAIR (during the vote). ments to my constituents. Had I been present, NOES—259 There is 1 minute remaining. I would have voted ‘‘aye.’’ Adams Gerlach Nugent Aderholt Gibbs Nunes b 1833 f Akin Gibson Nunnelee Mr. CROWLEY changed his vote from Alexander Gingrey (GA) Olson ‘‘aye’’ to ‘‘no.’’ PERSONAL EXPLANATION Altmire Gohmert Owens Amash Goodlatte Palazzo So the amendment was rejected. Ms. SCHWARTZ. Mr. Chair, during rollcall Amodei Gosar Paulsen The result of the vote was announced vote number 103 and 104 on Himes and Elli- Austria Gowdy Pearce as above recorded. Bachmann Granger Pence son amendments, I was unavoidably detained. Bachus Graves (GA) Peterson Stated for: Had I been present, I would have voted ‘‘aye.’’ Barletta Graves (MO) Petri Mr. FILNER. Mr. Chair, on rollcall 105, I was AMENDMENT NO. 6 OFFERED BY MS. WATERS Barrow Griffin (AR) Pitts away from the Capitol due to prior commit- Bartlett Griffith (VA) Platts ments to my constituents. Had I been present, The Acting CHAIR. The unfinished Barton (TX) Grimm Poe (TX) business is the demand for a recorded Bass (NH) Guinta Polis I would have voted ‘‘aye.’’ vote on the amendment offered by the Benishek Guthrie Pompeo AMENDMENT NO. 9 OFFERED BY MR. CONNOLLY gentlewoman from California (Ms. Berg Hall Posey OF VIRGINIA Biggert Hanna Price (GA) WATERS) on which further proceedings Bilbray Harper Quayle The Acting CHAIR. The unfinished were postponed and on which the noes Bilirakis Harris Reed business is the demand for a recorded prevailed by voice vote. Bishop (UT) Hartzler Rehberg vote on the amendment offered by the Black Hastings (WA) Reichert gentleman from Virginia (Mr. CON- The Clerk will redesignate the Blackburn Hayworth Renacci amendment. Bonner Heck Ribble NOLLY) on which further proceedings The Clerk redesignated the amend- Bono Mack Hensarling Rigell were postponed and on which the noes ment. Boren Herger Rivera prevailed by voice vote. Boustany Herrera Beutler Roby The Clerk will redesignate the RECORDED VOTE Brady (TX) Huelskamp Roe (TN) The Acting CHAIR. A recorded vote Brooks Huizenga (MI) Rogers (AL) amendment. has been demanded. Broun (GA) Hultgren Rogers (KY) The Clerk redesignated the amend- Buchanan Hunter Rogers (MI) ment. A recorded vote was ordered. Bucshon Hurt Rohrabacher The Acting CHAIR. This will be a 2- Buerkle Issa Rokita RECORDED VOTE minute vote. Burgess Jenkins Rooney The Acting CHAIR. A recorded vote The vote was taken by electronic de- Burton (IN) Johnson (IL) Ros-Lehtinen has been demanded. Calvert Johnson (OH) Roskam vice, and there were—ayes 161, noes 259, Camp Johnson, Sam Ross (AR) A recorded vote was ordered. not voting 12, as follows: Campbell Jones Ross (FL) The Acting CHAIR. This will be a 2- [Roll No. 105] Canseco Jordan Royce minute vote. Cantor Kelly Runyan The vote was taken by electronic de- AYES—161 Capito Kind Ryan (WI) vice, and there were—ayes 185, noes 236, Ackerman Fudge Moran Cardoza King (IA) Scalise Andrews Gonzalez Murphy (CT) Carney King (NY) Schilling not voting 11, as follows: Baca Green, Al Nadler Carter Kingston Schock [Roll No. 106] Baldwin Green, Gene Cassidy Kinzinger (IL) Schrader Napolitano AYES—185 Bass (CA) Grijalva Neal Chabot Kline Schweikert Becerra Gutierrez Olver Chaffetz Lamborn Scott (SC) Ackerman Doggett Kucinich Berkley Hahn Pallone Coble Lance Scott, Austin Altmire Donnelly (IN) Langevin Berman Hanabusa Pascrell Coffman (CO) Landry Sensenbrenner Andrews Doyle Larsen (WA) Bishop (GA) Hastings (FL) Pastor (AZ) Cole Lankford Sessions Baca Edwards Larson (CT) Conaway Shimkus Bishop (NY) Heinrich Pelosi Larsen (WA) Baldwin Ellison Lee (CA) Connolly (VA) Shuler Blumenauer Higgins Perlmutter Latham Barrow Engel Levin Cooper LaTourette Shuster Bonamici Himes Peters Bass (CA) Eshoo Lewis (GA) Costa Latta Simpson Boswell Hinchey Pingree (ME) Becerra Farr Lipinski Cravaack Lewis (CA) Smith (NE) Brady (PA) Hirono Price (NC) Berkley Fattah Loebsack Crawford LoBiondo Smith (NJ) Braley (IA) Hochul Quigley Berman Fitzpatrick Lofgren, Zoe Brown (FL) Holden Crenshaw Long Smith (TX) Bishop (GA) Fortenberry Rahall Lowey Butterfield Holt Crowley Lucas Smith (WA) Bishop (NY) Frank (MA) Luja´ n Reyes Capps Honda Cuellar Luetkemeyer Southerland Blumenauer Fudge Lynch Richardson Capuano Hoyer Culberson Lummis Stearns Bonamici Garamendi Maloney Richmond Carnahan Inslee Davis (KY) Lungren, Daniel Stivers Boswell Gerlach Markey Rothman (NJ) Carson (IN) Israel Dent E. Stutzman Brady (PA) Gibson Matsui Roybal-Allard Castor (FL) Jackson (IL) DesJarlais Mack Sullivan Braley (IA) Gonzalez McCarthy (NY) Chandler Jackson Lee Ruppersberger Diaz-Balart Manzullo Terry Brown (FL) Green, Al McCollum Chu (TX) Rush Dold Marchant Thompson (PA) Burgess Green, Gene McDermott Cicilline Johnson (GA) Ryan (OH) Dreier Marino Thornberry Butterfield Griffith (VA) McGovern ´ Clarke (MI) Johnson, E. B. Sanchez, Linda Duffy Matheson Tiberi Capps Grijalva McIntyre T. Clarke (NY) Kaptur Duncan (SC) McCarthy (CA) Tipton Capuano Gutierrez McNerney Sanchez, Loretta Clay Keating Duncan (TN) McCarthy (NY) Turner (NY) Carnahan Hahn Meeks Sarbanes Cleaver Kildee Ellmers McCaul Turner (OH) Carson (IN) Hanabusa Michaud Schakowsky Clyburn Kucinich Emerson McClintock Upton Castor (FL) Hastings (FL) Miller (NC) Schiff Cohen Langevin Farenthold McCotter Walberg Chandler Heinrich Miller, George Schwartz Conyers Larson (CT) Fincher McHenry Walden Chu Higgins Moran Scott (VA) Costello Lee (CA) Fitzpatrick McKeon Walsh (IL) Cicilline Hinchey Murphy (CT) Scott, David Courtney Levin Flake McKinley Webster Clarke (MI) Hirono Nadler Serrano Critz Lewis (GA) Fleischmann McMorris West Clarke (NY) Hochul Napolitano Cummings Lipinski Sewell Fleming Rodgers Westmoreland Clay Holden Neal Davis (CA) Loebsack Sherman Flores Meehan Whitfield Cleaver Holt Olver DeFazio Lofgren, Zoe Sires Forbes Mica Wilson (SC) Clyburn Honda Owens DeGette Lowey Slaughter Fortenberry Miller (FL) Wittman Cohen Hoyer Pallone DeLauro Luja´ n Speier Foxx Miller (MI) Wolf Connolly (VA) Inslee Pascrell Deutch Lynch Stark Franks (AZ) Miller, Gary Womack Conyers Israel Pastor (AZ) Dicks Maloney Sutton Frelinghuysen Mulvaney Woodall Costello Jackson (IL) Paulsen Dingell Markey Thompson (CA) Gallegly Murphy (PA) Yoder Courtney Jackson Lee Pelosi Doggett Matsui Thompson (MS) Garamendi Myrick Young (AK) Critz (TX) Perlmutter Donnelly (IN) McCollum Tierney Gardner Neugebauer Young (FL) Crowley Johnson (GA) Peters Doyle McDermott Tonko Garrett Noem Young (IN) Cummings Johnson (OH) Pingree (ME) Edwards McGovern Towns Davis (CA) Johnson, E. B. Platts Tsongas Ellison McIntyre NOT VOTING—12 DeFazio Jones Polis Engel McNerney Van Hollen DeGette Kaptur Price (NC) Eshoo Meeks Vela´ zquez Davis (IL) Kissell Rangel DeLauro Keating Quigley Farr Michaud Walz (MN) Denham Labrador Schmidt Deutch Kildee Rahall Fattah Miller (NC) Wasserman Filner Moore Visclosky Dicks Kind Reyes Frank (MA) Miller, George Schultz Hinojosa Paul Woolsey Dingell Kissell Richardson

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.046 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1264 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Richmond Scott, David Towns NOT VOTING—11 and families, and to Arkansas’ econ- Rothman (NJ) Sensenbrenner Tsongas Davis (IL) Labrador Schmidt omy. Roybal-Allard Serrano Van Hollen Denham Moore Visclosky Ruppersberger Sewell Vela´ zquez f Filner Paul Woolsey Rush Sherman Walz (MN) Hinojosa Rangel Ryan (OH) Sires Wasserman GAS PRICES Sa´ nchez, Linda Slaughter Schultz ANNOUNCEMENT BY THE ACTING CHAIR (Mr. MURPHY of Connecticut asked T. Smith (WA) Waters The Acting CHAIR (during the vote). and was given permission to address Sanchez, Loretta Speier Watt There is 1 minute remaining. Sarbanes Stark Waxman the House for 1 minute.) Mr. MURPHY of Connecticut. Mr. Schakowsky Sutton Welch b 1837 Schiff Thompson (CA) Wilson (FL) Speaker, as we do here in Congress Schrader Thompson (MS) Yarmuth So the amendment was rejected. every time that gas prices rise, Mem- Schwartz Tierney Young (FL) The result of the vote was announced bers from both sides of the aisle are Scott (VA) Tonko as above recorded. quick to blame each other. The reasons NOES—236 Stated for: we find ourselves with high gas prices Mr. FILNER. Mr. Chair, on rollcall 106, I was Adams Gingrey (GA) Nunes today aren’t simple, and we should be Aderholt Gohmert Nunnelee away from the Capitol due to prior commit- wary of anyone who’s offering an over- Akin Goodlatte Olson ments to my constituents. Had I been present, ly simple, one-stop solution to this cri- Alexander Gosar Palazzo I would have voted ‘‘aye.’’ sis. We can take some steps to try to Amash Gowdy Pearce Mr. HENSARLING. Mr. Chairman, I calm these prices today, but the real Amodei Granger Pence move that the Committee do now rise. Austria Graves (GA) Peterson fixes are going to take years—and a Bachmann Graves (MO) Petri The motion was agreed to. willingness to lower the partisan rhet- Bachus Griffin (AR) Pitts Accordingly, the Committee rose; oric around this issue is going to be Barletta Grimm Poe (TX) and the Speaker pro tempore (Mr. part of the equation. Bartlett Guinta Pompeo FLEISCHMANN) having assumed the One thing we can do now in the short Barton (TX) Guthrie Posey ISHOP Bass (NH) Hall Price (GA) chair, Mr. B of Utah, Acting Chair term is to make sure that our commod- Benishek Hanna Quayle of the Committee of the Whole House ities markets are functioning ration- Berg Harper Reed on the state of the Union, reported that ally. That means empowering Federal Biggert Harris Rehberg that Committee, having had under con- Bilbray Hartzler regulators to ensure that oil prices Reichert sideration the bill (H.R. 3606) to in- Bilirakis Hastings (WA) Renacci can’t be driven simply by financial Bishop (UT) Hayworth Ribble crease American job creation and eco- speculation. We need the Commodities Black Heck Rigell nomic growth by improving access to Futures Trading Commission to en- Blackburn Hensarling Rivera the public capital markets for emerg- Bonner Herger force strong trading limits to police Roby Bono Mack Herrera Beutler ing growth companies, had come to no speculation in energy markets, and we Roe (TN) Boren Himes resolution thereon. Rogers (AL) here in Congress have to give them the Boustany Huelskamp Rogers (KY) resources they need to do that. The Brady (TX) Huizenga (MI) f Rogers (MI) Brooks Hultgren problem we face today isn’t one of sup- Broun (GA) Hunter Rohrabacher HOUR OF MEETING ON TOMORROW ply and demand. Demand is at its low- Buchanan Hurt Rokita est in 17 years. Supply is at its highest Rooney Mr. HENSARLING. Mr. Speaker, I Bucshon Issa ask unanimous consent that when the in 3 years. This is a question of making Buerkle Jenkins Ros-Lehtinen Burton (IN) Johnson (IL) Roskam House adjourns today, it adjourn to sure that speculation isn’t running the Calvert Johnson, Sam Ross (AR) meet at 10 a.m. tomorrow. price up too fast and too quickly. It’s Camp Jordan Ross (FL) The SPEAKER pro tempore. Is there our job to put some speed bumps along Royce Campbell Kelly objection to the request of the gen- the road. Canseco King (IA) Runyan Cantor King (NY) Ryan (WI) tleman from Texas? f Capito Kingston Scalise There was no objection. Cardoza Kinzinger (IL) Schilling GAS PRICES Carney Kline Schock f (Mr. CRAWFORD asked and was Carter Lamborn Schweikert given permission to address the House Cassidy Lance Scott (SC) b 1840 for 1 minute.) Chabot Landry Scott, Austin ARKANSAS CHILDREN’S HOSPITAL: Chaffetz Lankford Sessions Mr. CRAWFORD. Mr. Speaker, as of Coble Latham Shimkus 100 YEARS OF CARE AND SERV- today, the price for a gallon of regular Coffman (CO) LaTourette Shuler ICE TO THE COMMUNITY gasoline in my hometown of Jonesboro, Cole Latta Shuster (Mr. GRIFFIN of Arkansas asked and Conaway Lewis (CA) Simpson Arkansas, is $3.55. Just a year ago, that Cooper LoBiondo Smith (NE) was given permission to address the same gallon of regular gasoline would Costa Long Smith (NJ) House for 1 minute.) have cost $2.96. We’ve all heard the Cravaack Lucas Smith (TX) Mr. GRIFFIN of Arkansas. Mr. news reports that gas could hit a Crawford Luetkemeyer Southerland Speaker, I rise today in honor of Ar- record of $5 a gallon this summer. The Crenshaw Lummis Stearns Cuellar Lungren, Daniel Stivers kansas Children’s Hospital, which is rising cost of gas not only affects my Culberson E. Stutzman celebrating 100 years of service to Ar- constituents at the pump, it will also Davis (KY) Mack Sullivan kansas’ children and families. Since it drive up the cost of good and services. Dent Manzullo Terry DesJarlais Marchant was founded in 1912 as an orphanage, Congress can lower gas prices. We Thompson (PA) Diaz-Balart Marino Children’s has grown to become one of can require approval of the Keystone Thornberry Dold Matheson Tiberi the largest pediatric hospitals in the XL pipeline within 30 days. President Dreier McCarthy (CA) Tipton Nation. Children’s is the only Level 1 Obama’s rejection of the Keystone Duffy McCaul Turner (NY) Duncan (SC) McClintock pediatric trauma center in Arkansas, project will hit working families at the Duncan (TN) McCotter Turner (OH) and they provide care to all 75 coun- pump this summer. The American West Ellmers McHenry Upton ties. For the past 3 years, it has been Walberg is primed for oil shale development to Emerson McKeon included in Fortune’s 100 Best Compa- provide oil and natural gas. The U.S. Farenthold McKinley Walden Fincher McMorris Walsh (IL) nies to Work For. Geological Survey estimates we have Flake Rodgers Webster Medical breakthroughs, intense the equivalent of more than 1.5 trillion Fleischmann Meehan West treatments, unique surgical proce- barrels of oil in Colorado, Utah, and Westmoreland Fleming Mica dures, and forward thinking have led to Wyoming. That’s enough to provide the Flores Miller (FL) Whitfield Forbes Miller (MI) Wilson (SC) Children’s international reputation. United States with energy for 200 Foxx Miller, Gary Wittman This is due to Children’s more than years. Franks (AZ) Mulvaney Wolf 4,000 employees. The Obama administration recently Frelinghuysen Murphy (PA) Womack I congratulate Arkansas Children’s announced plans to restrict offshore Gallegly Myrick Woodall Gardner Neugebauer Yoder Hospital on their contribution to the drilling. After the BP oil spill, strict Garrett Noem Young (AK) health and well-being of our children regulations were put in place to allow Gibbs Nugent Young (IN)

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.031 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1265 for safe, responsible drilling. Now we I have long been a proponent of what When you sit back and you look at need the Obama administration to lift is known as a flat tax. I think that is the progressive Tax Code system that the ban on drilling. something that is worthy of this House we have here in the United States of We are blessed to live in a land with taking up and debating. There is legis- America, we hear a lot of talk today abundant natural resources. We need a lation that has been introduced, H.R. about fairness and fair share and eco- Federal Government that will get out 1040 for people who are keeping score at nomic equality and shared sacrifice. of the way so that we can develop those home, and I think this would be a ra- But one of the things we have to come resources. Not only will these projects tional approach for people who want to to understand is, when you look at the help American families meet our en- be treated fairly by the Tax Code—our top 1 percent of wage earners in the ergy needs, they will also help create President does talk about fairness in United States of America, they’re pay- thousands of jobs in the process. the Tax Code—and for people who are ing close to 40 percent of the Federal f wanting to get out of the tyranny of income taxes. When you consider the having to live with a shoe box full of HONORING CAPTAIN ROBERT C. top 5 percent of wage earners in the receipts every spring, because I know GRANT United States of America, they’re pay- this weekend when I go home, I’m ing close to 58 percent of those Federal (Ms. WASSERMAN SCHULTZ asked going to be spending some time with income taxes. The top 25 percent of and was given permission to address that shoe box of receipts. wage earners in the United States of the House for 1 minute and to revise The flat tax is an idea that was pro- America pay 86 percent of the Federal and extend her remarks.) mulgated by my predecessor here in income taxes. Ms. WASSERMAN SCHULTZ. Mr. this House, the former majority leader, But of course now we’re coming to Speaker, I rise today to honor the Dick Armey. He wrote a book about understand that you have a large per- achievements of Captain Robert C. the flat tax in 1995. I’ve read it, I em- centage of Americans—some say it’s Grant, who has dedicated his life to braced it, and I thought it was some of between 47 to 49 percent—that are pay- serving our Nation and protecting the the smartest economic policy I had ing absolutely nothing in Federal in- residents of south Florida. Captain ever read because I had just lived come taxes. It kind of reminds me, my Grant is retiring after a distinguished through what I described as the Clin- dear colleague, of that movie, ‘‘Ben- career with the United States Coast ton paradox. Hur,’’ when Judah Ben-Hur was sent off Guard Reserve, where he served as the In 1993, President Bill Clinton, in his to be on the Roman galleys. Of course deputy chief of staff of the Seventh first year of office, earned almost an Coast Guard District. the commander came down and he said identical amount of money that I very simply, ‘‘Row well and live, 41.’’ His selfless work has included pro- earned in my medical practice back in viding support to Operation Desert Of course we remember that beating. Texas. Now, when the taxes were filed Well, what happens on that Roman Shield and Desert Storm, assisting in and the reports were given on how relief efforts after the devastating 2010 galley if only 25 percent is rowing? much Mr. Clinton had paid that year, That’s the situation that we have here earthquake in Haiti, and building he returned about 20 percent of his in- strong bonds between the Coast Guard in the United States of America. We come in the taxes that he paid. We had will never get to ramming speed. We and the Cuban and Haitian commu- earned an identical amount. When I did nities of south Florida through dedi- will never fully recover this economy the same calculation on myself, it was so that we can have the capital that is cated public outreach. 32 percent. Why should two people who necessary out there, so that Americans In his capacity as a congressional li- had an identical earning level pay vast- can be able to pay for these exorbitant aison, he was instrumental in this ly different amounts on their income gas prices, so that small business own- body’s work on combating maritime tax? smuggling and other threats. He has The fundamental unfairness of the ers can expand their business. So I think that now is the time to do received numerous military awards and system as it existed—better account- exactly what you are talking about: unit citations, and is capping a career ant, just simply differences in math, Look at fundamental Tax Code reform that has also included service in the why should it account for that type of so that we can eliminate things such as United States Air Force Reserve and discrepancy? the United States Treasury Depart- So this is a concept that I came to the death tax; we can eliminate things ment. Congress and wanted to push. I have such as the dividends tax, which a lot On a personal note, I can’t thank been anxious for this Congress to enter of the seniors that I represent down in Captain Grant enough for his friend- into the debate on fundamental tax re- south Florida and pre-seniors, they de- ship over the years. I know I speak for form. I am somewhat encouraged dur- pend upon those dividends. Why are we my staff as well as the greater south ing the Presidential debates that we’ve having these exorbitant taxes upon Florida community when I say, Cap- heard over the past several months tax? So I think that this is a great oppor- tain Grant, we are all so proud of your that Presidential candidates have been tunity to have this conversation. I am career and your accomplishments, and talking about fundamental tax reform, so honored that you allowed me to you will be sorely missed. Thank you and the President himself has men- stand here and spend some time with for your service. tioned creating increased fairness in you this evening. f the Tax Code. Mr. BURGESS. Well, very good. I INCOME TAX REFORM b 1850 hope the gentleman will stick around. The SPEAKER pro tempore. Under I’m all for that. I think that this is I’ve got a few points I want to make, the Speaker’s announced policy of Jan- one way that this House could enter- but at any point you feel like you want uary 5, 2011, the gentleman from Texas tain at least having the debate and per- to expand upon something, please feel (Mr. BURGESS) is recognized for 60 min- haps provide a way forward for a more free to join back in. utes as the designee of the majority sensible structuring of the payment of We often hear the saying that there’s leader. income taxes in this country. nothing in this world that’s certain ex- Mr. BURGESS. Mr. Speaker, here we I’m so very happy tonight to be cept death and taxes; they’re both un- are 5 weeks from the time that we all joined by another Member. ALLEN avoidable. I will tell you, as a prac- have to file our income taxes—April 17 WEST of Florida has agreed to speak ticing physician for 25 years back in this year. It’s 99 years since this House with us during this hour and share with Texas, sometimes death seems a little enacted the progressive income tax us his thoughts on fundamental tax re- less complicated than our Tax Code. that we now all know by its familiar form. But again, I draw your attention to names that we all use for it. I thought I yield to the gentleman from Florida H.R. 1040. This is an optional flat tax it might be appropriate to spend some (Mr. WEST). bill that I have introduced this year— time this evening talking about our Mr. WEST. Well, thank you, my dear and really for several Congresses now. Tax Code and talking about what colleague, Dr. BURGESS of Texas, for al- It does have a number of cosponsors. might be possible in fundamental re- lowing me to be here and talk about We are yet to get to ramming speed, as form of the Tax Code. the reform of our Tax Code. the gentleman pointed out, but I think

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.116 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1266 CONGRESSIONAL RECORD — HOUSE March 7, 2012 with the additional emphasis that has govern what other Americans are hav- erans housing. It passed this House in been placed on fundamental tax reform ing to pay in their taxes. These individ- July of 2009. I think I voted against it. by the Simpson-Bowles Commission, by uals simply could not comply because I honestly don’t remember. But H.R. the Republican Presidential debates, I it was too complicated. The very indi- 3590 had not one word about health think this is a debate in which the vidual who was in charge of the com- care; it had not one word about taxes. American people are anxious to par- mittee with writing the tax laws found b 1900 ticipate. himself afoul of those same laws. The Here’s an interesting quote, and it’s very head of the U.S. Department of It goes over to the Senate, sits in the so interesting that I had a poster made the Treasury found himself afoul of hopper, gets picked up by the Senate of it. The tax system is so complicated some of the Tax Code because, again, majority leader when he needed a vehi- that even IRS Commissioner Doug he alleged the complexity in the sys- cle to put a health care bill through Shulman has said, ‘‘I find the Tax Code tem. the House. But he knew that it was complex, so I use a preparer.’’ Wow, the So the Tax Code has grown by so fundamentally a tax bill and not a very guy who’s in charge of the whole much since it was introduced some 99 health care bill, so it had to originate shindig cannot do his own taxes, so he years ago. When it was first created in the House of Representatives. has to hire it out. that infamous year, the Tax Code com- So here’s a convenient bill number, So if this learned individual, who is prised a total of 400 pages. As the gen- H.R. 3590. Amend it, strip all the hous- the IRS Commissioner, cannot figure tleman from Florida just mentioned, it ing language out of it, and then you out how to do his own income taxes has grown to almost 70,000 pages. start putting the health care language without a preparer, how in the world is Remember, one of the fundamental in it. That’s how we get a health care the average Joe supposed to be able to tenets of the American legal system, bill that is really a tax bill passed ini- figure this out? I ask that question be- including the tax system, is that ‘‘ig- tially by the Senate and then subse- cause I’ve used this quote for a couple norance of the law is no excuse.’’ quently ratified by the House in March of years. Then last weekend, in The Therefore, theoretically, every single of 2010. Dallas Morning News, I was struck by American who is merely trying to com- It was a dreadful process; and for this quote, an article where just a reg- ply with the law and get their taxes anyone who remembers those days, it ular small business woman was inter- filed by April 17 this year is required to was certainly some pretty dark dealing viewed about how she could possibly be familiar with 70,000 pages of tax from the bottom of the deck, and that’s file her income taxes, which she didn’t rules. why the health care bill has been so understand. She told The Dallas Morn- Now, I don’t do my own taxes. I don’t unpopular. It was unpopular when it ing News reporter: trust myself to do my own taxes. I passed, and it stays unpopular to this I don’t care what the IRS says, it’s com- know I’m not smart enough. With four day. And I hope that we are going to be plicated. It’s much more confusing than I un- college degrees, I couldn’t possibly able to get something done about it, if derstand. We don’t know what we’re going to handle this. But I doubt that even the not this year, then next. do. tax attorney that I employ at great ex- But back to the Tax Code. Twenty- Now, I don’t know what this says to pense is familiar with all 70,000 pages, three new taxes in the Affordable Care you, but it certainly says to me: Time let alone the single mom back in Dal- Act because, again, Congress wants to for a change. las, Texas, that I referenced. punish their enemies or reward their I yield to the gentleman. The complexity of the Tax Code is a friends. Mr. WEST. You bring up a great consequence of countless deductions Well, how do you figure special inter- point, Representative BURGESS. When and exemptions aimed at steering a so- ests like ethanol and the special treat- you look at the fact that we have a Tax cial agenda. That might surprise some ment they get in the Tax Code? Code that is some 67,000 pages—as a people. The Tax Code is used to steer a The results of these actions is a com- matter of fact, the American people social agenda. But it’s supposed to be a pilation of laws fraught with opportu- know that even some of our colleagues Tax Code. nities for, yes, avoiding taxes, but also up here on Capitol Hill in this very So what does that mean? perhaps just simply making a mistake body, the House of Representatives, It means that the special interests or not understanding all of the loop- have had some issues with the Tax are running rampant in the Code. Any holes. And all of this, then, comes Code, also to include our own Sec- time Congress wants to punish or re- down to the expense of fellow Ameri- retary of the Treasury has seemingly ward—we call it incent behavior—we cans. had some issues with the Tax Code and add either a credit or a tax to the IRS Now, everyone’s familiar with the the confusing nature of which it exists. code. An example of this would be the, problems of the Tax Code. We all criti- So, you’re right, I think it’s an abso- say, 23 new taxes that were included in cize it. It’s almost like an American lutely important time that we go back the Affordable Care Act. pastime to do that. But here are some and we examine this Tax Code, maybe Let me pause for just a minute. I get interesting facts that further dem- move away from this progressive Tax a lot of criticism from people who say: onstrate why we need fundamental tax Code system and simplify it for the You’re a doctor. You should have been reform. American people. for health care reform. But the bill Mr. WEST. And if I can, my col- As you know, if we can bring those that was signed by the President 2 league. rates down, if we can lower the deduc- years ago this March was not a health Mr. BURGESS. I yield to the gen- tions, if we can get rid of a lot of the care bill; it was a tax bill. tleman from Florida. loopholes on the personal income tax Now, how do I know that? Mr. WEST. I’d like to talk about one side and also the corporate tax side, I know that because, of course, the of the things you just mentioned, how think about what we can do for gener- House passed its own bill on health re- we are using the Tax Code as a weapon ating economic growth here in Amer- form, but when the Senate passed a bill for behavior modification. You just ica. on health reform, it wasn’t the bill the brought up exactly one of the things Mr. BURGESS. I think the result House had worked on. It was not H.R. we have to be very concerned about is would be absolutely outstanding. One 3200. H.R. 3200 passed in this house No- all of the new taxes that will kick in in of my wishes is that I live long enough vember 9, 2009, and it immediately the Patient Protection and Affordable to see that glorious day when the went to the dustbin of history. The bill Care Act from January 2013 out to Jan- chains are taken off the American that ultimately became the Affordable uary of 2018. One of those taxes even in- economy, the chains imposed by the Care Act was called H.R. 3590, and it cludes a real estate transaction tax. Tax Code. passed the Senate famously on Christ- Now, why would we tax people for I actually wasn’t going to bring up mas Eve. going out and selling homes and pur- some of our esteemed heads of Federal Oh, wait a minute. It was the Senate. chasing homes? agencies, even the esteemed heads of Why was it a House bill number? Inter- Those are the types of hidden things congressional committees last year estingly, H.R. 3590 started life as a that you find in that bill, and that’s charged with writing the laws that housing bill, a bill to deal with vet- why we need to come back and simplify

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.118 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1267 this Tax Code so that we don’t have Mr. WEST. One of the pieces of legis- Taken together, this is a strong pre- politicians using it for a certain ideo- lation that we are currently consid- scription for real change in our Tax logical agenda. ering is how do we spur on capital for Code. And the good news is we know it But there’s another unintended con- our small businesses. Now, think about works. We’ve seen it before. We caught sequence that I see occurring down in what you are recommending, Dr. BUR- a glimpse of it in 1986 when Ronald our district because of this very com- GESS, where you look at the personal Reagan cut the Code in half. As a re- plicated Tax Code. Now, you have income tax rate. And right now we sult of that reform, the economy grew, many different shady typed of opera- have this progressive Tax Code system. revenues increased, jobs were created. tors out there that are talking about What if we were to flat tax that out? I can’t think of a better prescription how they will help prepare that Tax One single rate? for our economy than replicating the Code. Think what that would do for small reform of the Tax Code on an even You know, when you drive by and businesses who operate from that per- greater scale. you see the person spinning the arrow, sonal income tax rate, subchapter S So what to do? To me, the prescrip- or dressed up like the Liberty Bell, or and LLCs. Think about the fact of how tion is very simple. Flatten the tax, something of that nature. And now they go from being at the top end, broaden the base, shift the burden we’re finding that many of these places maybe 35, 38 percent of that bracket. away from families and small busi- are rampant with tax fraud, that peo- Now we bring it down a little bit lower, nesses. Simplify the Tax Code and ple are not getting their tax returns like you suggest in 1040. make it easier for businesses and fami- back. What happens with that capital now lies to use. Now think about, just as you have we’ve put back in their pockets? What Now, even the National Taxpayer Ad- recommended, a simplified Tax Code. can they do with those small busi- vocate, Nina Olson, repeatedly states Think about what is happening with nesses? What can they do with pro- simplification of the Tax Code as one tax fraud that is targeting our seniors viding the right types of benefits for of her recommendations to her annual so that now you have people that are their employees? What can they do to report to Congress. In 2009 she was going trying to file their tax form and expand that business? quoted as saying, the complexity of the That’s why what you’re bringing up they are finding out that someone has Code leads to perverse results. On one is one of the critical things we have to already done it under their presumed hand, taxpayers who honestly seek to look at if we are truly going to turn identity. If we could simplify this, a lot comply with the law can make inad- around the economic situation here in of those unintended consequences vertent errors, causing them to either would not be happening. America. Mr. BURGESS. Well, they might overpay their tax, or to become the Mr. BURGESS. That’s absolutely subject of an IRS enforcement action correct. spend it on goods and services produced by other Americans, which would help for mistaken payments of tax. On the Here’s a few fun facts that I’ve com- other hand, sophisticated taxpayers piled over the years on the income tax their businesses; or they might rein- vest it in their own business and per- often find loopholes that enable them code. Each year, America spends 6.1 to reduce or eliminate their tax liabil- billion hours preparing their tax form. haps hire a new person, even with the threat of the health care act hanging ity. It turns out that’s 254 million days. over their heads. Now, look, this is the National Tax- Who knew? The Tax Foundation estimated in payer Advocate, and she thinks it’s The cost of compliance for Federal 2007 that the average person spends 79 best for our constituents if we simplify taxpayers filling out their returns and days working to pay their Federal the system. So it makes sense for related chores was $163 billion in 2008. taxes, another 41 days for their State Members of Congress to take up that That’s 11 percent of all income tax re- and local taxes. To pay the Federal sentiment and work toward that goal. ceipts. Think about that just for a mo- taxes is more than people pay in health Mr. WEST, I can assure you your con- ment. We could have an 11 percent in- care, housing, and transportation. stituents and my constituents already crease in revenue to the Federal Treas- You can kind of see the return on in- know that. ury if these costs were not incurred. vestment for those other areas, but I’m Mr. WEST. You’re absolutely right. The Tax Code has grown so long that not quite sure that people see the re- Our constituents back in south Flor- it’s become challenging even to figure turn on investment as they’re forced to ida—and of course we get a lot of email out how long it is. A search of the Tax pay their Federal income taxes. We all from all across the country, and, hope- Code in 2010 turned up 3.8 million complain about paying taxes; but the fully, we’ll get some of that email to- words. A 2001 study published by the fact is, if the system was fair and sim- morrow after this Special Order—but Joint Commission on Taxation put the ple, it would be easier to take. they understand a single flat rate. number at 1.3 million words. A 2005 re- Now, Americans don’t mind paying All flat tax proposals have a single port put the number of words had al- for roads. They don’t mind paying for a rate, and usually that single rate is most tripled since 1975. Such is the strong defense or for health care. But if less than 20 percent. That low flat rate pace, the rate, at which new regula- the family who lives next door is pay- solves the problem of a high marginal tions are being added. ing a smaller share of the tax burden tax rate by reducing those penalties A study done in 1998, when the forms than you, living right next door, are against productive behavior such as were even less complicated, was sur- forced to pay at a higher rate just be- work and risk-taking and entrepre- veyed by 46 tax experts. They kind of cause they have a better accountant, neurship. ran some hypothetical numbers on a that simply doesn’t make sense to peo- b 1910 hypothetical earning, and each expert ple. came up with 46 different answers from The Declaration of Independence Also, you eliminate a lot of those 46 tax experts when determining tax li- states that all men are created equal, special preferences because flat tax ability. The calculations ranged from a and I believe that should apply to our proposals would eliminate provisions of low of $34,000 to a high of $68,000. The Tax Code. the Tax Code that bestow preferential one who directed the test even stated Time is precious. All of us don’t have tax treatment on certain behaviors and that his computation is not the only enough time to do all of the things activities. Guess what? It reduces that possible correct answer. And yet we are that are in our daily living. We’ve got influence of lobbyists up here that you asking our fellow Americans, our fel- to earn a living, raise our family, dis- already talked about. low citizens, to make this same type of cipline our kids, spend time with When you get rid of deductions or leap of faith every year when they fill friends. lower those deductions, credits, exemp- out these forms. And then the dollars-and-cents side tions, and other loopholes, that also They don’t want to be non-tax com- of the equation, where time is money, helps to solve the problems of com- pliant. They don’t want to be perhaps valuable resources are squandered plexity, allowing taxpayers to file their afoul of the law. But the problem is it navigating the tax laws instead of tax returns on that one simple form. is so complicated that they literally growing the economy and instead of That’s why H.R. 1040 is a great step for- have no choice. creating jobs. ward.

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.120 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1268 CONGRESSIONAL RECORD — HOUSE March 7, 2012 Mr. BURGESS. Just a few years ago, be a tremendous deliverable for the By taxing income only one time, a a group called American Solutions con- House and the Senate to work together flat tax is far easier to enforce and ducted a nationwide poll on different on simplifying the Tax Code and actu- more conducive to the one thing that topics relating to the Tax Code and on ally returning not just dollars to the we need in the United States of Amer- taxes and jobs. They crossed gender, American people, but giving them back ica right now: job creation and capital ethnicity, economic, and party lines their time that we rob from them every formation. It’s all about having the and discovered the following inter- year when we enforce compliance with right type of tax policies that emanate esting facts about America: the Tax Code. out of this body, the House of Rep- The majority of people in America, 69 Not everyone may agree on precisely resentatives, and that’s why we have to percent to 27, think the American tax where the flat tax rate should be. Sev- get behind your proposal. system is unfair; enteen percent, no deductions, is some- Mr. BURGESS. According to H&R A majority believe that the death tax thing that’s been talked about for some Block, which is one of the major pre- should be abolished, 65 percent; time. I think that is certainly a system parers of income taxes in this country, A majority favor tax incentives for that is worthy of study. But if someone now 60 percent of Americans use some companies who keep their headquarters else wants to talk about a system with type of preparer for their income tax in the United States of America, 70 to two or three rates or if they want to return, and quite likely that number is 26; maintain deductions, we should be able going to increase. In 1960, less than a Taxpayers should be given the option to have that debate. We should have it fifth of taxpayers used tax preparers. of a single income tax rate of 17 per- civilly. It shouldn’t be something that In 2011, H&R Block garnered $3 billion cent; we clobber each other over the head in tax preparation revenue, up from Taxpayers would still have the op- about. $1.5 billion, so they doubled in the pre- tion of filing their taxes in the current But every American should bear this vious 10 years. system if they chose to do so. That was burden equally at the lowest rate pos- I’ve got nothing against this com- a 61 percent favorable; sible, and everyone should be able to do pany. I think they do a good job. I’ve The option of a single-rate system their taxes without the help of a pro- got nothing against my own account- should give taxpayers the convenience fessional. People should be confident ant. But it’s an indictment of our sys- of filing their taxes on a single sheet of that when you earn the same income as tem when a tax preparer has seen their paper. Guess what. That one was 82 per- the person across the street, you pay revenues increase so much, and it real- cent of our constituents believe, our the same income taxes at the end of ly is a shame. fellow Americans, believe they should that year. The United States Congress has it be able to file their Federal income Just by way of comparison, according within their power to change this, to taxes on a single sheet of paper. to the Internal Revenue Service, there transform this, and they simply will America has spoken. The evidence is are 1.2 million tax professionals pre- not do it, and instead they continue to clear, and we need real change in our paring taxes during the tax season, create a system that is so complicated tax system. The encouraging news is which is roughly equal to the popu- that more than half of the public feel that we do have a practical and effec- lation of the State of Hawaii. the need to pay someone else just what tive blueprint for making this change There are 950,000 doctors in the they owe at the end of the year to across the board. The blueprint, of United States. Now, as a physician, I Uncle Sam. course, is the flat tax. think this number is off; it’s askew. I will tell you, it just simply does not In 1981, Robert Hall proposed a new Healers should not be outnumbered by have to be this complicated. Let me and radically simple structure that tax preparers. It makes no sense. More show you what is possible if we were to would transform the Internal Revenue people should go into medicine and less transform the system into a simple, Service and our economy by creating a into tax preparation, and it will pro- single-rate tax. single rate of taxation for all Ameri- vide them the simplicity in the Tax Here is the form. This is not the long cans. Today, several States with their Code. Perhaps that can happen. form. It’s not the short form. It is sim- State income taxes have implemented But let’s also be honest. The account- ply the tax form. Maybe someone at single-rate tax structures for their ants who do your taxes would much home should time me, But here you go: State income taxes. From Utah to Mas- rather be talking to you about your Write in your name, a little bit of sachusetts, citizens are seeing the ben- long-term life planning, your planning identification data, your income, a line efit. In Colorado, a single tax rate gen- for your retirement, your planning for for personal exemptions, calculate your erated so much income that the rev- covering expenses if you become dis- deductions from your personal exemp- enue—that lawmakers were actually abled; they would much rather talk to tions, your taxable income, and cal- able to reduce rates. In Indiana, the you about life planning than they culate your tax by multiplying by a economy boomed after a single rate would talk to you about how they dis- flat rate, subtract the taxes already went into effect in 2003, and the fol- rupt your life with the Tax Code. withheld, and you’re done. lowing 3 years the corporate tax re- I yield to the gentleman from Flor- So what did that take? Thirty sec- ceipts rose by 250 percent. ida. onds, a minute if you write slow? Here in Congress, there is no short- Mr. WEST. Thank you once again, This is not a complicated formula. age of champions who’ve worked on the dear colleague. You bring up a great This is not a complicated scheme, and problem. I’ve been involved in this for point when you talk about your after most people would be able to do this a number of years, but prior to my years, your retirement years. themselves without a lot of outside coming here, Congressman DAVID But I think another thing we need to work or outside preparation. So no DREIER of California, the chairman of be considering is: How do we spur on more tax preparation bills, no more tax the Rules Committee, has spent a num- investment in the United States of attorney bills. Gone are the hours of ber of years working on this concept. America? How can we spur on innova- stressful research trying to figure out PAUL RYAN, our budget chairman, tion and ingenuity? When you look at things like how your marital status PAUL RYAN of Wisconsin, chairman of the flat tax, then you can get rid of will affect your return or how many the Budget Committee, has worked on double taxation of savings and invest- children affect your return. No more this problem for a long time. MIKE ment, because flat tax proposals would headaches in trying to determine PENCE of Indiana, who was our con- eliminate the Tax Code bias against where the estimated tax payments go. ference chair last term, of course my capital formation by ending the double No more Congress picking one group friend ALLEN WEST of Florida, all taxation of income that is saved and over another just because they’ve got a working to establish a simple tax rate invested. clever lobbyist to advocate on their be- structure for our country. This means that we get rid of the half. Instead, we just deliver a simple Other Members are working on this death tax. We can get rid of capital system to the American people. in the Senate as well. And let’s be hon- gains tax. Definitely, we can reduce it. Now, as you have said, a single-rate est: This is a time where Congress is Most importantly, we get rid of the structure would eliminate the taxes on not held in high regard, and this would double tax on dividends. capital gains, taxes on dividends, taxes

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.122 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1269 on savings. Those things should only be cept a single flat-rate tax, and I am you’ve been doing, or you can evolve taxed one time. Personal savings would going to give up those other deduc- and come into the promised land of a increase. tions. flat tax and give up that shoebox full of It should be your option. It should b 1920 receipts. The important thing here is not be the United States Congress that it’s your choice; it’s your option. I will never forget the time during is dictating to each and every Amer- Now, I will say that once you opt the prior recession in this country—the ican what they shall and shall not do. into the flat tax, you can’t go back and savings and loan debacle, the melt- If you have constructed your life by forth into the Code and out of the Code down. I was in solo practice in Texas, living around the IRS code, then you depending upon what kind of year you and I got worried at one point that I should be able to continue doing that. have and what kind of investments you was not going to be able to meet my If that is the reason by which you’ve make. Once you make the decision to obligations. As we emerged from that made economic decisions in your life, go into the flat tax, there you’ll stay. and as cash flow picked up a little bit, you should be able to live by those de- I fully believe that, even though some I thought, you know, I am going to cisions. Congress should not be disrup- people might not do as well under a keep money in certificates of deposit, tive in this process. flat tax system, because it is so much enough to cover 3 months of operating I, personally, would give up all of the simpler and because it returns time to expenses so that I’ll never again have itemized deductions that I keep in their lives, they will opt for this; and to worry about the dire wolf being at order to get rid of having to keep up as a consequence, we will see the num- the door. So I did that, and I kept that with those itemized deductions. Would ber of people participating in the IRS money there for a couple of years. I still give money to charity? Abso- Code dwindle down to an ever-smaller What I found out by doing that ma- lutely. Would I still turn stuff over to number until, one day, it just vanishes neuver is that when that money even- the Salvation Army and to Goodwill? under its own weight and the country tually returned to the partnership and Absolutely. It’s no fun keeping up with is completely freed from the tyranny of was distributed to the partners, we had those things and then having to report the IRS Code. paid corporate taxes on it at 38 per- them to my accountant, and I always Mr. WEST. You’re absolutely right. cent, and then we had paid personal in- worry that I’ve left something off and I think the most important thing we come taxes at 39.6 percent because we that I’m not getting all that’s owed to have to come to understand is that this were all doing pretty well by that time. me off of my income tax return. time belongs to the American people. Needless to say, my partners were not I would so much rather have a sys- The money, the resources, belongs to amused by the fact that I had conjured tem that was simple and with which, the American people. Let’s give them up a scheme that I had thought would within a few hours every spring, I could the option to do what is best for them save us from ruin but that, in fact, ex- be done. The United States gets its in their lives—the option of going to a posed us to double taxation under the money. I get the satisfaction of know- flat tax or staying in the current pro- IRS code. ing I’ve done it correctly, that I’m not gressive Tax Code system with the op- Mr. WEST. You’re absolutely right. going to jail for some perceived mis- tions of the mortgage interest tax de- When you think about last year, our construction on the Tax Code, and that duction, the child tax credit, charitable GDP growth over the four quarters of no others have gotten a better deal contributions, as we reduce those de- about .4 percent, 1.0 percent, 1.3 per- than I have because they were more ductions. cent, and the revised number in the clever about how they declared those But let’s start treating the American last quarter of 3 percent, that’s why, charitable deductions, for example. people as adults. The key thing that once again, economists will tell you Let me give you an example of the has to accompany this is we have to re- that the two principal arguments for a mortgage tax deduction, because I do duce the size and scope of government flat tax are growth and fairness, which have a lot of friends who are in the real as well because, as we start to focus you just brought out. estate business, and they’re concerned more so on Main Street, as we start to They are attracted to this idea be- about losing that home mortgage de- focus more so on the hardworking cause the current tax system, with ex- duction. It’s one of the bedrocks on American taxpayers and what’s best orbitantly high rates and discrimina- which the economy has been built over for them, then we can have that invest- tory taxation on savings and invest- the years: ment at their level. We can have the ment, reduces growth; it destroys jobs If you have invested in a starter cas- growth at their level. and it lowers incomes. A flat tax would tle in California and if your house pay- One of the things that really does not eliminate the damaging impact of ments are largely of interest and not trouble me is that when you drive taxes altogether; but by dramatically much of principal, you probably don’t around Washington, DC, you see a lot lowering rates and by ending the Tax want to do this because that number is of construction cranes. Business is Code’s bias against savings and invest- likely very high; but if you live in Fort good up here, which means that there ment, it would boost our economy’s Worth or San Antonio, Texas, where are fewer pockets of the hardworking performance, especially when we com- the average home mortgage is much, American workers, that there are fewer pare it to the present Tax Code. much smaller, if you do the numbers, if pockets of the small business owners; I think, Dr. BURGESS, my dear col- you run the numbers, you’ll find that and this is the means by which we league, if you look at where flat taxes the amount of money you actually get unlock that entrepreneurial spirit that have been instituted, you’ve seen GDP to keep from that mortgage income tax will grow this economy. growth in those countries. So what deduction is actually fairly modest. So that’s why I hope that, in this holds us back from doing something I would give that up in a heartbeat to Congress, which is one of the reasons I that is just common sense? be out from under the tyranny of the came here, we do those big reforms Mr. BURGESS. The country of Esto- shoebox full of receipts, but I fully un- that show the American people that nia was a case in point a few years ago derstand how some families have made we’re serious about turning this econ- when they reported on their experience the decision. A home is a pretty impor- omy around and that we’re serious with the flat tax. tant investment. After all, I get to about creating the right type of poli- I think this is a good system, but do write off the cost of the mortgage cies that set the conditions for job cre- you know what? I am willing to admit home deduction, so I will make this in- ation. to you that I do not know the best for vestment in this size of a home. It Mr. BURGESS. Our time here has al- every family in America. Some people would be wrong for the United States most concluded. would criticize this system by saying, Congress to say, as of next year, you The gentleman is exactly right. All Well, wait a minute. I need that in- don’t get to do that anymore. The real of the improvements in the Tax Code come tax deduction for my home mort- estate market has already suffered, and really become meaningless if we don’t gage. I need that income tax deduction it would suffer worse if Congress were reduce the size and scope and the foot- for charitable donations. That may be to make a sudden decision like that. print of the Federal Government. right; but I do know this, that you So make it optional. You can either You’re right about the cranes that are should have the option of saying, I ac- stay in the Code and keep doing what all over town. But after those buildings

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.123 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1270 CONGRESSIONAL RECORD — HOUSE March 7, 2012 are built, let’s be honest in that the this: We’re talking about economic I had my right ovary removed shortly after money invested in the Federal Govern- freedom for the American people, as I turned 18 due to a large cyst that not only ment doesn’t really produce all that opposed to economic dependency upon threatened my fertility, but I was told if it much, does it? We don’t make things government. This incredible, exorbi- grew any larger it could burst and also threaten my life. My left ovary also had mul- here during the day other than laws tant system that we have, it is complex tiple smaller cysts, but they were able to be and regulations that interfere with to the point where it is causing more removed while leaving the ovary intact. other people’s lives. We need to have pain for the American people and caus- My doctor said I was one of the youngest this government smaller and more ing them to have the freedom that they with such a problem, and the cyst was so manageable. deserve. large it was sent to be researched. Before I We talk a lot about transparency, Mr. BURGESS. Mr. Speaker, of was even sexually active I was prescribed and I think transparency is good. The course, I know I must direct my com- birth control pills to preserve my remaining problem is you have something that is ments to you. April 17 is coming up. ovary and to take my fertility beyond the age of 18. so complex, like the IRS Code, that It’s rapidly approaching. I know people are focusing and will begin to focus It saddens me to no end that some people even though you may have the ability don’t understand the many uses and life- to look inside it, you won’t know what more and more on this issue for what saving abilities of birth control. I hope to be you’re finding when you get there. If remains of the month of March and the a mother someday, a darned good one, and I you have a system that’s as simple as first couple of weeks of April, because thank you for standing up for women like this, people are able to know what they’ll be having to arrange their own me. their government is costing them and taxes, deal with their own shoe boxes Well, I want to thank Annalisa for what they are getting from that bond full of receipts. her bravery and sharing her story with with the government. This is the time to make the point me and allowing me to share it to- If they didn’t like that equation, that it is time to return time and night. But Annalisa is not alone. Her they could change. They could change money to the American people. Let’s story is the story of thousands of their Members of Congress; they could get behind the flat tax. women around the country whose I yield back the balance of my time. change their Senators; they could health relies on contraception. We will change their President. That’s the f hear more stories like Annalisa’s to- beauty of living in the representational SPEAK OUT FOR WOMEN ACROSS night. Republic that we all know and love AMERICA But I hope that the next time we en- here in the United States of America, The SPEAKER pro tempore (Mr. FLO- gage in a debate about restricting ac- and it is the thing that, arguably, has RES). Under the Speaker’s announced cess to contraception, we remember made us great—government with the policy of January 5, 2011, the gen- Annalisa and women like her, and we consent of the governed. Wouldn’t it be tleman from Illinois (Mr. QUIGLEY) is remember that for thousands of great if that governed knew just ex- recognized for 60 minutes as the des- women, contraception is not a question actly what it was costing them, and ignee of the minority leader. of religion but a question of life and then perhaps they could find out where Mr. QUIGLEY. Mr. Speaker, it’s an death. those dollars were going. honor to be here tonight to speak out In addition to non-contraception I mentioned earlier that Budget Com- for women across America who rely on health benefits, the contraception ben- mittee Chairman PAUL RYAN has called contraception for their health and efits of birth control cannot be under- for broadening the base and lowering well-being. I want to emphasize the stated. The simple fact is millions of the rates. Obviously, I want to work to- world ‘‘health’’ because at it’s heart women use birth control to delay or gether with him. Ways and Means that’s what this debate is all about. avoid pregnancy. Chairman DAVID CAMP has promoted There has been a great deal of discus- According to the American College of the simplification of the Tax Code. The sion about religion in this debate, but Obstetricians and Gynecologists: President, himself, through the we want to use tonight to remind pol- A full array of family planning services is Bowles-Simpson Commission, talked icymakers and Americans everywhere vital for women’s health, especially for the about it. Whatever the tax proposals what’s really at stake when we talk two-thirds of American women of reproduc- are that we look to in the future, we about contraception, and that’s the tive age who wish to avoid or postpone preg- need to remember that a flat-tax sys- health and well-being of millions of nancy. tem could be less costly, saving the women and their families. Nearly half of all pregnancies in the taxpayer over $160 billion a year, re- Ninety-nine percent of sexually ac- U.S. are unintended, and unintended ducing tax compliance costs by over 90 tive women have used contraception, pregnancies can have serious health percent, with a resulting increase in including 98 percent of sexually active consequences for women. For example, personal savings. Catholic women. More than half of for some women with serious medical Here you go. How about a debt-free women between the ages of 18 and 34 conditions such as heart disease, diabe- stimulus package, a gift to the Amer- have struggled to afford contraception. tes, and high blood pressure, a preg- ican people, that could have an imme- It’s also important to recognize 28 nancy could be life threatening. diate effect on the American economy. States already require contraception Children born from unintended preg- American Solutions looked into this coverage, and 57 percent of Catholic nancies are also at greater risk of poor question in 2009: 80 percent of Ameri- voters support the new policy requiring birth outcomes such as congenital de- cans favor an optional one-page tax contraception coverage. fects, low birth weight, and pre- form with a single rate. Who could But today we want to move beyond maturity. According to the National complain about making something statistics and tell human stories, the Commission to Prevent Infant Mor- easier? And we’ve got 70,000 pages of stories of women all across America tality, 10 percent of infant deaths could the Tax Code and more on the way this who rely on contraception for a variety be prevented if all pregnancies were December when we get through with of vital health needs. Tonight I just planned. the so-called ‘‘lame duck session.’’ I want to share one of many stories I I want to share another story of a don’t know about you, Mr. WEST, but it have received from women in my dis- young woman named Katy from my scares me half to death to think about trict. The story I want to share is from home State of Illinois. Katy, like mil- what’s coming at the end of this year. a young woman in my district in Chi- lions of women across the country, cur- The current process comes at a cost cago named Annalisa. Annalisa was so rently relies on contraception because that’s way too high for the American moved by the story of the young she is pursuing her career and wants to people and that costs way too much woman from Georgetown who was de- do so without getting pregnant. Here’s time. nied contraception to treat her ovarian what Katy wrote: b 1930 cyst, she wrote me this letter: Birth control is important to me person- I would like to applaud your decision to ally because I am a 23-year-old medical stu- Mr. WEST. Thank you so much to my walk out of the one-sided talk about birth dent who would be distraught if I became colleague from Texas, Dr. BURGESS, control coverage. I have a similar story to pregnant. Don’t get me wrong, I love chil- and I think the seminal argument is that of the rejected witness’ friend. dren and dream of the day that I can become

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.125 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1271 a mother. That time isn’t when I have $81,000 a basic health service already utilized Protection Agency, transmitting a letter re- in medical school debt after just 2 years of by the vast majority of American garding special account funds; to the Com- medical school. That time isn’t when I study women. mittee on Energy and Commerce. 5199. A letter from the Director, Regu- for most hours of the day. That time isn’t I hope we can work together to ex- when I have no job, and my only source of latory Management Division, Environmental ‘income’ is the overpayment checks I receive pand important investments in family Protection Agency, transmitting the Agen- for my financial aid. planning such as title X and Medicaid. cy’s final rule — Revisions to the California Birth control is important to me because I And I hope we can move forward with State Implementation Plan, Joaquin Valley can’t be a mother right now but want to the important new rule requiring cov- Unified Air Pollution Control District [EPA- have the option in the future. Birth control erage of contraception, to empower R09-OAR-2011-0761; FRL-9501-6] received Feb- gives me the option to retain a somewhat women, improve health, save lives, and ruary 7, 2012, pursuant to 5 U.S.C. normal intimate life with my partner of 8 reduce abortions. 801(a)(1)(A); to the Committee on Energy and Commerce. years while still protecting my dreams of a Mr. Speaker, I yield back the balance future in medicine. That future would be ex- 5200. A letter from the Director, Regu- tremely hard to obtain with an infant to of my time. latory Management Division, Environmental care for. f Protection Agency, transmitting the Agen- Contraception has transformed our cy’s final rule — Air Quality Designations LEAVE OF ABSENCE for the 2010 Primary Nitrogen Dioxide (NO2) society by allowing women like Katy By unanimous consent, leave of ab- National Ambient Air Quality Standards to take their own health and their own sence was granted to: [EPA-HQ-OAR-2011-0572; FRL-9624-3] (RIN: future into their own hands. Women 2060-AR06) received February 7, 2012, pursu- Mr. DAVIS of Illinois (at the request have the power to decide when and how ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Ms. PELOSI) for today after 4 p.m. many children to have, which has al- on Energy and Commerce. and the balance of the week. lowed them to pursue successful ca- 5201. A letter from the Director, Regu- Ms. MOORE (at the request of Ms. reers and enter the workforce like latory Management Division, Environmental PELOSI) for today and the balance of Protection Agency, transmitting the Agen- never before. the week on account of a family med- cy’s final rule — Approval of Air Quality Im- But in the end, this is not about work ical emergency. plementation Plans; Maryland; versus home life. This is about empow- Preconstruction Permitting Requirements ering women to decide for themselves. f for Electric Generating Stations in Maryland Birth control lets women choose their SENATE BILL REFERRED [EPA-R03-OAR-2011-0623; FRL-9628-7] re- own life paths, and that’s why it is ceived February 7, 2012, pursuant to 5 U.S.C. A bill of the Senate of the following 801(a)(1)(A); to the Committee on Energy and vital that we protect it. title was taken from the Speaker’s I also want to remind opponents of Commerce. table and, under the rule, referred as 5202. A letter from the Director, Regu- contraception coverage that contracep- follows: latory Management Division, Environmental tion prevents abortion. Nearly half—49 Protection Agency, transmitting the Agen- percent—of pregnancies in the U.S. are S. 1886. An act to prevent trafficking in counterfeit drugs, to the Committee on the cy’s final rule — Approval and Promulgation unintended, and 42 percent of unin- Judiciary. of Implementation Plans; Alabama, Georgia, tended pregnancies end in abortion. Al- and Tennessee: Chattanooga; Particulate f though abortion and contraception are Matter 2002 Base year Emissions Inventory one degree removed, it is easy to see ENROLLED BILL SIGNED [EPA-R04-OAR-2011-0084-201167(a); 9628-2] re- ceived February 9, 2012, pursuant to 5 U.S.C. that increased use of contraception Karen L. Haas, Clerk of the House, 801(a)(1)(A); to the Committee on Energy and will reduce unintended pregnancies reported and found truly enrolled a bill Commerce. and, therefore, reduce abortion rates. of the House of the following title, 5203. A letter from the Director, Regu- The data shore this up as well. Ac- which was thereupon signed by the latory Management Division, Environmental cording to a study published in the Speaker: Protection Agency, transmitting the Agen- American Journal of Public Health, the cy’s final rule — Approval and Promulgation H.R. 4105. An act to apply the counter- of State Plans for Designated Facilities and recent decline in pregnancy rates vailing duty provisions of the Tariff Act of amongst American teens ‘‘appears to Pollutants; State of Florida; Control of 1930 to nonmarket economy countries, and Large Municipal Waste Combustor (LMWC) be following the patterns observed in for other purposes. Emissions From Existing Facilities; Correc- other developed countries, where im- f tion [EPA-R04-OAR-2010-0392(a); FRL-9628-6] proved contraception use has been the ADJOURNMENT received February 7, 2012, pursuant to 5 primary determinant of declining U.S.C. 801(a)(1)(A); to the Committee on En- rates.’’ Mr. QUIGLEY. Mr. Speaker, I move ergy and Commerce. Teen pregnancy is at a 30-year low, that the House do now adjourn. 5204. A letter from the Director, Regu- due in large part to increased contra- The motion was agreed to; accord- latory Management Division, Environmental ingly (at 7 o’clock and 42 minutes Protection Agency, transmitting the Agen- ception use. Another recent study cy’s final rule — Disapproval and Promulga- found that California’s family-planning p.m.), under its previous order, the tion of Air Quality Implementation Plans; program averted nearly 300,000 unin- House adjourned until tomorrow, Montana; Revisions to the Administrative tended pregnancies, 100,000 abortions Thursday, March 8, 2012, at 10 a.m. Rules of Montana — Air Quality, Subchapter and 38,000 miscarriages. f 7, Exclusion for De Minimis Changes [EPA- Finally, a Guttmacher Institute R08-OAR-2011-0100; FRL-9495-9] received Feb- EXECUTIVE COMMUNICATIONS, study of nationwide family planning ruary 7, 2012, pursuant to 5 U.S.C. ETC. programs found similar reports. Ac- 801(a)(1)(A); to the Committee on Energy and cording to Guttmacher: Under clause 2 of rule XIV, executive Commerce. communications were taken from the 5205. A letter from the Director, Regu- Publicly funded contraceptive services and latory Management Division, Environmental supplies help women in the U.S. avoid nearly Speaker’s table and referred as follows: Protection Agency, transmitting the Agen- 2 million unintended pregnancies each year. 5196. A letter from the Director, Regu- cy’s final rule — Modification of Significant In the absence of such services—from fam- latory Management Division, Environmental New Uses of Tris Carbamoyl Triazine [EPA- ily planning centers and from doctors serv- Protection Agency, transmitting the Agen- HQ-OPPT-2011-0108; FRL-9330-6] (RIN: 2070- ing Medicaid patients, estimated U.S. levels cy’s final rule — Indoxacarb; Pesticide Toler- AB27) received February 7, 2012, pursuant to of unintended pregnancy, abortion and unin- ances [EPA-HQ-OPP-2011-0578; FRL-9336-7] 5 U.S.C. 801(a)(1)(A); to the Committee on tended birth would be nearly two-thirds received February 7, 2012, pursuant to 5 Energy and Commerce. higher among women overall, and nearly U.S.C. 801(a)(1)(A); to the Committee on Ag- 5206. A letter from the Director, Regu- twice as high among poor women. riculture. latory Management Division, Environmental There can be no denying that contra- 5197. A letter from the Secretary, Depart- Protection Agency, transmitting the Agen- ception prevents abortion. This means ment of Defense, transmitting Report to cy’s final rule — Revisions to the California abortion opponents should be bol- Congress on the Review of Laws, Policies and State Implementation Plan, California Air Regulations Restricting the Service of Fe- Resources Board — Consumer Products stering contraception programs, not male Members in the U.S. Armed Forces; to [EPA-R09-OAR-2011-0800; FRL-9609-7] re- banning them. the Committee on Armed Services. ceived February 7, 2012, pursuant to 5 U.S.C. We should be able to find common 5198. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and ground on the issue of contraception— latory Management Division, Environmental Commerce.

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K07MR7.126 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1272 CONGRESSIONAL RECORD — HOUSE March 7, 2012 5207. A letter from the Secretary, Depart- the areas included in Indian Peninsula Unit H.R. 4158. A bill to confirm full ownership ment of the Treasury, transmitting as re- FL-92 and Cape San Blas Unit P-30 in Flor- rights for certain United States astronauts quired by section 401(c) of the National ida; to the Committee on Natural Resources. to artifacts from the astronauts’ space mis- Emergencies Act, 50 U.S.C. 1641(c), and sec- By Mr. SOUTHERLAND: sions; to the Committee on Science, Space, tion 204(c) of the International Emergency H.R. 4151. A bill to provide for the convey- and Technology. Economic Powers Act, 50 U.S.C. 1703(c), a ance of a small parcel of Bureau of Prisons By Mr. DEFAZIO: six-month periodic report on the national land in Leon County, Florida; to the Com- H.R. 4159. A bill to increase the employ- emergency with respect to Lebanon that was mittee on the Judiciary. ment of Americans by requiring State work- declared in Executive Order 13441 of August By Mr. CUMMINGS (for himself, Mr. force agencies to certify that employers are 1, 2007; to the Committee on Foreign Affairs. MORAN, Ms. NORTON, Mr. LYNCH, and actively recruiting Americans and that 5208. A letter from the Corps of Engineers, Mr. CONNOLLY of Virginia): Americans are not qualified or available to Secretary, Mississippi River Commission, H.R. 4152. A bill to amend the provisions of fill the positions that the employer wants to Department of Defense, transmitting a copy title 5, United States Code, which are com- fill with H-2B nonimmigrants; to the Com- of the annual report in compliance with the monly referred to as the ‘‘Hatch Act’’ to mittee on the Judiciary. Government in the Sunshine Act covering eliminate the provision preventing certain By Mr. ROKITA (for himself, Mr. the calendar year 2011, pursuant to 5 U.S.C. State and local employees from seeking elec- HUELSKAMP, Mr. BROUN of Georgia, 552b(j); to the Committee on Oversight and tive office, clarify the application of certain and Mr. JORDAN): Government Reform. provisions to the District of Columbia, and H.R. 4160. A bill to amend the Social Secu- 5209. A letter from the Chairman, Council modify the penalties which may be imposed rity Act to replace the Medicaid program of the District of Columbia, transmitting for certain violations under subchapter III of and the Children’s Health Insurance program Transmittal of D.C. ACT 19-313, ‘‘Streetscape chapter 73 of that title; to the Committee on with a block grant to the States, and for Reconstruction Temporary Act of 2012’’; to Oversight and Government Reform. other purposes; to the Committee on Energy the Committee on Oversight and Govern- By Mr. GOODLATTE (for himself and and Commerce, and in addition to the Com- ment Reform. Mr. HOLDEN): mittees on Ways and Means, Education and 5210. A letter from the Chairman, Council H.R. 4153. A bill to support efforts to re- the Workforce, the Judiciary, Natural Re- of the District of Columbia, transmitting duce pollution of the Chesapeake Bay water- sources, House Administration, Rules, and Transmittal of D.C. ACT 19-314, ‘‘Medical shed, and for other purposes; to the Com- Appropriations, for a period to be subse- Marijuana Cultivation Center and Dispen- mittee on Transportation and Infrastruc- quently determined by the Speaker, in each sary Locations Temporary Amendment Act ture, and in addition to the Committees on case for consideration of such provisions as of 2012’’; to the Committee on Oversight and Agriculture, and Energy and Commerce, for fall within the jurisdiction of the committee Government Reform. a period to be subsequently determined by concerned. 5211. A letter from the Chairman, Council the Speaker, in each case for consideration of the District of Columbia, transmitting By Mr. GRIJALVA: of such provisions as fall within the jurisdic- H.R. 4161. A bill to amend title 39, United Transmittal of D.C. ACT 19-315, ‘‘Historic tion of the committee concerned. States Code, to provide that the United Property Improvement Notification Amend- By Mr. BOREN (for himself, Mr. COLE, States Postal Service may not close or con- ment Act of 2012’’; to the Committee on Ms. MCCOLLUM, Mr. INSLEE, and Mr. solidate any postal facility located in a ZIP Oversight and Government Reform. KILDEE): 5212. A letter from the Chairman, Council code with a high rate of population growth, H.R. 4154. A bill to decrease the incidence of the District of Columbia, transmitting and for other purposes; to the Committee on of violent crimes against Indian women, to Transmittal of D.C. ACT 19-318, ‘‘Board of Oversight and Government Reform. strengthen the capacity of Indian tribes to Ethics and Government Accountability Es- By Mrs. MILLER of Michigan: exercise the sovereign authority of Indian tablishments and Comprehensive Ethics Re- H.R. 4162. A bill to amend the Food Secu- tribes to respond to violent crimes com- form Amendment Act of 2011’’; to the Com- rity Act of 1985 to require the Secretary of mitted against Indian women, and to ensure mittee on Oversight and Government Re- Agriculture to establish a Great Lakes basin that perpetrators of violent crimes com- form. initiative for agricultural nonpoint source 5213. A letter from the HR Specialist, Of- mitted against Indian women are held ac- pollution prevention; to the Committee on fice of Navajo and Hopi Indian Relocation, countable for that criminal behavior, and for Agriculture. transmitting first annual report on the cat- other purposes; to the Committee on the Ju- By Mr. GARY G. MILLER of California egory rating system as required by 5 U.S.C., diciary, and in addition to the Committee on (for himself and Mr. SHERMAN): Section 3319(d); to the Committee on Over- Natural Resources, for a period to be subse- H.R. 4163. A bill to amend certain provi- sight and Government Reform. quently determined by the Speaker, in each sions of the Truth in Lending Act related to 5214. A letter from the Secretary, Depart- case for consideration of such provisions as the compensation of mortgage originators, ment of Transporation, transmitting the De- fall within the jurisdiction of the committee and for other purposes; to the Committee on partment’s report of obligations and unobli- concerned. Financial Services. gated balances of funds provided for Federal- By Mr. DENHAM (for himself and Mr. By Mr. YOUNG of Alaska (for himself aid highways and safety construction pro- WALZ of Minnesota): and Mr. LOEBSACK): grams for Fiscal Year 2010 as of September H.R. 4155. A bill to direct the head of each H.R. 4164. A bill to amend title 10, United 30, 2010; to the Committee on Transportation Federal department and agency to treat rel- States Code, to authorize space-available and Infrastructure. evant military training as sufficient to sat- travel on military aircraft for members of 5215. A letter from the Senior Program An- isfy training or certification requirements the reserve components, a member or former alyst, Department of Transportation, trans- for Federal licenses; to the Committee on member of a reserve component who is eligi- mitting the Department’s final rule — Air- Oversight and Government Reform. ble for retired pay but for age, widows and worthiness Directives; Airbus Airplanes By Mr. MARKEY (for himself, Mr. widowers of retired members, and depend- [Docket No.: FAA-2011-0717; Directorate MARINO, and Mr. STEARNS): ents; to the Committee on Armed Services. Identifier 2010-NM-108-AD; Amendment 39- H.R. 4156. A bill to amend the Federal By Mr. JONES: 16869; AD 2011-24-05] (RIN: 2120-AA64) received Food, Drug, and Cosmetic Act to strengthen H. Con. Res. 107. Concurrent resolution ex- February 16, 2012, pursuant to 5 U.S.C. the ability of the Food and Drug Administra- pressing the sense of Congress that the use of 801(a)(1)(A); to the Committee on Transpor- tion to seek advice from external experts re- offensive military force by a President with- tation and Infrastructure. garding rare diseases, the burden of rare dis- out prior and clear authorization of an Act 5216. A letter from the Assistant U.S. eases, and the unmet medical needs of indi- of Congress constitutes an impeachable high Trade Representative for WTO and Multilat- viduals with rare diseases; to the Committee crime and misdemeanor under Article II, sec- eral Affairs, Office of the United States on Energy and Commerce. tion 4 of the Constitution; to the Committee Trade Representative, transmitting the Ad- By Mr. LATHAM (for himself and Mr. on the Judiciary. ministration’s Annual Report on Subsidies BOREN): By Mr. KILDEE (for himself, Ms. Enforcement, pursuant to the Statement of H.R. 4157. A bill to prohibit the Secretary DELAURO, Ms. FUDGE, and Ms. WOOL- Administrative Action of the Uruguay of Labor from finalizing a proposed rule SEY): Round Agreements Act; to the Committee on under the Fair Labor Standards Act of 1938 H. Res. 574. A resolution expressing support Ways and Means. relating to child labor; to the Committee on for designation of the week of March 12, 2012, Education and the Workforce. through March 16, 2012, as National Young f By Mr. HALL (for himself, Ms. EDDIE Audiences Week; to the Committee on Edu- PUBLIC BILLS AND RESOLUTIONS BERNICE JOHNSON of Texas, Mr. SMITH cation and the Workforce. Under clause 2 of rule XII, public of Texas, Mr. SENSENBRENNER, Mr. By Mr. JONES: LUCAS, Mr. ROHRABACHER, Mr. COS- H. Res. 575. A resolution amending the bills and resolutions of the following TELLO, Ms. FUDGE, Mr. ADERHOLT, Rules of the House of Representatives to ob- titles were introduced and severally re- Mr. PALAZZO, Mr. BROOKS, Mr. OLSON, serve a moment of silence in the House on ferred, as follows: Mr. HULTGREN, Mr. BENISHEK, Mr. the first legislative day of each month for By Mr. SOUTHERLAND: LIPINSKI, Mrs. ADAMS, Mr. POSEY, Mr. those killed or wounded in the United States H.R. 4150. A bill to remove from the John RIGELL, and Mr. CLARKE of Michi- engagement in Afghanistan; to the Com- H. Chafee Coastal Barrier Resources System gan): mittee on Rules.

VerDate Mar 15 2010 03:30 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\L07MR7.000 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 7, 2012 CONGRESSIONAL RECORD — HOUSE H1273 By Mr. MCGOVERN (for himself, Mr. Congress has the power to enact this legis- ADDITIONAL SPONSORS SMITH of New Jersey, Mr. ELLISON, lation pursuant to the following: Under clause 7 of rule XII, sponsors Mr. WOLF, Mr. MORAN, and Mr. Article I, Section 8, Clause 3 of the Con- PITTS): stitution of the United States. This clause were added to public bills and resolu- H. Res. 576. A resolution expressing the allows Congress to regulate interstate com- tions as follows: sense of the House of Representatives that merce. In this case, this legislation is nec- H.R. 23: Mrs. CAPPS. the Government of the People’s Republic of essary to reduce burdens on interstate com- H.R. 104: Mr. LATTA and Ms. WASSERMAN China has violated internationally recog- merce. SCHULTZ. nized human rights by implementing severe By Mr. BOREN: H.R. 324: Mr. GUTIERREZ and Mr. PLATTS. restrictions on the rights of Uyghurs to free- H.R. 4154. H.R. 327: Mr. GUTIERREZ. ly associate and engage in religious and po- Congress has the power to enact this legis- H.R. 329: Mr. BOREN. litical speech, subjecting detained Uyghurs lation pursuant to the following: H.R. 374: Mr. ROONEY. to torture and forced confessions, carrying Article 1, Section 8 of the Constitution. H.R. 625: Mr. MCCAUL. out extrajudicial killings against Uyghur By Mr. DENHAM: H.R. 683: Mr. SCOTT of Virginia. dissidents, and pressuring other governments H.R. 4155. H.R. 718: Mr. INSLEE, Mr. BISHOP of New to unlawfully return Uyghurs to China, Congress has the power to enact this legis- York, and Mr. CRITZ. where they face mistreatment and persecu- lation pursuant to the following: H.R. 719: Mr. CHABOT, Mr. CARNEY, Mr. tion; to the Committee on Foreign Affairs. Article 1, Section 8 of the Constitution of ROSS of Florida, Mr. BISHOP of Utah, Mr. By Mr. UPTON: the United States. MATHESON, Mr. PETERS, Mr. TURNER of New H. Res. 577. A resolution recognizing the By Mr. MARKEY: York, Mr. THOMPSON of Pennsylvania, Ms. service of the Gold Star Dads of America, a H.R. 4156. EDWARDS, Mrs. CHRISTENSEN, Mr. NEAL, Mr. nonprofit organization consisting of the fa- Congress has the power to enact this legis- WOMACK, Ms. BONAMICI, Mr. COURTNEY, Mr. thers of members of the Armed Forces who lation pursuant to the following: GRAVES of Missouri, Mr. PETRI, Mr. REYES, Article 1, Section 8. make the ultimate sacrifice in defense of the Mr. GERLACH, Mr. SIRES, Mr. PENCE, Mr. By Mr. LATHAM: United States; to the Committee on Armed REED, Mr. KIND, Mr. JACKSON of Illinois, Mr. H.R. 4157. Services. YOUNG of Florida, Mr. YOUNG of Indiana, Ms. Congress has the power to enact this legis- WASSERMAN SCHULTZ, Mr. LATTA, Mrs. f lation pursuant to the following: BLACKBURN, Mr. BASS of New Hampshire, and Article I, Section 1; and Article I, Section MEMORIALS Mr. AMODEI. 8 of the United States Constitution. H.R. 733: Ms. HAYWORTH. Under clause 4 of rule XXII, By Mr. HALL: H.R. 780: Mr. TONKO. 181. The SPEAKER presented a memorial H.R. 4158. H.R. 807: Mr. HONDA. of the House of Representatives of the State Congress has the power to enact this legis- H.R. 854: Ms. HAYWORTH and Ms. SPEIER. of South Carolina, relative to a Concurrent lation pursuant to the following: H.R. 860: Mr. DAVIS of Kentucky. Resolution memorializing the Congress to Article I, Section 8, Clause 18 H.R. 870: Mr. FATTAH, Mr. MCDERMOTT, and designate in South Carolina the Southern By Mr. DEFAZIO: Mr. HOLT. Campaign of the Revolution as a National H.R. 4159. Congress has the power to enact this legis- H.R. 885: Mr. HINOJOSA. Heritage Area; to the Committee on Natural H.R. 891: Mr. SHIMKUS. Resources. lation pursuant to the following: Article I Section 8. Clause 4. The Congress H.R. 931: Mr. AUSTIN SCOTT of Georgia, Mr. f shall have Power * * * To establish an uni- PALAZZO, Mr. UPTON, and Mr. GOWDY. CONSTITUTIONAL AUTHORITY form Rule of Naturalization, and uniform H.R. 941: Mr. MORAN, Mr. MCDERMOTT, Mr. BRALEY of Iowa, Ms. NORTON, Mr. BARTLETT, STATEMENT Laws on the subject of Bankruptcies throughout the United States. Mr. MCGOVERN, Mr. FITZPATRICK, and Mr. Pursuant to clause 7 of rule XII of By Mr. ROKITA: RAHALL. the Rules of the House of Representa- H.R. 4160. H.R. 964: Mr. MICHAUD. tives, the following statements are sub- Congress has the power to enact this legis- H.R. 1041: Mr. MCCOTTER. mitted regarding the specific powers lation pursuant to the following: H.R. 1112: Mr. LATTA. H.R. 1179: Mr. BARROW. granted to Congress in the Constitu- Article I, Section 8, Clause 1 [the Spending Clause] of the United States Constitution H.R. 1193: Mr. COURTNEY. tion to enact the accompanying bill or states that ‘The Congress shall have Power H.R. 1208: Mr. CONNOLLY of Virginia. joint resolution. To lay and collect Taxes, Duties, Imposts H.R. 1236: Mr. AMODEI. By Mr. SOUTHERLAND: and Excises, to pay for Debts and provide for H.R. 1330: Mr. GRIJALVA. H.R. 4150. the common Defence and general Welfare of H.R. 1340: Mr. ROHRABACHER and Mr. Congress has the power to enact this legis- the United States.’ This bill restores the NUNNELEE. lation pursuant to the following: proper balance of power between the federal H.R. 1360: Mr. COURTNEY, Mr. MCGOVERN, Article IV, section 3 of the Constitution of and state governments as intended under the and Mr. PETERS. the United States grants Congress the au- 10th Amendment to the Constitution by de- H.R. 1370: Mr. HECK. thority to enact this bill. volving the responsibility of providing H.R. 1410: Mr. CONNOLLY of Virginia, Mr. (The Congress shall have Power to dispose health care assistance for low income citi- SHERMAN, and Mr. BURTON of Indiana. of and make all needful Rules and Regula- zens to the states. It reinforces the founding H.R. 1589: Mr. RANGEL. tions respecting the Territory or other Prop- constitutional principle that state govern- H.R. 1612: Mr. CHANDLER and Ms. SPEIER. erty belonging to the United States; and ments are properly situated with attending H.R. 1639: Mr. GRIMM, Mr. LUETKEMEYER, nothing in this Constitution shall be so con- to their citizens’ health, safety, and general and Mr. FARENTHOLD. strued as to Prejudice any Claims of the welfare.’’ H.R. 1842: Mr. OLVER. United States, or of any particular State.) By Mr. GRIJALVA: H.R. 1867: Mr. HULTGREN. By Mr. SOUTHERLAND: H.R. 4161. H.R. 1895: Ms. SPEIER. H.R. 4151. Congress has the power to enact this legis- H.R. 1955: Ms. ZOE LOFGREN of California. Congress has the power to enact this legis- lation pursuant to the following: H.R. 1960: Mr. KING of Iowa. lation pursuant to the following: U.S. Const. art. I, §§ 1 and 8. H.R. 2086: Mr. GUTIERREZ and Mr. PAS- Article IV, section 3 of the Constitution of By Mrs. MILLER of Michigan: CRELL. the United States grants Congress the au- H.R. 4162. H.R. 2102: Ms. ESHOO. thority to enact this bill. Congress has the power to enact this legis- H.R. 2104: Mr. GUTIERREZ. (The Congress shall have Power to dispose lation pursuant to the following: H.R. 2106: Mr. BERMAN and Mr. SMITH of of and make all needful Rules and Regula- Clause 1 of Section 8 of Article I of the New Jersey. tions respecting the Territory or other Prop- United States Constitution. H.R. 2123: Mr. CRITZ. erty belonging to the United States; and By Mr. GARY G. MILLER of Cali- H.R. 2124: Mr. GUTHRIE. nothing in this Constitution shall be so con- fornia: H.R. 2168: Mr. GRIJALVA. strued as to Prejudice any Claims of the H.R. 4163. H.R. 2195: Mr. LOEBSACK. United States, or of any particular State. Congress has the power to enact this legis- H.R. 2222: Mr. VISCLOSKY. By Mr. CUMMINGS: lation pursuant to the following: H.R. 2239: Ms. MOORE and Ms. HAYWORTH. H.R. 4152. Article I, Section 8, Clause 3 H.R. 2245: Mr. BUCSHON. Congress has the power to enact this legis- By Mr. YOUNG of Alaska: H.R. 2325: Mr. BRADY of Pennsylvania. lation pursuant to the following: H.R. 4164. H.R. 2418: Mr. LATTA. Article I, Section 8, Clause 18 of the Con- Congress has the power to enact this legis- H.R. 2429: Mr. LATHAM. stitution of the United States grants the lation pursuant to the following: H.R. 2485: Mr. TONKO. Congress the power to enact this law. Article I, Section 8, Clause 14 H.R. 2543: Mr. PRICE of North Carolina. By Mr. GOODLATTE: To make Rules for the Government and H.R. 2595: Mr. ROSS of Arkansas. H.R. 4153. Regulation of the land and naval Forces. H.R. 2600: Mr. ANDREWS and Mr. CRITZ.

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L07MR7.100 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1274 CONGRESSIONAL RECORD — HOUSE March 7, 2012

H.R. 2649: Mr. BACA, Mr. CULBERSON, and H.R. 3895: Mr. AMODEI, Mr. RANGEL, and BROWN of Florida, Mr. COSTA, Mr. DEUTCH, Mr. QUIGLEY. Mr. RUNYAN. Ms. DEGETTE, Mr. GENE GREEN of Texas, Mr. H.R. 2688: Ms. SCHAKOWSKY. H.R. 3980: Mr. TIPTON and Mrs. ELLMERS. HIGGINS, Mr. KEATING, Mr. KISSELL, Mr. LAR- H.R. 2696: Mr. WITTMAN. H.R. 3981: Mr. MILLER of Florida. SEN of Washington, Mr. LARSON of Con- H.R. 2697: Mr. SCHWEIKERT and Mr. CARNA- H.R. 3982: Mr. JONES. necticut, Mrs. MALONEY, Mr. NEAL, Ms. NOR- HAN. H.R. 3985: Mr. HANNA and Mr. WEST. TON, Mr. PIERLUISI, Mr. POLIS, Mr. REYES, H.R. 2828: Mr. RAHALL. H.R. 3993: Mr. MILLER of Florida. Mr. RYAN of Ohio, Mr. ROTHMAN of New Jer- H.R. 2978: Mr. HERGER, Mr. WOMACK, and H.R. 4018: Mr. POE of Texas. sey, Mr. SARBANES, and Mr. TOWNS. Mr. ROONEY. H.R. 4032: Mr. RANGEL, Mr. ELLISON, and H.R. 4134: Mr. CROWLEY. H.R. 3032: Mr. MCCOTTER. Mr. DENT. H.J. Res. 45: Mr. JONES. H.R. 3039: Mr. QUIGLEY. H.R. 4036: Mr. LATOURETTE. H.J. Res. 103: Mrs. ADAMS, Mr. UPTON, and H.R. 3059: Mrs. ADAMS. H.R. 4038: Ms. BROWN of Florida. Mrs. NOEM. H.R. 4040: Mrs. BIGGERT, Mr. BUCSHON, Mr. H.R. 3086: Ms. PINGREE of Maine, Mr. H. Con. Res. 87: Ms. NORTON, Mr. JOHNSON BUTTERFIELD, Mrs. CAPITO, Mr. CLEAVER, Ms. MICHAUD, and Mr. COBLE. of Ohio, Mr. NUGENT, and Mr. NEAL. DEGETTE, Mr. GIBSON, Mr. AL GREEN of H.R. 3145: Ms. EDWARDS. H. Res. 25: Mr. MCKEON, Mr. ROGERS of Texas, Mr. GRIMM, Mr. HASTINGS of Wash- H.R. 3167: Mr. FITZPATRICK and Mr. PLATTS. Michigan, and Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3187: Mrs. DAVIS of California, Mrs. ington, Ms. HAYWORTH, Mr. HENSARLING, Mr. fornia. HIGGINS, Mr. HIMES, Mr. SAM JOHNSON of BLACKBURN, Mr. BISHOP of Georgia, and Mr. H. Res. 271: Mr. CHABOT. Texas, Mr. KINGSTON, Mr. KINZINGER of Illi- THOMPSON of Pennsylvania. H. Res. 503: Mr. BILIRAKIS and Mr. AUSTIN nois, Mr. LUETKEMEYER, Mrs. LUMMIS, Mr. H.R. 3264: Mr. RIBBLE and Mr. BURTON of SCOTT of Georgia. MATHESON, Mr. MCHENRY, Mr. MICHAUD, Mr. Indiana. H. Res. 560: Mr. BOSWELL, Mr. LEVIN, Mr. NEUGEBAUER, Mr. PAULSEN, Mr. PENCE, Mr. H.R. 3339: Mr. TURNER of Ohio. GRIJALVA, Mr. LANGEVIN, Ms. NORTON, Ms. H.R. 3364: Mr. ROSS of Florida. PETERS, Mr. PLATTS, Mr. POSEY, Mr. MOORE, Mrs. MALONEY, Mr. CONYERS, Mr. H.R. 3399: Mr. SCHRADER, Mr. BARROW, Mr. RENACCI, Ms. ROS-LEHTINEN, Mr. ROSS of GUTIERREZ, Mr. NEAL, and Mr. LEWIS of MICHAUD, Mr. CARDOZA, and Ms. LORETTA Florida, Mr. SCALISE, Mr. DAVID SCOTT of Georgia. SANCHEZ of California. Georgia, Mr. THOMPSON of California, Mr. H. Res. 568: Mr. HARRIS, Mr. BISHOP of H.R. 3418: Ms. LEE of California. WAXMAN, and Mr. WEBSTER. Utah, Mr. DIAZ-BALART, Mr. MATHESON, Ms. H.R. 3497: Mr. ROSKAM. H.R. 4063: Ms. MCCOLLUM. FOXX, Mr. KLINE, Mr. BRADY of Texas, Mr. H.R. 3589: Mr. WOLF. H.R. 4070: Mr. NUGENT, Mr. MCCOTTER, and SENSENBRENNER, Mr. ROE of Tennessee, Mr. H.R. 3591: Mr. BLUMENAUER. Mrs. BLACK. KING of Iowa, Mr. UPTON, Mr. ROHRABACHER, H.R. 3616: Mr. KLINE. H.R. 4077: Mr. POE of Texas. Mr. KING of New York, Mr. CALVERT, Mr. H.R. 3618: Mr. STARK. H.R. 4080: Mr. MEEKS. RYAN of Ohio, Mr. CARDOZA, Mr. KILDEE, Ms. H.R. 3635: Mr. OLVER and Mr. LEWIS of H.R. 4084: Mr. HONDA. HAYWORTH, Mr. BOREN, Mr. LAMBORN, Mrs. Georgia. H.R. 4095: Mrs. BONO MACK, Mr. WHITFIELD, LUMMIS, Mr. RANGEL, Ms. BASS of California, H.R. 3646: Mr. GRIJALVA. Mr. LANCE, Mrs. MYRICK, Mr. GRIFFITH of Mr. GOODLATTE, Mr. HERGER, and Mr. H.R. 3681: Mr. CARNEY. Virginia, Mr. KINZINGER of Illinois, and Mr. CRAWFORD. H.R. 3684: Ms. HAYWORTH. GINGREY of Georgia. H.R. 3783: Mr. SMITH of New Jersey. H.R. 4110: Mr. LONG. H.R. 3803: Mr. GIBBS, Mr. BILIRAKIS, Mr. H.R. 4126: Ms. LEE of California, Ms. BROWN f POSEY, Mr. SHIMKUS, Mrs. MCMORRIS ROD- of Florida, Ms. CLARKE of New York, and Mr. GERS, Mrs. NOEM, Mr. MARINO, and Mr. PETERS. PETITIONS, ETC. UPTON. H.R. 4128: Mr. NUNNELEE. H.R. 3808: Mr. POE of Texas. H.R. 4133: Mr. COOPER, Mr. LANCE, Mr. Under clause 3 of rule XII, H.R. 3839: Ms. BORDALLO, Ms. HAHN, Mr. GALLEGLY, Mr. BACA, Mr. BACHUS, Mr. HOL- 37. The SPEAKER presented a petition of OWENS, Mr. ROONEY, and Mr. BURTON of Indi- DEN, Mr. GOWDY, Mr. MCHENRY, Mr. NUGENT, City of Fort Myers, Florida, relative to Reso- ana. Mr. SCHOCK, Mr. LOBIONDO, Mr. DOLD, Mr. lution No. 2012–2 urging the Congress to sup- H.R. 3855: Mr. SMITH of Washington. LAMBORN, Mr. RIVERA, Mr. MATHESON, Mr. port funding of the Community Development H.R. 3894: Mr. QUIGLEY, Ms. LEE of Cali- RANGEL, Mr. ACKERMAN, Ms. BERKLEY, Mr. Block Grant Program; which was referred to fornia, Mr. LIPINSKI, and Mr. RANGEL. BOREN, Mr. BRADY of Pennsylvania, Ms. the Committee on Financial Services.

VerDate Mar 15 2010 05:07 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MR7.037 H07MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, WEDNESDAY, MARCH 7, 2012 No. 37 Senate The Senate met at 10 a.m. and was BRAND, a Senator from the State of New Among those peaceful protesters was a called to order by the Honorable York, to perform the duties of the Chair. young man by the name of JOHN LEWIS, KIRSTEN E. GILLIBRAND, a Senator from DANIEL K. INOUYE, now Congressman JOHN LEWIS. His life the State of New York. President pro tempore. has been one of truly a great civil Mrs. GILLIBRAND thereupon as- rights leader, outstanding legislator, PRAYER sumed the chair as Acting President and a patriot beyond excellence. The Chaplain, Dr. Barry C. Black, of- pro tempore. Only 6 blocks from the church where fered the following prayer: f the march began, they were met at Ed- Let us pray. RECOGNITION OF THE MAJORITY mund Pettus Bridge by police dogs, Lord, God, omnipotent, You are LEADER firehoses, and clubs. The terrible vio- above all nations. Take our lives and lence that day, known as Bloody Sun- use them for Your purposes. Cleanse The ACTING PRESIDENT pro tem- day, was broadcast across the country. our hearts, forgive our sins, and amend pore. The majority leader is recog- March 1965 marked a turning point in our ways as Your transforming grace nized. the civil rights movement, as Ameri- changes our lives. f cans cried out against the injustice and Today, make our Senators true serv- SCHEDULE bloodshed they saw on television. Later ants of Your will. In these challenging that month about 25,000 courageous Mr. REID. Madam President, fol- times, give them the wisdom to labor souls finally completed that 12-mile lowing leader remarks, the Senate will for justice, to love mercy, and to walk march from Selma to Montgomery that be in morning business for 1 hour. Re- humbly with You. Keep their minds started on Bloody Sunday, and 6 publicans will be in control of the first and spirits steady as they strive to do months later President Lyndon John- half, Democrats the final half. Fol- Your will. son signed the Voting Rights Act of lowing morning business, the Senate We pray in Your sovereign Name. 1965. will resume consideration of the sur- Amen. A year ago I was privileged to lock face transportation act. arms with Congressman JOHN LEWIS f ORDER OF PROCEDURE and Congressman Jim Claiborne, two I ask unanimous consent that there men whom I admire deeply, as we reen- PLEDGE OF ALLEGIANCE be a recess at 5 p.m. and that be ex- acted the march across the Edmund The Honorable KIRSTEN E. GILLI- tended until 6:30 p.m. to accommodate Pettus Bridge. It was really a humbling BRAND led the Pledge of Allegiance, as Senators on the briefing. experience as JOHN LEWIS, with throngs follows: The ACTING PRESIDENT pro tem- of people—but we were together—ex- I pledge allegiance to the Flag of the pore. Without objection, it is so or- plained to me what he remembered United States of America, and to the Repub- dered. from that day: lic for which it stands, one nation under God, Mr. REID. Madam President, we are As we were starting up the bridge there indivisible, with liberty and justice for all. having a briefing this evening at the was a drug store that doesn’t exist anymore, but a lot of whites were gathered there. They f request of Senator MIKULSKI, who is a long-term member of the Intelligence were, of course, up to mischief. APPOINTMENT OF ACTING Committee, to have an actual dem- JOHN LEWIS had on his back a back- PRESIDENT PRO TEMPORE onstration of why we need to pass the pack—they were not very common in cybersecurity bill. All Senators should those days—he had a backpack on his The PRESIDING OFFICER. The be there, and that is why we asked for back. He thought perhaps he would be clerk will please read a communication the recess. arrested, as he had been many times, to the Senate from the President pro and he would have something to read tempore (Mr. INOUYE). f while he was in jail. He had a book and The legislative clerk read the fol- BLOODY SUNDAY an apple in that backpack, but, of lowing letter: Mr. REID. Madam President, 47 years course, he was beaten very badly, and U.S. SENATE, ago today a group of 600 freedom-loving no one will ever know what happened PRESIDENT PRO TEMPORE, men and women set out on a march to the backpack and the apple and the Washington, DC, March 7, 2012. To the Senate: from Selma, AL, to Montgomery, AL. book. Under the provisions of rule I, paragraph 3, The purpose of the march was to call It was really a humbling experience— of the Standing Rules of the Senate, I hereby for an end to discrimination and vio- I repeat, one I will never forget. On appoint the Honorable KIRSTEN E. GILLI- lence against African Americans. this day, I think we should all pause to

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

S1433

.

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.000 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1434 CONGRESSIONAL RECORD — SENATE March 7, 2012 think that, while we have come a long gested on a couple of occasions now fill the tank, their own tax dollars are way, we have a long way to go to make that his goal certainly is not to drive being used to subsidize failing solar sure we have civil rights for everyone gas prices down. companies of the President’s choosing, in America. For the President’s part, he often not to mention the bonuses executives THE HIGHWAY BILL says that Americans should judge him at these companies keep getting. I Madam President, we were dis- not only by his words but on his deeds. think most Americans are tired of appointed, as I indicated yesterday, at So when it comes to gas prices, I have reading about all the goodies this ad- not being able to invoke cloture on this pointed out that the President con- ministration’s allies are getting on highway bill. I was satisfied yesterday tinues to limit offshore areas to energy their dime even as the President goes that the Speaker of the House indi- production and is granting fewer leases around lecturing everybody about fair- cated that he thought the best thing to on public land for oil drilling, has en- ness. do, at least as I read the reports, would couraged countries such as Brazil to I will tell you what is not fair. What be to take the Senate version of a bill, move forward with their own offshore is not fair is that it costs about $40 if we can figure out a way to pass one, drilling projects, continues to impose more to fill a 20-gallon tank with gaso- and then they would use that—he burdensome regulations on the domes- line than it did when this President would bring it to the floor for a vote. I tic energy sector that will further took office. That is not fair. Yet this hope that is the case. The press doesn’t drive up the cost of gasoline for the administration continues to pursue always get things right, but I hope in consumer, has repeatedly proposed policies that would make it even worse. this case they did. raising taxes on the energy sector, Earlier this year the White House Senator MCCONNELL’s staff and my which we all know would only drive gas launched a campaign in support of the staff are exchanging paper as we speak. prices even higher, and, finally, has payroll tax holiday, asking Americans I hope we can work our way through flatly rejected the Keystone XL Pipe- what $40 a month would mean to them. this bill. I think it is unfortunate that line. Yet, now, when it comes to gas prices, we are going to have to have votes on All of these help drive up the cost of they are doubling down on policies that a number of amendments that have gas and increase our dependence on for- are taking away that $40 a month given nothing to do with this underlying eign oil. So the President simply can- by the payroll tax holiday to fill the piece of legislation. not claim to have a comprehensive ap- gas tank. Once again, they are trying This is one thing the American peo- proach to energy because he doesn’t— to have it both ways, and, frankly, the ple really do not like. At our townhall he simply doesn’t—and anytime he American people have had it. meetings, our visitations with people says he does, the American people f should remember one word: Keystone. throughout our States, I have come to TRIBUTE TO JOHN RABUN the realization that they hate what Keystone. Another thing they might want to do Mr. MCCONNELL. Madam President, they call riders—things that have is play a clip of the press conference I would like to pay tribute today to a nothing to do with bills. The Senate the President held just yesterday. friend of many decades, a Kentuckian rules allow them in most instances, so Asked about whether he actually wants who is a hero to many and a personal if it takes this to get this bill done, gas prices to go up, the President’s fa- hero of mine for his work on behalf of then we will have to move forward in cetious attempt to deflect the question children that has had a national im- that way. I hope we can do that. As I only served to confirm the premise. pact. In his 28 years of service with the said, we are going to exchange paper, But it was the President’s admission National Center for Missing and Ex- and I hope both sides will react posi- that rising gas prices hurt the economy ploited Children, John Rabun has saved tively. I am confident we will over that really betrayed the administra- literally thousands of lives and averted here, and I hope we can work some- tion’s attempt to have it both ways on tragedy for thousands of families. thing out. this issue, because if higher gas prices As the very first employee of the na- f hurt the economy, then why in the tional center since its creation back in RECOGNITION OF THE MINORITY world is the administration calling for 1984, he has been the heart and the soul LEADER higher taxes on energy manufacturers? of that organization. His dedication We know these taxes would drive up and passion for the issue will continue The ACTING PRESIDENT pro tem- the price at the pump and send jobs to shape the national center long after pore. The Republican leader is recog- overseas. The Congressional Research he leaves it. Frankly, for John, saving nized. Service said that. If the President children was not just a job, it was his f wants to drive prices down, he should mission. That is why it is such a blow stop calling for these increases in that after 28 years of service, John GAS PRICES taxes. Rabun will retire from his work at the Mr. MCCONNELL. Madam President, Look, if the President wants Ameri- National Center for Missing and Ex- last week I came to the Senate floor to cans to think he is serious about lower ploited Children this Friday, March 9. I speak out on an issue that is on the gas prices, he has to do more than sim- cannot say enough how much this man minds of a lot of Americans these days: ply say—and this is what he said yes- will be missed. the rising cost of gas at the pump and terday—‘‘No President would want John and I have a history that how the administration’s policies are higher gas prices in an election year.’’ stretches back almost four decades, actually making matters worse. ‘‘No President would want higher gas dating to his time as a social worker in The President may try to take credit prices in an election year.’’ What about Jefferson County, KY. Of course, Jef- for production gains that are entirely other years? Would they want them in ferson County contains the city of Lou- the work of others, but more to the other years? It is only in election years isville, my hometown, and in the late point is the fact that production is up that it is a problem? He has to get seri- 1970s and early 1980s, I served as the on private lands and down on Federal ous about changing his policies, and he judge-executive for Jefferson County. lands. The property the President and might want to consider an Energy Sec- What that is, I say to the Presiding Of- the Interior Secretary actually manage retary who is more committed to help- ficer from New York, is like the county is the property upon which production ing the American people than in help- executive for the county. It was in this is down. ing the administration’s buddies in the capacity that I got to know John In fact, when it comes to the rising solar panel business—and that brings Rabun. cost of gas at the pump, it is my view me to a larger point. John earned his bachelor’s degree that the administration’s policies are The President likes to talk a lot from Mercer University in Macon, GA, actually designed to a purpose: to bring about fairness. We have heard a lot and his master of science in social about higher gas prices. That is a view about fairness, but when it comes to work from the University of Louisville. which should not be the least bit con- rising gas prices, the American people As a social worker, John managed the troversial given the fact that the Presi- don’t think it is particularly fair that company’s group home for kids and dent’s own Energy Secretary has sug- at a time when they are struggling to was one of the first in town to identify

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.001 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1435 the growing crisis of child abduction president and chief operating officer. It ter passed this lead along to police, and and sexual exploitation. Working in is a post he has held ever since. As the I am pleased to say that on January 31 those foster homes, John saw the prob- National Center’s executive vice presi- of this year, 8 years after his abduc- lem firsthand and saw what local police dent and COO, John manages a staff of tion, this boy was reunited with his and social services were not seeing. He 350 and a budget of $42 million a year. mother, and his father was arrested. saw that information between social He is the hub of the wheel for all inter- Imagine that mother’s relief and service workers and law enforcement agency communication between the then multiply that feeling by literally was not being shared as it should have center, the Justice Department, the thousands. Only then can we begin to been. He realized a lot more could be State Department, the Secret Service, appreciate the immense service John done. the FBI, the Department of Homeland Rabun has done for his country. So So John, along with a friend and fel- Security, as well as State govern- that is why we are all going to miss low social worker, Kerry Rice, ap- ments. John so much. No one can say he could proached Ernie Allen, who at the time When I say John Rabun has a great have done more; however, neither could was the director of the Louisville-Jef- passion and drive on this issue that has anyone say his retirement is not ex- ferson County Crime Commission. animated his entire career, I mean it. tremely well deserved. I am sure he is Ernie is now known as the director and He is absolutely dedicated to rescuing looking forward to being able to spend CEO of the National Center for Missing children who would otherwise fall more time with his lovely wife Betsy, a and Exploited Children, which he through the cracks. retired schoolteacher, and their two helped build alongside John. But way Back when he was running the Jeffer- children and five grandchildren. back then, the issue of missing and ex- son County Crime Unit, John led the A national movement on behalf of ploited children had yet to receive the effort to successfully identify and pros- America’s most precious resource, our national focus it deserved. ecute the pastor of a major local children, was launched because one so- It was John who proposed to Ernie church for sexually abusing over one cial worker in Louisville, KY, saw that that the county create a special unit dozen children in his congregation. too many children were at risk and not bridging the traditional barriers be- After this pastor’s conviction, the enough was being done. If every family tween social services and law enforce- judge shockingly sentenced him merely impacted by the National Center for ment to try to combat this serious to probation with a community service Missing and Exploited Children’s work problem. They came to me—as the CEO requirement. John leapt from the pros- could thank John Rabun personally, it of the county—with this idea, and to- ecutor’s table and cried: ‘‘Your Honor, might take another 28 years, and he gether we created what I believe to be will you at least stipulate that this would never get to retire. But on behalf the first police-social services team in community service not be with chil- of a grateful and safer America, I hope the Nation dedicated to working child dren?’’ The judge held John in con- the recognition of this Senate and the abduction and sexual exploitation tempt of court. Luckily, the prosecutor thanks and friendship of this Senator cases. Eventually, we created Jefferson quickly scurried John out through a will suffice instead. So thank you very County’s first exploited and missing side door before he could be taken into much, John Rabun. child unit, with John as its manager. custody and after a few days the heat I yield the floor. Under John’s leadership, almost imme- died down. But this story goes to illus- f diately the unit began to solve cases, trate how John will stop at literally rescue victims, and put some very good nothing to see justice is done for those RESERVATION OF LEADER TIME who are weakest among us, our chil- news on the front pages. The ACTING PRESIDENT pro tem- John became famous nationwide as a dren. pore. Under the previous order, the leading expert on missing and ex- John’s lifetime of service to children leadership time is reserved. ploited child cases. In 1980, the U.S. De- has directly led to the rescue of over partment of Justice asked me to send 80,000 kids. Let me share with my col- f John and Ernie to Atlanta to consult leagues just one success story. About 1 MORNING BUSINESS on a grisly child murder case. John is year ago, a Los Angeles police detec- now so recognized as a leader in this tive contacted the National Center for The ACTING PRESIDENT pro tem- field that he has provided expert testi- Missing and Exploited Children for in- pore. Under the previous order, there mony to Congress seven times on child formation on a 10-year-old boy who had will now be a period of morning busi- abduction cases and has instructed for been missing for many years. In 2004, ness for 1 hour, with Senators per- the FBI Law Enforcement Satellite the child’s parents separated, and al- mitted to speak therein for 10 minutes Training Network. John has provided though the mother received custody, each, with the time equally divided and consultation at nearly 1,000 hospitals her son was abducted from their home. controlled between the two leaders or and for over 62,000 personnel in Amer- A search began for the boy and his fa- their designees, with the Republicans ica, Canada, and the United Kingdom ther, which continued for 7 years. Law controlling the first half and the ma- on the abduction of newborns in hos- enforcement had no leads on the child’s jority controlling the final half. pitals. He is the author of the book whereabouts, suspecting the father The Senator from Tennessee. ‘‘For Healthcare Professionals: Guide- may have abducted him back to his na- f lines on Prevention of and Response to tive country of Guatemala. Upon re- SURFACE TRANSPORTATION ACT Infant Abductions.’’ Thanks in large ceiving the call from that Los Angeles measure to his efforts, what was once a detective, the National Center’s case Mr. CORKER. Madam President, I recurring problem is now all but elimi- management team began coordinating rise to speak regarding the highway nated. the center’s resources with the child’s bill. We each come into work daily John has been recognized by the FBI mother and detectives in the Los Ange- with different thoughts. I come in as 1 of only 27 investigators nationwide les Police Department. A missing child today very hopeful. The fact is we have with the highest expertise in the inves- poster was created and disseminated a bipartisan bill that hopefully will ac- tigation of cases concerning missing around California, and detectives were tually have the finance component of it and exploited children. He has appeared provided with detailed public database on the floor soon. We have had it on television shows such as ‘‘20/20,’’ searches throughout the National Cen- worked through the various commit- ‘‘Primetime,’’ ‘‘Good Morning Amer- ter’s case analysis division. tees of the Senate—the Banking Com- ica,’’ ‘‘Larry King Live,’’ and, of Just a little over 1 month ago, the mittee, the Commerce Committee, the course, ‘‘America’s Most Wanted’’ with center received a lead from a school of- EPW Committee. I think what this his friend and my friend, John Walsh. ficial who believed he had recognized body is waiting for right now is the Fi- In 1984, John signed the lease for of- the boy as a fifth grader at a Los Ange- nance Committee package, and I know fice space for the National Center for les elementary school. This official had they are continuing to work on that Missing and Exploited Children right searched the center’s Web site, saw the package. The reason I come down here, here in Washington. He began working missing child’s poster, and contacted in a very hopeful way, is I think all of as that organization’s executive vice the center’s 24-hour hot line. The cen- us support the highway bill. We want

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1436 CONGRESSIONAL RECORD — SENATE March 7, 2012 to see a bill such as this passed. But I We have had the transfer of $34 billion and Social Security reform and making think we also want to see it passed in or $35 billion into it from the general sure those programs are solvent down an appropriate way, and some of the fund since 2008. We have a trust fund. the road for seniors who depend upon earlier renditions that have come out We ought to either spend the money them. of the Finance Committee, unfortu- that comes into it accordingly and re- So what I would say to this body is nately, have not paid for this bill. It is duce the amount of spending on high- we have a great opportunity this week my sense that maybe what is hap- ways or what we should do is lower dis- and next week to show the American pening right now is that there is some cretionary spending someplace else. people we are serious about getting work being done to try to make that Again, we have not seen the final bill this country on a solid footing. There not the case. because another negotiation is taking is no better place to do that than on a I know the Senator from New York is place. It appears to me, in order to live popular bill. In other words, if we have familiar with the health care debate we up to our responsibilities to the Amer- to make priorities, if we have to make had years ago, and one of the issues ican people, that what we would have choices, if we have to cut spending in many of the folks on this side of the to do is cut about $11 billion or $12 bil- other places to make 2 years’ worth of aisle were concerned about—and I lion out of the discretionary caps we payouts equal 2 years worth of income, think many folks on the other side of agreed to as part of the Budget Control there is no place better to do it than on the aisle were concerned about—was Act to make this appropriate. I will the highway bill. I urge this body to some of the gimmickry used to pay for offer an amendment once we see what stand tall, to meet its responsibilities, it. We had 6 years’ worth of spending the final package is that does just that. and only pass this bill if it is paid for and 10 years’ worth of revenues. Obvi- In other words, if we all think high- over the same amount of time that it is ously, people around the country— ways and transit bills are important— extended. So that means all the money rightfully so—were concerned about and by the way, I do. I used to be the that goes out is paid for over the next that. What we have at present with mayor of a city. I know that infra- 2 years. I will be offering amendments this highway bill is something that is structure is very important to our eco- to do that if the Finance Committee even worse than that. We have 2 years’ nomic growth in this country. But if does not in and of itself. worth of spending and 10 years’ worth we believe spending on highways and I thank my colleagues for listening, of revenues to pay for it. Everybody in transit is important and it is a pri- and I yield the floor. this body knows there is no family in ority, then what we need to do is lower The ACTING PRESIDENT pro tem- New York and no family in Tennessee discretionary caps and lower spending pore. The Senator from Utah. who could possibly survive under that in another area. For us to do anything scenario. short of that would be making a mock- f I had an op-ed published this morning ery of the American people and cer- GAS PRICES in the Washington Post talking about tainly making a mockery of the ar- the fact that we have had so many bi- rangement that was created through Mr. LEE. Madam President, the partisan efforts here to try to deal with the Budget Control Act. So I am cer- American people need help because deficit reduction. We had the Bowles- tainly hopeful this amendment will they are suffering at the gas pump. Simpson report that came out; we had pass if we continue on this course. I With the national average price for 64 Senators—32 on each side of the can’t imagine that in a bipartisan way gasoline up at around $3.75 per gallon, aisle—who wrote a letter to the Presi- both sides would show the irrespon- representing an increase of about 40 dent to encourage him to embrace def- sibility that has led to today anyway. I cents from a year ago and about 20 icit reduction and progrowth tax re- am still hopeful that by the time we cents from just 1 month ago, citizens form. We had another group of col- pass this highway bill, we will have are suffering and they need relief. leagues who became involved in some- come together and acted responsibly It is important to point out in this thing called Go BIG, and the whole and actually paid for this. But I think context that when President Obama focus was to deal with the fiscal issues the American people understand that took office, gas prices were at about of this country. passing a bill that spends money over 2 $1.85 per gallon. Now that they are up I come in somewhat hopeful this years and tries to recoup it over a 10- to about $3.75 per gallon we can see a morning, but what I fear is happening year period is a highway to insolvency. steady increase. Over this 38-month pe- is because this highway bill is so pop- So I am committed more than ever to riod of time of his Presidency so far, ular that Members on both sides of the us living up to our responsibilities to gasoline prices have risen an average of aisle are willing to kick the can down the American people. I believe there is about 5 cents per gallon per month. the road in an area where we could—in something brewing in this body that This is staggering when we think about a bipartisan way—address deficit re- says we have to live up to these respon- the fact that if he is reelected—if he duction and get the highway bill on a sibilities. I think the best place for us serves out the rest of this term and if spend-as-you-go basis, meaning that we to start is on this highway bill. he is reelected—that is a total of an ad- pay for it as we go—instead of doing I will close with this. I know the Sen- ditional 58 months. With that increase, that, because this is an election year ator from Utah wishes to speak for a gas prices will be up at around $6.60 per and this is a popular bill, both par- few moments also. A lot of people are gallon. ties—instead of leading on deficit re- saying: Senator CORKER, this is such a This is a lot of money. It is stag- duction—are going to cave in and basi- small amount of money; and, gosh, this gering. It affects everything we do— cally kick the can down the road be- is such a popular bill—everybody likes from the miles we drive to the products cause this is ‘‘a popular bill.’’ To me, it. Can’t we just turn our heads on this we buy at the grocery store. Every- that is not what the American people issue and kick the can down the road thing gets more expensive when the sent us to do. and do something we know fiscally is fuel we use to transport ourselves and So we have this opportunity to pay totally irresponsible because all of us our products becomes more expensive. for it. I don’t know whether we are like highways? Now, to some extent, one could sug- going to get where we need to go. As a My response is, look, if we cannot gest this was not only foreseeable, but matter of fact, even though I am hope- deal with the highway bill that, by the it was actually foreseen. To some, it ful we are going to make progress on way, is just simple math—this isn’t was considered a desired outcome. this issue, I don’t think we are going to something such as Medicare reform or Let’s consider, for example, that in quite get there. I sense in this body a something else where we have all kinds 2008, Dr. Steven Chu, who now serves as desire to kick the can down the road, of moving parts that are very difficult President Obama’s Energy Secretary, to turn our head, to not live up to our to deal with—the highway bill is just said: responsibilities as it relates to this simple math. If we don’t have the abil- Somehow we have to figure out how to bill. ity in this body to deal with just addi- boost the price of gasoline to the levels in So I am going to offer two amend- tion and subtraction, there is no way Europe. ments. One amendment would say: the American people are going to trust Well, Mr. Chu, it looks as though we Look, we have a highway trust fund. us with things such as Medicare reform are headed in that direction, and if we

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.004 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1437 continue to follow this administra- laudably outlined as an all-of-the- antitrust laws would likely require tion’s energy policies, we may get above strategy in his State of the courts to wade into the complex realm there. Union Address just recently. We need of rate setting and other highly tech- As a member of the Senate’s Energy to get there. We cannot afford gas at nical matters—a task for which judges and Natural Resources Committee, I $6.60 per gallon, which is exactly where are particularly ill-equipped. In addi- was somewhat surprised when a sugges- we are headed if we continue to do tion to this fundamental unease over tion was made just a few days ago that things as this administration has done, multiplying government regulatory there are some who believe there is no which has lead to an increase in the burdens, I am also very concerned with relationship between U.S. production price of gasoline at a staggering rate of a number of the amendment’s provi- of petroleum and the price of gasoline 5 cents per gallon every single month. sions that seem to reach beyond simply in the United States. That simply is f eliminating antitrust exceptions for not true, and it cannot be true. With the rail industry. RAILROAD ANTITRUST oil being the input ingredient into gas- First, I worry that section 4 of the oline, it is the precursor for gasoline. Mr. LEE. Madam President. amendment limits what is known as Anytime we do anything that cuts off I stand in this moment in opposition the doctrine of ‘‘primary jurisdiction’’ or restricts or limits the supply, that is to the railroad antitrust amendment in those antitrust cases that involve necessarily going to have an impact on offered by my distinguished colleague, railroads. Under this longstanding doc- the price, and it does. Senator KOHL, and I urge my fellow trine, which was established in 1907, a The fact that it is indisputable that Senators to do likewise. court will normally defer to an expert there are other factors which also in- As the Antitrust Modernization Com- agency when that agency has jurisdic- fluence the price of gasoline makes it mission noted in 2007, free market com- tion over the subject matter of a legal no less true that we have to produce petition is the fundamental economic dispute. This doctrine allows courts to petroleum at home in addition to buy- policy of the United States. In advanc- balance regulatory requirements with ing it from other places. In order to ing this overarching policy goal, we other legal requirements for regulated keep gasoline prices at reasonable lev- should be wary of particularized ex- industries. The primary jurisdiction els, we have to produce more. emptions from our Nation’s antitrust doctrine is not an antitrust exemption There are some things we can do in laws. I know Senator KOHL shares my and discouraging the use of this would order to help improve that trend. For view in that regard. be a legal and judicial change that example, we could open ANWR for When properly applied, antitrust reaches far beyond the antitrust laws drilling. We could open our country’s laws function to help ensure that mar- and its implications. vast Federal public lands to develop- ket forces promote robust competition, I would also note that section 4 ment of oil shale. It is a little known spur innovation, and result in the would give trial lawyers the power to fact that in three Rocky Mountain greatest possible benefit to the Amer- disregard agency action, but only with States, a small segment of Rocky ican consumer. In many respects, Fed- respect to the railroads. As a result, Mountain States—Utah, Colorado, and eral and State agencies enforce anti- railroads would be singled out for spe- Wyoming—we have an estimated 1.2 trust laws in order to forestall the need cial treatment, leaving the doctrine of trillion barrels of proven recoverable for burdensome and long-lasting gov- primary jurisdiction available to the oil reserves locked up in oil shale. Now, ernment regulation. courts in cases involving electrical 1.2 trillion barrels is a lot of oil. That If competition thrives and market utilities and other regulated indus- is comparable to the combined petro- forces operate properly, there is no tries. I am unaware of any compelling leum reserves of the top 10 petroleum- need for extensive government intru- justification for this disparity. producing countries of the world com- sion or interference. Likewise, when My second concern relates to section bined—just in one segment of three the antitrust laws do apply, com- 7(a) of the amendment which not only Rocky Mountain States. prehensive economic regulations repeals antitrust immunity for rail Yet we are not producing it commer- should not dictate how an industry op- rate bureaus but also repeals proce- cially, in part to a very significant de- erates. It, therefore, makes little sense dural protections that facilitate lawful gree because that oil shale—especially to impose upon a heavily regulated in- rail transportation services. Because of in my State, the State of Utah—is dustry an additional layer of govern- their route structures, railroads are overwhelmingly on Federal public ment oversight and enforcement often not individually capable of pro- land, and it is almost impossible to get through the application of antitrust viding rail transportation services to to it, to produce it commercially on laws while at the same time leaving in all locations that a customer may re- federally owned public land. We need to place a comprehensive regime of gov- quest or that regulations may require. change that. ernment oversight through economic As a result, approximately 40 percent We need to create a sensible environ- regulation. Piling layer upon layer of of all rail travel is jointly handled by mental review process for oil and gas government interference will not ad- more than one railroad. production generally. We need to im- vance the cause of free market com- While the railroads must work to- prove the permitting process for off- petition, innovation, and consumer gether to provide through service on shore development in the Gulf of Mex- welfare. some routes in order to meet their reg- ico and in other areas. We need to I am concerned that such layering of ulatory obligations and to meet their allow the States to regulate hydraulic government regulation is effectively customers’ transportation needs, the fracturing without the fear of suffo- what the Kohl amendment does. I railroads compete with one another for cating and duplicative Federal regula- worry that in extending the reach of freight movements on routes not in- tions. We need to keep all the Federal antitrust laws to the freight rail indus- volved with through service, and they lands in the West open to all kinds of try, the amendment does not remove are fully subject to the antitrust laws. energy development. And, of course, we any authority or jurisdiction of the Current law provides that proof of an need the President to approve the Key- Surface Transportation Board, the reg- antitrust violation may not be inferred stone XL Pipeline. This will contribute ulatory agency currently overseeing from discussions among two or more substantially to America’s energy se- the rail industry. As a result, the rail carriers relating to interline move- curity and will provide an estimated amendment simply imposes additional ments and rates. In the conference re- 20,000 shovel-ready jobs right off the government supervision over the rail port for the Staggers Rail Act of 1980, bat. industry with attendant increased reg- Congress explained the need for these There are things we can do to help ulatory burdens and costs as well as in- evidentiary protections as follows: Americans with this difficult prob- evitable conflicts and uncertainties re- lem—one that will affect almost every Because of the requirement that carriers sulting from a second layer of govern- concur in changes to joint rates, carriers aspect of the day-to-day lives of Ameri- ment oversight over the same activi- must talk to competitors about interline cans. We need government to get out of ties. movements in which they interchange. the way. We need the government to Given the highly regulated nature of That requirement could falsely lead to become part of what the President the freight rail industry, application of conclusions about rate agreements that were

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.005 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1438 CONGRESSIONAL RECORD — SENATE March 7, 2012 lawfully discussed. To prevent such a conclu- oppose the amendment and ask my col- less in taxes than do these other coun- sion, the Conference substitute provides pro- leagues in the Senate to do likewise. tries. cedural protections about lawful discussions Thank you, Madam President. So it is a useful chart that I think and resulting rates. The ACTING PRESIDENT pro tem- makes a couple of important points. These evidentiary protections are not pore. The Senator from New Mexico. The first point it makes is that the antitrust exemptions. They are de- f price patterns are remarkably similar signed to avoid prejudicial inferences in all countries; that is, the prices for ENERGY from discussions the railroads must gasoline in all of these countries re- have in order to implement joint ar- Mr. BINGAMAN. Madam President, I flect the world price of oil. Second, rangements. I am unaware of any com- wish to speak for a few minutes about while the patterns are similar, the U.S. pelling reason to alter Congress’s con- gasoline prices, which my colleague price is significantly lower because of sidered judgment in establishing these from Utah talked about a few minutes the lower taxes we pay in this country. procedural protections. Were these pro- ago, also about domestic oil and gas The second chart I have in the Cham- tections to be discarded, railroads production, and also about access to ber shows U.S. domestic oil production would be exposed potentially to legal federally owned oil and gas resources. and U.S. gasoline prices between 1990 liability for interline discussions, and These are issues that have been raised and 2011. Here, the red line is the they may choose simply not to partici- by numerous Senators on this Trans- change in domestic production year pate, and rail customers would be faced portation bill. They are issues of crit- over year. The blue line is gasoline with the burden of having to deal sepa- ical importance to our country’s econ- prices. What is striking about the rately with each railroad in a given omy, to national security, and to re- chart is the lack of relationship be- route in order to work out commercial source management. I have been in- tween the two lines. Even with U.S. and service details. creasingly concerned that the issues we production increasing, as it was at Third, and perhaps most critically, I are debating and the facts that are some points, oil prices also were in- am concerned that section 8 of the being put out there are often not the creasing and gasoline prices were in- amendment would effectively lead to true facts. There is widespread mis- creasing. retroactive application of antitrust understanding of what needs to be done So while domestic oil production laws, allowing a government agency or to deal with this set of issues, in my plays an important role in the energy private plaintiff to bring a case attack- opinion. security and the economy of our coun- ing past railroad activities that were Let me start with the issue that is try, its contribution to the world oil expressly immunized from the anti- most important to most Americans; balance is not sufficient to bring global trust laws in that respect. that is, the price of gasoline at the oil prices down. For this reason, in- Section 8(b) would allow antitrust pump—the price of oil and then, of creased domestic production unfortu- lawsuits for ongoing railroad activity course, the price of gasoline. We need nately will not bring down gasoline that was previously immunized from to understand clearly what is causing prices in our country. the railroad antitrust laws. This would these prices, and we need to be direct We also need to understand the sta- leave open the possibility that conduct with our constituents about what is tus of domestic production. Here again, in accordance with railroad merger and causing these prices. the facts are often misunderstood. For line sale transactions previously ap- Let me state as clearly as I can what example, we have heard the claim that proved by the Interstate Commerce I believe is really without dispute the United States and the Obama ad- Commission or the Surface Transpor- among experts; that is, we do not face ministration have turned away from tation Board as in the public interest, cycles of high gasoline prices in the producing the domestic oil and gas re- immunized by statute from antitrust United States because of a lack of do- sources we possess. The facts are very laws, and implemented by the rail- mestic production, and we do not face much to the contrary. roads, consistent with the agency’s ap- these cycles of high gasoline prices be- At the hearing we had in January in proval, could now be challenged as un- cause of the lack of access to Federal the Energy Committee, James lawful. resources or because of some environ- Burkhard, a managing director of IHS Were this to become law, the impact mental regulation that is getting in Cambridge Energy Research Associ- on the railroad network and its ability the way of us obtaining cheap gasoline. ates, described our situation in this to plan and invest to meet our Nation’s As was made clear in a hearing we had country as the ‘‘great revival’’ of U.S. growing transportation needs would be in the Senate Energy Committee in oil production. He provided this next adversely affected in a significant way. January, the prices we are paying for graph, which clearly demonstrates In summary, if this amendment oil and the products refined from oil, what we are experiencing in the United eliminated regulatory intervention in such as gasoline, are set on the world States. This graph shows the net the marketplace for rail transportation market. They are relatively insensitive change in production of petroleum liq- and left the rail industry subject solely to what happens here in the United uids in the United States and in other to the antitrust laws, I could, perhaps, States with regard to production. In- major oil-producing countries between endorse that effort. However, that is stead, the world price of oil and our 2008 and 2011. The U.S. increase is not the case. This amendment in- gasoline prices are affected more by shown by this very large column here creases rather than improves govern- events beyond our control, such as in- on the left. We can see that our in- ment oversight of the rail industry’s stability in Libya last year or insta- crease in production is far greater than activities and, in my view, is incon- bility in Iran and concerns about oil that of any other country in the world. sistent with the overarching goal of supply from Iran this year. The United States is now the third seeking greater competition in the First, I have two charts that I think largest oil producer in the world, after transportation marketplace unfettered make this point very clearly. I believe Russia and Saudi Arabia. by intrusive government regulation. this first chart I have in the Chamber Another chart on domestic produc- In addition, the amendment goes be- is very instructive. This is entitled tion is also instructive. This chart yond simply eliminating antitrust ex- ‘‘Weekly Retail Price for Premium Un- shows total U.S. oil production be- emptions and instead changes long- leaded Gasoline, Including Taxes tween 2000 and 2011. It clearly dem- standing policies and judicial doctrine Paid.’’ There are two lines on the onstrates that current increases in oil that are not antitrust law tenets. chart. The top line contains the weekly production are reversing several years Last year, when the Judiciary Com- retail prices in Belgium, France, Ger- of decline in that production. We have mittee favorably reported S. 49, which many, Italy, the Netherlands, and the not had to change any environmental is the text of Senator KOHL’s current United Kingdom. You can see how that laws or limit protections that apply to amendment, I made clear that my sup- has fluctuated. This is through Janu- public lands in order to get these in- port was contingent upon resolving ary of last year. The comparable prices creases. these and other concerns prior to floor paid in the United States are reflected This next chart shows the percentage consideration. Regrettably, such a res- in this bottom line. And, of course, the of our liquid fuel consumption that is olution did not occur, and I must now lower prices are because we pay much imported, including the projections the

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.007 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1439 Energy Information Administration Despite our relatively modest re- in the Outer Continental Shelf are cur- has made out to 2020. The trend is very source base for conventional petro- rently leased and that this is evidence encouraging. In 2005 we imported al- leum, the industry in the United States of lack of access to the resources. In most 60 percent of the oil we consumed. has led the world in developing state- my view, this is a misleading way to Now we import about 49 percent of the of-the-art technology for oil and gas think about the current situation. oil we consume. The Energy Informa- exploration and production, tapping Just as oil is not found uniformly ev- tion Administration projects that both conventional formations and un- erywhere on land but instead is con- these imports will continue to decline conventional resources, such as shale centrated where the geology is favor- to around 38 percent by 2020. This is an and tight sands. able, the same is true offshore. The enormous improvement that we would To use a boxing metaphor, we are total acreage on the Outer Continental not have thought possible even a few ‘‘punching above our weight’’ in oil and Shelf is huge. It is 1.7 billion acres. years ago. gas production, thanks to the tech- Much of it does not have oil and gas re- Now, let me say a few words about nology lead our companies have devel- serves that can be tapped economi- natural gas because that is also some- oped, and it is a success story our cally. thing which greatly affects utility bills country should celebrate. Even in light Oil and gas occurs in the greatest in this country and, of course, is very of this good news on domestic produc- quantities in only a few areas, such as important to our economy. tion, we hear claims that the Obama the central and western Gulf of Mexico. The good news continues as we look administration has withheld access to It is those productive regions in which at natural gas. This graph shows U.S. the oil and gas that is available on the industry expresses interest and natural gas production between 2000 Federal lands and the Outer Conti- which are the primary areas where and 2011. As we can see, there has been nental Shelf. So we in Congress are leasing is occurring that the Obama ad- a dramatic increase in recent years. As urged to mandate that virtually all ministration plan would cover. we have heard from the International federally owned oil and gas resources The total 1.7 billion acres is not a Energy Agency, headquartered in be leased for development more quick- useful metric without consideration of Paris, U.S. gas production grew by ly without regard to any impact that which of those acres actually have sig- more than 7 percent in 2011. Our nat- might have on other resources or eco- nificant oil and gas resources that are ural gas reserves are such that the economically recoverable. Much more United States is expected to become an nomic interests, without any scientific relevant is the amount of the resources overall net exporter of natural gas in analysis that is currently required. Again, however, the facts tell us a that are being made available. As I the next decade. And natural gas in- different story. Secretary Salazar tes- pointed out, Secretary Salazar has tes- ventories are now at record highs—20 tified before our Energy Committee on tified that the proposed 5-year oil and percent above their level at the same February 28 that oil production from gas leasing plan they have put forward time last year. In fact, there is so would make more than 75 percent of much natural gas being produced, the Outer Continental Shelf has in- the Outer Continental Shelf resources frankly, some producers are shutting- creased by 30 percent since 2008. It is available for development. in production. They are waiting and now at 589 million barrels—in 2010. An- The bottom line is, an increased hoping that prices improve before they nual oil production onshore on Federal amount of Federal acres and resources actually sell the natural gas they are lands increased by over 8 million bar- onshore and offshore are being made able to produce today. rels between 2008 and 2011. It is now This next chart contains production over 111 million barrels of production. available to industry. Production on data for the world’s largest natural gas Industry has been given access to federally owned resources continues to producers for the years 2008 through millions of acres, much of which they increase. The increase in this produc- 2010. There are three bars here. The either have not leased—not chosen to tion can be even greater if industry green bar is 2010 production, the most lease—or they have not put into pro- would lease and explore and produce on recent data available. This chart shows duction. In 2009, 53 million acres of the a greater percentage of the lands that that in 2009, the United States sur- resource-rich central and western Gulf are offered to them for lease, the lands passed Russia and became literally the of Mexico were offered for lease. Indus- that are believed to have some of the world’s leader in natural gas produc- try chose to lease only 2.7 million out highest oil and gas resource potential. tion. The green bar shows that trend of that 53 million acres. In 2010, 37 mil- Before I close, let me return for a continued in 2010. lion acres of the gulf were offered. Only moment to the issue of gasoline prices. So, unlike oil, the price of natural 2.4 million acres were actually leased It is clear we are increasing our domes- gas is not set on the world market. For in that year. tic production significantly but that natural gas, our enormous domestic re- In June of 2012, 3 months from now, gasoline prices continue to rise. So we sources and increased production have the administration will offer another 38 need to look for other solutions. This a significant effect on the price Amer- million acres in the central Gulf of does not mean we are powerless to help ican consumers have to pay on their Mexico for lease. The Interior Depart- reduce the price of gasoline. We know utility bills especially. Natural gas ment estimates that these areas could what we need to do. prices are near historic lows, and this produce 1 billion barrels of oil and 4 If we want to reduce our vulnerabil- is important to consumers who depend trillion cubic feet of natural gas. The ity to world oil prices and to volatility on this fuel for electricity, for heating. administration has recently proposed a of world oil prices, the most important It is good for manufacturers who de- leasing plan for 2012 through 2017 that measure we can take is to find ways to pend on natural gas. It is good for our would make at least 75 percent of the use less oil. One of our colleagues gave economy overall. undiscovered, technically recoverable a good speech a few years ago in which Further evidence of our extremely oil and gas resources on the Outer Con- he advocated that we produce more and robust domestic oil and gas production tinental Shelf available for lease. use less. We are doing a pretty good job is the fact that the number of oil and So even when the industry leases of producing more, and we need to do a gas drilling rigs active in the United these resources, it often does not move better job of using less. We can do States exceeds that of most of the rest to produce oil or gas from these areas much better in this ‘‘use less’’ part of of the world. As of last week, there they have leased. Onshore, out of 38 the equation without affecting the were 1,981 rigs actively exploring for or million acres currently under lease, the quality of life in this country. We can developing oil and natural gas in the industry has about 12 million acres ac- do that by being more efficient in our United States. The best comparable tually producing. Offshore, there are a use of fuel, by diversifying our sources figure we have for rigs operating inter- total of 35 million acres under lease. of transportation fuel away from oil. nationally is 1,871. This does not in- Six million acres of that is actually in We have taken some first steps along clude Russia. It does not include China. production. this path, notably in the Energy Inde- It is probably safe to say, though, that As of September 2011, industry held pendence and Security Act of 2007. It more oil and gas drilling is occurring over 7,000 permits to drill onshore that passed the Senate with a strong bipar- here in the United States than in any were not being used. I have heard it tisan vote. That law required us to other country in the world. stated that only 2 percent of the acres make our vehicles more efficient and

VerDate Mar 15 2010 23:43 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.008 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1440 CONGRESSIONAL RECORD — SENATE March 7, 2012 to shift toward relying more on renew- SURFACE TRANSPORTATION ACT challenge becomes very complex in- able fuel, and it is working. Demand is Mr. MERKLEY. Madam President, I deed. down. Biofuel use is up. Consumers rise to address the surface transpor- For instance, Oregon farmers who save money on fuel for their vehicles. tation bill that is on the floor. It has live just across the border from Idaho, Our percentage of imported oil has been a mark of the challenges this in these cases, the best market might dropped by over 10 percent. body faces in deliberation that we have be the nearest processing facility just How do we continue on this path for- now been on this bill for 3 weeks, and across the State line. These farmers ward toward reducing oil use and de- we have not had a debate over trans- are exactly the same as their counter- pendence? I think there are three areas portation amendments. But hope does parts elsewhere, except for one small we can focus on. First, we need to en- spring eternal. fact, the processing facility is across able further expansion of our renewable In that spirit, I wished to come to the border. This arbitrary distinction fuel industry, which is currently facing the floor and share some thinking can mean major differences in how infrastructure and financing con- about the amendments that we should these farmers and ranchers have to do straints. Second, we need to move for- be debating and should be approving in business in the form of additional bur- ward the timeline for market penetra- this process. Certainly, the underlying densome regulations, regulations such tion of electric vehicles. Finally, we Transportation bill is a great step to- as vehicle inspections for every trip the need to make sure we use natural gas ward our No. 1 goal of passing legisla- vehicle makes, even if the farm vehicle vehicles in as many applications as tion that would create jobs, put people is simply driving from the field to the make sense based on that technology. back to work in the hardest hit sectors barn or having to adhere to reporting Every barrel of oil that we are able to of our economy. requirements for things like hours of displace in the transportation sector Building and repairing our transpor- service rules, even though the farmer is and that we therefore do not need to tation infrastructure will create or just driving an hour down the road; or consume makes our economy stronger. save 2 million jobs nationwide, good- obtaining medical certifications meant Obviously, it also helps our personal paying jobs that would provide a huge for commercial truck drivers. pocketbooks. It makes us less available boost to our struggling construction This amendment would simply make to the volatility of the current market- industry, the families, to the workers, life a little easier and more logical for place. This is not to say we should not and to our economy. This infrastruc- these farmers by exempting them from keep drilling and that the Obama ad- ture we would be building is a down- these regulations designed for inter- ministration should not continue to payment for the success of our future state transport, not designed to inter- move forward with its plans to bring economy. vene or interfere when a farmer is at- even more supplies into the market. China is spending 10 percent of its tempting to take his product to mar- We lead the world in innovative explo- GDP on infrastructure. They are pre- ket. We have put limits on mileage and ration and production technology. It is paring for a stronger economy in the limits on purpose to make sure it helpful to our economy and our na- future. Europe is spending 5 percent of serves the intended function—to get rid tional security to increase domestic their GDP, but in America we are of that arbitrary boundary that creates supply, and that is exactly what is hap- spending only 2 percent. Indeed, it was a regulatory nightmare. pening. not but a few months ago that our col- A second amendment is related to But in the many debates we will have leagues on the House side of Capitol freight. The underlying bill has a in the future over issues related to gas- Hill said we should cut transportation freight program to improve the per- oline prices, we need to recognize the spending by 30 to 35 percent, which formance of the national freight net- key issue very clearly is not lack of ac- would devastate the infrastructure ef- work. That is a proposal that will help cess to federally owned oil and gas re- forts that are underway, even within make desperately needed improve- sources. Our public lands contain many the existing 2 percent, the small ments. There are a few technical im- resources and uses that Americans amount we are spending. provements that would further improve value. We do not need to sacrifice Is it any wonder our communities are the bill; that is, to recognize that fund- science or balance the protection of struggling to repair the bridges and ing should be used in the most efficient these other resources and economic in- roads we have, let alone to solve the and effective way to ensure that high- terests in order to have robust domes- challenges, the bottlenecks in the value goods are being moved quickly to tic production. transportation lines that need to be ad- market. The long-term solution to the chal- dressed for the future. We have made a We often think of freight in terms of lenge of high and volatile oil prices is good start in committee on this bill, volume or tonnage. But when we start to continue to reduce our dependence despite the paralysis on the floor of the looking at the high-tech sector, we can on oil. This is a strategic vision that Senate. We had elements of this bill go have enormously high-value content President George W. Bush, who had through four different committees and such as that produced by the microchip previously worked in the oil industry, incorporate good ideas from both sides industry in Oregon and the roads nec- clearly articulated in his State of the of the aisle in each of those commit- essary to make sure that high-value Union speech in 2006. We subsequently tees and come to the floor in a bipar- freight gets to market, which drives a proved in Congress in 2007, the year tisan fashion. tremendous number of jobs. It is just after that State of the Union speech, I wish to share a couple other as important to address as are the that we have the ability to make sig- thoughts to build on this groundwork routes that involve high tonnage and nificant changes in our energy con- that came out of our committees, com- volume. sumption and that it is possible to mo- monsense fixes, cutting redtape, and Let’s turn to a third issue, which is bilize a bipartisan consensus to do closing loopholes. The first amend- ‘‘Buy American.’’ I salute my col- that. The bipartisan path the Senate ment, No. 1653, is one I am sponsoring leagues, SHERROD BROWN and BERNIE embraced in 2007 is still the right ap- with my colleagues Senator TOOMEY SANDERS, for working on these issues. proach today. and Senator BLUNT. Right now, farmers We already recognize the principle that As part of whatever approach we are exempt from certain Federal regu- if we are paying to complete a public take to energy and transportation in lations when they transport their prod- infrastructure project in America, it the weeks and months ahead, we need ucts in farm vehicles, as long as they only makes sense for American busi- to be honest with our constituents are transporting these products inside nesses and workers to do as much of about what works, and we need to keep their own State. But should they ven- the work as possible. moving in the direction that we began ture across State lines, even by just a Unfortunately, there are several moving in with that 2007 bill. We need short distance, then the Federal regu- loopholes that have undermined this to allow the facts and not the myths to lations are triggered. So we have farm- basic premise in recent years. My be our best guide. ers who are simply trying to get their amendment No. 1599 is an amendment I yield the floor. products to market, to the local grain that addresses one of these loopholes. The ACTING PRESIDENT pro tem- elevator, if you will, and they have to This summer, construction of a rail pore. The Senator from Oregon. cross a State border and suddenly their bridge in Alaska to a military base will

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1441 be undertaken by a Chinese company The ACTING PRESIDENT pro tem- areas that are so essential to our eco- because the Federal Rail Administra- pore. Without objection, it is so or- nomic future just as they are to our en- tion, unlike the Federal Transit and dered. vironmental future. It looks as though Federal Highway Administration, f we are going to face that and a vote doesn’t have the ‘‘Buy American’’ pro- probably on the Keystone XL Pipeline. vision. An American company was CONCLUSION OF MORNING Again, I am very sad we could not ready to build this bridge, but because BUSINESS come together when we have a bill that of this loophole the contract went to a The ACTING PRESIDENT pro tem- got an 85-to-11 vote to proceed to it. We Chinese company using Chinese steel. pore. Morning business is closed. still have to face a filibuster and still Isn’t it frustrating that the infrastruc- f we had to lose two votes to cut off de- ture to provide access to a military bate. But the Senate, being the Senate, base involves jobs and the steel going TO APPLY THE COUNTERVAILING this is it. across the Pacific Ocean? DUTY PROVISIONS OF THE TAR- So now we have to vote. The two Then I wanted to note that a related IFF ACT OF 1930 TO NONMARKET leaders can agree. I hope they can work amendment led by Senator SHERROD ECONOMY COUNTRIES together to achieve an agreement BROWN, No. 1807, addresses another The ACTING PRESIDENT pro tem- whereby we would have votes on these ‘‘Buy American’’ challenge. States pore. Under the previous order, the extraneous matters, and, hopefully, we have been using a project segmentation Senate having received H.R. 4105, the would not have a prolonged debate on loophole to avoid putting Americans to text of which is identical to S. 2153, the them because this is a highway bill. work, to avoid the ‘‘Buy American’’ Senate proceeds to the consideration of Thousands and thousands of businesses seal. H.R. 4105, the bill is considered read a are waiting for us to act. By March 31, The Bay Bridge in California put in third time and passed, and the motion if we don’t act, everything stops. In 12 separate projects so that Federal to reconsider is considered made and your State and mine all these highway funds would only apply to a couple of laid upon the table. projects will shut down with no Fed- those pieces. This allows the bulk of eral contribution at all, which is most f the bridge to be built—you guessed it— of them. with Chinese steel, by Chinese workers. MOVING AHEAD FOR PROGRESS IN I am hopeful. I cannot report to the My amendment is modeled after a Re- THE 21ST CENTURY ACT Senate that we have an agreement publican amendment in the House The ACTING PRESIDENT pro tem- now, but I hope we will have one at Transportation bill, by Representative pore. Under the previous order, the some point today. Once we do have CRAVAACK of Minnesota, to close this Senate will resume consideration of S. that, we have a path forward; and if we loophole and ensure that the spirit of 1813, which the clerk will report. work together in goodwill, we can get the law is upheld. These provisions The assistant legislative clerk read this done. were incorporated into the amendment as follows: Frankly, I don’t think we have a led by Senator SHERROD BROWN. A bill (S. 1813) to reauthorize Federal-aid choice but to get it done. Everything, I urge my colleagues to support these as I said, expires March 31. Here it is amendments to make these common- highway and highway safety construction programs, and for other purposes. March 7 and we have a few days left be- sense fixes to our transportation pro- Pending: fore this whole thing blows up, and we gram. We must have debate on the will have no highway bill and people amendments on the Senate floor. This Reid amendment No. 1761, of a perfecting nature. will be laid off. room should not be empty. The con- In this economic time, that is the versation should not be quiet because Reid amendment No. 1762 (to amendment No. 1761), to change the enactment date. last result we need. We need to fix our transportation is at the heart of our Reid motion to recommit the bill to the highways, bridges, and roads. economy. Committee on Environment and Public Madam President, the occupant of We have a construction industry that Works, with instructions, Reid amendment the chair is a proud member of the En- is flat on its back. We have interest No. 1763, to change the enactment date. vironment and Public Works Com- rates that are low. We have infrastruc- Reid amendment No. 1764 (to (the instruc- mittee. She has worked hard to get us ture that needs to be built. This is a tions) amendment No. 1763), of a perfecting to this day. I know she has worked win-win for our future economy and nature. hard to bring this debate to a close and our current workers and our current Reid amendment No. 1765 (to amendment No. 1764), of a perfecting nature. get a path forward. We can all hope economy. Let’s get to work. I ask my col- The ACTING PRESIDENT pro tem- that happens today. leagues to continuously object to pore. The Senator from California. I will be back on the floor with Sen- amendments being debated—for those Mrs. BOXER. Madam President, I ator INHOFE. I am hopeful the two of us listening in, the Senate has had a rule thought I would use this opportunity can lead us through this bill and get that any Senator can block an amend- to inform our colleagues and anyone this bill done. Then I think we can ment. We have to get 100 percent of the following this transportation debate as have the House follow our example of Senators to agree to bring an amend- to where we are. Democrats and Republicans working ment to the floor. The social contract Yesterday, we had an opportunity to together. If they start that over there, that allows this to happen on a regular stop the filibuster and get right to our they will have the bill quicker than and orderly fashion in the past has bill and get it done and protect 1.8 mil- they think, and we can finally put this been broken. So while families across lion jobs and create another 1 million. behind us and send a message that we this country look to us to put a trans- We didn’t do that—pretty much on a are functioning. portation plan into place for our future party line vote. The filibuster con- This concept of a Federal highway economy and to put America back to tinues. system was brought to us by a Repub- work now, we are sitting here fiddling. The hopeful sign we had was right be- lican President, Dwight Eisenhower. Let’s end the fiddling and do our work fore the vote when the Republican He understood logistics better than so America can do its work of rebuild- leader said he was open to reaching an most. He knew we could not have a ing our highway infrastructure. agreement. I was hopeful that agree- thriving economy if we could not move Madam President, I yield the floor ment would not contain extraneous goods and people. So I am hopeful. I and suggest the absence of a quorum. votes. I don’t think that is going to will be back on the Senate floor when The ACTING PRESIDENT pro tem- happen. I think we are going to face ex- we have an agreement and we can move pore. The clerk will call the roll. traneous votes—to repeal Clean Air forward. The assistant legislative clerk pro- Act rules, to open our States to drill- I will yield the floor, as I know the ceeded to call the roll. ing that rely on fishing and tourism Senator from Vermont is here. I always Mrs. BOXER. Madam President, I ask and recreation when we know the oil look forward to his comments. unanimous consent that the order for companies have millions of acres they The ACTING PRESIDENT pro tem- the quorum call be rescinded. can drill on without going to these pore. The Senator from Vermont.

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.011 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1442 CONGRESSIONAL RECORD — SENATE March 7, 2012 CITIZENS UNITED Madam President, I ask unanimous sound environmental public policy and Mr. SANDERS. Madam President, consent to have printed in the RECORD furthers our dependence on Middle over 2 years ago, the Supreme Court the names of the 55 towns that passed Eastern oil. rendered what I consider to be one of resolutions yesterday to overturn Citi- Increasing costs for our Nation’s the worst decisions in the history of zens United. the United States Supreme Court, and There being no objection, the mate- transit riders should be rejected out of that is regarding the case of Citizens rial was ordered to be printed in the hand by the Senate. I will continue to United. In that case, the Supreme RECORD, as follows: work with my colleagues to ensure Court, by a 5-to-4 decision, determined Bolton, Brandon, Brattleboro, Bristol, Bur- that we do what is responsible and that that corporations are people, and they lington, Calais, Charlotte, Chester, we maintain transit funding to encour- have first amendment rights to spend Chittenden, Craftsbury, East Montpelier, age the use of mass transit and reduce as much money as they want on elec- Fayston, Fletcher, Greensboro, Granville, our dependence on foreign oil. I under- tions. I think when that decision first Hardwick, Hartland, Hinesburg, Jericho, Marlboro, Marshfield, Monkton, Moretown, stand we have many very difficult deci- came about a lot of people in this coun- Montpelier, Newfane, Peru, Plainfield, Ran- sions to make as we debate this bill, try didn’t pay attention to it. They dolph, Richmond, Ripton, Roxbury, Roch- but I think stopping New York’s tran- looked at it as an abstract legal deci- ester, Rutland City, Rutland Town, Sharon, sit system in its tracks is simply not a sion, not terribly important. Shelburne, South Burlington, Thetford Cen- Well, today the American people un- ter, Tunbridge, Underhill, Waitsfield, Wal- credible solution. derstand the disastrous impact that de- den, Waltham, Warren, West Haven, I also have a few amendments for cision has had because what they are Williamstown, Williston, Windsor, Winooski, this bill. Each of them is equally im- seeing right now on their television Woodbury, Woodstock, Worcester, portant and they address different screens all across this country is a I am proud to sponsor a constitu- issues. The first one I wish to address handful of billionaires and large cor- tional amendment which would over- affects me as a mom of two young boys turn Citizens United and return the porations spending huge amounts of who I know will want to be driving at power to regulate elections to Congress money on the political process, and the 16. Kids all across America cannot wait American people are asking them- and the states. In the coming weeks for that day when they get their driv- selves: Is this really what people and months I hope to see more towns, er’s license. But there are terrible sta- fought and died for when they put their cities, counties, and states pass similar lives on the line to defend American resolutions. tistics about teen deaths. In fact, one democracy? Is American democracy Mr. SANDERS. Madam President, I statistic showed 11 teens die every sin- evolving into a situation where a small yield the floor, and I suggest the ab- gle day because of car accidents. I number of billionaires can put hun- sence of a quorum. know every family in America has been dreds of millions of dollars into the po- The ACTING PRESIDENT pro tem- affected by those horrible high school litical process in this State and that pore. The clerk will call the roll. tragedies, of kids dying in a car acci- The assistant legislative clerk pro- State, in Presidential elections, and dent on their way home from the big ceeded to call the roll. then elect the people who will govern Mrs. GILLIBRAND. Mr. President, I game, on their way from the prom, this country? ask unanimous consent the order for every scenario we can imagine. I believe very strongly the American the quorum call be rescinded. We have to give our teens better people do not think that is appropriate, The PRESIDING OFFICER (Mr. and I am very happy to say that yester- tools, better training, so when they get FRANKEN). Without objection, it is so to become full-time drivers and have day, on Town Meeting Day in the State ordered. of Vermont—I think my small State Mrs. GILLIBRAND. Mr. President, I all the various permissions allowed, has begun the process to overturn this rise to speak about an issue of great they are ready for that. We can imag- disastrous Citizens United decision. We importance to millions of my constitu- ine the scenarios in our own minds as had 55 towns at town meetings demand ents in New York, our Nation’s trans- parents, I know. Think about texting the Congress move forward to overturn portation system, particularly public and driving. One cannot imagine how Citizens United and restore American transit. This is the very lifeline that deadly distracted driving is in our democracy to the concept of one per- millions rely on to get to and from country. Imagine the young driver who son, one vote. work, to bring their paychecks home does not have a lot of judgment. Imag- What we do on Town Meeting Day in every single day to their families at ine the young driver who has five other Vermont, all over our State, is people night. Various proposals that have come together and argue about the kids in the car and they are coming been put forth throughout the course school budget. They argue about the back from the big game and they are of the debate in both the House and the town budget. They debate the issues, all excited and they are all listening to and then they vote. What people in Senate would actually slash funding the music and it is nighttime. Those Vermont are saying is they do not for mass transit. The proposal ad- are risky situations where we know if want to see our democracy devolve into vanced by the House Republicans last we give those drivers more training be- a situation where corporations are de- month to eliminate the mass transit fore they are in those risky situations, account of the highway funds was a termining who will govern our Nation. they will be able to handle them bet- stunning misunderstanding of our Na- So I am very proud that in the State ter. of Vermont just yesterday 55 separate tion’s transit needs. Cutting off public towns voted to urge the Congress to transit from its traditional funding Experts agree the graduated driver’s move forward on a constitutional source without providing viable alter- license, basically gradually phasing amendment to overturn Citizens natives is irresponsible. In fact, former teens into the driving experience with United. I hope we will heed what the Congressman and now Transportation different responsibilities and different towns in Vermont are saying. I hope Secretary Ray LaHood called the permissions as they get older, is the other towns and cities in States all House bill ‘‘the worst transportation way to begin to address some of these over the country will move forward in bill’’ he had ever seen. risks. It has been a proven effective that direction. I hope the day will Let me state some clear facts. New method in many States that have al- come—sooner rather than later—where York’s Metropolitan Transit Authority ready instituted graduated driver’s li- is the Nation’s largest public transpor- the Congress will entertain a constitu- censes. So I think we need to have a tional amendment and bring it back to tation system, operating over 8,000 rail and subway cars and nearly 6,000 buses. national priority, a priority that says the States. they must as a State put in some basic Madam President, at this difficult On an average weekday, nearly 8.5 mil- moment in American democracy, it is lion Americans ride these trains, sub- training requirements, some measure imperative that we stand and reclaim ways, and buses operated by the MTA of graduated driver’s license, to ensure our democracy and say to the million- to commute to work or to visit the when these kids get on the road they aires and billionaires and the large cor- city, which generates enormous eco- have the skills and tools they need to porations: Sorry, this country belongs nomic revenue, not just for New York keep themselves safe, their passengers to all of us. This democracy belongs to but for our country. Moving these rid- safe, and the other drivers on the road all of us and not just to you. ers into cars flies in the face of any are safe as well.

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.012 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1443 As parents, as people who set public gang activity, violence, and sometimes The Innovative Concept Academy policy for our Nation, we should be acute poverty. But through discipline, provides these students and many like making the safety and well-being and hard work, and determination, Judge them with so many important serv- the lives of at least those 11 teens Edwards rose above these cir- ices—a quality education in a safe en- every day who die a priority, and this cumstances. He earned his bachelor’s vironment; one-on-one mentoring with is a proven way to do it and we can do and law degrees from St. Louis Univer- school staff, counselors, deputy junior it. sity before being appointed to the officers, and police; an array of extra- The second amendment basically in- State bench in 1992, and for 4 years he curricular and afterschool activities, creases economic opportunity. New has served as the chief judge of the St. many of which are often new experi- York is unusual in that we are a border Louis Family Court’s Juvenile Divi- ences for these students, including golf, State. We share a border with Canada. sion. chess, dance, classical music, and cre- There is so much opportunity for cross- During his service on the bench, ative writing; uniforms, meals, and so border transactions and cross-border Judge Edwards became increasingly many other necessities are also pro- commerce. This change is very simple. concerned about the number of young vided; and with tough love and impor- It gives authority to our States to in- repeat offenders coming into his court- tant lessons about discipline, respect, vest in critical border crossings, such room time and time again, only to be anger management, goal setting, and as freight and passenger rail systems. sent back to the same troubled envi- follow-through. By providing this very simple change, ronment that negatively influenced All of this allows the students to States such as New York, California, their behavior in the first place. From meet their full potential, and St. Louis Vermont, and Texas will be able to his own experience, he knew that offer- has seen positive results already. The ing these kids the opportunity for a academy has an attendance rate of choose to enhance these crossings and proper education and for mentoring over 90 percent. Let me repeat that. increase many more economic engines was absolutely critical to breaking the The academy has an amazing attend- to address our tough economy. cycle. ance rate of over 90 percent, and we are The last amendment, equally impor- In 2009 Judge Edwards, together with seeing significant improvement in tant, is about jobs. How do we create the St. Louis public school district, the these young people’s grades. And the the economic engine to get America Family Court Juvenile Division, and students are responding positively. For working again? One way is to increase the nonprofit organization MERS/ example, at the end of the first semes- our pipeline, actually do better train- Goodwill Industries, founded Innova- ter at the academy, the suspensions of ing for jobs that are available. One of tive Concept Academy, a unique edu- 40 of the students ended and the stu- the ways we can do that is this pilot cational opportunity for juveniles who dents were supposed to return to their program, already proven effective else- had already been expelled from the home school. Almost every student where, the Construction Careers Dem- city’s public schools and who were on asked if they could stay at the acad- onstration Project, amendment No. parole. These young people, whom emy because they know the academy is 1648. Basically, it is a proven common- many would have given up on, found a a special place where they can improve sense strategy for at-risk workers to formidable advocate in Judge Edwards their lives. give them an opportunity to be trained and the academy. From the beginning, The innovative program has garnered in the building and construction trades Innovative Concept Academy has been national attention. Judge Edwards has so they find employment, they provide devoted to helping at-risk youth appeared as a guest on a number of for their families, and we reduce unem- achieve success through education, re- major network shows and most re- ployment. It is a very simple change. It habilitation, and mentorship. Its mis- cently was honored by People Magazine is just a pilot program. sion—to enrich the learning environ- as one of its 2011 Heroes of the Year. I urge my colleagues to support these ment for some of our most troubled But, for him, it is not about the maga- three amendments and focus on how we kids—has resulted in second chances zines or the interviews; for him, it is can pass a good, useful, beneficial for these young men and women to dra- still about the kids. transportation bill which will get our matically improve their lives. I am proud that Judge Edwards hails economy moving. At the start, Judge Edwards planned from my home State of Missouri and I suggest the absence of a quorum. on providing educational and men- from my hometown of St. Louis. His The PRESIDING OFFICER. The toring services to 30 students who had compassion for those whom society clerk will call the roll. been suspended or expelled due to Mis- may have given up on and his common- The bill clerk proceeded to call the souri’s Safe Schools Act. When he sense and innovative approach to solv- roll. asked the St. Louis public schools for a ing the problems facing some of our Mrs. MCCASKILL. Mr. President, I building to use for the program for 30 young men and women are inspira- ask unanimous consent that the order students, they asked him if he wouldn’t tional. He is compelled by his duty to for the quorum call be rescinded. mind taking on the responsibility of serve and uplift the next generation no The PRESIDING OFFICER. Without 200 more. This was a challenge he ac- matter what the circumstances. He objection, it is so ordered. cepted with his usual enthusiasm and said it best when he observed that ‘‘if Mrs. MCCASKILL. Mr. President, I can-do attitude. the community, and that includes ask to speak as in morning business for During the first year of its existence, judges, does not take it upon itself to up to 5 minutes. the academy saw 246 students move educate the children, then our commu- The PRESIDING OFFICER. Without through its doors. Today the academy nity and what we stand for will be no objection, it is so ordered. teaches at-risk youth between ages 10 more.’’ This notion that we all succeed TRIBUTE TO JUDGE JIMMIE EDWARDS and 18 and has an enrollment of over when we work together with a common Mrs. MCCASKILL. Mr. President, I 375. Some of these students are visiting cause and unified purpose is central to rise today to speak about a new and our Nation’s Capital this week with our American identity. successful program for at-risk youth in Judge Edwards, his wife Stacy, his I ask my distinguished colleagues to St. Louis—the Innovative Concept daughter Ashley, and his son John, join me in congratulating the Innova- Academy—and about its founder, my along with chaperones. Here today tive Concept Academy and Judge friend, Judge Jimmie Edwards. Before I along with Judge Edwards and his fam- Jimmie Edwards. The success of the talk about the school and the incred- ily and chaperones are students Angel academy and Judge Edwards’ dedica- ible work Judge Edwards has done in Tharpe, Deyon Smith, Tyrell Williams, tion and service to the St. Louis com- the St. Louis community, I wish to and Nadia Jones. These are young men munity should be an inspiration for ev- spend a moment talking about his and women who have turned their lives erybody serving in this Chamber. If we childhood roots. around with the help of Judge Edwards could have a little bit of Judge Jimmie Judge Edwards grew up on the north and the academy and who serve as an Edwards’ attitude about working to- side of St. Louis in the shadows of the inspiration to others in the community gether, not worrying about taking the city’s Pruitt-Igoe housing project. The and, frankly, an inspiration to me. I credit, and a can-do attitude, it is residents of this housing project faced am so proud of what they have been amazing what we could accomplish on many challenges, including drug and able to accomplish. behalf of the American people.

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.015 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1444 CONGRESSIONAL RECORD — SENATE March 7, 2012 Mr. President, I yield the floor for His colleagues at the circuit court law, a law that I believe is bad for pa- my distinguished colleague, the Sen- admire what he has done. The families tients, it is bad for providers—the ator from Missouri, Mr. BLUNT. involved, the teachers involved, the nurses and the doctors who take care The PRESIDING OFFICER. The Sen- community partners involved admire of those patients—and terrible for tax- ator from Missouri. what has happened here. MERS Good- payers. Mr. BLUNT. Mr. President, I ask will, the St. Louis public schools, ac- March 23 of this year, a little over 2 unanimous consent to speak as in cording to the judge himself, court em- weeks from now, will mark the second morning business for up to 5 minutes. ployees, all the teachers and staff and anniversary of the President’s health The PRESIDING OFFICER. Without volunteers at the school have made a care law being signed. Two years ago at objection, it is so ordered. difference in the Innovative Concept this time, Democrats in Congress said Mr. BLUNT. Mr. President, I thank Academy. the Americans would learn to love this my colleague for all the comments she Judge Edwards said: law. As a matter of fact, on March 28, has made about Judge Edwards, his By supporting our school St. Louis is refus- 2010, the senior Senator from New York family, and the school. This is truly a ing to give up on troubled juveniles and, in Mr. SCHUMER said: As people learn remarkable story. I know both of our turn, the students are proving that hope for what’s exactly in the bill, 6 months staffs have been telling us for some a better life is a universal dream. from now by election time—the elec- time now of incident after incident of What a great story this is. His col- tion of 2010, remember—this is going to young people’s lives that are being leagues see him as a hero among us. be a plus. Because the parade of changed by this school, by a judge who People magazine has talked about this. horribles, particularly the worries that decided he needed to get outside the I notice and like in the People maga- the average middle-income person has courtroom to make a difference in the zine article what they refer to as Judge that this is going to affect them nega- lives of kids. Jimmie’s rules. Here are three of Judge tively, those will have vanished and In fact, People magazine calls this Jimmie’s rules. they will see it will affect them posi- the ‘‘School of Last Resort.’’ It is a One headline is, ‘‘No Saggy Pants.’’ tively in many ways. Here we are 2 years later. We know chance, it is an opportunity of which Like mumbling, bad grammar and rude- that is definitely not the case. The many are taking advantage. ness, droopy pants are big no-nos [at this Judge Ohmer, presiding judge of the school]. ‘‘Kids need to understand what it health care law is more unpopular circuit where Judge Edwards works, means to be civilized,’’ says Edwards. today than it was when it was passed put out the following statement. He Another rule: ‘‘No Loitering.’’ and NANCY PELOSI famously said: First, you have to pass it before you get to said: Edwards wears his kids out with after- find out what is in it. The more the The editors of PEOPLE magazine have se- school activities. ‘‘I expect them to be so lected St. Louis Juvenile Court Judge tired that they can’t do anything but go American people have learned about Jimmie Edwards as one of the publication’s [home and go] to sleep, get back up and start the President’s new law, the less they ‘Heroes of the Year’ for 2011. Judge Edwards [the day] all over again.’’ like it. Maybe that is why the White was profiled in a recent issue of the maga- Then maybe the best rule of all: ‘‘No House and Democrats in Congress are zine and the announcement was made in the Quitting.’’ hoping this 2-year anniversary of the November 7, 2011 issue. ‘‘As long as you’re trying,’’ says Edwards, health care law passes quietly and Quoted in this comment from his col- ‘‘you’re succeeding.’’ without great fanfare, while Repub- league, the magazine said: This is being proven time after time, licans believe the American people de- serve to know exactly how this law is ‘‘We chose men and women who reached day after day: One person can make a going to impact them as well as the across boundaries to help strangers or difference, and the way this one judge worked within their communities to deepen health care they receive. has made a difference is inspiring a lot bonds. From Logan, Utah . . . to Judge So in the lead-up to the second anni- Jimmie Edwards of St. Louis who started a of other people to come together and versary of the law, I am going to talk school for wayward teens, the 2011 winners make that difference, and then inspir- about specific ways the law has actu- never let daunting odds stand in their way,’’ ing these kids and others who care ally made it worse for the American said Managing Editor [of People magazine] about them to decide that this is the people—something I believed from the Larry Hackett. school of last resort, but the school of beginning would happen and now, 2 In 2009, after watching a string of last resort can produce lots of great re- years later, we are seeing is specifi- teen offenders come through his court- sults, and we are seeing that happen. I cally the case: It has hurt jobs, it has room, Judge Edwards decided to take am proud this is going on in our State driven up costs, it has given Wash- action. Along with 45 community part- and hope that Judge Edwards’s exam- ington more control over Americans’ ners, he took over an abandoned school ple becomes an example for community health care, and I believe it has weak- that he and I were talking about ear- after community around this country. ened Medicare. lier today and opened the Innovative I yield back the floor and suggest the Today, Senator CORNYN and I are Concept Academy. Providing strict dis- absence of a quorum. going to focus on how the law threat- cipline, counseling, and programs such The PRESIDING OFFICER (Mr. ens Medicare and specifically our sen- as, as my colleague mentioned, music, UDALL of New Mexico). The clerk will iors trying to get a doctor, our seniors chess, and creative writing, the center call the roll. trying to get health care, and how this literally has changed life after life of The legislative clerk proceeded to new Washington board, called the Inde- young person after young person, giv- call the roll. pendent Payment Advisory Board, has ing them the opportunity to graduate Mr. BARRASSO. Mr. President, I ask had that impact. It is an unaccount- from high school and lead successful unanimous consent that the order for able board. It is a group of unelected lives after they had been expelled from the quorum call be rescinded. bureaucrats who will decide how to high school at an earlier time. The PRESIDING OFFICER. Without fund the care that is covered by Medi- These winners each received an objection, it is so ordered. care. award of $10,000 that they were able to Mr. BARRASSO. I ask unanimous So I come to the floor with my col- use for their favorite causes, and cer- consent to speak as if in morning busi- league Senator CORNYN. He has been tainly Judged Edwards has this cause ness and engage in a colloquy with my traveling around the State of Texas as and others. colleagues for up to 20 minutes. I have been traveling around the State Quoting Judge Edwards: The PRESIDING OFFICER. Without of Wyoming talking with seniors, vis- I am thrilled that our school has received objection, it is so ordered. iting with them, asking about their this recognition but also amazed at the other A SECOND OPINION needs. They have great concerns about individuals across America profiled by the Mr. BARRASSO. Mr. President, I what is happening with this health magazine. come to the floor, as I do week after care law, to the point that this week Judged Edwards is married to Stacy, week, as a physician who has practiced the House of Representatives is actu- and Stacy is here today in Washington medicine in Wyoming for almost one- ally working in a bipartisan way to re- with two of their three children—Amy, quarter of a century to give a doctor’s peal this Board, these unelected, Wash- Ashley, and John. second opinion about the health care ington-appointed bureaucrats. To me,

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.016 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1445 it is the commission that is going to unelected bureaucrats—decides they would have the consequence, as he said, ration seniors’ care and make it harder are going to decide how much to pay of limiting people’s access—because if for our seniors to see a health care pro- for a doctor’s visit, how much they are all they are going to do is cut provider vider and get the care they need. going to pay a hospital for a bypass payments to hospitals and doctors, I know Senator CORNYN is leading the surgery or a hip replacement, which is then fewer and fewer doctors and hos- effort in the Senate to work with the an area of my specialty. That hospital pitals are going to be able to see those House in an effort to repeal this pay- has to decide if they are going to pro- patients. Does he see an alternative ment board. I know Senator CORNYN is vide that service. That doctor gets to that would perhaps help contain costs doing this in an effort to protect our decide whether they are going to see more by using transparency, patient seniors, to make sure our seniors get that patient. choice, and good old-fashioned Amer- the care they need. So I would ask that In rural communities, if the reim- ican competition? I am thinking, in the Senator possibly share with me and bursement is so low—and I have heard particular, about the rare success we others the concerns he has and the con- this from hospital administrators in have had in the health care area con- cerns he has heard and ways he is hop- Wyoming. If the reimbursement level taining costs in the Medicare Part D ing to address them. is so low for a procedure that is pri- Program, to me, perhaps a model even Mr. CORNYN. Mr. President, I am marily, if not exclusively, done on peo- where seniors have a choice between happy to respond to my colleague from ple of Medicare age—and we can think competing health care plans and where Wyoming Senator BARRASSO, who has of those things that are more likely to they get their prescription drugs. But been not only a Senator but a medical happen with someone over the age of because of the choices they have and doctor and who has been on the receiv- 65—the hospital may ultimately decide the natural competition that occurs, ing end of government policy, that they cannot continue to afford to pro- we get market forces disciplining while it may be well intended, back- vide those services and keep the doors costs. Indeed, it is a very popular pro- fires, particularly this bipartisan sup- open to a hospital. So seniors in that gram, but the projected costs for Medi- port now we have seen in the House of community will then be denied access care Part D have come in at about 40 Representatives Energy and Commerce to the care in their own community be- percent less than what was originally Committee yesterday, where they cause the hospital will no longer do or projected. It strikes me that is one of voted to repeal this Independent Pay- provide that service, whether it is by- the missing elements with outsourcing ment Advisory Board—Independent pass heart surgery, whether it is total of this responsibility to this unelected, Payment Advisory Board, IPAB—not joint replacement. That senior then unaccountable group of bureaucrats, iPOD, IPAB. has to travel greater distances to try where the only thing they try to do is The reason this is so important, and to find someplace to do that. The hos- cut provider payments. Does the Senator see any alternative I would like to ask my colleague, from pital may look at reimbursement for a along the lines of Medicare Part D or his long experience as a medical practi- procedure or different kinds of tech- tioner, the purpose of this 15-member, otherwise? nology and say: The reimbursement is Mr. BARRASSO. I think the two key unelected, unaccountable bureaucracy so low we are not going to upgrade our words I heard the Senator from Texas to actually set prices for health care, x-ray equipment or our MRI machine. say are ‘‘choice’’ and ‘‘competition’’ what happens if, to the exclusion of all Again, that community would suffer. because those things put the patient at other health care reform, the IPAB or Even during the debate of the health the center. It is patient-centered care, the Federal Government generally cuts care law, we heard in many rural com- not government-centered care, not in- reimbursement to providers? It would munities that 1 in 10 hospitals was surance company-centered care but pa- seem to me we get a phenomenon that likely to actually be so financially tient-centered care. It is something we we get the illusion of coverage, but we stressed by the health care law that have been talking about for years on have no real access to health care. they may end up having to close their the Senate floor, at least on this side of The experience we have had in Texas doors over the next 10 years. I am hear- the aisle, to put the patient at the cen- is, for example, Medicaid and the Presi- ing that in Wyoming. But it is because ter to give them the choice, as well as dent’s health care bill puts a whole lot of this Board that the President wants have the availability of the competi- of people into Medicaid, but only about to be the one to essentially, it looks to tion. one-third of Medicaid patients can find me, do the rationing of care. The concern I have—and I was at a a doctor who will see a new Medicaid Mr. CORNYN. Mr. President, I ask statewide meeting in Wyoming with a patient in the Dallas-Fort Worth area, the Senator from Wyoming, it seems to number of our veterans and their fami- one of the most populous parts of our me that what the intent is behind this lies and I asked the simple question: State. I know, particularly in many Independent Payment Advisory Board How many believe, under the health rural areas—and I know Wyoming has and the President’s health care law, care law as passed, that they are actu- a big rural population as well—many sometimes called the Patient Protec- ally going to ultimately end up paying times it is hard for seniors to find a tion and Affordable Care Act—I think more for their health care? Every hand doctor who will see a new Medicare pa- it needs to be named ‘‘Unaffordable went up, every hand. Over 100 people tient, again, because reimbursement Care Act’’ for reasons we can go into there in Casper and over 100 hands went rates are so low. later. up. They all believe they are going to So I would like to ask the Senator But the purpose behind it we can all end up paying more under the Presi- from Wyoming what his experience has understand; that is, to try to contain dent’s health care plan than they been in that area. health care costs and spending by the would have had it not been passed. Mr. BARRASSO. My experience is ex- Federal Government because, of That is what we are seeing from a lot actly what the Senator describes. He course, health care inflation is going of the research as well, the admittance said the words ‘‘the illusion of cov- up much faster than regular inflation that the costs are going up even faster erage.’’ When the President talked of the Consumer Price Index. under the health care law than if it about the health care law, so often he It strikes me that, as in a lot of the hadn’t been passed. wasn’t actually talking about care; he policy debates we have in Washington Then we ask the critical question the was using the word ‘‘coverage,’’ and he and Congress, we all agree we need to Senator from Texas has referred to was trying to use those words inter- do something to contain costs, but we about the availability of care, the qual- changeably. But coverage is not care, disagree about the means to achieve ity of care. If we asked the question: because someone having a card doesn’t that affordability that we all know we How many believe the availability of mean they can actually see a doctor. need and to contain the inflation of their care and the quality of their care We see that with Medicaid now, with health care costs. I would like to ask under the President’s new health care its low levels of reimbursement. With my colleague, rather than have Con- law will go down, again, every hand in seniors already having trouble getting gress outsource its responsibility in the room went up. in to see a physician, this has a signifi- this area to an unelected, unaccount- These are all people who believe this cant impact when a board, an inde- able group of 15 bureaucrats, from health care law, crammed through Con- pendent payment advisory board—15 which there is no appeal and which gress, crammed down the throats of the

VerDate Mar 15 2010 02:02 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.022 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1446 CONGRESSIONAL RECORD — SENATE March 7, 2012 American public at a time when they narrowly address that provision while sion, whether Medicare as we know it, were shouting: No, we don’t want this— we continue to wait on the Supreme as currently constructed under the the American people believe it made it Court of the United States to rule on President’s health care bill, with this worse and that they are going to end the constitutionality of the individual IPAB provision in place—does it have up paying more and getting less for mandate? We don’t know how things, any chance of survival as it currently something they didn’t ask for at all. such as the State-based insurance ex- operates now with this new board of The American public did have con- changes, will operate and the subsidies unelected, unaccountable bureaucrats cerns from the beginning, which is and whether those are going to be af- setting prices and limiting access? Be- what generated the whole discussion fordable. But on the narrow issue of re- cause doctors and hospitals simply can- about health care and reform. What pa- pealing the Independent Payment Ad- not afford to provide the service at tients are looking for is the care they visory Board, does he see the possi- that cost. Doesn’t that have the poten- need, from the doctor they want, at a bility for bipartisan support for that? tial to radically transform Medicare as cost they can afford. Under the Presi- Mr. BARRASSO. I believe there is people have come to know it? dent’s health care law, they are losing going to be bipartisan support. We see Mr. BARRASSO. My view is that peo- all three. bipartisan support in the House. I ple will still get a Medicare card in the Mr. CORNYN. Mr. President, I thank would like to see bipartisan support in mail, but whether there will be doctors the Senator from Wyoming for his re- the Senate. When you look at what or hospitals or nurse-practitioners or sponse. I think that shows there is an fundamentally this board does, they others who will accept that card is the alternative to this outsourcing of our make recommendations, and it is prac- bigger concern. Because of what this responsibilities to try to make care tically impossible for the recommenda- board may do and is likely to do under more affordable to this group of tions not to automatically become law. the demands of the health care law, unelected, unaccountable bureaucrats We were elected to make laws, not hav- those on Medicare today and those and cutting provider payments, which ing independent parties make the laws. coming onto Medicare may have a actually limits access to health care. harder and harder time finding a doc- American patients are going to be But I tell my colleague from Wyo- tor and a hospital to care for them. ming, I had an experience a couple forced to accept whatever this Let’s face it, today about 10,000 baby years ago visiting with some folks at unelected board’s recommendations boomers will turn 65. Yesterday about Whole Foods, the grocery chain that is are. It is very hard for Congress to 10,000 baby boomers turned 65. Tomor- headquartered in Austin, TX, where I override. I expect, in a bipartisan way, row about 10,000 baby boomers will live. John Mackey, the CEO, is very people would say: Let’s completely turn 65. We need to make sure Medi- proud of this. They vote each year on eliminate this board, which I know the care is there and secure for the current their health care plan. What they have Senator’s legislation is designed to do. generation as well as the next genera- chosen—the employees choose year If American patients, people all tion and generations to come. after year—is a high-deductible insur- across the country, suffer from the rec- My concern is that this board, which ance coverage for catastrophic losses, ommendations of the board, the way I know my colleague is trying to repeal but then to cover the rest of their care the law is written, they cannot chal- and which I am trying to repeal, is it is a health savings plan that actu- lenge this unelected board in court. going to make it that much harder for ally Whole Foods makes contributions Americans have a right to challenge our seniors to receive the care they into, which is owned by the worker and things but not this unelected board, as need from a doctor they want at a cost could then be used to pay for their was written into the health care law. they can afford. health care for their regular sort of Those are the sorts of issues I hear Mr. CORNYN. Mr. President, as we routine needs. about when people say: What if I can’t approach the 2-year anniversary of the I remember sitting at the table with get a doctor? What if I can’t get the Patient Protection and Affordable Care a number of the workers and talking care I need because of the decisions Act—otherwise known as ObamaCare— about why they like this alternative so made by the board? there are a lot of things you are going much, and it is clear: Because it gave This fundamentally gets to the issue to hear from across the street at the them the choices we all would want for of the whole health care law, which Supreme Court of the United States on ourselves and our families in terms of took $500 billion from our seniors on the constitutional challenge to this in- the doctor we want and the kinds of Medicare not to save and strengthen dividual mandate, which is a very im- treatment we want, and it provided in- Medicare but to start a whole new gov- portant constitutional question for the centives because people were spending ernment program for someone else. Supreme Court to decide—whether not the government’s money, some sort This board, which I think we should there is any limit to the power of the of a credit card they would never see eliminate and which I think is going to Federal Government when it comes to the bill for, but they were spending be hurtful for our seniors, is the group forcing you to buy a product approved their own money in their health sav- responsible for making the sorts of by the government and penalizing you ings account; thus, realigning incen- very challenging cuts from our seniors if you do not do it, whether that is tives for not only providers but also for on Medicare—again, not to help save within the constitutional power of the consumers in a way that creates more Medicare but to start a program for Congress under the commerce clause. transparency, more choices, and the someone else, which is why this pro- Then there are other important ques- kind of market discipline to hold down gram is even more unpopular today tions about the workability of the law, the costs. than it was the day it was passed. the affordability of the law. I ask my colleague, my impression is, I do believe we have a bipartisan rea- I think today we can just see if we while there was great division in Con- son to eliminate this, and that is why could work together in a bipartisan gress over the passage of the Patient I am supporting this legislation. way to repeal the IPAB requirement. Protection and Affordable Care Act, Mr. CORNYN. I would like to ask my Senator REID is the only one, as the what some people call ObamaCare—60 colleague one final question. Whenever majority leader, who can bring it to Democrats voted for it, 40 Republicans we talk about reforming, saving, and the floor, but hopefully, in light of the voted against it in the Senate—that on securing Medicare so we can keep the bipartisan support this has on the this issue, on the IPAB, Independent promise we made to seniors that when House side, he will see fit to do that. I Payment Advisory Board, there actu- people reach the appropriate age, they certainly encourage him. I know Sen- ally is bipartisan support, particularly can actually qualify for this benefit ator BARRASSO will encourage him to in the House Energy and Commerce and it actually will be there for them— do that. I hope we can do this and help Committee, to take out that particular and people do, in fact, pay into this ensure that people, when they qualify provision because people now, on fur- fund, and they expect to get their mon- for Medicare, do not just get a card but ther examination, have seen how it ey’s worth back—sometimes the charge actually have a good chance—I should could actually backfire in limiting peo- is made that various reform proposals say better than a good chance—they ple’s access to health care. will destroy Medicare as we know it. will be able to find a doctor who will I would ask my colleague, does he see I would like to ask the Senator from treat them for the price the govern- a way for us, on a bipartisan basis, to Wyoming, a medical doctor by profes- ment is willing to pay.

VerDate Mar 15 2010 02:02 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.023 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1447 Mr. BARRASSO. I thank the Senator Each of these men and women was a ince, Afghanistan; SGT Matthew D. for the efforts on his part to repeal this loved one cherished by family and Hermanson, U.S. Army. Sergeant terrible idea that was a fundamental friends. Each was a loss to their com- Hermanson, age 22, of Appleton, WI, part of the President’s proposal. It is munity and to this great Nation. Each died April 28, 2011, in Wardak Province, one reason I think the health care law paid a price that we must never forget. Afghanistan; SPC Paul J. Atim, U.S. is even more unpopular today than the We must also remember the sacrifice Army. Specialist Atim, age 27, of Green day it was passed and signed into law made was not theirs alone. Every fam- Bay, WI, died April 16, 2011, in Nimroz almost 2 years ago. ily member and friend left behind expe- Province, Afghanistan; CPL Justin D. I yield the floor. riences profound loss, sadness, and Ross, U.S. Army. Corporal Ross, age 22, I suggest the absence of a quorum. grief. The tragedy multiplies; it is not of Green Bay, WI, died March 26, 2011, The PRESIDING OFFICER (Mr. contained. For those left behind, the in Helmand Province, Afghanistan; Fi- CARDIN). The clerk will call the roll. pain may slowly subside, but the nally, 1LT Darren M. Hidalgo, U.S. The bill clerk proceeded to call the wound will never heal. Army. First Lieutenant Hidalgo, age roll. Two weeks ago I had the privilege of 24, of Waukesha, WI, died February 20, Mr. JOHNSON. Mr. President, I ask bearing witness to the sacrifice of one 2011, in Kandahar Province, Afghani- unanimous consent that the order for of Wisconsin’s fallen heroes and the stan. the quorum call be rescinded. courage of those he left behind. On May God bless and comfort their The PRESIDING OFFICER. Without February 22, a grateful Nation laid 1LT loved ones with peace. May he watch objection, it is so ordered. David Johnson of Mayville, WI, to his over those who have answered the call Mr. JOHNSON. I ask unanimous con- final rest at Arlington National Ceme- and are serving today and those who sent to speak as in morning business tery. I was honored to join David’s lov- will serve in the future. May God bless for up to 10 minutes. ing and proud parents Laura and An- America. The PRESIDING OFFICER. The Sen- drew, his sister Emily, and his brothers I yield the floor and note the absence ator is recognized. Matthew and Michael as they said of a quorum. HONORING OUR ARMED FORCES their final goodbyes. Out of sheer coin- The PRESIDING OFFICER. The WISCONSIN CASUALTIES cidence Michael was already scheduled clerk will call the roll of the Senate. Mr. JOHNSON of Wisconsin. Mr. to intern in my office this week and is The legislative clerk called the roll. President, I come to the floor today to with us today. It is fitting that we ac- Mr. NELSON of Florida. Mr. Presi- pay tribute to America’s sons and knowledge his loss and sacrifice. dent, I ask unanimous consent that the daughters who have fallen in the line of The Johnson family loved their order for the quorum call be rescinded. duty—citizens of this great Nation who brother and son. They loved him dearly The PRESIDING OFFICER. Without gave their lives to preserve the lib- and our hearts go out to them. I pray objection, it is so ordered. erties upon which America was found- that they find God’s peace and comfort HONORING DOUG AND SAMANTHA LEVINSON ed, the finest among us who, because today and in the tough times ahead as Mr. NELSON of Florida. Mr. Presi- they cherished peace, risked their lives they deal with this overwhelming and dent, this Friday will mark 5 years by becoming warriors on our behalf. tragic loss. since FBI agent Bob Levinson dis- What could be more sacrificial than Lieutenant Johnson was only 24 appeared while on a business trip as a the lives our service men and women years old when he died of injuries suf- retired FBI agent. He was on a business choose to lead? They love America, so fered after encountering an improvised trip to Kish Island in the Persian Gulf. they spend long years separated from explosion device on January 25 while It is a part of Iran. That is 5 long years their loved ones, deployed in faraway leading his men in Kandahar Province, that his wife Christine has been with- lands. They revere freedom, so they Afghanistan. out a husband and 5 long years that her sacrifice their own so that we may be In addition to Lieutenant Johnson, seven children have been without their free. They defend our right to live as today I would also like to pay tribute father. individuals by yielding their own indi- to the other Wisconsin heroes who gal- Over those 5 years I have spoken so viduality in that noble cause. They lantly gave their lives since I took of- many times about Bob—a retired FBI value life, yet bravely ready them- fice last January. agent and a resident of south Florida— selves to lay down their own in humble Since then Wisconsin has lost SSgt from the floor of the Senate and so service to their comrades-in-arms, Jordan Bear, U.S. Army. Staff Ser- many other venues. Just yesterday I their families, and their Nation. geant Bear, age 25, of Elton, WI, died met with his wife Christine after she For more than 234 years, our service March 1, 2012, in Kandahar Province, joined FBI Director Robert Mueller and men and women have served as guard- Afghanistan; SSgt Joseph J. Altmann, Deputy Director Sean Joyce in an- ians of our freedom. The cost of that U.S. Army. Staff Sergeant Altmann, nouncing a $1 million reward for infor- vigilance has been high. Since the Rev- age 27, of Marshfield, WI, died Decem- mation leading to Bob’s safe return. So olutionary War, more than 42 million ber 25, 2011, in Kunar Province, Afghan- in southwest Asia billboards will soon men and women have served in our istan; SPC Jakob J. Roelli, U.S. Army. start to appear announcing that $1 mil- military and more than 1 million of Specialist Roelli, age 24, of Darlington, lion reward, and it is in southwest Asia those selfless heroes have given their WI, died September 21, 2011, in that we know Bob is being held. lives. Wisconsin has borne its share of Kandahar Province, Afghanistan; SGT Today I wish to talk about his chil- that great sacrifice. Since statehood, Garrick L. Eppinger Jr., U.S. Army Re- dren because tomorrow in Miami the 27,000 of Wisconsin’s sons and daugh- serve. Sergeant Eppinger, age 25, of Ap- Society of Former Special Agents of ters have died in military service. pleton, WI, died September 17, 2011, in the FBI will honor Bob’s two youngest Since September 11, 2001, we have lost Parwan Province, Afghanistan; SGT children—his son Doug and his daugh- 143 brave souls with ties to Wisconsin. Chester D. Stoda, U.S. Army. Sergeant ter Samantha, both of whom, along Since I took office last January, 13 Stoda, age 32, of Black River Falls, WI, with their other siblings, have per- more have perished. Statistics cannot died September 2, 2011, while on rec- severed through this very difficult possibly convey the weight of these reational leave from duties in support time. losses. After all, statistics are merely of the war in Afghanistan; CPL Mi- Doug was in the seventh grade when numbers that could never fully commu- chael C. Nolen, U.S. Marines. Corporal Bob disappeared. This year he will nicate the qualities of these fine men Nolen, age 22, of Spring Valley, WI, graduate from high school, on his way and women whose promising lives were died June 27, 2011, in Helmand Prov- to college. He has excelled academi- cut far too short. Statistics say noth- ince, Afghanistan; SPC Tyler R. cally and athletically and has grown to ing of their unfulfilled hopes and Kreinz, U.S. Army. Specialist Kreinz, almost his father’s height. Bob will be dreams. So instead of numbers such as age 21, of Beloit, WI, died June 18, 2011, shocked at how tall Doug is, but he 1 million, 27,000, 143, or even 13, I would in Uruzgan Province, Afghanistan; Pri- will be even more proud of all that his like to ask everyone to think for a mo- vate Ryan J. Larson, U.S. Army. Pri- son has accomplished. ment about a much smaller but still vate Larson, age 19, of Friendship, WI, Samantha, Bob’s daughter, was in staggering number, the number 1. died June 15, 2011, in Kandahar Prov- high school when Bob disappeared. In

VerDate Mar 15 2010 02:02 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.025 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1448 CONGRESSIONAL RECORD — SENATE March 7, 2012 just a few weeks she will graduate from to our States. The underlying proposal of 2012, it is going to be $11.4 billion. Of college. Samantha has been a resident the Senate is debating would pay for course, we are spending more than that adviser and a proud member of her so- transportation and infrastructure just in this one bill. rority. She interned at Disney where projects and programs for the next 2 So next year it will be a minus $2.8 she hopes to work after graduation. years, but it does not address the fu- billion and $18.7 billion, and then $34.7 Again, when her father returns, he will ture of these programs, nor do the fi- billion. Those are deficits I am talking be so proud. nancing proposals fit within the time- about, deficits in the trust fund, which To honor Bob’s children, and stand- frame of the bill. I have serious objec- means in those years we are going to ing in solidarity with one of their own, tions to paying for 2 years of spending have to get the money from somewhere the Society of Former Special Agents with 10 years of revenue. else. It winds up in 2016 at being a $50.7 of the FBI will award to Doug and Let me stop on that issue for a mo- billion deficit to the trust fund. That is Samantha scholarships to assist with ment. We are spending money in 2 what we are doing generally with all of the cost of college. I thank that society years that it will take us 10 years to our accounting, but it shows up here in and those agents who have protected us generate. How can we tell the Amer- something that I do not think anybody so much over the years. I thank them ican people we are serious about the in America denies is absolutely nec- for their service and for their kindness. deficit and serious about spending essary. We have to have roads and I congratulate Doug and Samantha for when we allow money to be spent five bridges. all they have accomplished under such times as fast as it comes in? So if my amendment were enacted, very difficult circumstances. If the Senate wants to keep the high- what kind of an adjustment to the tax To Christine Levinson, this heroic way programs viable through a trust rate would we see? If this amendment woman who has stood so strong in the fund instead of subjected to the general had been enacted last year, in 2011, this midst of great adversity for 5 years—I fund, which any accountant or banker January—the tax does not go into ef- say to Christine and her children that would say is bankrupt, we need to ei- fect until the year after the inflation is this government will not rest, none of ther cut spending or generate more measured. This January the tax would us will rest until we have brought Bob revenue. Those are the two choices. have increased by one-half of one home. I look forward, as do so many, to A lot of work has gone into the bill penny—one-half of one penny. The that day of celebrating with them and before the Senate. Four committees price of a gallon fluctuates more than celebrating with all of Bob’s friends have worked on it. Four committees that on a daily basis. In fact, I was and his former colleagues. have filed amendments that have been watching on television the other night, Mr. President, I yield the floor. included in the version we are seeing. I and the lady was showing the high I suggest the absence of a quorum. appreciate that many of my colleagues price of gas, and she showed a sign out The PRESIDING OFFICER. The are trying to reduce the mandates on in front of the pumps. Just as she was clerk will call the roll of the Senate. the States as well as consolidate and about to leave, she said: Wait a minute. The legislative clerk proceeded to eliminate programs. That is good. While I have been talking, the price call the roll. Those are steps we need to take. Even has gone up 20 cents. Mr. ENZI. Mr. President, I ask unani- with some serious streamlining, how- So we are seeing some huge changes mous consent that the order for the ever, the highway trust fund will not there, but not with the gas tax. If we quorum call be rescinded. have the revenues needed to meet the had enacted the indexing in 1993, the The PRESIDING OFFICER. Without current obligations of the fund. We can last time Congress adjusted the gas objection, it is so ordered. certainly give States more flexibility tax, there would have been an increase The Senator is recognized. in how they prioritize the Federal of 11 cents in the gasoline tax over 19 Mr. ENZI. Mr. President, first, I want funds they receive. years. Excluding the one-tenth of 1 to say how important roads and bridges We should not and cannot ignore that cent that is added to the base tax rate are. We are on the highway bill, and with this bill we are just buying time. for the leaking underground storage that is one of the main advantages the Buying time is something the Federal tanks, the rate would adjust from 18.3 United States has had—having excel- Government has been doing for dec- cents a gallon in 1993 to 291⁄2 cents per lent transportation. Of course, that is ades, and that has gotten us into this gallon today. particularly important in my own serious financial mess. We are buying That is what this chart shows. It State because we want people to be time with borrowed money. The bor- shows the amount of inflation there able to get to the first national park, rowing is pretty dubious, and some of was each of those years, so the which is Yellowstone National Park, it is from countries we would rather amounts the gas tax would have gone and another gorgeous park, the Grand not be borrowing from. up in each of those years to provide a Teton National Park, and a place I want to share some charts with fund that would actually help us with called Fossil Butte National Monu- you. You may only be able to discern building the roads and bridges, and it ment, where people can actually fish what I say, and what I say is what ap- would be at 29.5 cents per gallon today. for 60 million-year-old fish. We have a pears in the Senate RECORD, not the In that same timeframe gasoline spot in the middle of the State where charts. prices have risen from $1 per gallon to people can help dig up dinosaur bones— These have a lot of numbers on them. $3.50 per gallon or more. It was $4 in and if you dig one out by yourself, you I am an accountant, so I get excited the example I was giving off the tele- get it named after you—or the first na- over numbers. Too many numbers, but vision. If we had enacted indexing in tional monument, Devils Tower, which it still makes the point. What we have 2005 under the last highway bill, there is up in the northeast corner. And, of is the highway trust fund balances, would have been only a 31⁄2-cents-per- course, we are a corridor between those starting in 1993, which was the last gallon adjustment. I estimate there Western States too. So we know how time we passed the gas tax. That was would have been increased revenue in important roads and bridges are. We 18.3 cents. This column shows the total the highway trust fund by over $18 bil- need to do that, and we need to do it revenue received. For the most part lion from the gas tax alone. now, but we should do it the right way. they have been going up, which means So this is the chart that shows what So I want to refer to an amendment more gas has been bought. would have happened if we had indexed I have filed, No. 1645. My amendment is But here are the expenditures, and it in 2005, what the CPI index would very simple and straightforward. It you will see what effect that has had have been and what the adjustment would allow the gas tax to be adjusted on the closing balance in the trust would have been. So that would have with inflation—not with the price of fund. We have had quite a few years been a change of 3.5 cents per gallon, gas, with inflation. This is not a new when there was some money in there— hardly noticeable in the price of gas we idea, and it certainly is not a very pop- right after 1993 when the gas tax more have today. But the trust fund would ular discussion point, but this is the closely matched the cost of construc- have had $18 billion, which we need to debate the Senate needs to have. tion, and as we get out here in 2001, we be able to spend. Very important. The long-term viability of the high- can see that it drops significantly and In 1993 the gas tax of 18.3 cents was way trust fund is incredibly important keeps dropping. At balance, at the end included in the $1 of gas, and there was

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.028 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1449 also State taxes included in the $1 gas- monsense approach. Spend only what gas industry, we should be working to oline price, 18 cents out of a dollar. we generate. We could use that around rein in the Environmental Protection Now the 18 cents is part of $4 a gallon. here. Of course, that principle is some- Agency to stop those regulations that Don’t you think construction costs thing we need to enact in the overall make it impossible for businesses to have increased based on the cost of a budgeting in Washington. plan. gallon of gas alone? Remember, the gas Let’s be clear. The tax rate and gas We have a permitting problem. When tax is what paid for roads and bridges prices are two very separate issues. I hear the lecture about the number of but cannot anymore, causing us to use Folks might think that as the price of acres leased for exploration but not very bad financing methods—stealing fuel goes up, so does the Federal gas being drilled, I get angry. I am usually from pension funds with no way to pay tax. That is not true. Whether the not angry. Leased parcels include land it back, using 10 years’ of projected price of gas is $1 per gallon or $4 per that has no oil. When you buy a lease, revenue to pay for 2 years’ of construc- gallon, the Federal tax remains the you buy a package, and then you drill tion. same. Again, the fund collected 18.3 where the oil or gas is within that What do we do for the money in 2 cents from every dollar of gas in 1993. package. Also, there are millions of years? Roads and bridges will always Construction costs have increased, and acres ready to be drilled, but the lease- need construction. Our economy runs now we only collect the same 18.3 cents holder cannot get the bureaucrats to on construction. The construction in- for a $4 gallon of gas. If we were being turn loose the permits. dustry has mixed feelings about my successful with some alternate means Of course, Energy Secretary Chu re- proposed amendment. They are for it of transportation, the amount of gas cently confirmed that his energy policy as long as it does not bring the bill would go down as people used those is to create conservation by having our down. My intent is not to bring the bill other ones, but it is not. gas prices reach the same level as Eu- down but, rather, to make it a viable I am sensitive to the fact that the rope. Well, unless we do something bill. Of course, my amendment will not gas prices are high right now. I am al- with the gas tax at his desired $7 a gal- make it a viable bill all by itself. The ways looking for ideas on how we can lon, we will still only get 18.3 cents a Bowles-Simpson Commission deficit re- work to bring those prices down. With gallon for the critical highway fund. port said we needed to increase the gas the distances we have to travel in Wyo- If we were really trying to match tax by 5 cents a year for 3 years to have ming alone, high fuel prices have a dis- cost to construct with revenue, the a viable fund. proportionate effect on the residents of radical suggestion would be for the gas Here are the quotes from that deficit my State. user fee—and it is a user fee. If you do commission. The President appointed The President said there is not a sil- not drive on the roads, you do not need the deficit commission. They looked at ver bullet to bring the prices down. to buy the gas. You do not need to pay everything, and on highways and That is certainly true if we look at his the tax. So it is a user fee. But it would bridges alone, this is what they came administration’s policies, having done be a percentage of the cost of a gallon up with: 15-cent-per-gallon increase in everything possible to increase the of gas if we were really being radical. the gas tax over a 3-year period; limit price of fuel. While there might not be But be clear, we are not doing that. spending to match the revenues the a silver bullet, there are a number of We are probably not doing any of this. trust fund collects. That is what we are actions that will make a real dif- We need to do everything we can to failing to do with this current bill. ference. lower gas prices. I am working to do Once fully implemented, a 15-cent in- One reason gas prices are high is that just that. In fact, we are debating some crease would generate an additional $24 the supply is limited, and tensions in of these issues on this legislation be- to $27 billion per year for the highway the Middle East have further strained cause the majority refuses to debate trust fund. Each 1-cent increase would that supply and encouraged specu- them using regular order. However, the generate about $1.6 to $1.8 billion per lators. issue of gas prices is entirely separate year. That is from that deficit commis- To fix the supply problem, we should from the issue of determining how we sion that was trying to figure out how be producing American energy wher- should pay for highways. to get ourselves out of the hole we are ever it is possible. Instead of blocking We have set up a trust fund that is in right now. This is what they came production the President should be en- supposed to take care of road and up with just for the highway fund. couraging us to develop American en- bridge needs. I might mention that So with my amendment, it indexes ergy in Alaska and off the Outer Conti- changing the formula to miles driven with inflation. It does not start until nental Shelf and on Federal land. Yes, would just be to increase the gas user next year. It is just a way to test the production is up, but it is not from fee while hiding the increase. That is waters to see if there is enough courage Federal lands. That is shut down. It is not the way to do it. We should be hon- in this body to take a very minimal coming from private land where a per- est about whatever kind of an increase step. My amendment does not solve the mit does not take a lifetime of invest- we are putting on this user fee. That is shortfall of the highway trust fund, nor ment and delay. Federal lands are the wrong way to do it. If we do not would it fully pay for this legislation. down 12 percent in production. We add more revenue to the trust fund, we It is just a small step in the right di- should be enacting policies that en- should cut our spending to the amount rection. It is a step in getting the high- courage energy production on public of money we have in the trust fund. way trust fund back to what it was cre- lands in Wyoming and other Western That is, again, what the Simpson- ated to be, a dedicated pot of money to States rather than relying on oil from Bowles report said. pay for the roads, funded by those who the Middle East and Venezuela. I know there a lot of sensitivities in use the roads. President Obama should approve the talking about the rate of gas tax or We need to take this step and a lot of Keystone XL Pipeline so we can get as any other tax. There is no doubt that other steps if we are going to fix our much supply as possible from friendly individuals and businesses are still money problems and fund programs as nations such as Canada before they feel stressed in this economy and are strug- intended. The National Commission on forced to sell it all to China, who is gling to make ends meet. People in Fiscal Responsibility and Reform—that buying up energy worldwide. China un- rural States such as Wyoming have few is that Simpson-Bowles Commission— derstands that in 20 years the country options. They have to drive long dis- supported a 15-cent increase in the gas with the energy will have the power. I tances for many of their needs. Several tax to be gradually adjusted over a 3- am not talking about electrical power; of my colleagues have said to me: This year period. Once fully implemented, a I am talking about world power. just is not the time to be talking about 15-cent increase, as I said, would pro- Gas prices are high because of the the gas tax. vide $24 to $27 billion per year. That is regulatory uncertainty created by the I must ask: When will the time be what we need for roads and bridges. administration’s relentless pursuit of right? Members of Congress do not The Commission also recommended policies that are designed to make en- want to tackle this topic when the that Congress enact a limitation so ergy more expensive under the guise of economy is strong nor do they want to that the spending could not go beyond halting climate change. Rather than tackle the topic when we have eco- revenues. That seems like a fairly com- arguing over new taxes for the oil and nomic challenges. When revenues to

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.030 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1450 CONGRESSIONAL RECORD — SENATE March 7, 2012 the highway trust fund were meeting The PRESIDING OFFICER. Without mortality was high, disease was ramp- the needs of the highway program, no objection, it is so ordered. ant, and food was scarce. Education one wanted to consider that there BENEFITS OF FREE ENTERPRISE was only for the wealthy. Indeed, the might be a time when the revenue Mr. KYL. Mr. President, last week I wealthy were the only people who lived could not keep up with the needs to came to the floor to talk about how in relative comfort. maintain our highway system. free enterprise helps people achieve But the emergence of free enterprise We are pennies away from insolvency earned success and thus helps them roughly two centuries ago helped to of the highway trust fund. When is the pursue true happiness. Today I want to change all that. As the free enterprise right time to talk about the revenue talk about another moral benefit of system took root, particularly in West- stream for the highway trust fund? We free enterprise—its effectiveness in re- ern Europe, protectionist measures need to start today. My amendment is ducing poverty and promoting eco- eased, trade increased, and businesses a small step to address the long-term nomic mobility. accumulated capital to grow and create new jobs. People pursued their self-in- viability of the highway trust fund. It This is an important conversation to terests free of state coercion or corrup- is a small step to get us moving toward have since President Obama has made tion, and the economic benefits flowed living within our means and maintain- income and class inequality the center- to every strata of society. As Brooks ing our roads with the money we have pieces of his reelection campaign. For and Wehner note, ‘‘Markets, precisely not the money we wish we had. example, in his Osawatomie, KS, because they are wealth generating, I probably cannot get a vote on this speech last year, he said: also end up being wealth distributing.’’ minimal increase, but it does test the This is a make-or-break moment for the water. I would be happy to revise my By every universal measure, life has middle class and all those who are fighting improved dramatically in free market amendment to any reasonable level to get into the middle class. I believe that that Senators would support. We can- this country succeeds when everyone gets a societies. Literacy, basic living stand- not continue to kick this conversation fair shot, when everyone does their fair ards, and life expectancy have in- down the road for another 2 years. We share, and when everyone plays by the same creased, while disease and starvation cannot lie to our constituents about rules. have plummeted. Child labor has been the state of the highway trust fund. We He followed up with similar themes eradicated. As free enterprise has should not steal from other trust funds, in the 2012 State of the Union speech, spread during the last two centuries, and we should not do unapproved long- saying that he believes in ‘‘an America the world’s average per capita income term financing for short-term projects. where hard work paid off, responsi- has skyrocketed by about 10 times. We have a mechanism to pay for the bility was rewarded, and anyone could These are major moral achievements. road programs, a dedicated funding make it if they tried—no matter who Yes, some people are richer than oth- stream paid for by those who use the you were, where you came from, or how ers, and that is true in all nations roads. you started out.’’ whether characterized as market I hope my colleagues will take a hard Of course, these are quintessential economies or not. But where it exists, look at my amendment, take a look at American values in no dispute. But the free enterprise has helped make the the plan under Simpson-Bowles, and President’s soaring rhetoric is at odds poor make tremendous gains, and they study the numerous ideas out there. with his main policy, which is to continue to climb. In the modern era of Let’s have a real debate on how to pre- achieve greater economic equality not globalization, we have seen this on an unprecedented scale. Since 1970, as eco- serve this dedicated funding for our by equal opportunity but through nomic freedom has grown in developing roads. forced redistribution of wealth. For ex- countries such as China and India, the In Wyoming, we have an optional ample, the President has proposed a number of people living on $1 a day has sales tax for projects by communities litany of tax increases, such as the so- plunged by 80 percent, according to a and counties. The construction project called Buffet rule, higher marginal in- recent study. is stated, and the people get to vote for come tax rates, and higher taxes on in- What about President Obama’s argu- this increase in their taxes. As long as vestment. New taxes don’t lift any- ments that free enterprise has harmed the money is used to pay for the prom- body, but they do tear some people middle-class prosperity? Over the past ised projects, the voters continue to down. quarter century, economic studies have approve additional projects with addi- The President also proposes more shown otherwise. Indeed, as Hoover In- tional taxes. It has happened for 30 government spending to redistribute stitution fellow Henry Nau pointed out the new tax dollars collected. years in Wyoming. People will allow in a recent Wall Street Journal article, Redistributionist programs have a role, focused taxes for what they know they middle-income earners have become need if they believe that is what it will of course, as government safety nets. richer and many have leaped into the be spent for. And I say they know the They help, for example, people who are upper-middle class. Between 1980 and needs for roads and bridges. ill temporarily, down on their luck, or 2007, a period Nau calls ‘‘the Great Ex- When is it the wrong time to do the not able-bodied. But, unfortunately, pansion,’’ the United States grew by right thing? I believe most everyone in they do not cure poverty. If they did, more than 3 percent per year and cre- this Chamber knows this is the right poverty would no longer exist in Amer- ated more than 50 million new jobs, thing. Most of our constituents will see ica. ‘‘massively expanding a middle class of it that way too. A vocal few won’t, but The only permanent cure for poverty workers,’’ in Nau’s words. the reason congressional approval is at and the only system capable of pro- Nau continues: a record low is because so many live in ducing massive increases in economic Per capita income increased by 65 percent, fear of taking the votes that will fix mobility is free enterprise. Senator and household income went up substantially the problems. We have a chance to MARK RUBIO put it well when he said in all income categories. . . . In the past change that with this amendment. I that ‘‘the free enterprise system has three decades, households making more than hope my colleagues will take a serious lifted more people out of poverty than $105,000 in inflation-adjusted dollars doubled look at it and fund the highway fund all the government anti-poverty pro- to 24 percent from 11 percent. the way it was intended. grams combined.’’ As we will see in a These are remarkable increases in I yield the floor and suggest the ab- moment, economic data confirms this wealth. What policies produced this ex- sence of a quorum. is true. pansion? Again quoting Nau: The PRESIDING OFFICER (Mr. As Arthur Brooks and Peter Wehner Precisely the free-market policies of de- MERKLEY). The clerk will call the roll. wrote in their book called ‘‘Wealth and regulation and lower marginal income-tax The assistant legislative clerk pro- Justice: The Morality of Democratic rates that [President] Obama decries. ceeded to call the roll. Capitalism,’’ before the rise of free en- If the President wants to increase Mr. KYL. Mr. President, I ask unani- terprise; that is, for most of human class mobility and prosperity and build mous consent that the order for the history, life was ‘‘bleak, cruel and on the successes of the ‘‘Great Expan- quorum call be rescinded. short.’’ Life expectancy was low, infant sion,’’ then he must turn away from

VerDate Mar 15 2010 03:31 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.031 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1451 the statist policies that have domi- fare in favor of the free-market policies families going about their daily rou- nated his 3 years in office. As Brooks that have done so much to boost pros- tine. Without those bridges, that local and Wehner write: perity both at home and abroad. infrastructure doesn’t work. The answer is not less capitalism, it is bet- I suggest the absence of a quorum. What we are suggesting and calling ter capitalists. The PRESIDING OFFICER. The for in this amendment is simply to con- And I would add, that includes the clerk will call the roll. tinue the current policy. I am not talk- President and his advisers. The assistant legislative clerk pro- ing about any new money for bridges. Most fundamentally, our policies ceeded to call the roll. We are not talking about any new pro- must reward hard work and merit for Mr. BLUNT. Mr. President, I ask gram for bridges. But the bill itself the simple reason that people are more unanimous consent that the order for doesn’t continue the 15 percent of the successful and industrious when they the quorum call be rescinded. bridge funds that has been allocated for get to keep more of the fruits of their The PRESIDING OFFICER. Without some time now to local government. labor. objection, it is so ordered. This would continue to have that same That is what we call earned success. Mr. BLUNT. Mr. President, I wish to 15 percent going to local governments. Their prosperity flows to others when speak on the amendment I have offered There are almost 600,000 bridges in they open businesses, create jobs and with my friend, Senator CASEY from the country—more than 590,000, and 50 new products, compete for workers, Pennsylvania, on the highway bill, percent of those are considered off-sys- raise wages, and invest their profits, amendment No. 1540. tem, and approximately 28 percent of which can then be lent to other entre- In my State, and I think in the whole that 50 percent are currently consid- preneurs. But when market forces are country, the question we hear over and ered deficient. Thirty-two percent of restricted—when taxes are too high over again is: Where are the private the bridges in Missouri in the off- and regulations are too stifling—entre- sector jobs? What can we do to get the bridge system are considered deficient. preneurship loses its appeal. If people economy back on track? They either aren’t adequate for the think outcomes are predetermined by There are very few places the Federal traffic they now carry or are in need of the government, they don’t have incen- Government can create private sector repairs. One out of three bridges in our tives to compete. jobs. One of the few places we can do State needs an investment. A 2005 study by economists Alberto that is in public works, such as the The new penalty section of the un- Alesina and George-Marios Angeletos highway bill, where most of the work derlying bill that would replace the underscores the point. They found that to build a new bridge or a new highway current off-system bridge program beliefs about meritocratic rewards are is done by competitive bid and by pri- makes that program even more uncer- self-fulfilling. They concluded that if a vate sector employers and private sec- tain at times when communities and society thinks people have a right to tor employees. While we probably take job creators need it the most. Without enjoy the fruits of their effort, it will a different approach to how we get our amendment, States would only choose low taxes and have lower toler- there, I think all of us understand it is have to sustain the previous number of ance for redistribution. Effort will be critical we work together to find com- deficient bridges every other year in high in these places. Conversely, they mon ground to create jobs and to cre- order to avoid investing in their off- found that if citizens believe the sys- ate economic growth. system bridges. It is a formula that tem is rigged and that luck and con- This infrastructure bill could be—and doesn’t work. It might work in big nections, not merit, are the key deter- I hope it turns out to be—a good start. communities that have lots of miles minants of success, then they will de- There is no doubt that infrastructure is that they maintain, but I doubt that. I mand forced wealth redistribution and the foundation of our economy. Quality think this makes an inconsistent in- effort will be lower in these places. transportation is vital to connect peo- vestment in bridges all over the coun- Simply put, if people think the sys- ple and communities, to connect people try. tem is inherently unfair, it will wind to the places they work, to connect the Our amendment ensures that coun- up that way. That is precisely what has products they make to the places they ties are not left bearing the full respon- happened in countries such as Spain need to go. That doesn’t happen with- sibility of these off-system bridges. If and Greece, where outcomes are di- out a good infrastructure program and they are left bearing that full responsi- vorced from effort, and, to a large one that maintains and expands as bility, many of these bridges will not measure, bureaucrats and special inter- needs to be the infrastructure that we be fixed. This has been a major source ests dictate who gets economic re- have. I am very hopeful this bill can of funding for counties working on wards. provide that additional element to get- bridges. This amendment would give Since everyone does better when ef- ting our economy back on track. States and counties the proper tools fort is rewarded, then protecting merit- At the heart of the problem for small and resources and the assurance of a based success is a moral issue. Indeed, towns and for local governments in so steady flow of funding in order to in- the first American immigrants left many States, and particularly in Mis- vest in the Nation’s bridges. countries with too little opportunity souri, is the bridge system that is not Additionally, the amendment estab- for advancement to come here and earn part of the Federal structure. It is the lishes a procedure where the Transpor- rewards based on merit and be the mas- so-called off-system bridge network, tation Secretary can rescind this re- ters of their own destiny. Polls have where local communities are respon- quirement if State and local officials shown that, over the years, Americans sible for bridges. determine they have inadequate needs have not grown tired of the merit- Missouri has perhaps more bridges to justify these expenditures. In other based system but instinctively support than any other State. I was in one of words, if they can’t justify spending it. U2 singer Bono colorfully explained our counties just recently where the the money in their State, then the Fed- why individual determinism in Amer- county itself—and we have 115 coun- eral Government clearly doesn’t have ica is so great: ties. So unlike some of the Western to allocate that 15 percent to local In America, the guy looks up at the man- States, the counties aren’t huge. They communities and to States for the off- sion on the hill and says, ‘‘One day, if I real- are designed to be compact, and people system program. ly work hard, I am going to live in the man- could get across them in the 1820s and When I listen to community leaders, sion on the hill.’’ In Dublin, they look at the 1830s in 1 day, before automobiles. So and certainly when I listen to county mansion on the hill and say, ‘‘One day I’m we have lots of counties, and 1 of them commissioners, this is a topic that going to get that [guy].’’ has 148 bridges. Our smallest county by comes up in most of our counties with Free markets breed a culture of aspi- population, with only 4,000 people, has great concern. The counties where it ration and mobility, in which people 100 bridges. So every 40 people in that doesn’t come up wouldn’t have to apply reject the politics of envy and instead county are essentially responsible for for the money. That 15 percent, allo- focus on their own advancement and maintaining a bridge, and bridges are cated appropriately, will make a big their own success. If our goal is to fos- expensive. That off-system bridge net- difference. ter such a positive culture of achieve- work carries schoolbuses, emergency Community leaders and job creators ment, then we must eschew class war- vehicles, lots of agricultural products, are looking for things that allow them

VerDate Mar 15 2010 03:31 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.036 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1452 CONGRESSIONAL RECORD — SENATE March 7, 2012 to prepare for a more certain future. (See exhibit 1.) sidies for Big Wind equal $14 billion. I They need the ability to look beyond 6 Mr. ALEXANDER. Madam President, am only counting the production tax months or 1 year to plan and anticipate I believe it is time for Congress to stop credit and the cash grants that the 2009 how they are going to repair bridges, the Big Wind gravy train. Subsidies for stimulus law offered to wind developers which bridges they are going to look at developers of huge wind turbines will in lieu of the tax credit. An analysis of this year, which bridges they will then cost taxpayers $14 billion over 5 years, that stimulus cash grant program by put off until next year. But right now, between 2009 and 2013, according to the Greenwire found that 64 percent of the they would have no way of knowing Joint Tax Committee and the Treasury 50 highest dollar grants awarded—or whether there would be any Federal as- Department. This is more than the spe- about $2.7 billion—went to projects sistance to these communities. We cial tax breaks for Big Oil, which Con- that had begun construction before the need to be sure we provide this cer- gress should also end. $6 billion of stimulus measures started. tainty for off-system bridges if we are these Big Wind subsidies will come Steve Ellis, the vice president of Tax- going to promote job creation and eco- from the production tax credit for re- payers for Common Sense, told nomic development. We have to work newable energy, which Congress tempo- Greenwire: together in the Nation’s Capital to rarily enacted in 1992. The prospect for make smart investments in our Na- the expiration of this tax break at the It’s essentially funding economic activity end of this year has filled the Capitol that already would have occurred. So it’s tion’s transportation system if we are just a pure subsidy. going to provide communities and job with lobbyists hired by investors creators with greater certainty to pre- wealthy enough to profit from the tax According to President Obama’s new pare for the future. breaks. President Obama even wants to budget, Big Oil receives multiple tax I wish to thank Senator CASEY for his make these tax credits permanent. Ac- subsidies. Doing away with them would hard work on this issue. I am glad to cording to the Wall Street Journal, save about $4.7 billion a year in fiscal join him on this amendment. It is crit- this is a ‘‘make or break moment’’ for year 2013 or about $22 billion over 5 ical to the State of Missouri and many wind power companies. years it says. So far it sounds like Big other States. The National Association There are three reasons the Big Wind Oil with $22 billion, is bigger in sub- of Counties, the National League of subsidies should go the way of the $5 sidies than Big Wind with $14 billion. Cities, the National Conference of May- billion annual ethanol subsidy, which But here is the catch: Many of the sub- ors, the National Association of Coun- Congress allowed to expire last year. sidies that the President is attacking ty Engineers, the American Public First, we cannot afford it. The Federal oil companies for receiving are regular Works Association, the National Asso- Government borrows 40 cents of every tax provisions that are the same or ciation of Regional Councils, and the dollar it spends. It cannot justify such similar to those other industries re- National Association of Development a subsidy, especially for what the ceive. For example, Xerox, Microsoft, Officials are all in support of this Nobel Prize-winning U.S. Energy Sec- and Caterpillar all benefit from tax amendment. I hope we have it included retary calls a ‘‘mature technology.’’ provisions like the manufacturing tax in the amendments we get to vote on, Second, wind turbines produce a rel- credit, amortization or depreciation of and I urge my colleagues to join in this atively puny amount of expensive, un- used equipment that the President is bipartisan effort to create more cer- reliable electricity. Wind produces 2.3 counting as Big Oil subsidies. tainty for local governments. percent of our electricity, less than 8 Of course, wind energy companies I yield the floor and I suggest the ab- percent of our pollution-free elec- also benefit from many similar tax pro- sence of a quorum. tricity. One alternative is natural gas, visions. But the production tax credit The PRESIDING OFFICER. The which is abundant, cheap, and very that benefits wind is in addition to the clerk will call the roll. clean. Another alternative is nuclear. regular Tax Code provisions that ben- The bill clerk proceeded to call the Reactors power our Navy and produce efit many companies. So the only way roll. 70 percent of our pollution-free elec- to make a fair comparison is to look The PRESIDING OFFICER (Ms. KLO- tricity. Using windmills to power a only at subsidies that mostly benefit BUCHAR). The Senator from Tennessee. country that uses one-fourth of all of only oil or only wind, and by that Mr. ALEXANDER. I ask unanimous the world’s electricity world would be measure wind gets more breaks than consent that the order for the quorum the energy equivalent of going to war oil. call be rescinded. in sailboats. The PRESIDING OFFICER. Without Finally, these massive turbines too The Heritage Foundation has done an objection, it is so ordered. often destroy the environment in the analysis showing that if Big Oil re- Mr. ALEXANDER. Madam President, name of saving the environment. When ceived the same type of production tax I ask unanimous consent to speak as in wind advocate T. Boone Pickens was credit as Big Wind, then the taxpayer morning business. asked whether he would put turbines would be paying Big Oil about $50 per The PRESIDING OFFICER. Without on his Texas ranch, Mr. Pickens an- barrel of oil when adjusted for today’s objection, it is so ordered. swered: No, they’re ugly. prices. According to a 2008 Energy In- WIND TURBINE SUBSIDIES A new documentary movie, ‘‘Wind- formation Administration report, Big Mr. ALEXANDER. Madam President, fall,’’ chronicles upstate New York Wind received an $18.82 federal subsidy today in the Wall Street Journal there residents debating whether to build per megawatt hour, 25 times as much coincidentally was an editorial on the giant turbines in their town. A New as per megawatt hour as subsidies for subject about which I speak, and this York Times review of this film re- all other forms of electricity produc- was entitled ‘‘Republicans Blow With ported this: tion combined. the Wind. Another industry wants to Turbines are huge: Some are 40 stories tall, The production tax credit became keep its tax subsidies.’’ It is about the with 130-foot blades weighing seven tons and law in 1992. Its goal was to jump-start possibility that the Senate will be spinning at 150 miles per hour. They can fall renewable energy production. While it asked—maybe as early as the next few over or send parts flying; struck by light- is advertised as a tax credit for renew- ning, say, they can catch fire. Their 24/7 ro- able energy, according to the Joint days during the debate on the Trans- tation emits nerve-racking low frequencies portation bill—to extend yet 1 more (like a pulsing disco) amplified by rain and Committee on Taxation, 75 percent of year the Federal taxpayers’ subsidy for moisture, and can generate a disorienting the credit goes to wind developers. large wind turbines. strobe effect in sunlight. Giant flickering Here is how it works: For every kilo- I would like to take a few minutes to shadows can tarnish a sunset’s glow on a watt hour of electricity produced from say why I don’t believe we should do landscape. wind, turbine owners receive 2.2 cents that, and I ask unanimous consent that Let’s consider the three arguments in a tax credit. For example, if a Texas following my remarks the Wall Street one by one. First, the money. For all utility buys electricity from a wind de- Journal editorial be printed in the we hear about Big Oil, you may be sur- veloper at 6 cents a kilowatt hour, the RECORD. prised to learn that special tax breaks Federal taxpayer will pay the devel- The PRESIDING OFFICER. Without for Big Wind are greater. During the 5 oper another 2.2 cents per kilowatt objection, it is so ordered. years from 2009 to 2013, Federal sub- hour. This 2.2-cent subsidy continues

VerDate Mar 15 2010 06:01 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.038 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1453 for the first 10 years that the turbine is your grandma’s windmills. They are development harmed protected birds. in service. This 2.2-cent credit is worth taller than the Statue of Liberty, their Do not the same laws protecting birds 3.4 cents per kilowatt hour in cash sav- blades are as long as a football field, apply to both Big Wind and Big Oil? ings on the tax return of a wealthy in- and their blinking lights can be seen Surely, there are appropriate places vestor. Wind developers often sell their for 20 miles. Not everyone agrees with for wind power in a country that needs tax credits to Wall Street banks or big T. Boone Pickens that they are ugly clean electricity and that has learned corporations or other investors who but, when these towers move from tele- the value of a diverse set of energy have large incomes. They create what vision advertisements into your neigh- sources. But if reliable, cheap, and is called a tax equity deal in order to borhood, you might agree with Mr. clean electricity without energy sprawl lower or even eliminate taxes. This is Pickens. Energy sprawl is the term is our goal, then four nuclear reac- the scheme our President, who is conservation groups use to describe the tors—each occupying 1 square mile— championing economic fairness, would march of 45-story wind turbines onto would equal the production of a row of like to make permanent. the landscape of ‘‘America the Beau- 50-story wind turbines strung along the Energy expert Daniel Yergin, the tiful.’’ entire 2,178-mile length of the Appa- Pulitzer prize winner, says the price of If the United States generated 20 per- lachian Trail from Georgia to Maine. oil during 2011, when adjusted for infla- cent of our electricity from wind, as According to Benjamin Zycher at the tion, is higher than at any time since some have suggested, that would cover American Enterprise Institute, a 1,000- 1860. It therefore makes no sense what- an area the size of West Virginia with megawatt natural gas powerplant soever to give special tax breaks to Big 186,000 wind turbines. It would also be would take up about 15 acres while a Oil. Neither does it make sense to ex- necessary to build 12,000 new miles of comparable wind farm would take up tend special tax breaks to Big Wind, a transmission lines. 48,000 to 60,000 acres. And, of course, mature technology. For every $3 saved The late Ted Kennedy and his suc- even if someone built all of those tur- by eliminating these wasteful sub- cessor Senator SCOTT BROWN have both bines, you would still need the nuclear sidies, I would spend $2 to reduce the complained about how a wind farm the or gas plants for when the wind doesn’t Federal debt and $1 to double research size of Manhattan Island will clutter blow. for new forms of cheap, clean energy the ocean landscape around Nantucket Our energy policy should to be, first, for our country. Island. double the $5 billion Federal energy The second problem with electricity Robert Bryce told the Wall Street budget for research on new forms of produced from wind is there is not Journal that the noise of turbines, the cheap, clean, reliable energy. I am much of it, and since the wind blows ‘‘infra sound’’ issue, is the most prob- talking about such research for the 500- when it wants to, and for the most lematic for the wind industry. ‘‘They mile battery for electric cars, for com- part, it cannot be stored, it is not reli- want to dismiss it out of hand, but the mercial uses of carbon captured from able. For this reason the claims in low frequency noise is very dis- coal plants, solar power installed at newspapers about how much electricity turbing,’’ he explains. ‘‘I interviewed less than $1 a watt, or even offshore wind produces are misleading because people all over, and they all com- wind turbines. of the difference between the capacity plained with identical words and de- Second, we should strictly limit and of an energy plant and its actual pro- scriptions about the problems they support a handful of jumpstart re- duction. were feeling from the noise.’’ search and development projects to Daniel Yergin says the U.S. installed Theodore Roosevelt was our greatest take new technologies from their re- capacity for wind power grew at an av- conservation President, and his great- search and development phase to the erage annual rate of 40 percent between est passion was for birds. Birds must commercial phase. I am thinking here 2005 and 2009. In terms of absolute ca- think wind turbines are Cuisinarts in of projects like ARPA-E, modeled after pacity, Yergin writes in his book The the sky. the Defense Department’s DARPA, Quest, that growth in capacity was the Last month, two golden eagles were that led to the internet, stealth, and equivalent to adding 25 new nuclear found dead at California’s Pine Tree other remarkable technologies. Or the plants. But Yergin writes: In terms of wind farm, bringing the total count of 5-year program for small modular nu- actual generation of electricity, it was dead golden eagles at that wind farm to clear reactors. more like adding nine reactors. This is eight carcasses. And the Los Angeles Third, we should end wasteful, long- because nuclear plants operate 90 per- Times reports that the U.S. Fish and term, special tax breaks such as those cent of the time while wind turbines Wildlife Service ‘‘has determined that for Big Oil and Big Wind. The savings operate about one-third of the time. the six golden eagles found dead earlier from ending those subsidies should be As an example, the Tennessee Valley at the 2-year-old wind farm in Kern used to double clean energy research Authority constructed a 29-megawatt County were struck by blades from and to reduce our Federal debt. wind farm at Buffalo Mountain at a some of the 90 turbines spread across For a strong country, we need large cost of $60 million. It is the only wind the 8,000 acres at the site.’’ That puts amounts of cheap, reliable, clean en- farm in the Southeast. the death rate per turbine at the Pine ergy, and we need a balanced budget. We read in the papers about a 29- Tree wind farm at three times higher This is an energy policy that could megawatt wind farm, but that is not than at California’s Altamont Pass help us do both. its real output. In practice, Buffalo Wind Resource Area, which has 5,000 EXHIBIT 1 Mountain has only generated elec- turbines that kill 67 golden eagles each REPUBLICANS BLOW WITH THE WIND tricity 19 percent of the time, since the year. ANOTHER INDUSTRY WANTS TO KEEP ITS wind doesn’t blow very much in the Apparently eagle killing has gotten TAXPAYER SUBSIDIES Southeast. So this wind farm, sounding so commonplace that the U.S. Depart- Congress finally ended decades of tax cred- like a 29-megawatt power plant, only ment of the Interior will grant wind de- its for ethanol in December, a small triumph generates 6 megawatts. TVA considers velopers hunting licenses for eagles. In for taxpayers. Now comes another test as the Buffalo Mountain to be a failed experi- Goodhue County, MN, a company wind-power industry lobbies for a $7 billion renewal of its production tax credit. ment. In fact, looking for wind power wants to build 48 turbines on 50 square The renewable energy tax credit—mostly in the Southeast is a little like looking miles of land, and to do that it has ap- for wind and solar power—started in 1992 as for hydropower in the desert. plied for an ‘‘eagle take’’ permit which a ‘‘temporary’’ benefit for an infant indus- So one problem with this Big Wind will allow it to kill a certain number of try. Twenty years later, the industry wants subsidy is that it has encouraged devel- eagles before facing penalties. another four years on the dole, and Senator opers to build wind projects in places I have figured out how such a hunt- Jeff Bingaman of New Mexico has introduced where the wind doesn’t blow or the ing license squares with federal laws a national renewable-energy mandate so con- wind doesn’t blow. that will put you in prison or fine you sumers will be required to buy wind and solar power no matter how high the cost. Finally, there is the question of if you kill migratory birds or eagles. The truth is that those giant wind turbines whether in the name of saving the en- Nor have I figured out how it squares from Maine to California won’t turn without vironment wind turbines are destroy- with the Fish and Wildlife Service burning through billions upon billions of tax- ing the environment. These are not fining Exxon $600,000 in 2009 when oil payer dollars. In 2010 the industry received

VerDate Mar 15 2010 03:31 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.044 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1454 CONGRESSIONAL RECORD — SENATE March 7, 2012 some $5 billon in subsidies for nearly every The assistant editor of the Daily Di- ing together a series of separate bills stage of wind production. gest proceeded to call the roll. and putting them together in a pack- The ‘‘1603 grant program’’ pays up to 30% Mr. REID. Madam President, I ask age—a capital formation package. of the construction costs for renewable en- ergy plants (a subsidy that ended last year unanimous consent that the order for There is very broad support for this but which President Obama calls for reviving the quorum call be rescinded. package in the House. I think under his in his budget). Billions in Department of En- The PRESIDING OFFICER. Without leadership it is very likely to pass the ergy grants and loan guarantees also finance objection, it is so ordered. House and will present a tremendous the operating costs of these facilities. Wind f opportunity for us because there is producers then get the 2.2% tax credit for broad bipartisan support for these com- every kilowatt of electricity generated. RECESS monsense reforms that will help com- Because wind-powered electricity is so ex- The PRESIDING OFFICER. Under panies raise capital and grow. pensive, more than half of the 50 states have The bipartisan support includes the passed renewable energy mandates that re- the previous order, the Senate stands quire utilities to purchase wind and solar in recess until 6:30 p.m. President of the United States. Much power—a de facto tax on utility bills. And Thereupon, the Senate, at 5:03 p.m., to his credit, the President—I believe don’t forget subsidies to build transmission recessed until 6:30 p.m. and reassem- just yesterday—issued a formal State- lines to deliver wind power to the electric bled when called to order by the Pre- ment of Administrative Policy indi- grid. siding Officer (Mr. BENNET). cating his full support for the passage What have taxpayers received for this Mr. REID. Mr. President, I suggest of the measure that Leader CANTOR is multibillion-dollar ‘‘investment’’? The latest proposing in the House. Many of these Department of Energy figures indicate that the absence of a quorum. wind and solar power accounted for a mere The PRESIDING OFFICER. The proposals come from the work that the 1.5% of U.S. energy production in 2010. DOE clerk will call the roll. President initiated. Some of them are estimates that by 2035 wind will provide a The legislative clerk proceeded to included in the startup America jobs still trivial 3.9% of U.S. electricity. call the roll. plan that the President proposed. Some Even that may be too optimistic because of The PRESIDING OFFICER (Mr. of them were recommended by commis- the natural gas boom that has produced a MERKLEY). The Senator from Pennsyl- sions that the President assembled. happy supply shock and cut prices by more vania. The President spoke about the need for than half. Most economic models forecasting enhancing small- and medium-sized that renewable energy will become price Mr. TOOMEY. Mr. President, I ask competitive are based on predictions of nat- unanimous consent that the order for companies’ access to capital in his ural gas prices at well above $6 per million the quorum call be rescinded. State of the Union Address. So I think cubic feet, more than twice the current cost. The PRESIDING OFFICER. Without the President has been very clear and The most dishonest claim is that wind and objection, it is so ordered. very strong in his support as the House solar deserve to be wards of the state be- Republican leadership has been. cause the oil and gas industry has also re- f In this body I think the leadership on ceived federal support. That’s the $4 billion a MOVING AHEAD FOR PROGRESS IN both sides of the aisle has indicated year in tax breaks for oil and gas (which all support. The majority leader and the manufacturers receive), but the oil and gas THE 21ST CENTURY ACT—Continued minority leader have both indicated industry still pays tens of billions in federal Mr. TOOMEY. Mr. President, I ask their support for moving in this direc- taxes every year. unanimous consent to speak as in tion. The chairman and the ranking Wind and solar companies are net tax bene- morning business. ficiaries. Taxpayers would save billions of member of the Banking Committee The PRESIDING OFFICER. Without dollars if wind and solar produced no energy have expressed a desire to move for- objection, it is so ordered. at all. A July 2011 Energy Department study ward with the capital formation pack- found that oil, natural gas and coal received CAPITAL FORMATION age, and there is wide support among an average of 64 cents of subsidy per mega- Mr. TOOMEY. Mr. President, it is outside groups. In fact, there is very watt hour in 2010. Wind power received near- probably clear to all of us that the broad support and very little opposi- ly 100 times more, or $56.29 per megawatt American people have a very high level hour. tion. The support includes support of Most Congressional Democrats will back of frustration with the lack of produc- entrepreneurs, whether they be from anything with the green label. But Repub- tivity of this Congress. The fact is, convenience stores, financial services lican support for big wind is a pure corporate when we go home to our respective firms, or high-tech firms. welfare play that violates free-market prin- States, I am sure we are all hearing In Pennsylvania, the life science ciples. Last week six Republican Senators— what I heard last week as I traveled companies feel very strongly about this John Boozman of Arkansas, Scott Brown of across Pennsylvania. People ask me: because for them access to capital is a Massachusetts, Charles Grassley of Iowa, Why can’t you guys work together? huge challenge. It is the absolutely es- John Hoeven of North Dakota, Jerry Moran Why can’t you get something done? of Kansas and John Thune of South Dakota— sential precondition for their growth, signed a letter urging their colleagues to ex- Why does it seem there is so much par- and they are not alone. Manufacturers tend the production tax credit. tisan bickering that you can’t come to- generally, supermarkets, all kinds of ‘‘It is clear that the wind industry cur- gether even on simple things that trade associations, the support for rently requires tax incentives’’ and that con- could help grow this economy, help these kinds of capital foundation bills tinuing that federal aid can help the indus- make progress in these very difficult is very broad. try ‘‘move towards a market-based system,’’ times? I want to touch specifically on three said the letter. What’s the ‘‘market-based’’ Well, on this front I think we have of the bills that I have been working on timetable—100 years? In the House 18 Repub- some good news, and I am delighted to licans have joined the 70–Member wind pork for quite some time now, and I am very caucus. Someone should remind them that in talk about this tonight. I hope this hopeful and optimistic. First of all, 2008 and 2010 the wind lobby gave 71% of its early sign of good news reaches fru- these three bills are among six bills. PAC money to Democrats. ition and we actually have a meaning- The House companion version of these Here’s a better idea. Kill all energy sub- ful accomplishment soon in this body bills is in the package that Leader CAN- sidies—renewable and nonrenewable, start- as well as the other body. TOR has proposed, and I believe there is ing with the wind tax credit, and use the sav- Specifically, I am referring to the broad support in this body for these ings to shave two or three percentage points work that has been coming together of bills as well. off America’s corporate income tax. Kansas Congressman Mike Pompeo has a bill to do late on a series of capital formation The first I want to refer to is a bill so. This would do more to create jobs than bills that will help small and growing that I have introduced with Senator attempting to pick energy winners and los- companies raise the capital they need TESTER. It is S. 1544, and it is called ers. Mandating that American families and to expand, to hire new workers, to help the Small Company Capital Formation businesses use expensive electricity doesn’t improve our economy and give us a Act. It is more commonly known as the create jobs. It destroys them. healthier economy with the job growth reg A bill. What it does is lift the cur- Mr. ALEXANDER. I suggest the ab- we badly need. rent ceiling on the amount of money sence of a quorum. In particular, I want to thank House that a business can raise under the reg- The PRESIDING OFFICER. The majority leader ERIC CANTOR. Con- ulation provision of the securities law. clerk will call the roll. gressman CANTOR took the step of pull- That is a provision that allows a small

VerDate Mar 15 2010 03:31 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.002 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1455 company to issue a modest amount of ably follows a substantial increase in when that company gets there in- debt or equity without being subject to hiring, and that is why this is so im- creases their chance of raising money the full range of very costly regula- portant. now through other vehicles, through tions. The limit has been at $5 million One of the reasons companies are other sources, and therefore increases for many years, and the bill that Sen- slower to go public now than they were their ability to grow. ator TESTER and I have proposed would in the past is because we in Congress I am very enthusiastic, as my col- raise that limit to $50 million. It has created a much more expensive set of leagues can tell, about this legisla- not been updated in almost two dec- regulations when a company does go tion—certainly the three bills I have ades, and there is no question that public. Part of that is the Sarbanes- been working on and the other bills as raising the ceiling would allow a lot of Oxley bill, and certain features within well, which are a perfect complement companies that need to raise substan- Sarbanes-Oxley are enormously com- to this and really constitute a portfolio tially more than $5 million the ability plex and expensive to comply with. of bills that will facilitate portfolio- to do so and to thereby grow. Our bill says if you are a relatively raising across the board. This is something the President has small company—specifically, less than I thank my Democratic cosponsors of supported as well, and it passed the $1 billion in revenues or less than $700 these particular bills, including Sen- House by a pretty stunning margin of million in public float, the amount of ators TESTER, CARPER, and SCHUMER, 421 to 1. It was not very controversial. stock that is traded, then you can do for working with me. I also wish to I don’t think it is controversial here, an IPO without having to comply with commend Leader MCCONNELL for his so I am glad this bill is included in this all of the Sarbanes-Oxley regulations leadership and Senator REID for his, as package in the House. immediately. Over time you will have well as Ranking Member SHELBY and The second bill I would like to men- to comply if you exceed those thresh- Chairman JOHNSON. I think what our tion is S. 1824, the Toomey-Carper bill. olds that I mentioned, or within 5 constituents have been telling us for a It has to do with the limit on the num- years. In any case, you have to comply long time is they want to see us work- ber of shareholders a closely held com- as everybody else does, but at least you ing together and doing what is right pany can have without triggering the have the opportunity to grow and the for our country, for our economy, for full SEC compliance. Currently, that ability to afford the expense that is as- job growth. This is a wonderful oppor- limit is at 500 shareholders. If you sociated with it. tunity to do that. reach 500 or go above 500, then you are A companion measure to this bill—an I think it is quite likely that a pack- treated as a public company such as identical version in the House was con- age of these bills is going to pass the ExxonMobile for reporting purposes. sidered by the House Financial Serv- House very soon. I hope some com- That might have been appropriate ices Committee, and that passed just a parable measure will pass in the Sen- many years ago, but in the modern era week ago. It passed the Financial Serv- ate. The President has already indi- where communication is so much easi- ices Committee by a vote of 54 to 1. cated he supports it and wants to sign er, access to information is so much This is not very controversial. This has it. I don’t think we should waste any greater and so much faster, the nec- very broad bipartisan support, and this time at all in passing the legislation essary information for shareholders is the kind of legislation that is going that will be good for small and me- can be distributed more broadly, more to help businesses grow. I cannot stress dium-sized businesses and good for quickly, more easily, it is high time we enough the link between raising cap- their ability to grow and hire more raised that limit from 500 to 2,000 as ital and growing one’s company and workers. this bill would do. hiring new workers. Capital and jobs With that, Mr. President, I yield the I appreciate Senator CARPER’s sup- are completely linked. What these bills floor and suggest the absence of a port for this legislation. will do, together with the other bills quorum. This is a bill that has a companion that make the broader package, is they The PRESIDING OFFICER (Mr. measure in the House that was raised will encourage a wealthier economy, MANCHIN). The clerk will call the roll. at the House Financial Services Com- stronger job growth, and more people The bill clerk proceeded to call the mittee. They voted on it. They voted working. roll. by voice vote and approved it. By voice Let me stress one other aspect about Mr. REID. Mr. President, I ask unan- vote that means, generally speaking, this that I think is important to note. imous consent that the order for the there is no opposition and nobody both- This came out at a hearing we had ear- quorum call be rescinded. ered with the rollcall vote because ev- lier this week on this very topic; that The PRESIDING OFFICER. Without erybody supported it. That is a big, is, for many small companies, young objection, it is so ordered. broad committee that represents vir- companies, growing companies, there Mr. REID. Mr. President, first of all, tually every constituency in the House are a number of steps along the way to I don’t think apologies are in order. We of Representatives, and it was passed becoming a larger and more successful have been doing the best we can for by a voice vote. This has very strong company, employing more people. several days now. We have a typical and broad support. There are a number of steps along agreement, not one that either side The third bill I want to mention is S. the way in raising capital that can jumps for joy about. In the near future, 1933, the Schumer-Toomey bill. The start with an angel investor, followed we are going to be able to finish this technical name is Reopening American by venture capital, followed by private important piece of legislation. Capital Markets to Emerging Growth equity, followed by maybe a securities Mr. President, I ask unanimous con- Companies Act. We call this more issuance, followed by an IPO. This se- sent that the motion to recommit be colloquially the on-ramp bill. The rea- quence of capital-raising is very impor- withdrawn; that the pending second-de- son we call it that is because we think tant. If you facilitate any one step gree amendment be withdrawn; that of it as an on-ramp to becoming a pub- along the way, as these bills would, the the Reid of Nevada amendment No. 1761 licly traded company, a path to launch- experts who came and testified before be agreed to; that the bill, as amended, ing an IPO that will facilitate this. our committee confirmed that by fa- be considered original text for the pur- There has been a big reduction in the cilitating one step along the way, you poses of further amendment; that the number of IPOs that occur in the facilitate the capital-raising at the following amendments be the only United States. The IPO, initial public earlier steps because what happens is first-degree amendments remaining in offering, is the process by which a pri- the investors are more confident they order to S. 1813: vate company becomes a public com- will have the opportunity to liquidate Vitter No. 1535; Baucus or designee pany. It can be a very substantial op- their investment at a later stage if relative to rural schools; Collins No. portunity to raise capital. As I men- they see that the regulations have been 1660; Coburn No. 1738; Nelson of Flor- tioned earlier, when companies raise made more amenable to that liquida- ida, Shelby, Landrieu No. 1822, with a capital, they put that money to work tion further down the road. So even if modification in order if agreed to by by expanding and hiring new workers. a company is not yet necessarily Senators Nelson of Florida, Shelby, An IPO is a hugely important step in a poised, for instance, to do the IPO, the Landrieu, and Baucus; Wyden No. 1817; company’s progress and almost invari- fact that the IPO is easier to achieve Hoeven No. 1537; Levin No. 1818;

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.048 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1456 CONGRESSIONAL RECORD — SENATE March 7, 2012 McConnell or designee with a side-by- ADDITIONAL STATEMENTS whose struggles continue to mount and side to Stabenow No. 1812; Stabenow are shared across this country. He No. 1812; Demint No. 1589; Menendez- cared deeply about issues from agri- Burr No. 1782; DeMint No. 1756; Coats FREDERICK COUNTY, MD culture and rural development to edu- No. 1517; Brown of Ohio No. 1819; Blunt CHAMBER OF COMMERCE cation and the environment. No. 1540; Merkley No. 1653; Portman ∑ Mr. CARDIN. Mr. President, I wish to In 2010, Gary was diagnosed with No. 1736; Klobuchar No. 1617; Corker recognize the 100th anniversary of the amyotrophic lateral sclerosis, more No. 1785, with a modification; Shaheen Frederick County Chamber of Com- commonly known as Lou Gehrig’s dis- No. 1678; Portman No. 1742; Corker No. merce, the first chartered chamber in ease. As a Lutheran pastor, Gary met 1810; Carper No. 1670; Hutchison No. the United States. When the United his diagnosis with strong faith and de- 1568; McCain No. 1669, modified with States Chamber of Commerce was termination. He chose to continue his changes at the desk; Alexander No. formed at a conference held by Presi- work in public service, always putting 1779; Boxer No. 1816; and Paul No. 1556; dent Taft in April 1912, four delegates his constituents first. that on Thursday, March 8, at a time from the Maryland’s Frederick County Gary wasn’t the stereotypical politi- to be determined by the majority lead- Board of Trade were in attendance. In- cian whom many disparage so often in er, after consultation with the Repub- spired by the conference, the Frederick today’s discourse. He kept his head lican leader, the Senate proceed to County Board of Trade applied for down and just worked for the people votes in relation to the amendments in membership to the newly formed who elected him, reaching across ideo- the order listed; that the following chamber the very next day. logical boundaries to do his job. In his amendments be subject to a 60-vote af- The newly renamed Frederick Coun- 16 years in the Minnesota House and firmative threshold: Vitter No. 1535; ty Chamber of Commerce committed Senate, he didn’t seek out the lime- Baucus or designee relative to rural itself to serving the business interests light. He simply served as a voice for schools; Collins No. 1660; Coburn No. of Frederick County. During the rav- rural Minnesota, and he was remark- 1738; Nelson of Florida-Shelby-Lan- ages of the Great Depression, the ably effective. drieu No. 1822; Wyden No. 1817; Hoeven chamber was a beacon of hope, advo- We in this body have a lot to learn No. 1537; McConnell or designee side- cating for Federal work programs and from Gary’s style of legislating. Min- by-side to Stabenow No. 1812; Stabenow organizing the Community Chest, now nesota benefited greatly from his work, No. 1812; DeMint No. 1589; Menendez- known as the United Way of Frederick and we have lost a hard-working public Burr No. 1782; that there be no other County. servant and friend. amendments in order to the bill or the Over the past 100 years, the Fred- I would like to conclude with a pray- amendments listed other than the erick County Chamber of Commerce er that Gary read at a Minnesota managers’ package and there be no has successfully promoted economic vi- Farmers Union convention in 2010, points of order or motions in order to tality in Frederick, and has been a cru- which I think is a perfect reflection of any of these amendments other than cial partner to countless local busi- his values: budget points of order and the applica- nesses and organizations. The Fred- Creator God, Redeemer Son and In- ble motions to waive; that it be in erick Arts Council and the Tourism dwelling Spirit, we thank You for order for a managers’ package to be Council of Frederick County were both bringing us together this weekend. Be considered and, if approved by the chamber initiatives that grew into with us as we attempt to move our in- managers and the two leaders, the independently successful organizations. dustry forward in ways that benefit the managers’ package be agreed to; fur- The Chamber has also been a leader in people of our State and Nation. ther, the bill, as amended, then be read promoting women and minority-owned Help us to see that the decisions we the third time and the Senate proceed businesses. In 1969, the chamber make in caring for the land, marketing to a vote on passage of the bill, as worked with the NAACP to form the local foods, sustaining our resources amended, and if the bill is passed, it be People’s Opportunity and Information for all of these things are part and par- held at the desk; finally, that when the Center, and in 1997 they welcomed their cel of our call as Your people to care Senate receives the House companion first female president. for our neighbor. to S. 1813, as determined by the two Today, the Frederick County Cham- Help us to embrace once again the leaders, it be in order for the majority ber of Commerce works with nearly values of community that allow us to leader to proceed to its immediate con- 1,000 member businesses to expand see our neighbors in the same light sideration, strike all after the enacting Frederick County’s economy and im- that You see them for You have cre- clause and insert the text of S. 1813, as prove the quality of life for Frederick ated all of us in equal standing before passed by the Senate, in lieu thereof; County residents. By bringing business You. that the House bill, as amended, be leaders together to tackle challenges Move us from our tendency to isolate read the third time, a statutory pay-go and proactively plan for the future, the ourselves from one another to seeing statement be read, if needed, and the Frederick County Chamber of Com- our neighbors as benefactors along bill, as amended, be passed, the mo- merce has strengthened the commu- with us of Your love and grace. tions to reconsider be considered made nity and the region. Bless us now as we received these and laid upon the table; that upon pas- I ask my colleagues to join me in gifts of nourishment from Your hand sage, the Senate insist on its amend- congratulating the Frederick County that we might be sustained in our call ment, request a conference with the Chamber of Commerce on 100 years of to care for our neighbor coupled with House on the disagreeing votes of the leadership and advocacy on behalf of our own call to farm the land You have two Houses and that the Chair be au- the businesses and citizens of Fred- given into our keeping. thorized to appoint conferees on the erick County.∑ In Your strong name, Amen.∑ part of the Senate. f f The PRESIDING OFFICER. Is there REMEMBERING MINNESOTA TRIBUTE TO ASSISTANT POLICE objection? SENATOR GARY KUBLY CHIEF MARCY KORGENSKI Without objection, it is so ordered. ∑ Mr. FRANKEN. Mr. President, I ∑ Mr. LEE. Mr. President, today I wish f would like to take a few minutes to re- to recognize the career of Assistant Po- member the life of Minnesota Senator lice Chief Marcy Korgenski, who is re- MORNING BUSINESS Gary Kubly, who died on Friday, March tiring after 30 years with the Ogden Po- Mr. REID. Mr. President, I ask unan- 2, after a battle with Lou Gehrig’s dis- lice Department and was the first fe- imous consent that the Senate proceed ease. male to hold the position in Ogden’s to a period of morning business, with Gary was a model Midwestern politi- history. Senators permitted to speak therein cian—one who worked hard, but quiet- A graduate of both Weber State Uni- for up to 10 minutes each. ly, on behalf of his constituents. He versity and the FBI National Academy, The PRESIDING OFFICER. Without was a strong voice for the rural com- Chief Korgenski first joined Ogden’s objection, it is so ordered. munities that he served, communities police force in 1982 as a patrol officer.

VerDate Mar 15 2010 04:04 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.054 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1457 She helped to found the department’s Today I wish to recognize and com- H.R. 4105. An act to apply the counter- gang unit in 1991, and, rising through mend Baxter Brewing Company, whose vailing duty provisions of the Tariff Act of the ranks, she became a sergeant in owner and founder, Luke Livingston, 1930 to nonmarket economy countries, and 1995 and a lieutenant in 1999. In 2010, was recently named one of Forbes Mag- for other purposes. Korgenski was promoted to assistant azine’s 30 under 30 in the food and wine ENROLLED BILL SIGNED police chief, a position she had earned category. At 6:47 p.m., a message from the with hard work throughout her career. A native of Auburn, ME, Luke began House of Representatives, delivered by As assistant chief, Korgenski has brewing while still in college at Clark Mr. Novotny, one of its reading clerks, been in charge of the department’s In- University in Worcester, MA. Fol- announced that the Speaker has signed vestigation Division, training and lowing college, although he was suc- the following enrolled bill: records operations, and selective en- cessfully employed, Luke’s passion H.R. 4105. An act to apply the counter- forcement. She has also directed offi- continued to remain in brewing. At 24, vailing duty provisions of the Tariff Act of cers assigned to the Weber-Morgan he decided it was time to take the leap, 1930 to nonmarket economy countries, and Narcotics Strike Force, established and and quit his day job to develop a busi- for other purposes. managed the Ogden Police Apprentice ness plan for Baxter Brewing Company. The enrolled bill was subsequently Program, and joined prosecutors in es- In seeking to create a well-crafted signed by the Acting President pro tablishing a special investigator for business plan—particularly in such a tempore (Mr. REID). Hispanic victims of domestic violence. tumultuous economy—Luke turned to f Using her experience to teach others, counselors within the Maine Small Korgenski trained members of the Vol- Business Development Center, who pro- MEASURES DISCHARGED unteers in Policing program in tech- vided him critical guidance that was The following bill was discharged niques to assist local police in keeping instrumental in achieving his goal. from the Committee on Finance, and residents safe. Now at age 27, Luke’s dream has be- referred as follows: In 2011, Korgenski was awarded the come a reality, as his business has S. 2152. A bill to promote United States Ogden/Weber Chamber Women in Busi- quickly risen to the ranks of top policy objectives in Syria, including the de- ness Committee’s ATHENA award, micro-breweries. Baxter Brewing Com- parture from power of President Bashar which recognizes individuals who dem- pany, began selling its product in Jan- Assad and his family, the effective transition onstrate excellence, initiative, and cre- uary of 2011, and is located in a portion to a democratic, free, and secure country, ativity in their profession. When inter- of newly renovated space at the Bates and the promotion of a prosperous future in viewed about the award, Korgenski Mill Complex, a historic former textile Syria; to the Committee on Foreign Rela- tions. said that she encourages women to mill in downtown Lewiston. Currently, ‘‘dream the impossible dream.’’ the company offers three varieties of f Korgenski has also received her de- beer including a Stowaway India Pale MEASURES READ THE FIRST TIME partment’s Distinguished Service Ale, IPA, Pamola Xtra Pale Ale, and Award, the Mattie Harris Spirit of the its newest addition, the Amber Road. The following bill was read the first American Woman Award, and the Ro- Unlike most craft beer producers, Luke time: tary Club’s Outstanding Selfless Dedi- sells his micro-brew in cans rather S. 2173. A bill to preserve and protect the cation and Public Service Award. than glass bottles. By using cans, Bax- free choice of individual employees to form, Beyond her professional accomplish- ter is able to utilize recycled materials join, or assist labor organizations, or to re- frain from such activities. ments, Korgenski is very active in her while reducing shipping costs and pro- community. She is involved with the viding fresher beer to their customers f Ogden Area Youth Alliance, the Amer- at the same time. ENROLLED BILL PRESENTED ican Cancer Society Relay for Life, the Recently, celebrating Baxter’s first Special Olympics of Utah, and the Do- year anniversary, Luke’s gamble has The Secretary of the Senate reported mestic Violence Coalition for Weber certainly paid off with expanding sales that on today, March 7, 2012, she had County. She also serves on the Swan- markets and multiple accolades for the presented to the President of the son Foundation Advisory Board, the young brewery. In the first year, the United States the following enrolled Ogden Noon Exchange Club Executive company sold slightly over 5,000 barrels bill: Board, Weber Sate’s Child and Family of beer, making it one of 2011’s most S. 1710. An act to designate the United Services Advisory Board, and the successful first year craft breweries. States courthouse located at 222 West 7th GOAL Foundation, and is a trustee for Accordingly, in addition to Luke’s per- Avenue, Anchorage, Alaska, as the James M. Youth Impact, a nonprofit organization sonal recognition by Forbes, Baxter Fitzgerald United States Courthouse. dedicated to helping at-risk youths. Brewing is also being recognized by f Her decision to retire was made in part BevNet Magazine, an elite beverage EXECUTIVE AND OTHER to devote even more time to her volun- trade magazine, as the New Brewery of COMMUNICATIONS teering efforts. the Year. I join Ogden Mayor Mike Caldwell in As Baxter Brewing Company con- The following communications were saying that Marcy Korgenski’s service tinues to expand further into Massa- laid before the Senate, together with to the public will be missed. Her career chusetts and New Hampshire, this accompanying papers, reports, and doc- is a testament to the accomplishments small business offers incredible insight uments, and were referred as indicated: of hardworking women everywhere, into how young entrepreneurs can tri- EC–5223. A communication from the Sec- and I congratulate her on her many umph in today’s economy. Luke’s am- retary of the Department of Agriculture, achievements and 30 years of excel- bition and zealous commitment to his transmitting pursuant to law, the 2011 Pack- lence in her field.∑ craft have provided a remarkable path- ers and Stockyards Program Annual Report; to the Committee on Agriculture, Nutrition, f way to success. I am proud to extend and Forestry. my congratulations to Luke and every- RECOGNIZING BAXTER BREWING EC–5224. A communication from the Under one at Baxter Brewing for their richly COMPANY Secretary of Defense (Acquisition, Tech- deserved honors, and offer my best nology and Logistics), transmitting, pursu- ∑ Ms. SNOWE. Mr. President, through- wishes for their future endeavors.∑ ant to law, a report relative to the Depart- out the 112th Congress, I have consist- f ment of Defense taking essential steps to ently implored my colleagues to re- award multiyear contracts for nine member the value of our Nation’s small MESSAGES FROM THE HOUSE ARLEIGH BURKE Class Guided Missile De- businesses. These enterprising firms At 10:49 a.m., a message from the stroyers in fiscal years 2013 through 2017, in are the key to job creation. Nowhere is House of Representatives, delivered by the second quarter of fiscal year 2013; to the Committee on Armed Services. this more prevalent than in my home Mr. Novotny, one of its reading clerks, EC–5225. A communication from the Under State of Maine, whose entrepreneurial announced that the House has passed Secretary of Defense (Acquisition, Tech- spirit has remained vibrant as busi- the following bill, in which it requests nology and Logistics), transmitting, pursu- nesses continue to make headlines. the concurrence of the Senate: ant to law, an annual report on operations of

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.019 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1458 CONGRESSIONAL RECORD — SENATE March 7, 2012 the National Defense Stockpile (NDS) for fis- a rule entitled ‘‘National Institute on Dis- the report of a rule entitled ‘‘Drug and Drug- cal year 2011; to the Committee on Armed ability and Rehabilitation Research Related Supply Promotion by Pharma- Services. (NIDRR)—Disability and Rehabilitation Re- ceutical Company Representatives at VA Fa- EC–5226. A communication from the Assist- search Projects and Centers Program—Dis- cilities’’ (RIN2900–AN42) received in the Of- ant Legal Adviser for Treaty Affairs, Depart- ability and Rehabilitation Research fice of the President of the Senate on March ment of State, transmitting, pursuant to the Project—Center on Knowledge Translation 5, 2012; to the Committee on Veterans’ Af- Case-Zablocki Act, 1 U.S.C. 112b, as amended, for Disability and Rehabilitation Research’’ fairs. the report of the texts and background state- (CFDA No. 84.133A–13) received in the Office EC–5246. A communication from the Direc- ments of international agreements, other of the President of the Senate on February tor of the Regulation Policy and Manage- than treaties (List 2012–0017—2012–0027); to 28, 2012; to the Committee on Health, Edu- ment Office of the General Counsel, Veterans the Committee on Foreign Relations. cation, Labor, and Pensions. Health Administration, Department of Vet- EC–5227. A communication from the Chair- EC–5237. A communication from the Acting erans Affairs, transmitting, pursuant to law, man of the Board of Governors, Federal Re- Director, Office of Management and Budget, the report of a rule entitled ‘‘Exempting In- serve System, transmitting, pursuant to law, Executive Office the President, transmit- home Video Telehealth from Copayments’’ the Board’s semiannual Monetary Policy Re- ting, proposed legislation entitled ‘‘Reform- (RIN2900–AO26) received in the Office of the port to Congress; to the Committee on Bank- ing and Consolidating Government Act of President of the Senate on March 5, 2012; to ing, Housing, and Urban Affairs. 2012’’; to the Committee on Homeland Secu- the Committee on Veterans’ Affairs. EC–5228. A communication from the Chair- rity and Governmental Affairs. EC–5247. A communication from the Acting man of the Federal Energy Regulatory Com- EC–5238. A communication from the Chief Under Secretary of Defense (Personnel and mission, transmitting, pursuant to law, a re- Acquisition Officer, Office of Acquisition Readiness), transmitting the report of an of- port relative to the progress made in licens- Policy, General Services Administration, ficer authorized to wear the insignia of the ing and constructing the Alaska Natural Gas transmitting, pursuant to law, the report of grade of brigadier general in accordance with Pipeline; to the Committee on Energy and a rule entitled ‘‘Federal Acquisition Regula- title 10, United States Code, section 777; to Natural Resources. tion; Federal Acquisition Circular 2005–57, the Committee on Armed Services. EC–5229. A communication from the Assist- Introduction’’ (FAC 2005–57) received in the EC–5248. A communication from the Senior ant General Counsel for Legislation, Regula- Office of the President of the Senate on Program Analyst, Federal Aviation Adminis- tion and Energy Efficiency, Department of March 5, 2012; to the Committee on Home- tration, Department of Transportation, Energy, transmitting, pursuant to law, the land Security and Governmental Affairs. transmitting, pursuant to law, the report of report of a rule entitled ‘‘Weatherization As- EC–5239. A communication from the Chief a rule entitled ‘‘Revision of Compulsory Re- sistance for Low-Income Persons: Maintain- Acquisition Officer, Office of Acquisition porting Points; Alaska’’ ((RIN2120–AA66) ing the Privacy of Applicants for and Recipi- Policy, General Services Administration, (Docket No. FAA–2010–1398)) received during ents of Services’’ (RIN1904–AC16) received in transmitting, pursuant to law, the report of adjournment of the Senate in the Office of the Office of the President of the Senate on a rule entitled ‘‘Federal Acquisition Regula- the President of the Senate on February 21, February 29, 2012; to the Committee on En- tion; FAR Case 2012–004, United States-Korea 2012; to the Committee on Commerce, ergy and Natural Resources. Free Trade Agreement’’ (FAC 2005–57) re- Science, and Transportation. EC–5230. A communication from the Sec- ceived in the Office of the President of the EC–5249. A communication from the Senior retary of the Interior, transmitting, pursu- Senate on March 5, 2012; to the Committee Program Analyst, Federal Aviation Adminis- ant to law, a report relative to the North on Homeland Security and Governmental Af- tration, Department of Transportation, Slope Science Initiative; to the Committee fairs. transmitting, pursuant to law, the report of on Energy and Natural Resources. EC–5240. A communication from the Chief a rule entitled ‘‘Amendment of Restricted EC–5231. A communication from the Direc- Acquisition Officer, Office of Acquisition Areas R–3704A and R–3704B; Fort Knox, KY’’ tor of Congressional Affairs, Nuclear Regu- Policy, General Services Administration, ((RIN2120–AA66) (Docket No. FAA–2011–1274)) latory Commission, transmitting, pursuant transmitting, pursuant to law, the report of received during adjournment of the Senate to law, the report of a rule entitled ‘‘Re- a rule entitled ‘‘Federal Acquisition Regula- in the Office of the President of the Senate moval of Oman from the Restricted Destina- tion; FAR Case 2005–57, Small Entity Compli- on February 21, 2012; to the Committee on tions List’’ ((RIN3150–AJ06) (NRC–2011–0264)) ance Guide’’ (FAC 2005–57) received in the Of- Commerce, Science, and Transportation. received in the Office of the President of the fice of the President of the Senate on March EC–5250. A communication from the Senior Senate on February 29, 2012; to the Com- 5, 2012; to the Committee on Homeland Secu- Program Analyst, Federal Aviation Adminis- mittee on Environment and Public Works. rity and Governmental Affairs. tration, Department of Transportation, EC–5232. A communication from the Direc- EC–5241. A communication from the Chair- transmitting, pursuant to law, the report of tor of the Regulatory Management Division, man of the Council of the District of Colum- a rule entitled ‘‘Amendment of Class C Air- Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report space; Springfield, MO; Lincoln, NE; Grand ting, pursuant to law, the report of a rule en- on D.C. Act 19–318 ‘‘Board of Ethics and Gov- Rapids, MI’’ ((RIN2120–AA66) (Docket No. titled ‘‘Regulation of Fuels and Fuel Addi- ernment Accountability Establishment and FAA–2011–1406)) received during adjournment tives: Identification of Additional Qualifying Comprehensive Ethics Reform Amendment of the Senate in the Office of the President Renewable Fuel Pathways Under the Renew- Act of 2011’’; to the Committee on Homeland of the Senate on February 21, 2012; to the able Fuel Standard Program’’ (FRL No. 9642– Security and Governmental Affairs. Committee on Commerce, Science, and 3) received in the Office of the President of EC–5242. A communication from the Chair- Transportation. the Senate on March 5, 2012; to the Com- man of the Council of the District of Colum- EC–5251. A communication from the Senior mittee on Environment and Public Works. bia, transmitting, pursuant to law, a report Program Analyst, Federal Aviation Adminis- EC–5233. A communication from the United on D.C. Act 19–313 ‘‘Streetscape Reconstruc- tration, Department of Transportation, States Trade Representative, Executive Of- tion Temporary Act of 2012’’; to the Com- transmitting, pursuant to law, the report of fice of the President, transmitting, pursuant mittee on Homeland Security and Govern- a rule entitled ‘‘Amendment of Class D Air- to law, the 2012 Trade Policy Agenda and 2011 mental Affairs. space; Altus AFB, OK’’ ((RIN2120–AA66) Annual Report of the President of the United EC–5243. A communication from the Sec- (Docket No. FAA–2011–0630)) received during States on the Trade Agreements Program; to retary of Health and Human Services, trans- adjournment of the Senate in the Office of the Committee on Finance. mitting, pursuant to law, a report entitled the President of the Senate on February 21, EC–5234. A communication from the Chief ‘‘Fiscal Year 2010 Report to Congress on 2012; to the Committee on Commerce, of the Publications and Regulations Branch, Funding Needs For Contract Support Cost of Science, and Transportation. Internal Revenue Service, Department of the Self-Determination Awards’’; to the Com- EC–5252. A communication from the Senior Treasury, transmitting, pursuant to law, the mittee on Indian Affairs. Program Analyst, Federal Aviation Adminis- report of a rule entitled ‘‘Annual Price Infla- EC–5244. A communication from the Dep- tration, Department of Transportation, tion Adjustments for Passenger Automobiles uty Assistant Administrator, Office of Diver- transmitting, pursuant to law, the report of First Placed in Service or Leased in 2012’’ sion Control, Drug Enforcement Agency, De- a rule entitled ‘‘Amendment of Class D Air- (Rev. Proc. 2012–23) received in the Office of partment of Justice, transmitting, pursuant space; Jackson, MI’’ ((RIN2120–AA66) (Docket the President of the Senate on March 5, 2012; to law, the report of a rule entitled ‘‘Sched- No. FAA–2011–1143)) received during adjourn- to the Committee on Finance. ules of Controlled Substances; Extension of ment of the Senate in the Office of the Presi- EC–5235. A communication from the Sec- Temporary Placement of Five Synthetic dent of the Senate on February 21, 2012; to retary of Education, transmitting, pursuant Cannabinoids Into Schedule I of the Con- the Committee on Commerce, Science, and to law, the Annual Performance Report of trolled Substances Act’’ (Docket No. DEA– Transportation. the Department of Education for fiscal year 345) received in the Office of the President of EC–5253. A communication from the Senior 2011; to the Committee on Health, Education, the Senate on February 29, 2012; to the Com- Program Analyst, Federal Aviation Adminis- Labor, and Pensions. mittee on the Judiciary. tration, Department of Transportation, EC–5236. A communication from the Assist- EC–5245. A communication from the Direc- transmitting, pursuant to law, the report of ant General Counsel for Regulatory Services, tor of the Regulation Policy and Manage- a rule entitled ‘‘Amendment of Class D Air- Office of Special Education and Rehabilita- ment Office of the General Counsel, Veterans space; Saginaw, MI’’ ((RIN2120–AA66) (Dock- tive Services, Department of Education, Health Administration, Department of Vet- et No. FAA–2011–1144)) received during ad- transmitting, pursuant to law, the report of erans Affairs, transmitting, pursuant to law, journment of the Senate in the Office of the

VerDate Mar 15 2010 04:04 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.011 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1459 President of the Senate on February 21, 2012; POM–66. A concurrent resolution adopted and second times by unanimous con- to the Committee on Commerce, Science, by the Senate of the State of North Dakota sent, and referred as indicated: and Transportation. respectfully applies for an amendments con- By Mr. CONRAD (for himself, Mr. EC–5254. A communication from the Senior vention to the Constitution of the United WICKER, Ms. KLOBUCHAR, Mr. JOHN- Program Analyst, Federal Aviation Adminis- States to be called for the purpose of pro- SON of South Dakota, Mr. COCHRAN, tration, Department of Transportation, posing an amendment that provides that an Mr. INHOFE, Ms. LANDRIEU, Mr. transmitting, pursuant to law, the report of increase in the federal debt requires approval TESTER, Mr. CRAPO, Mr. RISCH, Mr. a rule entitled ‘‘Establishment of Class E from a majority of the legislatures of the MORAN, Mr. UDALL of New Mexico, Airspace; Iverness, FL’’ ((RIN2120–AA66) separate states; to the Committee on the Ju- and Mr. BAUCUS): (Docket No. FAA–2011–0540)) received during diciary. S. 2166. A bill to amend the Safe Drinking adjournment of the Senate in the Office of SENATE CONCURRENT RESOLUTION NO. 4007 Water Act to reauthorize technical assist- the President of the Senate on February 21, A concurrent resolution providing for the ance to small public water systems, and for 2012; to the Committee on Commerce, application for an amendments convention other purposes; to the Committee on Envi- Science, and Transportation. ronment and Public Works. EC–5255. A communication from the Senior to the Constitution of the United States to be called for the purpose of proposing an By Mr. MERKLEY: Program Analyst, Federal Aviation Adminis- S. 2167. A bill to increase the employment tration, Department of Transportation, amendment that provides that an increase in the federal debt requires approval from a of Americans by requiring State workforce transmitting, pursuant to law, the report of agencies to certify that employers are ac- a rule entitled ‘‘Amendment of Class E Air- majority of the legislatures of the separate states. tively recruiting Americans and that Ameri- space; Rugby, ND’’ ((RIN2120–AA66) (Docket cans are not qualified or available to fill the No. FAA–2011–0433)) received during adjourn- WHEREAS, Article V of the Constitution of the United States provides authority for a positions that the employer wants to fill ment of the Senate in the Office of the Presi- with H–2B nonimmigrants; to the Committee dent of the Senate on February 21, 2012; to convention to be called by the Congress of the United States for the purpose of pro- on the Judiciary. the Committee on Commerce, Science, and By Mr. BLUMENTHAL (for himself, Transportation. posing amendments to the Constitution of the United States upon application of two- Mr. DURBIN, and Mr. HARKIN): EC–5256. A communication from the Senior S. 2168. A bill to amend the National Labor thirds of the legislatures of the several Program Analyst, Federal Aviation Adminis- Relations Act to modify the definition of su- states—an amendments convention; and tration, Department of Transportation, pervisor; to the Committee on Health, Edu- WHEREAS, the North Dakota Legislative transmitting, pursuant to law, the report of cation, Labor, and Pensions. Assembly favors the proposal and ratifica- a rule entitled ‘‘Amendment of Class E Air- By Mr. MCCONNELL (for himself and tion of an amendment to the Constitution of space; Portsmouth, OH’’ ((RIN2120–AA66) Mr. PAUL): (Docket No. FAA–2011–0850)) received during the United States that provides that an in- S. 2169. A bill to require the Director of the adjournment of the Senate in the Office of crease in the federal debt requires approval Bureau of Prisons to be appointed by and the President of the Senate on February 21, from a majority of the legislatures of the with the advice and consent of the Senate; to 2012; to the Committee on Commerce, separate states; Now, therefore, be it the Committee on the Judiciary. Resolved by the Senate of North Dakota, the Science, and Transportation. By Mr. AKAKA (for himself, Mr. LIE- House of Representatives Concurring Therein: EC–5257. A communication from the Senior BERMAN, Mr. LEVIN, and Mr. LEE): Program Analyst, Federal Aviation Adminis- That the Sixty-second Legislative Assembly S. 2170. A bill to amend the provisions of tration, Department of Transportation, of the state of North Dakota respectfully ap- title 5, United States Code, which are com- transmitting, pursuant to law, the report of plies for an amendments convention to the monly referred to as the ‘‘Hatch Act’’ to a rule entitled ‘‘Amendment of Class E Air- Constitution of the United States to be eliminate the provision preventing certain space; Greenfield, IA’’ ((RIN2120–AA66) called for the purpose of proposing an State and local employees from seeking elec- (Docket No. FAA–2011–0846)) received during amendment that provides that an increase in tive office, clarify the application of certain adjournment of the Senate in the Office of the federal debt requires approval from a provisions to the District of Columbia, and the President of the Senate on February 21, majority of the legislatures of the separate modify the penalties which may be imposed 2012; to the Committee on Commerce, states; and be it further for certain violations under subchapter III of Science, and Transportation. Resolved, that the amendments convention chapter 73 of that title; to the Committee on EC–5258. A communication from the Senior contemplated by this application must be fo- Homeland Security and Governmental Af- Program Analyst, Federal Aviation Adminis- cused entirely upon and exclusively limited fairs. tration, Department of Transportation, to the subject matter of proposing for ratifi- By Mr. PRYOR (for himself and Mr. transmitting, pursuant to law, the report of cation an amendment to the Constitution of BLUNT): a rule entitled ‘‘Amendment of Class E Air- the United States providing that an increase S. 2171. A bill to enhance the promotion of space; Galbraith Lake, AK’’ ((RIN2120–AA66) in the federal debt requires approval from a exports of United States goods and services, (Docket No. FAA–2011–0865)) received during majority of the legislatures of the separate and for other purposes; to the Committee on adjournment of the Senate in the Office of states; and be it further Banking, Housing, and Urban Affairs. the President of the Senate on February 21, Resolved, that this application constitutes By Ms. SNOWE (for herself, Mrs. GILLI- 2012; to the Committee on Commerce, a continuing application in accordance with BRAND, Ms. LANDRIEU, Mr. BENNET, Science, and Transportation. Article V of the Constitution of the United Mrs. SHAHEEN, Ms. MIKULSKI, and Ms. EC–5259. A communication from the Senior States until at least two-thirds of the legis- MURKOWSKI): Program Analyst, Federal Aviation Adminis- latures of the several states have made appli- S. 2172. A bill to remove the limit on the tration, Department of Transportation, cation for an equivalently limited amend- anticipated award price for contracts award- transmitting, pursuant to law, the report of ments convention; and be it further ed under the procurement program for a rule entitled ‘‘Amendment of Class E Air- Resolved, that the Secretary of State for- women-owned small business concerns, and space; Rockingham, NC’’ ((RIN2120–AA66) ward copies of this resolution to the Presi- for other purposes; to the Committee on (Docket No. FAA–2011–1146)) received during dent of the United States Senate, to the Small Business and Entrepreneurship. adjournment of the Senate in the Office of Speaker of the United States House of Rep- By Mr. DEMINT (for himself, Mr. the President of the Senate on February 21, resentatives, to each member of the North COBURN, Mr. HATCH, Mr. LEE, Mr. 2012; to the Committee on Commerce, Dakota Congressional Delegation, and to the PAUL, Mr. TOOMEY, Mr. VITTER, and Science, and Transportation. presiding officers of each house of the sev- Mr. RISCH): EC–5260. A communication from the Senior eral state legislatures, requesting their co- S. 2173. A bill to preserve and protect the Program Analyst, Federal Aviation Adminis- operation in applying for the amendments free choice of individual employees to form, tration, Department of Transportation, convention limited to the subject matter join, or assist labor organizations, or to re- transmitting, pursuant to law, the report of contemplated by this application. frain from such activities; read the first a rule entitled ‘‘Amendment of Class E Air- time. space; Kwigillingok, AK’’ ((RIN2120–AA66) POM–67. A resolution adopted by the Leg- f (Docket No. FAA–2011–0881)) received during islature of Rockland County, New York, re- adjournment of the Senate in the Office of questing that the United States Congress SUBMISSION OF CONCURRENT AND the President of the Senate on February 21, pass bill H.R. 1084 and S. 587—The Fracturing SENATE RESOLUTIONS 2012; to the Committee on Commerce, Responsibility and Awareness of Chemicals The following concurrent resolutions Science, and Transportation. (FRAC) Act; to the Committee on Environ- and Senate resolutions were read, and ment and Public Works. f referred (or acted upon), as indicated: PETITIONS AND MEMORIALS f By Mr. LAUTENBERG (for himself, The following petitions and memo- INTRODUCTION OF BILLS AND Mr. MENENDEZ, Mr. CARDIN, Mr. JOINT RESOLUTIONS LEVIN, and Mr. COONS): rials were laid before the Senate and S. Res. 390. A resolution honoring the life were referred or ordered to lie on the The following bills and joint resolu- and legacy of the Honorable Donald M. table as indicated: tions were introduced, read the first Payne; considered and agreed to.

VerDate Mar 15 2010 04:04 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.013 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1460 CONGRESSIONAL RECORD — SENATE March 7, 2012 ADDITIONAL COSPONSORS HUTCHISON) was added as a cosponsor of Dakota (Mr. THUNE) and the Senator S. 1002 S. 1935, a bill to require the Secretary from South Dakota (Mr. JOHNSON) were At the request of Mr. SCHUMER, the of the Treasury to mint coins in rec- added as cosponsors of S. 2150, a bill to name of the Senator from Oklahoma ognition and celebration of the 75th an- amend title XVI of the Social Security (Mr. COBURN) was added as a cosponsor niversary of the establishment of the Act to clarify that the value of certain of S. 1002, a bill to prohibit theft of March of Dimes Foundation. funeral and burial arrangements are medical products, and for other pur- S. 1970 not to be considered available re- poses. At the request of Mr. MERKLEY, the sources under the supplemental secu- S. 1301 name of the Senator from New York rity income program. At the request of Mr. LEAHY, the (Mrs. GILLIBRAND) was added as a co- S. RES. 380 names of the Senator from Washington sponsor of S. 1970, a bill to amend the At the request of Mr. GRAHAM, the (Ms. CANTWELL) and the Senator from securities laws to provide for registra- names of the Senator from South Caro- New Jersey (Mr. MENENDEZ) were added tion exemptions for certain lina (Mr. DEMINT), the Senator from as cosponsors of S. 1301, a bill to au- crowdfunded securities, and for other Kentucky (Mr. MCCONNELL) and the thorize appropriations for fiscal years purposes. Senator from Mississippi (Mr. COCH- 2012 through 2015 for the Trafficking S. 2090 RAN) were added as cosponsors of S. Victims Protection Act of 2000, to en- Res. 380, a resolution to express the At the request of Mr. AKAKA, the hance measures to combat trafficking name of the Senator from Arizona (Mr. sense of the Senate regarding the im- in persons, and for other purposes. portance of preventing the Government KYL) was added as a cosponsor of S. S. 1425 2090, a bill to amend the Indian Law of Iran from acquiring nuclear weapons At the request of Mr. DEMINT, the Enforcement Reform Act to extend the capability. name of the Senator from North Caro- period of time provided to the Indian S. RES. 385 lina (Mr. BURR) was added as a cospon- Law and Order Commission to produce At the request of Mr. VITTER, the sor of S. 1425, a bill to amend the Na- a required report, and for other pur- names of the Senator from New Jersey tional Labor Relations Act to ensure poses. (Mr. MENENDEZ), the Senator from fairness in election procedures with re- North Carolina (Mr. BURR) and the S. 2112 spect to collective bargaining rep- Senator from Arkansas (Mr. BOOZMAN) At the request of Mr. BEGICH, the resentatives. were added as cosponsors of S. Res. 385, name of the Senator from New Jersey S. 1440 a resolution condemning the Govern- (Mr. MENENDEZ) was added as a cospon- At the request of Mr. ALEXANDER, the ment of Iran for its continued persecu- sor of S. 2112, a bill to amend title 10, name of the Senator from Texas (Mrs. tion, imprisonment, and sentencing of United States Code, to authorize space- HUTCHISON) was added as a cosponsor of Youcef Nadarkhani on the charge of available travel on military aircraft S. 1440, a bill to reduce preterm labor apostasy. for members of the reserve compo- and delivery and the risk of pregnancy- S. RES. 386 related deaths and complications due nents, a member or former member of At the request of Mr. BLUMENTHAL, a reserve component who is eligible for to pregnancy, and to reduce infant the name of the Senator from Michigan mortality caused by prematurity. retired pay but for age, widows and (Mr. LEVIN) was added as a cosponsor of widowers of retired members, and de- S. 1544 S. Res. 386, a resolution calling for free pendents. At the request of Mr. TESTER, the and fair elections in Iran, and for other name of the Senator from North Caro- S. 2125 purposes. lina (Mrs. HAGAN) was added as a co- At the request of Mr. WYDEN, the AMENDMENT NO. 1739 sponsor of S. 1544, a bill to amend the name of the Senator from Maryland Securities Act of 1933 to require the Se- At the request of Mrs. MURRAY, the (Mr. CARDIN) was added as a cosponsor names of the Senator from Minnesota curities and Exchange Commission to of S. 2125, a bill to amend title XVIII of (Ms. KLOBUCHAR) and the Senator from exempt a certain class of securities the Social Security Act to modify the from such Act. Colorado (Mr. UDALL) were added as co- designation of accreditation organiza- sponsors of amendment No. 1739 in- S. 1591 tions for orthotics and prosthetics, to tended to be proposed to S. 1813, a bill At the request of Mrs. GILLIBRAND, apply accreditation and licensure re- the name of the Senator from Wyoming to reauthorize Federal-aid highway and quirements to suppliers of such devices highway safety construction programs, (Mr. ENZI) was added as a cosponsor of and items for purposes of payment and for other purposes. S. 1591, a bill to award a Congressional under the Medicare program, and to AMENDMENT NO. 1769 Gold Medal to Raoul Wallenberg, in modify the payment rules for such de- At the request of Mr. DEMINT, the recognition of his achievements and vices and items under such program to name of the Senator from South Caro- heroic actions during the Holocaust. account for practitioner qualifications lina (Mr. GRAHAM) was added as a co- S. 1598 and complexity of care. ANCHIN sponsor of amendment No. 1769 in- At the request of Mr. M , his S. 2128 name was added as a cosponsor of S. tended to be proposed to S. 1813, a bill At the request of Mr. TESTER, the 1598, a bill to amend the Commodity to reauthorize Federal-aid highway and name of the Senator from Vermont Exchange Act to prevent excessive highway safety construction programs, (Mr. SANDERS) was added as a cospon- speculation in commodity markets and and for other purposes. sor of S. 2128, a bill to amend the Bal- excessive speculative position limits on AMENDMENT NO. 1789 anced Budget and Emergency Deficit energy contracts, and for other pur- At the request of Mr. DEMINT, the Control Act of 1985 to clarify that all poses. name of the Senator from South Caro- veterans programs are exempt from se- S. 1770 lina (Mr. GRAHAM) was added as a co- questration, and for other purposes. At the request of Mrs. GILLIBRAND, sponsor of amendment No. 1789 in- the name of the Senator from New Jer- S. 2142 tended to be proposed to S. 1813, a bill sey (Mr. MENENDEZ) was added as a co- At the request of Mr. CASEY, the to reauthorize Federal-aid highway and sponsor of S. 1770, a bill to prohibit dis- name of the Senator from Iowa (Mr. highway safety construction programs, crimination in adoption or foster case HARKIN) was added as a cosponsor of S. and for other purposes. placements based on the sexual ori- 2142, a bill to permit employees to re- AMENDMENT NO. 1804 entation, gender identity, or marital quest, and to ensure employers con- At the request of Mr. HARKIN, the status of any prospective adoptive or sider requests for, flexible work terms name of the Senator from Minnesota foster parent, or the sexual orientation and conditions, and for other purposes. (Mr. FRANKEN) was added as a cospon- or gender identity of the child in- S. 2150 sor of amendment No. 1804 intended to volved. At the request of Ms. SNOWE, the be proposed to S. 1813, a bill to reau- S. 1935 names of the Senator from Idaho (Mr. thorize Federal-aid highway and high- At the request of Mrs. HAGAN, the CRAPO), the Senator from Nebraska way safety construction programs, and name of the Senator from Texas (Mrs. (Mr. JOHANNS), the Senator from South for other purposes.

VerDate Mar 15 2010 04:04 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.015 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1461 STATEMENTS ON INTRODUCED lowing: ‘‘who shall be appointed by the the Hatch Act. First, it would grant BILLS AND JOINT RESOLUTIONS President by and with the advice and con- State and local employees the freedom sent of the Senate. The Director shall serve By Mr. MCCONNELL (for himself to run for partisan elective office. directly under the Attorney General.’’. Under current law, state and local em- and Mr. PAUL): (b) INCUMBENT.—Notwithstanding the S. 2169. A bill to require the Director amendment made by subsection (a), the indi- ployees are permitted to run for non- of the Bureau of Prisons to be ap- vidual serving as the Director of the Bureau partisan elective office, but are prohib- pointed by and with the advice and of Prisons on the date of enactment of this ited from running for partisan elective consent of the Senate; to the Com- Act may serve as the Director of the Bureau office. This can lead to confusing and mittee on the Judiciary. of Prisons until the date that is 3 months inconsistent rules in different loca- after the date of enactment of this Act. Mr. MCCONNELL. Mr. President, I tions, depending on whether a par- (c) RULE OF CONSTRUCTION.—Nothing in ask unanimous consent that the text of ticular elective office is categorized as this Act shall be construed to limit the abil- partisan or non-partisan. This change the bill be printed in the RECORD. ity of the President to appoint the individual There being no objection, the text of serving as the Director of the Bureau of Pris- will also save the government money, the bill was ordered to be printed in ons on the date of enactment of this Act to as the Office of Special Counsel would the RECORD as follows: the position of the Director of the Bureau of not be required to spend valuable time S. 2169 Prisons in accordance with section 4041 of and resources investigating the hun- title 18, United States Code, as amended by dreds of complaints it receives each Be it enacted by the Senate and House of Rep- subsection (a). resentatives of the United States of America in year on this issue. Congress assembled, The legislation would also modify the By Mr. AKAKA (for himself, Mr. Hatch Act’s draconian penalty provi- SECTION 1. SHORT TITLE. LIEBERMAN, Mr. LEVIN, and Mr. This Act may be cited as the ‘‘Federal sions. The Hatch Act currently pro- LEE): Prisons Accountability Act of 2012’’. vides for a presumed penalty of termi- S. 2170. A bill to amend the provi- nation for any violation of the law, re- SEC. 2. FINDINGS. sions of title 5, United States Code, Congress finds the following: gardless of its severity. Under the law, (1) The Director of the Bureau of Prisons which are commonly referred to as the it is possible that a federal employee leads a law enforcement component of the ‘‘Hatch Act’’ to eliminate the provision could lose his or her job for inadvert- Department of Justice with a budget that ex- preventing certain State and local em- ently sending an email at work con- ceeds $6,500,000,000 for fiscal year 2012. ployees from seeking elective office, taining improper political content or (2) With the exception of the Federal Bu- clarify the application of certain provi- hanging a picture on his or her wall reau of Investigation, the Bureau of Prisons sions to the District of Columbia, and has the largest operating budget of any unit during a campaign season. My bill modify the penalties which may be im- would amend these provisions of the within the Department of Justice. posed for certain violations under sub- (3) The Director of the Bureau of Prisons Hatch Act to allow the Merit Systems oversees and is responsible for the welfare of chapter III of chapter 73 of that title; Protection Board, which adjudicates more than 216,000 Federal inmates in 117 fa- to the Committee on Homeland Secu- Hatch Act complaints in the federal cilities. rity and Governmental Affairs. government, to impose a range of pen- (4) The Director of the Bureau of Prisons Mr. AKAKA. Mr. President, I rise alties, from termination to a rep- supervises more than 37,000 employees, many today to introduce the Hatch Act Mod- rimand, depending on the nature of the of whom operate in hazardous environments ernization Act of 2012. I am pleased offense involved. that involve regular interaction with violent that Senators LIEBERMAN, LEVIN, and offenders. Finally, the legislation would ensure LEE have joined as cosponors. (5) The Director of the Bureau of Prisons that employees of the District of Co- also serves as the chief operating officer for The Hatch Act restricts political ac- lumbia are subject to the same restric- Federal Prisons Industries, a wholly owned tivity of Federal employees, District of tions on political activity that cur- government enterprise of 98 prison factories Columbia employees, and certain other rently apply to all other state and that directly competes against the private state and local employees. Originally local employees. Under present law, sector, including small businesses, for Gov- enacted in 1939, the Hatch Act has not District of Columbia employees are ernment contracts. been amended since 1993. (6) Within the Department of Justice, in subject to the Hatch Act provisions The Hatch Act plays two very impor- that apply to federal employees, rather addition to those officials who oversee liti- tant roles. First, it ensures that the gating components, the Director of the Bu- than those that apply to employees of reau of Alcohol, Tobacco, Firearms, and Ex- government works for American citi- States and localities. plosives, the Director of the Bureau of Jus- zens regardless of the political party I urge my colleagues to support this tice Assistance, the Director of the Bureau controlling the White House or Con- important legislation. of Justice Statistics, the Director of the gress. Second, the Hatch Act protects Mr. President, I ask unanimous con- Community Relations Service, the Director Federal employees in the workplace. sent that the text of the bill be printed of the Federal Bureau of Investigation, the Specifically, the Hatch Act restricts in the RECORD. Director of the National Institute of Justice, Federal employees’ partisan political There being no objection, the text of the Director of the Office for Victims of action in order to protect them for Crime, the Director of the Office on Violence the bill was ordered to be printed in Against Women, the Administrator of the being coerced to participate in polit- the RECORD, as follows: Drug Enforcement Administration, the Dep- ical activities in the workplace. This is S. 2170 uty Administrator of the Drug Enforcement essential to the merit-based system Be it enacted by the Senate and House of Rep- Administration, the Administrator of the Of- that currently exists. resentatives of the United States of America in fice of Juvenile Justice and Delinquency In 2007, I chaired a hearing of the Congress assembled, Prevention, the Director of the United Senate Subcommittee of Oversight of SECTION 1. SHORT TITLE. States Marshals Service, 94 United States Government Management, the Federal This Act may be cited as the ‘‘Hatch Act Marshals, the Inspector General of the De- Workforce, and the District of Colum- Modernization Act of 2012’’. partment of Justice, and the Special Counsel SEC. 2. PERMITTING STATE AND LOCAL EMPLOY- for Immigration Related Unfair Employment bia, which examined whether enhance- ments or clarifications to the Hatch EES TO BE CANDIDATES FOR ELEC- Practices, are all appointed by the President TIVE OFFICE. Act were necessary. Since that time, I by and with the advice and consent of the (a) IN GENERAL.—Section 1502(a) of title 5, Senate. have considered what changes to the United States Code, is amended— (7) Despite the significant budget of the law would be appropriate, while being (1) in paragraph (1), by adding ‘‘or’’ after Bureau of Prisons and the vast number of mindful that the Hatch Act represents the semicolon; people under the responsibility of the Direc- a careful balance intended to shield (2) in paragraph (2), by striking ‘‘purposes; tor of the Bureau of Prisons, the Director is employees from pressure to use federal or’’ and inserting ‘‘purposes.’’; and not appointed by and with the advice and (3) by striking paragraph (3). consent of the Senate. time and money for partisan gain, while also protecting employees’ per- (b) TECHNICAL AND CONFORMING AMEND- SEC. 3. DIRECTOR OF THE BUREAU OF PRISONS. MENTS.— (a) IN GENERAL.—Section 4041 of title 18, sonal freedoms of choice and expres- (1) REFERENCE TO STATE AND LOCAL OFFI- United States Code, is amended by striking sion. CIALS.—Section 1502 of title 5, United States ‘‘appointed by and serving directly under the The legislation I am introducing Code, is amended by striking subsection (c). Attorney General.’’ and inserting the fol- today makes common sense changes to (2) NONPARTISAN CANDIDACIES.—

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.017 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1462 CONGRESSIONAL RECORD — SENATE March 7, 2012 (A) IN GENERAL.—Section 1503 of title 5, S. 2172. A bill to remove the limit on SEC. 2. PROCUREMENT PROGRAM FOR WOMEN- United States Code, is repealed. the anticipated award price for con- OWNED SMALL BUSINESS CON- (B) TABLE OF SECTIONS.—The table of sec- CERNS. tracts awarded under the procurement Section 8(m) of the Small Business Act (15 tions for chapter 15 of title 5, United States program for women-owned small busi- Code, is amended by striking the item relat- U.S.C. 637(m)) is amended— ing to section 1503. ness concerns, and for other purposes; (1) in paragraph (2)— (A) in subparagraph (A), by striking ‘‘who SEC. 3. APPLICABILITY OF PROVISIONS RELAT- to the Committee on Small Business ING TO STATE AND LOCAL EMPLOY- and Entrepreneurship. are economically disadvantaged’’; EES. Ms. SNOWE. Mr. President, I rise (B) in subparagraph (C), by striking ‘‘para- graph (3)’’ and inserting ‘‘paragraph (4)’’; (a) STATE OR LOCAL AGENCY.—Section today, at the onset of Women’s History 1501(2) of title 5, United States Code, is (C) by striking subparagraph (D); and amended by inserting ‘‘, or the District of Month, along with my colleagues Sen- (D) by redesignating subparagraphs (E) and Columbia, or an agency or department there- ators GILLIBRAND, LANDRIEU, BENNET, (F) as subparagraphs (D) and (E), respec- of’’ before the semicolon. SHAHEEN, MIKULSKI, and MURKOWSKI to tively; and (b) STATE OR LOCAL OFFICER OR EM- introduce the Fairness in Women- (2) by adding at the end the following: PLOYEE.—Section 1501(4) of title 5, United Owned Small Business Contracting ‘‘(7) SOLE SOURCE CONTRACTS.—A con- States Code, is amended by striking subpara- Act. The purpose of the bill is to re- tracting officer may award a sole source con- graph (B) and inserting the following: move inequities that exist in the tract under this subsection to a small busi- ‘‘(B) an individual employed by an edu- ness concern owned and controlled by women cational or research institution, establish- women-owned small business con- under the same conditions as a sole source ment, agency, or system which is supported tracting program, when compared to contract may be awarded to a qualified in whole or in part by— other socio-economic programs. HUBZone small business concern under sec- ‘‘(i) a State or political subdivision there- As former Chair and now Ranking tion 31(b)(2)(A).’’. of; Member of the Senate Committee on SEC. 3. STUDY AND REPORT ON REPRESENTA- ‘‘(ii) the District of Columbia; or Small Business and Entrepreneurship, I TION OF WOMEN. Section 29 of the Small Business Act (15 ‘‘(iii) a recognized religious, philanthropic, have long championed women entrepre- or cultural organization.’’. U.S.C. 656) is amended by adding at the end (c) MERIT SYSTEMS PROTECTION BOARD OR- neurship and have urged both past and the following: DERS.—Section 1506(a)(2) of title 5, United present Administrations to implement ‘‘(o) STUDY AND REPORT ON REPRESENTA- States Code, is amended by inserting ‘‘(or in the woman-owned small business, TION OF WOMEN.— the case of the District of Columbia, in the WOSB, Federal contracting program, ‘‘(1) STUDY.—The Administrator shall peri- District of Columbia)’’ after ‘‘the same which was enacted into law 10 years odically conduct a study to identify any State’’. ago. On March 4, 2010, the Small Busi- United States industry, as defined under the (d) PROVISIONS RELATING TO FEDERAL EM- ness Administration, SBA, finally pro- North American Industry Classification Sys- PLOYEES MADE INAPPLICABLE.—Section tem, in which women are underrepresented. 7322(1) of title 5, United States Code, is posed a workable rule to implement ‘‘(2) REPORT.—Not later than 5 years after amended— the women’s procurement program. I the date of enactment of this subsection, and (1) in subparagraph (A), by adding ‘‘or’’ at am pleased to report that today there every 5 years thereafter, the Administrator the end; is a functional WOSB contracting pro- shall submit to the Committee on Small (2) in subparagraph (B), by striking ‘‘or’’ at gram, however, the program lacks the Business and Entrepreneurship of the Senate the end; critical elements that the SBA’s 8(a), and the Committee on Small Business of the (3) by striking subparagraph (C); and historically underutilized business House of Representatives a report on the re- (4) by striking ‘‘services;’’ and inserting zones, and the service-disabled veteran- sults of each study under paragraph (1) con- ‘‘services or an individual employed or hold- ducted during the 5-year period ending on ing office in the government of the District owned government contracting pro- the date of the report.’’. grams include. of Columbia;’’. f SEC. 4. HATCH ACT PENALTIES FOR FEDERAL To remedy this, our bipartisan bill EMPLOYEES. will help provide tools women need to SUBMITTED RESOLUTIONS Chapter 73 of title 5, United States Code, is compete fairly in the Federal con- amended by striking section 7326 and insert- ing the following: tracting arena by allowing for receipt SENATE RESOLUTION 390—HON- of non-competitive contracts, when cir- ‘‘§ 7326. Penalties ORING THE LIFE AND LEGACY cumstances allow. Moreover, the legis- ‘‘An employee or individual who violates OF THE HONORABLE DONALD M. section 7323 or 7324 shall be subject to re- lation would eliminate a restriction on PAYNE the dollar amount of a contract that a moval, reduction in grade, debarment from Mr. LAUTENBERG (for himself, Mr. Federal employment for a period not to ex- WOSB can compete for, thus putting ceed 5 years, suspension, reprimand, or an them on a level playing field with the MENENDEZ, Mr. CARDIN, Mr. LEVIN, and assessment of a civil penalty not to exceed other socio-economic contracting pro- Mr. COONS) submitted the following $1,000.’’. grams. resolution; which was considered and agreed to: SEC. 5. EFFECTIVE DATE. Women-owned small businesses have (a) IN GENERAL.—This Act and the amend- S. RES. 390 ments made by this Act shall take effect 30 yet to receive their fair share of the Federal marketplace. In fact, our gov- Whereas the Honorable Donald M. Payne days after the date of enactment of this Act. was born in Newark, New Jersey on July 16, (b) APPLICABILITY RULE.— ernment has never achieved its goal of 1934, graduated from Barringer High School (1) IN GENERAL.—Except as provided in five percent of contracts going to in Newark and Seton Hall University in paragraph (2), the amendment made by sec- WOSBs, achieving only 4.04 percent in South Orange, New Jersey, and pursued grad- tion 4 shall apply with respect to any viola- fiscal year 2010. Our bill would greatly uate studies at Springfield College in Massa- tion occurring before, on, or after the effec- assist Federal agencies in achieving chusetts; tive date of this Act. the small business goaling requirement Whereas the Honorable Donald M. Payne (2) EXCEPTION.—The amendment made by for WOSBs. was an educator in the Newark and Passaic, section 4 shall not apply with respect to an New Jersey public schools and was an execu- alleged violation if, before the effective date Mr. President, I ask unanimous con- tive at Prudential Financial and at Urban of this Act— sent that the text of the bill be printed Data Systems Inc; (A) the Special Counsel has presented a in the RECORD. Whereas the Honorable Donald M. Payne complaint for disciplinary action, under sec- became the first African American national tion 1215 of title 5, United States Code, with There being no objection, the text of the bill was ordered to be printed in president of the YMCA in 1970 and served as respect to the alleged violation; or Chairman of the World Refugee and Reha- the RECORD, as follows: (B) the employee alleged to have com- bilitation Committee of the YMCA from 1973 mitted the violation has entered into a S. 2172 to 1981; signed settlement agreement with the Spe- Be it enacted by the Senate and House of Rep- Whereas the Honorable Donald M. Payne cial Counsel with respect to the alleged vio- served 3 terms on the Essex County Board of lation. resentatives of the United States of America in Congress assembled, Chosen Freeholders and 3 terms on the New- ark Municipal Council; By Ms. SNOWE (for herself, Mrs. SECTION 1. SHORT TITLE. Whereas, in 1988, the Honorable Donald M. GILLIBRAND, Ms. LANDRIEU, Mr. This Act may be cited as the ‘‘Fairness in Payne became the first African American BENNET, Mrs. SHAHEEN, Ms. MI- Women-Owned Small Business Contracting elected to the United States House of Rep- KULSKI, and Ms. MURKOWSKI): Act of 2012’’. resentatives from the State of New Jersey;

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.018 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1463 Whereas the people of New Jersey over- bill S. 1813, supra; which was ordered to lie case is a corporation may be commenced whelmingly reelected the Honorable Donald on the table. only in the district court for the district— M. Payne 11 times, most recently in 2010, SA 1811. Mr. BINGAMAN submitted an ‘‘(1) in which the principal place of busi- when the Honorable Donald M. Payne was amendment intended to be proposed by him ness in the United States, or principal assets elected to represent the Tenth Congressional to the bill S. 1813, supra; which was ordered in the United States, of such corporation District of New Jersey for a 12th term; to lie on the table. have been located for 1 year immediately Whereas the Honorable Donald M. Payne SA 1812. Ms. STABENOW submitted an preceding such commencement, or for a was a tireless advocate for his constituents, amendment intended to be proposed by her longer portion of such 1-year period than the bringing significant economic development to the bill S. 1813, supra; which was ordered principal place of business in the United to Essex, Hudson, and Union Counties in New to lie on the table. States, or principal assets in the United Jersey; SA 1813. Mr. WYDEN submitted an amend- States, of such corporation were located in Whereas, as a senior member of the Com- ment intended to be proposed by him to the any other district; or mittee on Education and the Workforce of bill S. 1813, supra; which was ordered to lie ‘‘(2) in which there is pending a case under the House of Representatives, the Honorable on the table. chapter 11 of title 11 concerning an affiliate Donald M. Payne was a leading advocate for SA 1814. Mr. MERKLEY (for himself, Mr. of such corporation, if the affiliate in such public schools, college affordability, and TOOMEY, and Mr. BLUNT) submitted an pending case directly or indirectly owns, workplace protections; amendment intended to be proposed by him controls, or holds with power to vote more Whereas, as a senior member of the Com- to the bill S. 1813, supra; which was ordered than 50 percent of the outstanding voting se- mittee on Foreign Affairs of the House of to lie on the table. curities of such corporation.’’. Representatives, the Chairman and Ranking SA 1815. Mr. BROWN of Ohio (for himself SEC. 503. EFFECTIVE DATE; APPLICATION OF Member of the Subcommittee on Africa, and Mr. MERKLEY) submitted an amendment AMENDMENTS. Global Health, and Human Rights, and a intended to be proposed by him to the bill S. (a) EFFECTIVE DATE.—Except as provided in member of the Subcommittee on the West- 1813, supra; which was ordered to lie on the subsection (b), this title and the amend- ern Hemisphere, the Honorable Donald M. table. ments made by this title shall take effect on Payne led efforts to restore democracy and SA 1816. Mrs. BOXER submitted an amend- the date of enactment of this Act. human rights around the world, including in ment intended to be proposed to amendment (b) APPLICATION OF AMENDMENTS.—The Northern Ireland and Sudan; SA 1761 proposed by Mr. REID to the bill S. amendments made by this title shall apply Whereas the Honorable Donald M. Payne 1813, supra; which was ordered to lie on the only with respect to cases commenced under was a leader in the field of global health, co- table. title 11 of the United States Code on or after founding the Malaria Caucus, and helping to SA 1817. Mr. WYDEN submitted an amend- the date of enactment of this Act. secure passage of a bill authorizing ment intended to be proposed by him to the $50,000,000 for the prevention and treatment bill S. 1813, supra; which was ordered to lie SA 1810. Mr. CORKER submitted an of HIV/AIDS, tuberculosis, and malaria; on the table. amendment intended to be proposed by Whereas the Honorable Donald M. Payne SA 1818. Mr. LEVIN (for himself and Mr. him to the bill S. 1813, to reauthorize served as Chairman of the Congressional CONRAD) submitted an amendment intended Federal-aid highway and highway safe- Black Caucus Foundation and previously as to be proposed by him to the bill S. 1813, Chairman of the Congressional Black Cau- supra; which was ordered to lie on the table. ty construction programs, and for cus; SA 1819. Mr. BROWN of Ohio (for himself other purposes; which was ordered to Whereas, in March 2012, the United States and Mr. MERKLEY) submitted an amendment lie on the table; as follows: Agency for International Development intended to be proposed to amendment SA At the end of subtitle E of title I of divi- launched the Donald M. Payne Fellowship 1761 proposed by Mr. REID to the bill S. 1813, sion A, add the following: Program to attract outstanding young peo- supra; which was ordered to lie on the table. SEC. lll. LIMITATION ON EXPENDITURES. ple to careers in international development; SA 1820. Mr. WYDEN (for himself and Mr. Notwithstanding any other provision of Whereas the Honorable Donald M. Payne HOEVEN) submitted an amendment intended law, if the Secretary determines for any fis- served on the boards of directors of the Na- to be proposed by him to the bill S. 1813, cal year that the estimated governmental re- tional Endowment for Democracy, Trans- supra; which was ordered to lie on the table. ceipts required to carry out transportation Africa, the Discovery Channel Global Edu- SA 1821. Mr. CARDIN (for himself and Mr. programs and projects under this Act and cation Partnership, the Congressional Award BLUNT) submitted an amendment intended to amendments made by this Act (as projected Foundation, the Boys and Girls Clubs of be proposed by him to the bill S. 1813, supra; by the Secretary of the Treasury) does not Newark, the Newark Day Center, and the which was ordered to lie on the table. produce a positive balance in the Highway Newark YMCA; SA 1822. Mr. NELSON of Florida (for him- Trust Fund available for those programs and Whereas the Honorable Donald M. Payne self, Mrs. SHAHEEN, and Ms. LANDRIEU) sub- projects for the fiscal year, each amount was the recipient of numerous honors and mitted an amendment intended to be pro- made available for such a program or project awards, including honorary doctorates from posed by him to the bill S. 1813, supra; which shall be reduced by the pro rata percentage multiple universities; was ordered to lie on the table. required to reduce the aggregate amount re- Whereas the Honorable Donald M. Payne SA 1823. Mr. REID (for Mr. HARKIN (for quired to carry out those programs and passed away on March 6, 2012, and is survived himself, Mr. BURR, Mr. ENZI, Mr. CASEY, Mr. projects to an amount equal to that avail- by 3 children, 4 grandchildren, and 1 great- LIEBERMAN, and Ms. COLLINS)) proposed an able for those programs and projects in the grandchild; and amendment to the bill S. 1855, to amend the Highway Trust Fund for the fiscal year. Whereas the Honorable Donald M. Payne’s Public Health Service Act to reauthorize long history of service will have an enduring various programs under the Pandemic and SA 1811. Mr. BINGAMAN submitted impact on people in New Jersey, across the All-Hazards Preparedness Act. an amendment intended to be proposed United States, and around the world: Now, f therefore, be it by him to the bill S. 1813, to reauthor- Resolved, That the Senate— TEXT OF AMENDMENTS ize Federal-aid highway and highway (1) expresses profound sorrow at the death safety construction programs, and for SA 1809. Mr. GRASSLEY submitted of the Honorable Donald M. Payne, United other purposes; which was ordered to an amendment intended to be proposed States Representative for the Tenth Con- lie on the table; as follows: gressional District of New Jersey; by him to the bill S. 1813, to reauthor- ize Federal-aid highway and highway On page lll, between lines lll and (2) conveys the condolences of the Senate lll, insert the following: to the family of the Honorable Donald M. safety construction programs, and for SEC. ll. APPROVAL OF THE AGREEMENT BE- Payne; and other purposes; which was ordered to TWEEN THE UNITED STATES AND (3) respectfully requests that the Secretary lie on the table; as follows: THE REPUBLIC OF PALAU. of the Senate transmit a copy of this resolu- At the end, add the following: (a) DEFINITIONS.—In this section: tion to the House of Representatives and the (1) AGREEMENT.—The term ‘‘Agreement’’ TITLE V—BANKRUPTCY VENUE REFORM family of the Honorable Donald M. Payne. means the Agreement and appendices signed f SEC. 501. SHORT TITLE. by the United States and the Republic of This title may be cited as the ‘‘Chapter 11 Palau on September 3, 2010. AMENDMENTS SUBMITTED AND Bankruptcy Venue Reform Act of 2012’’. (2) COMPACT OF FREE ASSOCIATION.—The PROPOSED SEC. 502. AMENDMENTS. term ‘‘Compact of Free Association’’ means SA 1809. Mr. GRASSLEY submitted an Section 1408 of title 28, United States Code, the Compact of Free Association between the amendment intended to be proposed by him is amended— Government of the United States of America to the bill S. 1813, to reauthorize Federal-aid (1) by inserting ‘‘(a)’’ before ‘‘Except’’, and the Government of Palau (48 U.S.C. 1931 highway and highway safety construction (2) by inserting ‘‘and subsection (b) of this note; Public Law 99–658). programs, and for other purposes; which was section’’ after ‘‘this title’’, and (b) RESULTS OF COMPACT REVIEW.— ordered to lie on the table. (3) by adding at the end the following: (1) IN GENERAL.—Title I of Public Law 99– SA 1810. Mr. CORKER submitted an amend- ‘‘(b) A case under chapter 11 of title 11 in 658 (48 U.S.C. 1931 et seq.) is amended by add- ment intended to be proposed by him to the which the person that is the subject of the ing at the end the following:

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.025 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1464 CONGRESSIONAL RECORD — SENATE March 7, 2012 ‘‘SEC. 105. RESULTS OF COMPACT REVIEW. structure Maintenance Fund on a quarterly through fiscal year 2014; $6,000,000 in fiscal ‘‘(a) IN GENERAL.—The Agreement and ap- basis for fiscal year 2013, and contributions year 2015; and $5,000,000 annually in fiscal pendices signed by the United States and the of $150,000 to the Infrastructure Maintenance years 2016 and 2017; towards 1 or more mutu- Republic of Palau on September 3, 2010 (re- Fund on a quarterly basis from the begin- ally agreed infrastructure projects in accord- ferred to in this section as the ‘Agreement’), ning of fiscal year 2014 through fiscal year ance with the provisions of Appendix C to in connection with section 432 of the Com- 2024. Implementation of this subsection shall this Agreement.’’. pact of Free Association between the Gov- be carried out in accordance with the provi- (d) CONTINUING PROGRAMS AND LAWS.—Sec- ernment of the United States of America and sions of Appendix A to this Agreement.’’. tion 105(f)(1)(B)(ix) of the Compact of Free the Government of Palau (48 U.S.C. 1931 note; (2) FISCAL CONSOLIDATION FUND.—Section 3 Association Amendments Act of 2003 (48 Public Law 99–658) (referred to in this section of the Agreement shall be construed as U.S.C. 192ld(f)(1)(B)(ix)) is amended by strik- as the ‘Compact of Free Association’), are though the section reads as follows: ing ‘‘2009’’ and inserting ‘‘2024’’. approved— ‘‘SEC. 3. FISCAL CONSOLIDATION FUND. (e) PASSPORT REQUIREMENT.—Section 141 of ‘‘(1) except for the extension of Article X of ‘‘In addition to $411,000 already provided in Article IV of Title One of the Compact of the Agreement Regarding Federal Programs 2012, the Government of the United States Free Association shall be construed and ap- and Services, and Concluded Pursuant to Ar- shall provide the Government of Palau plied as if it read as follows: ticle II of Title Two and Section 232 of the $4,589,000 in fiscal year 2012 and $5,000,000 in ‘‘SEC. 141. PASSPORT REQUIREMENT. Compact of Free Association; and fiscal year 2013 for deposit in an interest ‘‘(2) subject to the provisions of this sec- ‘‘(a) Any person in the following categories bearing account to be used to reduce govern- may be admitted to, lawfully engage in occu- tion. ment payment arrears of Palau. Implemen- ‘‘(b) WITHHOLDING OF FUNDS.—If the Agree- pations, and establish residence as a non- tation of this section shall be carried out in ment becomes effective during fiscal year immigrant in the United States and its terri- accordance with the provisions of Appendix 2012, and if during the period beginning on tories and possessions without regard to B to this Agreement.’’. September 30, 2011, and ending on the effec- paragraphs (5) or (7)(B)(i)(II) of section 212(a) (3) DIRECT ECONOMIC ASSISTANCE.—Sub- tive date of the Agreement, the Republic of of the Immigration and Nationality Act (8 sections (a) and (b) of section 4 of the Agree- Palau withdraws an amount greater than U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided ment shall be construed as though the sub- $5,000,000 from the trust fund established that the passport presented to satisfy sec- sections read as follows: under section 211(f) of the Compact of Free tion 212(a)(7)(B)(i)(I) of such Act is a valid ‘‘(a) In addition to the economic assistance Association, amounts payable under sections unexpired machine-readable passport that of $13,147,000 provided to the Government of 1, 2(a), 3, and 4(a) of the Agreement shall be satisfies the internationally accepted stand- Palau by the Government of the United withheld from the Republic of Palau until ard for machine readability— States in each of fiscal years 2010, 2011, and the date on which the Republic of Palau re- ‘‘(1) a person who, on September 30, 1994, 2012, and unless otherwise specified in this imburses the trust fund for the amount with- was a citizen of the Trust Territory of the Agreement or in an Appendix to this Agree- drawn that exceeds $5,000,000. Pacific Islands, as defined in title 53 of the ment, the Government of the United States ‘‘(c) FUNDING FOR CERTAIN PROVISIONS Trust Territory Code in force on January 1, shall provide the Government of Palau UNDER SECTION 105 OF COMPACT OF FREE AS- 1979, and has become and remains a citizen of $81,750,000 in economic assistance as follows: SOCIATION.—On the date of enactment of this Palau; section, out of any funds in the Treasury not $12,500,000 in fiscal year 2013; $12,000,000 in fis- ‘‘(2) a person who acquires the citizenship otherwise appropriated, the Secretary of the cal year 2014; $11,500,000 in fiscal year 2015; of Palau, at birth, on or after the effective Treasury shall transfer to the Secretary of $10,000,000 in fiscal year 2016; $8,500,000 in fis- date of the Constitution of Palau; or the Interior such sums as are necessary for cal year 2017; $7,250,000 in fiscal year 2018; ‘‘(3) a naturalized citizen of Palau, who has the Secretary of the Interior to implement $6,000,000 in fiscal year 2019; $5,000,000 in fis- been an actual resident of Palau for not less sections 1, 2(a), 3, 4(a), and 5 of the Agree- cal year 2020; $4,000,000 in fiscal year 2021; than five years after attaining such natu- ment, which sums shall remain available $3,000,000 in fiscal year 2022; and $2,000,000 in ralization and who holds a certificate of ac- until expended without any further appro- fiscal year 2023. Of the $13,147,000 in economic tual residence. assistance already provided to the Govern- priation. ‘‘(b) Such persons shall be considered to ment of Palau in 2012, $12,706,000 is for eco- ‘‘(d) AUTHORIZATIONS OF APPROPRIATIONS.— have the permission of the Secretary of nomic assistance while the remaining There are authorized to be appropriated— Homeland Security of the United States to $411,000 is for the Fiscal Consolidation Fund. ‘‘(1) to the Secretary of the Interior to sub- accept employment in the United States. The funds provided in any fiscal year under sidize postal services provided by the United ‘‘(c) The right of such persons to establish this subsection for economic assistance shall States Postal Service to the Republic of habitual residence in a territory or posses- be provided in 4 quarterly payments (30 per- Palau, the Republic of the Marshall Islands, sion of the United States may, however, be cent in the first quarter, 30 percent in the and the Federated States of Micronesia subjected to non-discriminatory limitations second quarter, 20 percent in the third quar- $1,500,000 for each of fiscal years 2012 through provided for— ter, and 20 percent in the fourth quarter) un- 2024, to remain available until expended; and ‘‘(1) in statutes or regulations of the less otherwise specified in this Agreement or ‘‘(2) to the head of each Federal entity de- United States; or in an Appendix to this Agreement. scribed in paragraphs (1), (3), and (4) of sec- ‘‘(2) in those statutes or regulations of the tion 221(a) of the Compact of Free Associa- ‘‘(b) Notwithstanding the provisions of Compact section 211(f) and the Agreement territory or possession concerned which are tion (including the successor of each Federal authorized by the laws of the United States. entity) to carry out the responsibilities of Between the Government of the United States and the Government of Palau Regard- ‘‘(d) Section 141(a) does not confer on a cit- the Federal entity under section 221(a) of the izen of Palau the right to establish the resi- Compact of Free Association such sums as ing Economic Assistance Concluded Pursu- ant to Section 211(f) of the Compact of Free dence necessary for naturalization under the are necessary, to remain available until ex- Immigration and Nationality Act, or to peti- pended.’’. Association, with respect to fiscal year 2011 the Government of Palau did not exceed a tion for benefits for alien relatives under (2) OFFSET.—Section 3 of the Act of June $5,000,000 distribution from the Section 211(f) that Act. Section 141(a), however, shall not 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter prevent a citizen of Palau from otherwise ac- 423), is repealed. Fund and, with respect to fiscal years 2012 through fiscal year 2023 and except as other- quiring such rights or lawful permanent resi- (c) PAYMENT SCHEDULE; WITHHOLDING OF dent alien status in the United States.’’. FUNDS; FUNDING.— wise agreed by the Government of the United States and the Government of Palau, the (1) INFRASTRUCTURE MAINTENANCE FUND.— Ms. STABENOW submitted Subsection (a) of section 2 of the Agreement Government of Palau agrees not to exceed SA 1812. shall be construed as though the subsection the following distributions from the Section an amendment intended to be proposed reads as follows: 211(f) Fund: $5,000,000 annually beginning in by her to the bill S. 1813, to reauthorize ‘‘(a) The Government of the United States fiscal year 2012 through fiscal year 2013; Federal-aid highway and highway safe- shall provide a grant of $2,000,000 for fiscal $5,250,000 in fiscal year 2014; $5,500,000 in fis- ty construction programs, and for year 2012, a grant of $4,000,000 for fiscal year cal year 2015; $6,750,000 in fiscal year 2016; other purposes; which was ordered to $8,000,000 in fiscal year 2017; $9,000,000 in fis- 2013, and a grant of $2,000,000 annually from lie on the table; as follows: the beginning of fiscal year 2014 through fis- cal year 2018; $10,000,000 in fiscal year 2019; cal year 2024 to create a trust fund (the ‘In- $10,500,000 in fiscal year 2020; $11,000,000 in fis- At the end of division D, insert the fol- frastructure Maintenance Fund’) to be used cal year 2021; $12,000,000 in fiscal year 2022; lowing: for the routine and periodic maintenance of and $13,000,000 in fiscal year 2023.’’. SEC. llll. EXTENSION OF CREDIT FOR EN- major capital improvement projects financed (4) INFRASTRUCTURE PROJECTS.—Section 5 ERGY-EFFICIENT EXISTING HOMES. by funds provided by the United States. The of the Agreement shall be construed as (a) IN GENERAL.—Paragraph (2) of section Government of the Republic of Palau will though the section reads as follows: 25C(g) of the Internal Revenue Code of 1986 is match the contributions made by the United ‘‘SEC. 5. INFRASTRUCTURE PROJECTS. amended by striking ‘‘December 31, 2011’’ and States by making contributions of $150,000 to ‘‘The Government of the United States inserting ‘‘December 31, 2012’’. the Infrastructure Maintenance Fund on a shall provide grants totaling $40,000,000 to (b) EFFECTIVE DATE.—The amendment quarterly basis for fiscal year 2012, by mak- the Government of Palau as follows: made by this section shall apply to property ing contributions of $300,000 to the Infra- $8,000,000 annually in fiscal years 2012 placed in service after December 31, 2011.

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.027 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1465

SEC. llll. EXTENSION OF CREDIT FOR CER- (c) ALGAE TREATED AS A QUALIFIED FEED- striking ‘‘January 1, 2014’’ each place it ap- TAIN PLUG-IN ELECTRIC VEHICLES. STOCK FOR PURPOSES OF BONUS DEPRECIATION pears in paragraphs (2), (3), (4), (6), (7), (9), (a) IN GENERAL.—Subsection (f) of section FOR BIOFUEL PLANT PROPERTY.— and (11) and inserting ‘‘January 1, 2015’’. 30 of the Internal Revenue Code of 1986 is (1) IN GENERAL.—Subparagraph (A) of sec- (b) WIND FACILITIES.—Paragraph (1) of sec- amended by striking ‘‘December 31, 2011’’ and tion 168(l)(2) of the Internal Revenue Code of tion 45(d) of the Internal Revenue Code of inserting ‘‘December 31, 2012’’. 1986 is amended by striking ‘‘solely to 1986 is amended by striking ‘‘January 1, 2013’’ (b) EFFECTIVE DATE.—The amendment produce cellulosic biofuel’’ and inserting and inserting ‘‘January 1, 2014’’. made by this section shall apply to vehicles ‘‘solely to produce second generation biofuel (c) INCREASED CREDIT AMOUNT FOR INDIAN acquired after December 31, 2011. (as defined in section 40(b)(6)(E))’’. COAL FACILITIES PLACED IN SERVICE BEFORE SEC. llll. EXTENSION OF CREDIT FOR ALTER- (2) CONFORMING AMENDMENTS.—Subsection 2009.—Subparagraph (A) of section 45(e)(10) of NATIVE FUEL VEHICLE REFUELING (l) of section 168 of such Code is amended— the Internal Revenue Code of 1986 is amended PROPERTY. (A) by striking ‘‘cellulosic biofuel’’ each by striking ‘‘7-year period’’ each place it ap- (a) EXTENSION.—Paragraph (2) of section place it appears in the text thereof and in- pears and inserting ‘‘8-year period’’. 30C(g) of the Internal Revenue Code of 1986 is serting ‘‘second generation biofuel’’, (d) CONFORMING AMENDMENTS.—Subsection amended by striking ‘‘December 31, 2011.’’ (B) by striking paragraph (3) and redesig- (e) of section 1603 of division B of the Amer- and inserting ‘‘December 31, 2012’’. nating paragraphs (4) through (8) as para- ican Recovery and Reinvestment Act of 2009 (b) EFFECTIVE DATE.—The amendment graphs (3) through (7), respectively, is amended— made by this section shall apply to property (C) by striking ‘‘CELLULOSIC’’ in the head- (1) by striking ‘‘January 1, 2013’’ in para- placed in service after December 31, 2011. ing of such subsection and inserting ‘‘SECOND graph (1) and inserting ‘‘January 1, 2014’’, SEC. llll. EXTENSION OF CELLULOSIC GENERATION’’, and and BIOFUEL PRODUCER CREDIT. (D) by striking ‘‘CELLULOSIC’’ in the head- (2) by striking ‘‘January 1, 2014’’ in para- (a) IN GENERAL.—Subparagraph (H) of sec- ing of paragraph (2) and inserting ‘‘SECOND graph (2) and inserting ‘‘January 1, 2015’’. tion 40(b)(6) of the Internal Revenue Code of GENERATION’’. (e) EFFECTIVE DATES.— 1986 is amended to read as follows: (d) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Except as provided in ‘‘(H) APPLICATION OF PARAGRAPH.— (1) Section 40 of the Internal Revenue Code paragraph (2), the amendments made by this ‘‘(i) IN GENERAL.—This paragraph shall of 1986, as amended by subsection (b), is section shall apply to facilities placed in apply with respect to qualified cellulosic amended— service after December 31, 2012. biofuel production after December 31, 2008, (A) by striking ‘‘cellulosic biofuel’’ each (2) INDIAN COAL.—The amendment made by and before January 1, 2014. place it appears in the text thereof and in- subsection (c) shall take effect on the date of ‘‘(ii) NO CARRYOVER TO CERTAIN YEARS serting ‘‘second generation biofuel’’, the enactment of this Act. AFTER EXPIRATION.—If this paragraph ceases (B) by striking ‘‘CELLULOSIC’’ in the head- SEC. llll. EXTENSION OF CREDIT FOR EN- to apply for any period by reason of clause ings of subsections (b)(6), (b)(6)(E), and ERGY-EFFICIENT NEW HOMES. (i), rules similar to the rules of subsection (d)(3)(D) and inserting ‘‘SECOND GENERA- (a) IN GENERAL.—Subsection (g) of section (e)(2) shall apply.’’. TION’’, and 45L of the Internal Revenue Code of 1986 is (b) CONFORMING AMENDMENT.— (C) by striking ‘‘CELLULOSIC’’ in the head- amended by striking ‘‘December 31, 2011’’ and (1) IN GENERAL.—Paragraph (2) of section ings of subsections (b)(6)(C), (b)(6)(D), inserting ‘‘December 31, 2012’’. 40(e) of the Internal Revenue Code of 1986 is (b)(6)(H), (d)(6), and (e)(3) and inserting ‘‘SEC- (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘or subsection OND GENERATION’’. made by this section shall apply to homes (b)(6)(H)’’. (2) Clause (ii) of section 40(b)(6)(E) of such acquired after December 31, 2011. (2) EFFECTIVE DATE.—The amendment Code is amended by striking ‘‘Such term SEC. llll. EXTENSION OF CREDIT FOR EN- made by this subsection shall take effect as shall not’’ and inserting ‘‘The term ‘second ERGY-EFFICIENT APPLIANCES. if included in section 15321(b) of the Heart- generation biofuel’ shall not’’. (a) IN GENERAL.—Section 45M(b) of the In- land, Habitat, and Horticulture Act of 2008. (3) Paragraph (1) of section 4101(a) of such ternal Revenue Code of 1986 is amended by SEC. llll. ALGAE TREATED AS A QUALIFIED Code is amended by striking ‘‘cellulosic striking ‘‘2011’’ each place it appears other FEEDSTOCK FOR PURPOSES OF THE biofuel’’ and inserting ‘‘second generation than in the provisions specified in subsection CELLULOSIC BIOFUEL PRODUCER biofuel’’. (b), and inserting ‘‘2011 or 2012’’. CREDIT, ETC. (e) EFFECTIVE DATES.— (b) PROVISIONS SPECIFIED.—The provisions (a) IN GENERAL.—Subclause (I) of section (1) IN GENERAL.—Except as provided in of section 45M(b) of the Internal Revenue 40(b)(6)(E)(i) of the Internal Revenue Code of paragraph (2), the amendments made by this Code of 1986 specified in this subsection are 1986 is amended to read as follows: section shall apply to fuels sold or used after subparagraph (C) of paragraph (1) and sub- ‘‘(I) is derived by, or from, qualified feed- the date of the enactment of this Act. paragraph (E) of paragraph (2). stocks, and’’. (2) APPLICATION TO BONUS DEPRECIATION.— (c) EFFECTIVE DATE.—The amendments (b) QUALIFIED FEEDSTOCK; SPECIAL RULES The amendments made by subsection (c) made by this section shall apply to appli- FOR ALGAE.—Paragraph (6) of section 40(b) of shall apply to property placed in service ances produced after December 31, 2011. the Internal Revenue Code of 1986 is amended after the date of the enactment of this Act. SEC. llll. EXTENSION OF ELECTION OF IN- by redesignating subparagraphs (F), (G), and SEC. llll. EXTENSION OF INCENTIVES FOR VESTMENT TAX CREDIT IN LIEU OF (H), as amended by this Act, as subpara- BIODIESEL AND RENEWABLE DIE- PRODUCTION CREDIT. graphs (H), (I), and (J), respectively, and by SEL. (a) IN GENERAL.—Clause (ii) of section inserting after subparagraph (E) the fol- (a) CREDITS FOR BIODIESEL AND RENEWABLE 48(a)(5)(C) of the Internal Revenue Code of lowing new subparagraphs: DIESEL USED AS FUEL.—Subsection (g) of sec- 1986 is amended by striking ‘‘or 2013’’ and in- ‘‘(F) QUALIFIED FEEDSTOCK.—For purposes tion 40A of the Internal Revenue Code of 1986 serting ‘‘2013, or 2014’’. of this paragraph, the term ‘qualified feed- is amended by striking ‘‘December 31, 2011’’ (b) WIND FACILITIES.—Clause (i) of section stock’ means— and inserting ‘‘December 31, 2012’’. 48(a)(5)(C) of the Internal Revenue Code of (b) EXCISE TAX CREDITS AND OUTLAY PAY- ‘‘(i) any lignocellulosic or hemicellulosic 1986 is amended by striking ‘‘Any qualified MENTS FOR BIODIESEL AND RENEWABLE DIESEL matter that is available on a renewable or facility’’ and all that follows and inserting FUEL MIXTURES.— recurring basis, and ‘‘Any facility which is— (1) Paragraph (6) of section 6426(c) of the ‘‘(ii) any cultivated algae, cyanobacteria, ‘‘(I) a qualified facility (within the mean- Internal Revenue Code of 1986 is amended by or lemna. ing of section 45) described in paragraph (1) striking ‘‘December 31, 2011’’ and inserting ‘‘(G) SPECIAL RULES FOR ALGAE.—In the of section 45(d) if such facility is placed in ‘‘December 31, 2012’’. case of fuel which is derived by, or from, service in 2009, 2010, 2011, 2012, or 2013, or (2) Subparagraph (B) of section 6427(e)(6) of feedstock described in subparagraph (F)(ii) ‘‘(II) a qualifying offshore wind facility, if such Code is amended by striking ‘‘December and which is sold by the taxpayer to another such facility is placed in service in 2012, 2013, 31, 2011’’ and inserting ‘‘December 31, 2012’’. person for refining by such other person into or 2014.’’. (c) EFFECTIVE DATE.—The amendments a fuel which meets the requirements of sub- made by this section shall apply to fuel sold (c) QUALIFYING OFFSHORE WIND FACILITY.— paragraph (E)(i)(II) and the refined fuel is or used after December 31, 2011. Paragraph (5) of section 48(a) of the Internal not excluded under subparagraph (E)(iii)— Revenue Code of 1986 is amended by adding SEC. llll. EXTENSION OF PRODUCTION CRED- ‘‘(i) such sale shall be treated as described IT FOR REFINED COAL. at the end the following new subparagraph: in subparagraph (C)(i), (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(E) QUALIFYING OFFSHORE WIND FACILITY.— ‘‘(ii) such fuel shall be treated as meeting tion 45(d)(8) of the Internal Revenue Code of For purposes of this paragraph— the requirements of subparagraph (E)(i)(II) 1986 is amended by striking ‘‘January 1, 2012’’ ‘‘(i) IN GENERAL.—The term ‘qualifying off- and as not being excluded under subpara- and inserting ‘‘January 1, 2013’’. shore wind facility’ means an offshore facil- graph (E)(iii) in the hands of such taxpayer, (b) EFFECTIVE DATE.—The amendment ity using wind to produce electricity. and made by this section shall apply to facilities ‘‘(ii) OFFSHORE FACILITY.—The term ‘off- ‘‘(iii) except as provided in this subpara- placed in service after December 31, 2011. shore facility’ means any facility located in graph, such fuel (and any fuel derived from SEC. llll. EXTENSION OF PRODUCTION CRED- the inland navigable waters of the United such fuel) shall not be taken into account IT. States, including the Great Lakes, or in the under subparagraph (C) with respect to the (a) IN GENERAL.—Section 45(d) of the Inter- coastal waters of the United States, includ- taxpayer or any other person.’’. nal Revenue Code of 1986 is amended by ing the territorial seas of the United States,

VerDate Mar 15 2010 04:04 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.028 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1466 CONGRESSIONAL RECORD — SENATE March 7, 2012 the exclusive economic zone of the United At the end of subtitle E of title I of divi- SA 1814. Mr. MERKLEY (for himself, States, and the Outer Continental Shelf of sion A, add the following: Mr. TOOMEY, and Mr. BLUNT) submitted the United States. For purposes of the pre- SEC. ll. KEYSTONE XL PIPELINE. an amendment intended to be proposed ceding sentence, the term ‘United States’ (a) ADMINISTRATION.— by him to the bill S. 1813, to reauthor- has the meaning given in section 638(1).’’. (1) IN GENERAL.—Except as otherwise spe- (d) EFFECTIVE DATE.—The amendments ize Federal-aid highway and highway cifically provided in this section, nothing in safety construction programs, and for made by this section shall apply to facilities this section affects any applicable Federal placed in service after December 31, 2011. requirements in connection with the Key- other purposes; which was ordered to SEC. llll. EXPANSION OF QUALIFYING AD- stone XL pipeline (including facilities for the lie on the table; as follows: VANCED ENERGY PROJECT CREDIT. import of crude oil and other hydrocarbons At the end of subtitle E of title I of divi- (a) IN GENERAL.—Subparagraph (B) of sec- at the United States-Canada Border at Phil- sion A, add the following: tion 48C(d)(1) of the Internal Revenue Code of lips County, Montana). SEC. ll. EXEMPTIONS FROM REQUIREMENTS 1986 is amended by striking ‘‘$2,300,000,000’’ (2) EXPEDITIOUS ANALYSES AND PERMIT DECI- FOR CERTAIN FARM VEHICLES. and inserting ‘‘$4,600,000,000’’. SIONS.—In evaluating any new permit appli- (a) FEDERAL REQUIREMENTS.—A covered (b) EFFECTIVE DATE.—The amendment cations that may be submitted related to the farm vehicle, including the individual oper- made by this section shall take effect on the Keystone XL pipeline and facilities described ating that vehicle, shall be exempt from the date of the enactment of this Act. in paragraph (1) or in carrying out the ac- following: SEC. llll. EXTENSION OF SPECIAL ALLOW- tivities described in this section, the Presi- (1) Any requirement relating to commer- ANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY. dent or a designee of the President shall— cial driver’s licenses established under chap- (a) IN GENERAL.—Subparagraph (D) of sec- (A) act as expeditiously as practicable and, ter 313 of title 49, United States Code. tion 168(l)(2) of the Internal Revenue Code of to the maximum extent practicable and con- (2) Any requirement relating to medical 1986 is amended by striking ‘‘January 1, 2013’’ sistent with current law, use existing anal- certificates established under— and inserting ‘‘January 1, 2014’’. yses relating to those pipeline and facilities, (A) subchapter III of chapter 311 of title 49, (b) CONFORMING AMENDMENT.—Paragraph including the environmental impact state- United States Code; or (4) of section 168(l) of the Internal Revenue ment issued by the Department of State re- (B) chapter 313 of title 49, United States Code of 1986, as redesignated by this Act, is garding the Keystone XL pipeline on August Code. amended— 26, 2011; and (3) Any requirement relating to hours of (1) by striking ‘‘and’’ at the end of subpara- (B) issue a decision on any permit applica- service established under— graph (A), tion not later than 90 days after the date on (A) subchapter III of chapter 311 of title 49, (2) by redesignating subparagraph (B) as which all analyses and other actions re- United States Code; or subparagraph (C), and quired by current law and applicable Execu- (B) chapter 315 of title 49, United States (3) by inserting after subparagraph (A) the tive Orders are completed. Code. following new subparagraph: (b) PROHIBITION ON EXPORTS.— (4) Any requirement relating to vehicle in- ‘‘(B) by substituting ‘January 1, 2014’ for (1) IN GENERAL.—Subject to paragraph (2), spection, repair, and maintenance estab- ‘January 1, 2013’ in clause (i) thereof, and’’. no crude oil transported by the Keystone XL lished under— SEC. llll. EXTENSION OF SUSPENSION OF pipeline or facilities described in subsection (A) subchapter III of chapter 311 of title 49, LIMITATION ON PERCENTAGE DE- (a)(1), or petroleum products derived from United States Code; or PLETION FOR OIL AND GAS FROM the crude oil, may be exported from the (B) chapter 315 of title 49, United States MARGINAL WELLS. United States. Code. (a) IN GENERAL.—Clause (ii) of section (2) WAIVERS.—The President may grant a (b) STATE REQUIREMENTS.— 613A(c)(6)(H) of the Internal Revenue Code of waiver from the application of paragraph (1) (1) IN GENERAL.—Federal transportation 1986 is amended by striking ‘‘January 1, 2012’’ if the President— funding to a State may not be terminated, and inserting ‘‘January 1, 2013’’. (A) determines that the waiver is nec- limited, or otherwise interfered with as a re- (b) EFFECTIVE DATE.—The amendment essary as the result of— sult of the State exempting a covered farm made by this section shall apply to taxable (i) national security; or vehicle, including the individual operating years beginning after December 31, 2011. (ii) a natural or manmade disaster; or that vehicle, from any State requirement re- SEC. llll. EXTENSION OF ALTERNATIVE (B) makes an express finding that the ex- lating to the operation of that vehicle. FUELS EXCISE TAX CREDITS. ports described in paragraph (1)— (2) EXCEPTION.—Paragraph (1) does not (a) IN GENERAL.—Sections 6426(d)(5), (i) will not diminish the total quantity or apply with respect to a covered farm vehicle 6426(e)(3), and 6427(e)(6)(C) of the Internal quality of petroleum available in the United transporting hazardous materials that re- Revenue Code of 1986 are each amended by States; and quire a placard. striking ‘‘December 31, 2011’’ and inserting (ii) are in the national interest of the (3) STATE REQUIREMENTS.—Notwith- ‘‘December 31, 2012’’. United States. standing section (a) or any other provision of (b) EFFECTIVE DATE.—The amendments (c) USE OF UNITED STATES IRON, STEEL, AND law, a State may enact and enforce safety re- made by this section shall apply to fuel sold MANUFACTURED GOODS.— quirements related to covered farm vehicles. or used after December 31, 2011. (1) IN GENERAL.—Subject to paragraphs (2) (c) COVERED FARM VEHICLE DEFINED.— SEC. llll. EXTENSION OF GRANTS FOR SPECI- through (4), the construction, connection, (1) IN GENERAL.—In this section, the term FIED ENERGY PROPERTY IN LIEU OF operation, or maintenance of the Keystone ‘‘covered farm vehicle’’ means a motor vehi- TAX CREDITS. XL pipeline and facilities described in sub- cle (including an articulated motor vehi- (a) IN GENERAL.—Subsection (a) of section section (a)(1) shall not be permitted unless cle)— 1603 of division B of the American Recovery all of the iron, steel, and manufactured (A) that— and Reinvestment Act of 2009, as amended by goods used for the pipeline and facilities are (i) is traveling in the State in which the section 707 of the Tax Relief, Unemployment produced in the United States. vehicle is registered or another State; Insurance Reauthorization, and Job Creation (2) NONAPPLICATION.—Paragraph (1) shall (ii) is operated by— Act of 2010, is amended— not apply if the President or a delegate finds (I) a farm owner or operator; (1) by striking ‘‘or 2011’’ in paragraph (1) that— (II) a ranch owner or operator; or and inserting ‘‘2011, or 2012’’, and (A) applying paragraph (1) would be incon- (III) an employee or family member of an (2) in paragraph (2)— sistent with the public interest; individual specified in subclause (I) or (II); (A) by striking ‘‘after 2011’’ and inserting (B) iron, steel, and the applicable manufac- (iii) is transporting to or from a farm or ‘‘after 2012’’, and tured goods are not produced in the United ranch— (B) by striking ‘‘or 2011’’ and inserting States in sufficient and reasonably available (I) agricultural commodities; ‘‘2011, or 2012’’. quantities with a satisfactory quality; or (II) livestock; or (b) CONFORMING AMENDMENT.—Subsection (C) inclusion of iron, steel, and manufac- (III) machinery or supplies; (j) of section 1603 of division B of such Act, tured goods produced in the United States (iv) except as provided in paragraph (2), is as so amended, is amended by striking ‘‘2012’’ will increase the cost of the overall pipeline not used in the operations of a for-hire and inserting ‘‘2013’’. and facilities by more than 25 percent. motor carrier; and (c) EFFECTIVE DATE.—The amendments made by this section shall apply to property (3) RATIONALE.—If the President or a dele- (v) is equipped with a special license plate placed in service after December 31, 2011. gate determines that it is necessary to waive or other designation by the State in which the application of paragraph (1) based on a the vehicle is registered to allow for identi- SA 1813. Mr. WYDEN submitted an finding under paragraph (2), the President or fication of the vehicle as a farm vehicle by amendment intended to be proposed by delegate shall publish in the Federal Reg- law enforcement personnel; and him to the bill S. 1813, to reauthorize ister a detailed written justification for the (B) that has a gross vehicle weight rating waiver. or gross vehicle weight, whichever is greater, Federal-aid highway and highway safe- (4) INTERNATIONAL AGREEMENTS.—This sub- that is— ty construction programs, and for section shall be applied in a manner con- (i) 26,001 pounds or less; or other purposes; which was ordered to sistent with United States obligations under (ii) greater than 26,001 pounds and trav- lie on the table; as follows: international agreements. eling within the State or within 150 air miles

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.028 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1467 of the farm or ranch with respect to which manufactured goods acquired pursuant to ported by the Keystone XL pipeline or facili- the vehicle is being operated. each of the waivers specified under para- ties described in subsection (a)(1), or petro- (2) INCLUSION.—In this section, the term graph (1); and leum products derived from the crude oil, ‘‘covered farm vehicle’’ includes a motor ve- ‘‘(3) summarizes the monetary value of may be exported from the United States. hicle that meets the requirements of para- contracts awarded pursuant to each such (2) WAIVERS.—The President may grant a graph (1) (other than paragraph (1)(A)(iv)) waiver.’’. waiver from the application of paragraph (1) and is— if the President— (A) operated pursuant to a crop share farm SA 1816. Mrs. BOXER submitted an (A) determines that the waiver is nec- lease agreement; amendment intended to be proposed to essary as the result of— (B) owned by a tenant with respect to that amendment SA 1761 proposed by Mr. (i) national security; or agreement; and REID to the bill S. 1813, to reauthorize (ii) a natural or manmade disaster; or (C) transporting the landlord’s portion of Federal-aid highway and highway safe- (B) makes an express finding that the ex- the crops under that agreement. ty construction programs, and for ports described in paragraph (1)— (i) will not diminish the total quantity or other purposes; which was ordered to SA 1815. Mr. BROWN of Ohio (for quality of petroleum available in the United lie on the table; as follows: himself and Mr. MERKLEY) submitted States; and an amendment intended to be proposed At the end of subtitle E of title I of divi- (ii) are in the national interest of the sion A, add the following: by him to the bill S. 1813, to reauthor- United States. SEC. 15ll. SENSE OF SENATE CONCERNING EX- (c) USE OF UNITED STATES IRON, STEEL, AND ize Federal-aid highway and highway PEDITIOUS COMPLETION OF ENVI- MANUFACTURED GOODS.— safety construction programs, and for RONMENTAL REVIEWS, APPROVALS, (1) IN GENERAL.—Subject to paragraphs (2) other purposes; which was ordered to LICENSING, AND PERMIT REQUIRE- through (4), the construction, connection, MENTS. lie on the table; as follows: operation, or maintenance of the Keystone It is the sense of the Senate that Federal On page 1314, after the matter following agencies should— XL pipeline and facilities described in sub- line 18, insert the following: (1) ensure that all applicable environ- section (a)(1) shall not be permitted unless SEC. 330ll. BUY AMERICA WAIVER REQUIRE- mental reviews, approvals, licensing, and all of the iron, steel, and manufactured MENTS. permit requirements under Federal law are goods used for the pipeline and facilities are (a) NOTICE AND COMMENT OPPORTUNITIES.— completed on an expeditious basis following produced in the United States. (1) IN GENERAL.—If the Secretary receives a any disaster or emergency declared under (2) NONAPPLICATION.—Paragraph (1) shall request for a waiver under section 313(b) of Federal law, including— not apply if the President or a delegate finds title 23, United States Code, or under section (A) a major disaster declared by the Presi- that— 24305(f)(4) or 24405(a)(2) of title 49, United dent under section 401 of the Robert T. Staf- (A) applying paragraph (1) would be incon- States Code, the Secretary shall provide no- ford Disaster Relief and Emergency Assist- sistent with the public interest; tice of, and an opportunity for public com- ance Act (42 U.S.C. 5170); and (B) iron, steel, and the applicable manufac- ment on, the request not later than 15 days (B) an emergency declared by the Presi- tured goods are not produced in the United before making a finding based on such re- dent under section 501 of the Robert T. Staf- States in sufficient and reasonably available quest. ford Disaster Relief and Emergency Assist- quantities with a satisfactory quality; or (2) NOTICE REQUIREMENTS.—Each notice ance Act (42 U.S.C. 5191); and (C) inclusion of iron, steel, and manufac- provided under paragraph (1)— (2) use the shortest existing applicable tured goods produced in the United States (A) shall include the information available process under Federal law to complete each will increase the cost of the overall pipeline to the Secretary concerning the request, in- review, approval, licensing, and permit re- and facilities by more than 25 percent. cluding the requestor’s justification for such quirement described in paragraph (1) fol- (3) RATIONALE.—If the President or a dele- request; and lowing a disaster or emergency described in gate determines that it is necessary to waive (B) shall be provided electronically, includ- that paragraph. the application of paragraph (1) based on a ing on the official public Internet website of finding under paragraph (2), the President or the Department. SA 1817. Mr. WYDEN submitted an delegate shall publish in the Federal Reg- (3) PUBLICATION OF DETAILED JUSTIFICA- amendment intended to be proposed by ister a detailed written justification for the TION.—If the Secretary issues a waiver pursu- him to the bill S. 1813, to reauthorize waiver. ant to the authority granted under a provi- Federal-aid highway and highway safe- (4) INTERNATIONAL AGREEMENTS.—This sub- sion referenced in paragraph (1), the Sec- ty construction programs, and for section shall be applied in a manner con- retary shall publish, in the Federal Register, other purposes; which was ordered to sistent with United States obligations under a detailed justification for the waiver that— international agreements. (A) addresses the public comments re- lie on the table; as follows: ceived under paragraph (1); and At the end of subtitle E of title I of divi- SA 1818. Mr. LEVIN (for himself and (B) is published before the waiver takes ef- sion A, add the following: Mr. CONRAD) submitted an amendment fect. SEC. ll. KEYSTONE XL PIPELINE. intended to be proposed by him to the (b) CONSISTENCY WITH INTERNATIONAL (a) ADMINISTRATION.— bill S. 1813, to reauthorize Federal-aid AGREEMENTS.—This section shall be applied (1) IN GENERAL.—Except as otherwise spe- highway and highway safety construc- cifically provided in this section, nothing in in a manner that is consistent with United tion programs, and for other purposes; States obligations under relevant inter- this section affects any applicable Federal national agreements. requirements in connection with the Key- which was ordered to lie on the table; (c) REVIEW OF NATIONWIDE WAIVERS.—Not stone XL pipeline (including facilities for the as follows: later than 1 year after the date of the enact- import of crude oil and other hydrocarbons At the end, add the following: ment of the Moving Ahead for Progress in at the United States-Canada Border at Phil- TITLE lll—STOP TAX HAVEN ABUSE the 21st Century Act, and at least once every lips County, Montana). SEC. llllll. AUTHORIZING SPECIAL MEAS- 5 years thereafter, the Secretary shall review (2) EXPEDITIOUS ANALYSES AND PERMIT DECI- URES AGAINST FOREIGN JURISDIC- each standing nationwide waiver issued pur- SIONS.—In evaluating any new permit appli- TIONS, FINANCIAL INSTITUTIONS, suant to the authority granted under any of cations that may be submitted related to the AND OTHERS THAT SIGNIFICANTLY the provisions referenced in paragraph (1) to Keystone XL pipeline and facilities described IMPEDE UNITED STATES TAX EN- determine whether continuing such waiver is in paragraph (1) or in carrying out the ac- FORCEMENT. necessary. tivities described in this section, the Presi- Section 5318A of title 31, United States (d) BUY AMERICA REPORTING.—Section 308 dent or a designee of the President shall— Code, is amended— of title 49, United States Code, is amended by (A) act as expeditiously as practicable and, (1) by striking the section heading and in- inserting after subsection (c) the following: to the maximum extent practicable and con- serting the following: ‘‘(d) Not later than February 1, 2013, and sistent with current law, use existing anal- ‘‘§ 5318A. Special measures for jurisdictions, annually thereafter, the Secretary shall sub- yses relating to those pipeline and facilities, financial institutions, or international mit a report to Congress that— including the environmental impact state- transactions that are of primary money ‘‘(1) specifies each highway, public trans- ment issued by the Department of State re- laundering concern or significantly impede portation, or railroad project for which the garding the Keystone XL pipeline on August United States tax enforcement’’; Secretary issued a waiver from a Buy Amer- 26, 2011; and (2) in subsection (a), by striking the sub- ica requirement pursuant to the authority (B) issue a decision on any permit applica- section heading and inserting the following: granted under section 313(b) of title 23, tion not later than 90 days after the date on ‘‘(a) SPECIAL MEASURES TO COUNTER MONEY United States Code, or under section which all analyses and other actions re- LAUNDERING AND EFFORTS TO SIGNIFICANTLY 24305(f)(4) or 24405(a)(2) of title 49, United quired by current law and applicable Execu- IMPEDE UNITED STATES TAX ENFORCEMENT.— States Code, during the preceding calendar tive Orders are completed. ’’; year; (b) PROHIBITION ON EXPORTS.— (3) in subsection (c)— ‘‘(2) identifies the country of origin and (1) IN GENERAL.—Subject to paragraph (2), (A) by striking the subsection heading and product specifications for the steel, iron, or no crude oil produced in Canada and trans- inserting the following:

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.029 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1468 CONGRESSIONAL RECORD — SENATE March 7, 2012

‘‘(c) CONSULTATIONS AND INFORMATION TO (9) in subsection (c)(2)(A)— cluding the requestor’s justification for such BE CONSIDERED IN FINDING JURISDICTIONS, IN- (A) in clause (ii), by striking ‘‘bank secrecy request; and STITUTIONS, TYPES OF ACCOUNTS, OR TRANS- or special regulatory advantages’’ and in- (B) shall be provided electronically, includ- ACTIONS TO BEOFPRIMARY MONEY LAUN- serting ‘‘bank, tax, corporate, trust, or fi- ing on the official public Internet website of DERING CONCERN OR TO BE SIGNIFICANTLY IM- nancial secrecy or regulatory advantages’’; the Department. PEDING UNITED STATES TAX ENFORCEMENT.— (B) in clause (iii), by striking ‘‘supervisory (3) PUBLICATION OF DETAILED JUSTIFICA- ’’; and and counter-money’’ and inserting ‘‘super- TION.—If the Secretary issues a waiver pursu- (B) by inserting at the end of paragraph (2) visory, international tax enforcement, and ant to the authority granted under a provi- thereof the following new subparagraph: counter-money’’; sion referenced in paragraph (1), the Sec- ‘‘(C) OTHER CONSIDERATIONS.—The fact that (C) in clause (v), by striking ‘‘banking or retary shall publish, in the Federal Register, a jurisdiction or financial institution is co- secrecy’’ and inserting ‘‘banking, tax, or se- a detailed justification for the waiver that— operating with the United States on imple- crecy’’; and (A) addresses the public comments re- menting the requirements specified in chap- (D) in clause (vi), by inserting ‘‘, tax trea- ceived under paragraph (1); and ter 4 of the Internal Revenue Code of 1986 ty, or tax information exchange agreement’’ (B) is published before the waiver takes ef- may be favorably considered in evaluating after ‘‘treaty’’; fect. whether such jurisdiction or financial insti- (10) in subsection (c)(2)(B)— (b) CONSISTENCY WITH INTERNATIONAL tution is significantly impeding United (A) in clause (i), by inserting ‘‘or tax eva- AGREEMENTS.—This section shall be applied States tax enforcement.’’; sion’’ after ‘‘money laundering’’; and in a manner that is consistent with United (4) in subsection (a)(1), by inserting ‘‘or is (B) in clause (iii), by inserting ‘‘, tax eva- States obligations under relevant inter- significantly impeding United States tax en- sion,’’ after ‘‘money laundering’’; and national agreements. forcement’’ after ‘‘primary money laun- (11) in subsection (d), by inserting ‘‘involv- (c) REVIEW OF NATIONWIDE WAIVERS.—Not dering concern’’; ing money laundering, and shall notify, in later than 1 year after the date of the enact- (5) in subsection (a)(4)— writing, the Committee on Finance of the ment of the Moving Ahead for Progress in (A) in subparagraph (A)— Senate and the Committee on Ways and the 21st Century Act, and at least once every (i) by inserting ‘‘in matters involving Means of the House of Representatives of 5 years thereafter, the Secretary shall review money laundering,’’ before ‘‘shall consult’’; any such action involving United States tax each standing nationwide waiver issued pur- and enforcement’’ after ‘‘such action’’. suant to the authority granted under any of (ii) by striking ‘‘and’’ at the end; the provisions referenced in paragraph (1) to (B) by redesignating subparagraph (B) as SA 1819. Mr. BROWN of Ohio (for determine whether continuing such waiver is subparagraph (C); and himself and Mr. MERKLEY) submitted necessary. (C) by inserting after subparagraph (A) the an amendment intended to be proposed (d) BUY AMERICA REPORTING.—Section 308 following: of title 49, United States Code, is amended by ‘‘(B) in matters involving United States to amendment SA 1761 proposed by Mr. inserting after subsection (c) the following: tax enforcement, shall consult with the Com- REID to the bill S. 1813, to reauthorize ‘‘(d) Not later than February 1, 2013, and missioner of the Internal Revenue, the Sec- Federal-aid highway and highway safe- annually thereafter, the Secretary shall sub- retary of State, the Attorney General of the ty construction programs, and for mit a report to Congress that— United States, and in the sole discretion of other purposes; which was ordered to ‘‘(1) specifies each highway, public trans- the Secretary, such other agencies and inter- lie on the table; as follows: portation, or railroad project for which the ested parties as the Secretary may find to be On page 490, between lines 3 and 4, insert Secretary issued a waiver from a Buy Amer- appropriate; and’’; the following: ica requirement pursuant to the authority (6) in each of paragraphs (1)(A), (2), (3), and granted under section 313(b) of title 23, SEC. 1528. BUY AMERICA PROVISIONS. (4) of subsection (b), by inserting ‘‘or to be Section 313 of title 23, United States Code, United States Code, or under section significantly impeding United States tax en- is amended by adding at the end the fol- 24305(f)(4) or 24405(a)(2) of title 49, United forcement’’ after ‘‘primary money laun- lowing: States Code, during the preceding calendar dering concern’’ each place that term ap- ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.— year; pears; The requirements under this section shall ‘‘(2) identifies the country of origin and (7) in subsection (b), by striking paragraph apply to all contracts eligible for assistance product specifications for the steel, iron, or (5) and inserting the following: under this chapter for a project carried out manufactured goods acquired pursuant to ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN- within the scope of the applicable finding, each of the waivers specified under para- ING OR MAINTAINING CERTAIN CORRESPONDENT determination, or decision under the Na- graph (1); and OR PAYABLE-THROUGH ACCOUNTS OR AUTHOR- tional Environmental Policy Act of 1969 (42 ‘‘(3) summarizes the monetary value of IZING CERTAIN PAYMENT CARDS.—If the Sec- U.S.C. 4321 et seq.), regardless of the funding contracts awarded pursuant to each such retary finds a jurisdiction outside of the source of such contracts, if at least 1 con- waiver.’’. United States, 1 or more financial institu- tract for the project is funded with amounts On page 1449, between lines 11 and 12, insert tions operating outside of the United States, made available to carry out this title.’’. the following: or 1 or more classes of transactions within or On page 900, between lines 9 and 10, insert SEC. 36210. AMTRAK. involving a jurisdiction outside of the United the following: Section 24305(f) of title 49, United States States to be of primary money laundering ‘‘(10) APPLICATION TO TRANSIT PROGRAMS.— Code, is amended by adding at the end the concern or to be significantly impeding The requirements under this subsection shall following: United States tax enforcement, the Sec- apply to all contracts eligible for assistance ‘‘(5) The requirements under this sub- retary, in consultation with the Secretary of under this chapter for a project carried out section shall apply to all contracts eligible State, the Attorney General of the United within the scope of the applicable finding, for assistance under this chapter for a States, and the Chairman of the Board of determination, or decision under the Na- project carried out within the scope of the Governors of the Federal Reserve System, tional Environmental Policy Act of 1969 (42 applicable finding, determination, or deci- may prohibit, or impose conditions upon— U.S.C. 4321 et seq.), regardless of the funding sion under the National Environmental Pol- ‘‘(A) the opening or maintaining in the source of such contracts, if at least 1 con- icy Act of 1969 (42 U.S.C. 4321 et seq.), regard- United States of a correspondent account or tract for the project is funded with amounts less of the funding source of such contracts, payable-through account; or made available to carry out this chapter. if at least 1 contract for the project is funded ‘‘(B) the authorization, approval, or use in On page 904, between lines 6 and 7, insert with amounts made available to carry out the United States of a credit card, charge the following: this chapter.’’. card, debit card, or similar credit or debit fi- On page 1314, after the matter following nancial instrument by any domestic finan- line 18, insert the following: SA 1820. Mr. WYDEN (for himself and cial institution, financial agency, or credit SEC. 330ll. BUY AMERICA WAIVER REQUIRE- Mr. HOEVEN) submitted an amendment card company or association, for or on behalf MENTS. intended to be proposed by him to the of a foreign banking institution, if such cor- (a) NOTICE AND COMMENT OPPORTUNITIES.— bill S. 1813, to reauthorize Federal-aid respondent account, payable-through ac- (1) IN GENERAL.—If the Secretary receives a count, credit card, charge card, debit card, or request for a waiver under section 313(b) of highway and highway safety construc- similar credit or debit financial instrument, title 23, United States Code, or under section tion programs, and for other purposes; involves any such jurisdiction or institution, 24305(f)(4) or 24405(a)(2) of title 49, United which was ordered to lie on the table; or if any such transaction may be conducted States Code, the Secretary shall provide no- as follows: through such correspondent account, pay- tice of, and an opportunity for public com- At the appropriate place, insert the fol- able-through account, credit card, charge ment on, the request not later than 15 days lowing: card, debit card, or similar credit or debit fi- before making a finding based on such re- SEC. llll. CREDIT TO HOLDERS OF TRIP nancial instrument.’’; and quest. BONDS. (8) in subsection (c)(1), by inserting ‘‘or is (2) NOTICE REQUIREMENTS.—Each notice (a) SHORT TITLE.—This section may be significantly impeding United States tax en- provided under paragraph (1)— cited as the ‘‘Transportation and Regional forcement’’ after ‘‘primary money laun- (A) shall include the information available Infrastructure Project Bonds Act of 2012’’ or dering concern’’; to the Secretary concerning the request, in- ‘‘TRIP Bonds Act’’.

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.033 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1469

(b) IN GENERAL.—Subpart I of part IV of ‘‘(4) CARRYOVER OF UNUSED ISSUANCE LIMI- ‘‘(A) the revenues resulting from the impo- subchapter A of chapter 1 of the Internal TATION.—If for any calendar year the TRIP sition of fees pursuant to section 13031 of the Revenue Code of 1986 is amended by adding bond limitation amount under paragraph (2) Consolidated Omnibus Budget Reconciliation at the end the following new section: exceeds the amount of TRIP bonds issued Act of 1985 (19 U.S.C. 58c) for fiscal years be- ‘‘SEC. 54G. TRIP BONDS. during such year, such excess shall be car- ginning after September 30, 2021, or ‘‘(a) TRIP BOND.—For purposes of this sub- ried forward to 1 or more succeeding cal- ‘‘(B) $10,000,000,000. part, the term ‘TRIP bond’ means any bond endar years as an addition to the TRIP bond ‘‘(3) USE OF FUNDS.—Amounts in each TRIP issued as part of an issue if— limitation amount under paragraph (2) for Bonds Trust Account may be used only to ‘‘(1) 100 percent of the available project such succeeding calendar year and until used pay costs of qualified projects and redeem proceeds of such issue are to be used for ex- by issuance of TRIP bonds. TRIP bonds, except that amounts withdrawn penditures incurred after the date of the en- ‘‘(e) SPECIAL RULES RELATING TO EXPENDI- from the TRIP Bonds Trust Account to pay actment of this section for 1 or more quali- TURES.— costs of qualified projects may not exceed fied projects pursuant to an allocation of ‘‘(1) IN GENERAL.—An issue shall be treated the proceeds from the sale of TRIP bonds de- such proceeds to such project or projects by as meeting the requirements of this sub- scribed in subsection (a)(1). a State infrastructure bank, section if, as of the date of issuance, the ‘‘(4) USE OF REMAINING FUNDS IN TRIP BONDS ‘‘(2) the bond is issued by a State infra- State infrastructure bank reasonably ex- TRUST ACCOUNT.—Upon the redemption of all TRIP bonds issued by the State infrastruc- structure bank and is in registered form pects— ture bank under this section, any remaining (within the meaning of section 149(a)), ‘‘(A) at least 100 percent of the available amounts in the TRIP Bonds Trust Account ‘‘(3) the State infrastructure bank des- project proceeds of such issue are to be spent held by such bank shall be available to pay ignates such bond for purposes of this sec- for 1 or more qualified projects within the 5- the costs of any qualified project in such tion, year expenditure period beginning on such State. ‘‘(4) the term of each bond which is part of date, ‘‘(5) APPLICABILITY OF FEDERAL LAW.—The such issue does not exceed 30 years, ‘‘(B) to incur a binding commitment with a requirements of any Federal law, including ‘‘(5) the issue meets the requirements of third party within the 12-month period be- titles 23, 40, and 49 of the United States Code, subsection (e), ginning on such date— which would otherwise apply to projects to ‘‘(6) the State infrastructure bank certifies ‘‘(i) to spend at least 10 percent of the pro- which the United States is a party or to that the State meets the State contribution ceeds of such issue, or funds made available under such law and requirement of subsection (h) with respect to ‘‘(ii) to commence construction with re- projects assisted with those funds shall apply such project, as in effect on the date of spect to any qualified project or combination to— issuance, and of qualified projects the costs of which ac- ‘‘(A) funds made available under each TRIP ‘‘(7) the State infrastructure bank certifies count for at least 10 percent of the proceeds Bonds Trust Account for similar qualified the State meets the requirement described of such issue, and projects, other than contributions required in subsection (i). ‘‘(C) to proceed with due diligence to com- under subsection (h), and ‘‘(b) QUALIFIED PROJECT.—For purposes of plete such projects and to spend the proceeds ‘‘(B) similar qualified projects assisted this section— of such issue. through the use of such funds. ‘‘(1) IN GENERAL.—The term ‘qualified ‘‘(2) RULES REGARDING CONTINUING COMPLI- ‘‘(6) INVESTMENT.—Subject to subsections project’ means the capital improvements to ANCE AFTER 5-YEAR DETERMINATION.—To the (e) and (f), it shall be the duty of the State any transportation infrastructure project of extent that less than 100 percent of the avail- infrastructure bank to invest in investment any governmental unit or other person, in- able project proceeds of such issue are ex- grade obligations such portion of the TRIP cluding roads, bridges, rail and transit sys- pended by the close of the 5-year expenditure Bonds Trust Account held by such Bank as is tems, ports, and inland waterways proposed period beginning on the date of issuance, the not, in the judgment of such bank, required and approved by a State infrastructure bank, State infrastructure bank shall redeem all of to meet current withdrawals. To the max- but does not include costs of operations or the nonqualified bonds within 90 days after imum extent practicable, investments maintenance with respect to such project. the end of such period. For purposes of this should be made in securities that support in- ‘‘(2) CERTAIN PROJECTS.—Such term also in- paragraph, the amount of the nonqualified frastructure investment at the State and cludes any flood damage risk reduction bonds required to be redeemed shall be deter- local level. project with a completed Report of the Chief mined in the same manner as under section ‘‘(h) STATE CONTRIBUTION REQUIREMENTS.— of Engineers, with the proceeds of issued 142. ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(f) RECAPTURE OF PORTION OF CREDIT bonds available for a State to provide to the section (a)(6), the State contribution re- WHERE CESSATION OF COMPLIANCE.—If any United States Army Corps of Engineers quirement of this subsection is met with re- bond which when issued purported to be a (under section 5 of the Act entitled ‘An Act spect to any qualified project if the State in- TRIP bond ceases to be such a bond, the authorizing the construction of certain pub- frastructure bank has received for deposit State infrastructure bank shall pay to the lic works on rivers and harbors for flood con- into the TRIP Bonds Trust Account held by United States (at the time required by the trol, and for other purposes,’ approved June such bank from 1 or more States, not later Secretary) an amount equal to the sum of— 22, 1936 (33 U.S.C. 701h)) funds in excess of than the date of issuance of the bond, the ‘‘(1) the aggregate of the credits allowable any required non-Federal cost share for such first of 10 equal annual installments consti- under section 54A with respect to such bond project. tuting one-tenth of the contributions of not (determined without regard to section ‘‘(c) APPLICABLE CREDIT RATE.—In lieu of less than 20 percent (or such smaller percent- 54A(c)) for taxable years ending during the section 54A(b)(3), for purposes of section age for such State as determined under sec- calendar year in which such cessation occurs 54A(b)(2), the applicable credit rate with re- tion 120(b) of title 23, United States Code) of and each succeeding calendar year ending spect to an issue under this section is the the cost of the qualified project. rate equal to an average market yield (as of with the calendar year in which such bond is ‘‘(2) STATE CONTRIBUTIONS MAY NOT INCLUDE the day before the date of sale of the issue) redeemed by the bank, and FEDERAL FUNDS.—For purposes of this sub- ‘‘(2) interest at the underpayment rate on outstanding long-term corporate debt ob- section, State contributions shall not be de- under section 6621 on the amount determined ligations (determined in such manner as the rived, directly or indirectly, from Federal under paragraph (1) for each calendar year Secretary prescribes). funds, including any transfers from the High- for the period beginning on the first day of ‘‘(d) LIMITATION ON AMOUNT OF BONDS DES- way Trust Fund under section 9503. IGNATED.— such calendar year. ‘‘(3) REQUIREMENTS IN LIEU OF ANY OTHER ‘‘(1) IN GENERAL.—The maximum aggregate ‘‘(g) TRIP BONDS TRUST ACCOUNTS.— MATCHING CONTRIBUTION REQUIREMENTS.—For face amount of bonds which may be des- ‘‘(1) IN GENERAL.—The following amounts purposes of subsection (g)(5), the State con- ignated under subsection (a) by any State in- shall be held in a TRIP Bonds Trust Account tribution requirement of this subsection frastructure bank shall not exceed the TRIP by each State infrastructure bank: shall be in lieu of any other State matching bond limitation amount allocated to such ‘‘(A) The proceeds from the sale of all contribution requirement under any other bank under paragraph (3). bonds issued by such bank under this sec- Federal law. ‘‘(2) NATIONAL LIMITATION AMOUNT.—There tion. ‘‘(i) UTILIZATION OF UPDATED CONSTRUCTION is a TRIP bond limitation amount for each ‘‘(B) The investment earnings on proceeds TECHNOLOGY FOR QUALIFIED PROJECTS.—For calendar year. Such limitation amount is— from the sale of such bonds. purposes of subsection (a)(7), the require- ‘‘(A) $2,000,000,000 for 2013, ‘‘(C) 2 percent of the amount described in ment of this subsection is met if the appro- ‘‘(B) $3,000,000,000 for 2014, paragraph (2). priate State agency relating to the qualified ‘‘(C) $5,000,000,000 for 2015, and ‘‘(D) The amounts described in subsection project is utilizing updated construction ‘‘(D) except as provided in paragraph (4), (h). technologies. zero thereafter. ‘‘(E) Any earnings on any amounts de- ‘‘(j) OTHER DEFINITIONS AND SPECIAL ‘‘(3) ALLOCATIONS TO STATES.—The TRIP scribed in subparagraph (A), (B), (C), or (D). RULES.—For purposes of this section— bond limitation amount for each calendar ‘‘(2) APPROPRIATION OF REVENUES.—There is ‘‘(1) STATE INFRASTRUCTURE BANK.— year shall be allocated by the Secretary hereby transferred to each TRIP Bonds Trust ‘‘(A) IN GENERAL.—The term ‘State infra- among the States such that each State is al- Account an amount equal to 2 percent of the structure bank’ means a State infrastructure located 2 percent of such amount. lesser of— bank established under section 610 of title 23,

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.032 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1470 CONGRESSIONAL RECORD — SENATE March 7, 2012 United States Code, and includes a joint ven- construction programs, and for other SEC. 1602. GULF COAST RESTORATION TRUST ture among 2 or more State infrastructure purposes; which was ordered to lie on FUND. (a) ESTABLISHMENT.—There is established banks. Such term also includes, during the the table; as follows: period beginning on the date of the enact- in the Treasury of the United States a trust ment of this section and ending on the last At the end of title II of division D, insert fund to be known as the ‘‘Gulf Coast Res- day of the first Federal fiscal year that be- the following: toration Trust Fund’’ (referred to in this sec- gins after such date of enactment, with re- SEC. lllll. MODIFICATION AND EXTENSION tion as the ‘‘Trust Fund’’), consisting of such spect to any State that has not established a OF ALTERNATIVE FUEL CREDIT. amounts as are deposited in the Trust Fund State infrastructure bank prior to such date (a) ALTERNATIVE FUEL CREDIT.—Paragraph under this subtitle or any other provision of of enactment, the State Department of (5) of section 6426(d) of the Internal Revenue law. Transportation of such State. Code of 1986 is amended by inserting ‘‘, and (b) TRANSFERS.—The Secretary of the ‘‘(B) SPECIAL AUTHORITY.—Notwithstanding December 31, 2016, in the case of any sale or Treasury shall deposit in the Trust Fund an any other provision of law, a State infra- use involving liquefied petroleum gas’’ after amount equal to 80 percent of all administra- structure bank shall be authorized to per- ‘‘hydrogen’’. tive and civil penalties paid by responsible form any of the functions necessary to carry (b) ALTERNATIVE FUEL MIXTURE CREDIT.— parties after the date of enactment of this out the purposes of this section, including Paragraph (3) of section 6426(e) of the Inter- Act in connection with the explosion on, and the making of direct grants to qualified nal Revenue Code of 1986 is amended by in- sinking of, the mobile offshore drilling unit projects from available project proceeds of serting ‘‘, and December 31, 2016, in the case Deepwater Horizon pursuant to a court TRIP bonds issued by such bank. of any sale or use involving liquefied petro- order, negotiated settlement, or other in- ‘‘(2) CREDITS MAY BE TRANSFERRED.—Noth- leum gas’’ after ‘‘hydrogen’’. strument in accordance with section 311 of ing in any law or rule of law shall be con- (c) PAYMENTS RELATING TO ALTERNATIVE the Federal Water Pollution Control Act (33 strued to limit the transferability of the FUEL AND ALTERNATIVE FUEL MIXTURES.— U.S.C. 1321). credit or bond allowed by this section Paragraph (6) of section 6427(e) of the Inter- (c) EXPENDITURES.—Amounts in the Trust through sale and repurchase agreements. nal Revenue Code of 1986 is amended— Fund, including interest earned on advances (1) in subparagraph (C)— to the Trust Fund and proceeds from invest- ‘‘(3) PROHIBITION ON USE OF HIGHWAY TRUST (A) by striking ‘‘subparagraph (D)’’ in sub- ment under subsection (d), shall— FUND.—Notwithstanding any other provision of law, no funds derived from the Highway paragraph (C) and inserting ‘‘subparagraphs (1) be available for expenditure, without Trust Fund established under section 9503 (D) and (E)’’, and further appropriation, solely for the purpose shall be used to pay for credits under this (B) by striking ‘‘and’’ at the end thereof, and eligible activities of this subtitle; and section.’’. (2) by striking the period at the end of sub- (2) remain available until expended, with- (c) CONFORMING AMENDMENTS.— paragraph (D) and inserting ‘‘, and’’, and out fiscal year limitation. (1) Paragraph (1) of section 54A(d) of the (3) by adding at the end the following: (d) INVESTMENT.—Amounts in the Trust Internal Revenue Code of 1986 is amended— ‘‘(E) any alternative fuel or alternative Fund shall be invested in accordance with (A) by striking ‘‘or’’ at the end of subpara- fuel mixture (as so defined) involving lique- section 9702 of title 31, United States Code, graph (D), fied petroleum gas sold or used after Decem- and any interest on, and proceeds from, any (B) by inserting ‘‘or’’ at the end of subpara- ber 31, 2016.’’. such investment shall be available for ex- graph (E), (d) EFFECTIVE DATE.—The amendments penditure in accordance with this subtitle (C) by inserting after subparagraph (E) the made by this section shall apply to liquefied and the amendments made by this subtitle. (e) ADMINISTRATION.—Not later than 180 following new subparagraph: petroleum gas sold or used after the date of days after the date of enactment of this Act, ‘‘(F) a TRIP bond,’’, and the enactment of this Act. after providing notice and an opportunity for (D) by inserting ‘‘(paragraphs (3), (4), and SEC. lllll. EXTENSION AND MODIFICATION public comment, the Secretary of the Treas- (6), in the case of a TRIP bond)’’ after ‘‘and OF NEW QUALIFIED ALTERNATIVE ury, in consultation with the Secretary of (6)’’. FUEL MOTOR VEHICLE CREDIT. the Interior and the Secretary of Commerce, (2) Subparagraph (C) of section 54A(d)(2) of (a) IN GENERAL.—Paragraph (4) of section shall establish such procedures as the Sec- such Code is amended by striking ‘‘and’’ at 30B(k) of the Internal Revenue Code of 1986 is retary determines to be necessary to deposit the end of clause (iv), by striking the period amended by inserting ‘‘(December 31, 2016, in amounts in, and expend amounts from, the at the end of clause (v) and inserting ‘‘, and’’, the case of a vehicle powered by liquefied pe- Trust Fund pursuant to this subtitle, includ- and by adding at the end the following new troleum gas)’’ before the period at the end. ing— clause: (b) EFFECTIVE DATE.—The amendment (1) procedures to assess whether the pro- ‘‘(vi) in the case of a TRIP bond, a purpose made by this section shall apply to property grams and activities carried out under this specified in section 54G(a)(1).’’. placed in service after the date of the enact- subtitle and the amendments made by this (d) CLERICAL AMENDMENT.—The table of ment of this Act. sections for subpart I of part IV of sub- SEC. lllll. EXTENSION OF ALTERNATIVE subtitle achieve compliance with applicable chapter A of chapter 1 of the Internal Rev- FUEL VEHICLE REFUELING PROP- requirements, including procedures by which enue Code of 1986 is amended by adding at ERTY CREDIT. the Secretary of the Treasury may deter- the end the following new item: (a) IN GENERAL.—Subsection (g) of section mine whether an expenditure by a Gulf Coast 30C of the Internal Revenue Code of 1986 is State or coastal political subdivision (as ‘‘Sec. 54G. TRIP bonds.’’. amended by striking ‘‘and’’ at the end of those terms are defined in section 311 of the (e) EFFECTIVE DATE.—The amendments paragraph (1), by redesignating paragraph (2) Federal Water Pollution Control Act (33 made by this section shall apply to bonds as paragraph (3), and by inserting after para- U.S.C. 1321)) pursuant to such a program or issued after December 31, 2012. graph (1) the following new paragraph: activity achieves compliance; (f) EXTENSION OF CUSTOMS USER FEES.— ‘‘(2) in the case of property relating to liq- (2) auditing requirements to ensure that Section 13031(j)(3) of the Consolidated Omni- uefied petroleum gas, after December 31, amounts in the Trust Fund are expended as bus Budget Reconciliation Act of 1985 (19 2016, and’’. intended; and U.S.C. 58c(j)(3)) is amended by adding at the (b) EFFECTIVE DATE.—The amendments (3) procedures for identification and alloca- end the following: made by this section shall apply to property tion of funds available to the Secretary ‘‘(E)(i) Notwithstanding subparagraph (A), placed in service after the date of the enact- under other provisions of law that may be fees may be charged under paragraphs (9) and ment of this Act. necessary to pay the administrative expenses (10) of subsection (a) during the period begin- directly attributable to the management of ning on October 1, 2021, and ending on Octo- SA 1822. Mr. NELSON of Florida (for the Trust Fund. ber 1, 2023. ‘‘(ii) Notwithstanding subparagraph (B)(i), himself, Mrs. SHAHEEN, and Ms. LAN- SEC. 1603. GULF COAST NATURAL RESOURCES DRIEU) submitted an amendment in- RESTORATION AND ECONOMIC RE- fees may be charged under paragraphs (1) COVERY. through (8) of subsection (a) during the pe- tended to be proposed by him to the Section 311 of the Federal Water Pollution riod beginning on October 1, 2021, and ending bill S. 1813, to reauthorize Federal-aid Control Act (33 U.S.C. 1321) is amended— on October 1, 2023.’’. highway and highway safety construc- (1) in subsection (a)— (g) REDUCTION IN NATIONAL LIMITATION ON tion programs, and for other purposes; (A) in paragraph (25)(B), by striking ‘‘and’’ AMOUNT OF QUALIFIED ENERGY CONSERVATION which was ordered to lie on the table; at the end; BONDS DESIGNATED.—Subsection (d) of sec- as follows: (B) in paragraph (26)(D), by striking the pe- tion 54D of the Internal Revenue Code of 1986 riod at the end and inserting a semicolon; is amended by striking ‘‘$3,200,000,000’’ and At the end of title I of division A, add the following: and inserting ‘‘$1,200,000,000’’. (C) by adding at the end the following: Subtitle F—Gulf Coast Restoration ‘‘(27) the term ‘Chairperson’ means the SA 1821. Mr. CARDIN (for himself SEC. 1601. SHORT TITLE. Chairperson of the Council; and Mr. BLUNT) submitted an amend- This subtitle may be cited as the ‘‘Re- ‘‘(28) the term ‘coastal political subdivi- ment intended to be proposed by him sources and Ecosystems Sustainability, sion’ means any local political jurisdiction to the bill S. 1813, to reauthorize Fed- Tourist Opportunities, and Revived Econo- that is immediately below the State level of eral-aid highway and highway safety mies of the Gulf Coast States Act of 2012’’. government, including a county, parish, or

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.032 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1471 borough, with a coastline that is contiguous tivities and the impacts of the Deepwater ‘‘(bb) 40 percent based on the weighted av- with any portion of the United States Gulf of Horizon oil spill or promotion of the long- erage of the population of the parish. Mexico; term ecological or economic recovery of the ‘‘(cc) 20 percent based on the weighted av- ‘‘(29) the term ‘Comprehensive Plan’ means Gulf Coast ecosystem through the funding of erage of the land mass of the parish. the comprehensive plan developed by the infrastructure projects. ‘‘(iv) CONDITIONS.— Council pursuant to subsection (t); ‘‘(XI) Coastal flood protection and infra- ‘‘(I) LAND USE PLAN.—As a condition of re- ‘‘(30) the term ‘Council’ means the Gulf structure directly affected by coastal wet- ceiving amounts allocated under clause (iii), Coast Ecosystem Restoration Council estab- land losses, beach erosion, or the impacts of the chief executive of the eligible parish lished pursuant to subsection (t); the Deepwater Horizon oil spill. shall certify to the Governor of the State ‘‘(31) the term ‘Deepwater Horizon oil spill’ ‘‘(XII) Administrative costs of complying that the parish has completed a comprehen- means the blowout and explosion of the mo- with this subsection. sive land use plan. bile offshore drilling unit Deepwater Horizon ‘‘(ii) LIMITATION.— ‘‘(II) OTHER CONDITIONS.—A coastal polit- that occurred on April 20, 2010, and resulting ‘‘(I) IN GENERAL.—Of the amounts received ical subdivision receiving funding under this hydrocarbon releases into the environment; by a Gulf State under this subsection not subsection shall meet all of the conditions in ‘‘(32) the term ‘Gulf Coast ecosystem’ more than 3 percent may be used for admin- subparagraph (D). means— istrative costs eligible under clause (i)(XII). ‘‘(D) CONDITIONS.—As a condition of receiv- ‘‘(A) in the Gulf Coast States, the coastal ‘‘(II) PROHIBITION ON USE FOR IMPORTED ing amounts from the Trust Fund, a Gulf zones (as that term is defined in section 304 SEAFOOD.—None of the funds made available of the Coastal Zone Management Act of 1972 under this subsection shall be used for any Coast State, including the entities described (16 U.S.C. 1453), except that, in this section, program to support or promote imported sea- in subparagraph (E), or a coastal political the term ‘coastal zones’ includes land within food or any seafood product that is not har- subdivision shall— the coastal zones that is held in trust by, or vested from the Gulf Coast ecosystem. ‘‘(i) agree to meet such conditions, includ- the use of which is by law subject solely to ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— ing audit requirements, as the Secretary of the discretion of, the Federal Government or ‘‘(i) IN GENERAL.—In the case of a State the Treasury determines necessary to ensure officers or agents of the Federal Govern- where the coastal zone includes the entire that amounts disbursed from the Trust Fund ment) that border the Gulf of Mexico; State— will be used in accordance with this sub- ‘‘(B) any adjacent land, water, and water- ‘‘(I) 75 percent of funding shall be provided section; sheds, that are within 25 miles of the coastal to the 8 disproportionally affected counties ‘‘(ii) certify in such form and in such man- zones described in subparagraph (A) of the impacted by the Deepwater Horizon Oil Spill; ner as the Secretary of the Treasury deter- Gulf Coast States; and and mines necessary that the project or program ‘‘(C) all Federal waters in the Gulf of Mex- ‘‘(II) 25 percent shall be provided to nondis- for which the Gulf Coast State or coastal po- ico; proportionately impacted counties within litical subdivision is requesting amounts— ‘‘(33) the term ‘Gulf Coast State’ means the State. ‘‘(I) is designed to restore and protect the any of the States of Alabama, Florida, Lou- ‘‘(ii) FLORIDA.— natural resources, ecosystems, fisheries, ma- isiana, Mississippi, and Texas; and ‘‘(I) DISPROPORTIONALLY AFFECTED COUN- rine and wildlife habitats, beaches, coastal ‘‘(34) the term ‘Trust Fund’ means the Gulf TIES.—Of the total amounts made available wetlands, or economy of the Gulf Coast; Coast Restoration Trust Fund established to counties in the State of Florida under ‘‘(II) carries out 1 or more of the activities pursuant to section 1602 of the Resources and clause (i)(I)— described in subparagraph (B)(i); Ecosystems Sustainability, Tourist Opportu- ‘‘(aa) 10 percent shall be distributed equal- ‘‘(III) was selected based on meaningful nities, and Revived Economies of the Gulf ly among the 8 disproportionately affected input from the public, including broad-based Coast States Act of 2012.’’; counties; and participation from individuals, businesses, (2) in subsection (s), by inserting ‘‘except ‘‘(bb) 90 percent shall be distributed to the and nonprofit organizations; and as provided in subsection (t)’’ before the pe- 8 disproportionately affected counties in ac- ‘‘(IV) in the case of a natural resource pro- riod at the end; and cordance with the following weighted for- tection or restoration project, is based on (3) by adding at the end the following: mula: the best available science; ‘‘(t) GULF COAST RESTORATION AND RECOV- ‘‘(AA) 30 percent based on the weighted av- ‘‘(iii) certify that the project or program ERY.— erage of the county shoreline oiled. and the awarding of a contract for the ex- ‘‘(1) STATE ALLOCATION AND EXPENDI- ‘‘(BB) 30 percent based on the weighted av- penditure of amounts received under this TURES.— erage of the county per capita sales tax col- subsection are consistent with the standard ‘‘(A) IN GENERAL.—Of the total amounts lections estimated for the fiscal year ending procurement rules and regulations governing made available in any fiscal year from the September 30, 2012. a comparable project or program in that Trust Fund, 35 percent shall be available, in ‘‘(CC) 20 percent based on the weighted av- State, including all applicable competitive accordance with the requirements of this erage of the population of the county. bidding and audit requirements; and section, to the Gulf Coast States in equal ‘‘(DD) 20 percent based on the inverse pro- ‘‘(iv) develop and submit a multiyear im- shares for expenditure for ecological and eco- portion of the weighted average distance plementation plan for use of those funds. nomic restoration of the Gulf Coast eco- from the Deepwater Horizon oil rig to each ‘‘(E) APPROVAL BY STATE ENTITY, TASK system in accordance with this subsection. of the nearest and farthest points of the FORCE, OR AGENCY.—The following Gulf Coast ‘‘(B) USE OF FUNDS.— shoreline. State entities, task forces, or agencies shall ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts pro- ‘‘(II) NONDISPROPORTIONATELY IMPACTED vided to the Gulf States under this sub- COUNTIES.—The total amounts made avail- carry out the duties of a Gulf Coast State section may only be used to carry out 1 or able to coastal political subdivisions in the pursuant to this paragraph: more of the following activities: State of Florida under clause (i)(II) shall be ‘‘(i) ALABAMA.— ‘‘(I) Coastal restoration projects and ac- distributed according to the following ‘‘(I) IN GENERAL.—In the State of Alabama, tivities, including conservation and coastal weighted formula: the Alabama Gulf Coast Recovery Council, land acquisition. ‘‘(aa) 34 percent based on the weighted av- which shall be comprised of only the fol- ‘‘(II) Mitigation of damage to, and restora- erage of the population of the county. lowing: tion of, fish, wildlife, or natural resources. ‘‘(bb) 33 percent based on the weighted av- ‘‘(aa) The Governor of Alabama, who shall ‘‘(III) Implementation of a federally ap- erage of the county per capita sales tax col- also serve as Chairperson and preside over proved marine, coastal, or comprehensive lections estimated for the fiscal year ending the meetings of the Alabama Gulf Coast Re- conservation management plan, including September 30, 2012. covery Council. fisheries monitoring. ‘‘(cc) 33 percent based on the inverse pro- ‘‘(bb) The Director of the Alabama State ‘‘(IV) Programs to promote tourism in a portion of the weighted average distance Port Authority, who shall also serve as Vice Gulf Coast State, including recreational fish- from the Deepwater Horizon oil rig to each Chairperson and preside over the meetings of ing. of the nearest and farthest points of the the Alabama Gulf Coast Recovery Council in ‘‘(V) Programs to promote the consump- shoreline. the absence of the Chairperson. tion of seafood produced from the Gulf Coast ‘‘(iii) LOUISIANA.—Of the total amounts ‘‘(cc) The Chairman of the Baldwin County ecosystem. made available to the State of Louisiana Commission. ‘‘(VI) Programs to promote education re- under this paragraph: ‘‘(dd) The President of the Mobile County garding the natural resources of the Gulf ‘‘(I) 70 percent shall be provided directly to Commission. Coast ecosystem. the State in accordance with this subsection. ‘‘(ee) The Mayor of the city of Bayou La ‘‘(VII) Planning assistance. ‘‘(II) 30 percent shall be provided directly Batre. ‘‘(VIII) Workforce development and job to parishes in the coastal zone (as defined in ‘‘(ff) The Mayor of the town of Dauphin Is- creation. section 304 of the Coastal Zone Management land. ‘‘(IX) Improvements to or upon State parks Act of 1972 (16 U.S.C. 1453)) of the State of ‘‘(gg) The Mayor of the city of Fairhope. located in coastal areas affected by the Louisiana according to the following weight- ‘‘(hh) The Mayor of the city of Gulf Shores. Deepwater Horizon oil spill. ed formula: ‘‘(ii) The Mayor of the city of Mobile. ‘‘(X) Mitigation of the ecological and eco- ‘‘(aa) 40 percent based on the weighted av- ‘‘(jj) The Mayor of the city of Orange nomic impact of outer Continental Shelf ac- erage of miles of the parish shoreline oiled. Beach.

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.034 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1472 CONGRESSIONAL RECORD — SENATE March 7, 2012

‘‘(II) VOTE.—Each member of the Alabama ‘‘(ii) EFFECT ON OTHER FUNDS.—The use of ‘‘(IX) The Governor of the State of Florida. Gulf Coast Recovery Council shall be enti- funds made available from the Trust Fund to ‘‘(X) The Governor of the State of Lou- tled to 1 vote. satisfy the non-Federal share of the cost of a isiana. ‘‘(III) MAJORITY VOTE.—All decisions of the project or program that meets the require- ‘‘(XI) The Governor of the State of Mis- Alabama Gulf Coast Recovery Council shall ments of clause (i) shall not affect the pri- sissippi. be made by majority vote. ority in which other Federal funds are allo- ‘‘(XII) The Governor of the State of Texas. ‘‘(ii) LOUISIANA.—In the State of Louisiana, cated or awarded. ‘‘(iii) ALTERNATE.—A Governor appointed the Coastal Protection and Restoration Au- ‘‘(L) LOCAL PREFERENCE.—In awarding con- to the Council by the President may des- thority of Louisiana. tracts to carry out a project or program ignate an alternate to represent the Gov- ‘‘(iii) MISSISSIPPI.—In the State of Mis- under this subsection, a Gulf Coast State or ernor on the Council and vote on behalf of sissippi, the Mississippi Department of Envi- coastal political subdivision may give a pref- the Governor. ronmental Quality. erence to individuals and companies that re- ‘‘(iv) CHAIRPERSON.—From among the Fed- ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI- side in, are headquartered in, or are prin- eral agency members of the Council, the rep- TIES.—If the Secretary of the Treasury deter- cipally engaged in business in, a Gulf Coast resentatives of States on the Council shall mines that an expenditure by a Gulf Coast State. select, and the President shall appoint, 1 State or coastal political subdivision of ‘‘(M) UNUSED FUNDS.—Any Funds not iden- amounts made available under this sub- tified in an implementation plan by a State Federal member to serve as Chairperson of section does not meet 1 of the activities de- or coastal political subdivision in accordance the Council. scribed in subparagraph (B)(i), the Secretary with subparagraph (D)(iv) shall remain in ‘‘(v) PRESIDENTIAL APPOINTMENT.—All shall make no additional amounts from the the Trust Fund until such time as the State Council members shall be appointed by the Trust Fund available to that Gulf Coast or coastal political subdivision to which the President. State or coastal political subdivision until funds have been allocated develops and sub- ‘‘(vi) COUNCIL ACTIONS.— such time as an amount equal to the amount mits a plan identifying uses for those funds ‘‘(I) IN GENERAL.—Subject to subclause expended for the unauthorized use— in accordance with subparagraph (D)(iv). (IV), significant actions by the Council shall ‘‘(i) has been deposited by the Gulf Coast ‘‘(N) JUDICIAL REVIEW.—If the Secretary of require the affirmative vote of the Federal State or coastal political subdivision in the the Treasury determines that a Gulf Coast Chairperson and a majority of the State Trust Fund; or State or coastal political subdivision does members to be effective. ‘‘(ii) has been authorized by the Secretary not meet the requirements of this sub- ‘‘(II) INCLUSIONS.—Significant actions in- of the Treasury for expenditure by the Gulf section, including the conditions of subpara- clude but are not limited to— Coast State or coastal political subdivision graph (D), the Gulf Coast State or coastal ‘‘(aa) approval of a Comprehensive Plan for a project or program that meets the re- political subdivision may obtain expedited and future revisions to a Comprehensive quirements of this subsection. judicial review within 90 days of that deci- Plan; ‘‘(G) COMPLIANCE WITH CONDITIONS.—If the sion in a district court of the United States, ‘‘(bb) approval of State plans pursuant to Secretary of the Treasury determines that a of appropriate jurisdiction and venue, that is paragraph (3)(B)(iv); and Gulf Coast State or coastal political subdivi- located within the State seeking such re- ‘‘(cc) approval of reports to Congress pur- sion does not meet the requirements of this view. suant to clause (vii)(X). subsection, including the conditions of sub- ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA- ‘‘(III) QUORUM.—A quorum of State mem- paragraph (D), where applicable, the Sec- TION.— bers shall be required to be present for the retary of the Treasury shall make no ‘‘(A) IN GENERAL.—Of the total amount Council to take any significant action. amounts from the Trust Fund available to made available in any fiscal year from the ‘‘(IV) AFFIRMATIVE VOTE REQUIREMENT that Gulf Coast State or coastal political Trust Fund, 60 percent shall be disbursed to DEEMED MET.—For approval of State plans subdivision until all conditions of this sub- the Council to carry out the Comprehensive pursuant to paragraph (3)(B)(iv), the certifi- section are met. Plan. cation by a State member of the Council ‘‘(H) PUBLIC INPUT.—In meeting any condi- ‘‘(B) COUNCIL EXPENDITURES.— that the plan satisfies all requirements of tion of this subsection, a Gulf Coast State ‘‘(i) IN GENERAL.—In accordance with this clauses (i) and (ii) of paragraphs (3)(B), when may use an appropriate procedure for public paragraph, the Council shall expend funds joined by an affirmative vote of the Federal consultation in that Gulf Coast State, in- made available from the Trust Fund to un- Chairperson of the Council, is deemed to sat- cluding consulting with 1 or more estab- dertake projects and programs that would isfy the requirements for affirmative votes lished task forces or other entities, to de- restore and protect the natural resources, under subclause (I). velop recommendations for proposed projects ecosystems, fisheries, marine and wildlife ‘‘(V) PUBLIC TRANSPARENCY.—Appropriate and programs that would restore and protect habitats, beaches, coastal wetlands, and actions of the Council, including votes on the natural resources, ecosystems, fisheries, economy of the Gulf Coast. significant actions and associated delibera- marine and wildlife habitats, beaches, coast- ‘‘(ii) ALLOCATION AND EXPENDITURE PROCE- tions, shall be made available to the public. al wetlands, and economy of the Gulf Coast. DURES.—The Secretary of the Treasury shall ‘‘(vii) DUTIES OF COUNCIL.—The Council ‘‘(I) PREVIOUSLY APPROVED PROJECTS AND develop such conditions, including audit re- shall— PROGRAMS.—A Gulf Coast State or coastal quirements, as the Secretary of the Treasury ‘‘(I) develop the Comprehensive Plan, and political subdivision shall be considered to determines necessary to ensure that have met the conditions of subparagraph (D) amounts disbursed from the Trust Fund to future revisions to the Comprehensive Plan; for a specific project or program if, before the Council to implement the Comprehensive ‘‘(II) identify as soon as practicable the the date of enactment of the Resources and Plan will be used in accordance with this projects that— Ecosystems Sustainability, Tourist Opportu- paragraph. ‘‘(aa) have been authorized prior to the nities, and Revived Economies of the Gulf ‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the date of enactment of this subsection but not Coast States Act of 2012— amounts received by the Council under this yet commenced; and ‘‘(i) the Gulf Coast State or coastal polit- subsection, not more than 3 percent may be ‘‘(bb) if implemented quickly, would re- ical subdivision has established conditions used for administrative expenses, including store and protect the natural resources, eco- for carrying out projects and programs that staff. systems, fisheries, marine and wildlife habi- are substantively the same as the conditions ‘‘(C) GULF COAST ECOSYSTEM RESTORATION tats, beaches, barrier islands, dunes, and described in subparagraph (D); and COUNCIL.— coastal wetlands of the Gulf Coast eco- ‘‘(ii) the applicable project or program car- ‘‘(i) ESTABLISHMENT.—There is established system; ries out 1 or more of the activities described as an independent entity in the Federal Gov- ‘‘(III) coordinate the development of con- in subparagraph (B)(ii). ernment a council to be known as the ‘Gulf sistent policies, strategies, plans, and activi- ‘‘(J) CONSULTATION WITH COUNCIL.—In car- Coast Ecosystem Restoration Council’. ties by Federal agencies, State and local rying out this subsection, each Gulf Coast ‘‘(ii) MEMBERSHIP.—The Council shall con- governments, and private sector entities for State shall seek the input of the Chairperson sist of the following members, or in the case addressing the restoration and protection of of the Council to identify large-scale of a Federal agency, a designee at the level the Gulf Coast ecosystem; projects that may be jointly supported by of the Assistant Secretary or the equivalent: ‘‘(IV) establish such other advisory com- that Gulf Coast State and by the Council ‘‘(I) The Chair of the Council on Environ- mittee or committees as may be necessary to pursuant to the Comprehensive Plan with mental Quality. assist the Council, including a scientific ad- amounts provided under this subsection. ‘‘(II) The Secretary of the Interior. visory committee and a committee to advise ‘‘(K) NON-FEDERAL MATCHING FUNDS.— ‘‘(III) The Secretary of the Army. the Council on public policy issues; ‘‘(i) IN GENERAL.—A Gulf Coast State or ‘‘(IV) The Secretary of Commerce. ‘‘(V) coordinate scientific and other re- coastal political subdivision may use, in ‘‘(V) The Administrator of the Environ- search associated with restoration of the whole or in part, amounts made available to mental Protection Agency. Gulf Coast ecosystem, including research, that Gulf Coast State from the Trust Fund ‘‘(VI) The Secretary of Agriculture. observation, and monitoring carried out pur- to satisfy the non-Federal share of the cost ‘‘(VII) The head of the department in suant to section 1604 of the Resources and of any project or program authorized by Fed- which the Coast Guard is operating. Ecosystems Sustainability, Tourist Opportu- eral law that meets the eligible use require- ‘‘(VIII) The Governor of the State of Ala- nities, and Revived Economies of the Gulf ments under subparagraph (B)(i). bama. Coast States Act of 2012;

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.034 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1473 ‘‘(VI) seek to ensure that all policies, Technology Program under section 1604 of State represented on the Council or a Fed- strategies, plans, and activities for address- the Resources and Ecosystems Sustain- eral agency. ing the restoration of the Gulf Coast eco- ability, Tourist Opportunities, and Revived ‘‘(II) TRANSFER OF AMOUNTS.—Amounts system are based on the best available phys- Economies of the Gulf Coast States Act of necessary to carry out each project or pro- ical, ecological, and economic data; 2012. gram included in the Comprehensive Plan ‘‘(VII) make recommendations to address ‘‘(IV) CONTENTS.—The initial Comprehen- shall be transferred by the Secretary of the the particular needs of especially economi- sive Plan shall include— Treasury from the Trust Fund to that Fed- cally and socially vulnerable populations; ‘‘(aa) such provisions as are necessary to eral agency or Gulf Coast State as the ‘‘(VIII) develop standard terms to include fully incorporate in the Comprehensive Plan project or program is implemented, subject in contracts for projects and programs the strategy, projects, and programs rec- to such conditions as the Secretary of the awarded pursuant to the Comprehensive ommended by the President’s Gulf Coast Treasury, in consultation with the Secretary Plan that provide a preference to individuals Restoration Task Force; of the Interior and the Secretary of Com- and companies that reside in, are ‘‘(bb) a list of any project or program au- merce, established pursuant to section 1602 headquartered in, or are principally engaged thorized prior to the date of enactment of of the Resources and Ecosystems Sustain- in business in, a Gulf Coast State; this subsection but not yet commenced, the ability, Tourist Opportunities, and Revived ‘‘(IX) prepare an integrated financial plan completion of which would further the pur- Economies of the Gulf Coast States Act of and recommendations for coordinated budget poses and goals of this subsection and of the 2012. requests for the amounts proposed to be ex- Resources and Ecosystems Sustainability, ‘‘(iii) COST SHARING.— pended by the Federal agencies represented Tourist Opportunities, and Revived Econo- ‘‘(I) IN GENERAL.—A Gulf Coast State or on the Council for projects and programs in mies of the Gulf Coast States Act of 2012; coastal political subdivision may use, in the Gulf Coast States; ‘‘(cc) a description of the manner in which whole or in part, amounts made available to ‘‘(X) submit to Congress an annual report amounts from the Trust Fund projected to that Gulf Coast State or coastal political that— be made available to the Council for the suc- subdivision from the Trust Fund to satisfy ‘‘(aa) summarizes the policies, strategies, ceeding 10 years will be allocated; and the non-Federal share of the cost of carrying plans, and activities for addressing the res- ‘‘(dd) subject to available funding in ac- a project or program that— toration and protection of the Gulf Coast cordance with clause (iii), a prioritized list ‘‘(aa) is authorized by other Federal law; ecosystem; of specific projects and programs to be fund- and ‘‘(bb) describes the projects and programs ed and carried out during the 3-year period ‘‘(bb) meets the criteria of subparagraph being implemented to restore and protect immediately following the date of publica- (D). the Gulf Coast ecosystem; and tion of the initial Comprehensive Plan, in- ‘‘(II) INCLUSION IN COMPREHENSIVE PLAN.—A ‘‘(cc) makes such recommendations to Con- cluding a table that illustrates the distribu- project or program described in subclause (I) gress for modifications of existing laws as tion of projects and programs by Gulf Coast that meets the criteria for inclusion in the the Council determines necessary to imple- State. Comprehensive Plan described in subpara- ment the Comprehensive Plan; and ‘‘(V) PLAN UPDATES.—The Council shall up- graph (D) shall be selected and adopted by ‘‘(XI) submit to Congress a final report on date— the Council as part of the Comprehensive the date on which all funds made available ‘‘(aa) the Comprehensive Plan every 5 Plan in the manner described in subpara- to the Council are expended. years in a manner comparable to the manner graph (D). ‘‘(viii) APPLICATION OF FEDERAL ADVISORY established in this subsection for each 5-year ‘‘(F) COORDINATION.—The Council and the COMMITTEE ACT.—The Council, or any other period for which amounts are expected to be Federal members of the Council may develop advisory committee established under this made available to the Gulf Coast States from Memorandums of Understanding establishing subsection, shall not be considered an advi- the Trust Fund; and integrated funding and implementation sory committee under the Federal Advisory ‘‘(bb) the 3-year list of projects and pro- plans among the member agencies and au- Committee Act (5 U.S.C. App.). grams described in subclause (IV)(dd) annu- thorities. ‘‘(D) COMPREHENSIVE PLAN.— ally. ‘‘(G) TERMINATION.—The Council shall ter- ‘‘(i) PROPOSED PLAN.— ‘‘(iii) RESTORATION PRIORITIES.—Except for minate on the date on which the report de- ‘‘(I) IN GENERAL.—Not later than 180 days projects and programs described in subclause scribed in subparagraph (C)(vii)(XI) is sub- after the date of enactment of the Resources (IV)(bb), in selecting projects and programs mitted to Congress. and Ecosystems Sustainability, Tourist Op- to include on the 3-year list described in sub- ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA- portunities, and Revived Economies of the clause (IV)(dd), based on the best available TION.— Gulf Coast States Act of 2012, the Chair- science, the Council shall give highest pri- ‘‘(A) IN GENERAL.—Except as provided in person, on behalf of the Council, shall pub- ority to projects that address 1 or more of paragraph (4), of the total amount made lish a proposed plan to restore and protect the following criteria: available to the Council under paragraph (2) the natural resources, ecosystems, fisheries, ‘‘(I) Projects that are projected to make in any fiscal year from the Trust Fund, 50 marine and wildlife habitats, beaches, and the greatest contribution to restoring and percent shall be disbursed by the Council as coastal wetlands of the Gulf Coast eco- protecting the natural resources, eco- follows: system. systems, fisheries, marine and wildlife habi- ‘‘(i) FORMULA.—Subject to subparagraph ‘‘(II) CONTENTS.—The proposed plan de- tats, beaches, and coastal wetlands of the (B), for each Gulf Coast State, the amount scribed in subclause (I) shall include and in- Gulf Coast ecosystem, without regard to geo- disbursed under this paragraph shall be corporate the findings and information pre- graphic location. based on a formula established by the Coun- pared by the President’s Gulf Coast Restora- ‘‘(II) Large-scale projects and programs cil by regulation that is based on a weighted tion Task Force. that are projected to substantially con- average of the following criteria: ‘‘(ii) PUBLICATION.— tribute to restoring and protecting the nat- ‘‘(I) 40 percent based on the proportionate ‘‘(I) INITIAL PLAN.—Not later than 1 year ural resources, ecosystems, fisheries, marine number of miles of shoreline in each Gulf after date of enactment of the Resources and and wildlife habitats, beaches, and coastal Coast State that experienced oiling as of Ecosystems Sustainability, Tourist Opportu- wetlands of the Gulf Coast ecosystem. April 10, 2011, compared to the total number nities, and Revived Economies of the Gulf ‘‘(III) Projects contained in existing Gulf of miles of shoreline that experienced oiling Coast States Act of 2012 and after notice and Coast State comprehensive plans for the res- as a result of the Deepwater Horizon oil spill. opportunity for public comment, the Chair- toration and protection of natural resources, ‘‘(II) 40 percent based on the inverse pro- person, on behalf of the Council and after ap- ecosystems, fisheries, marine and wildlife portion of the average distance from the proval by the Council, shall publish in the habitats, beaches, and coastal wetlands of Deepwater Horizon oil rig to the nearest and Federal Register the initial Comprehensive the Gulf Coast ecosystem. farthest point of the shoreline that experi- Plan to restore and protect the natural re- ‘‘(IV) Projects that restore long-term resil- enced oiling of each Gulf Coast State. sources, ecosystems, fisheries, marine and iency of the natural resources, ecosystems, ‘‘(III) 20 percent based on the average popu- wildlife habitats, beaches, and coastal wet- fisheries, marine and wildlife habitats, lation in the 2010 decennial census of coastal lands of the Gulf Coast ecosystem. beaches, and coastal wetlands most impacted counties bordering the Gulf of Mexico within ‘‘(II) COOPERATION WITH GULF COAST RES- by the Deepwater Horizon oil spill. each Gulf Coast State. TORATION TASK FORCE.—The Council shall de- ‘‘(E) IMPLEMENTATION.— ‘‘(ii) MINIMUM ALLOCATION.—The amount velop the initial Comprehensive Plan in ‘‘(i) IN GENERAL.—The Council, acting disbursed to a Gulf Coast State for each fis- close coordination with the President’s Gulf through the member agencies and Gulf Coast cal year under clause (i) shall be at least 5 Coast Restoration Task Force. States, shall expend funds made available percent of the total amounts made available ‘‘(III) CONSIDERATIONS.—In developing the from the Trust Fund to carry out projects under this paragraph. initial Comprehensive Plan and subsequent and programs adopted in the Comprehensive ‘‘(B) APPROVAL OF PROJECTS AND PRO- updates, the Council shall consider all rel- Plan. GRAMS.— evant findings, reports, or research prepared ‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.— ‘‘(i) IN GENERAL.—The Council shall dis- or funded by a center of excellence or the ‘‘(I) IN GENERAL.—Primary authority and burse amounts to the respective Gulf Coast Gulf Fisheries and Ecosystem Endowment responsibility for each project and program States in accordance with the formula devel- established pursuant to the Gulf Coast Eco- included in the Comprehensive Plan shall be oped under subparagraph (A) for projects, system Restoration Science, Monitoring, and assigned by the Council to a Gulf Coast programs, and activities that will improve

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.034 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1474 CONGRESSIONAL RECORD — SENATE March 7, 2012 the ecosystems or economy of the Gulf investments made by the Trust Fund in the ‘‘(V) No territory shall be allocated more Coast, subject to the condition that each preceding fiscal year— than 1 percent of the total amount of funds Gulf Coast State submits a plan for the ex- ‘‘(i) 50 percent shall be transferred to the available for allocation among coastal penditure of amounts disbursed under this National Endowment for Oceans in subpara- States for any fiscal year. paragraph which meet the following criteria: graph (B); and ‘‘(C) GULF OF MEXICO RESEARCH ENDOW- ‘‘(I) All projects, programs, and activities ‘‘(ii) 50 percent shall be transferred to the MENT.— included in that plan are eligible activities Gulf of Mexico Research Endowment in sub- ‘‘(i) IN GENERAL.—There is established in pursuant to paragraph (1)(B)(i). paragraph (C). the Treasury of the United States a trust ‘‘(II) The projects, programs, and activities ‘‘(B) NATIONAL ENDOWMENT FOR THE fund to be known as the ‘Gulf of Mexico Re- included in that plan contribute to the over- OCEANS.— search Endowment’, to be administered by all economic and ecological recovery of the ‘‘(i) ESTABLISHMENT.— the Secretary of Commerce, solely for use in Gulf Coast. ‘‘(I) IN GENERAL.—There is established in providing long-term funding in accordance ‘‘(III) The plan takes into consideration the Treasury of the United States a trust with section 1604 of the Resources and Eco- the Comprehensive Plan and is consistent fund to be known as the ‘National Endow- systems Sustainability, Tourist Opportuni- with its goals and objectives, as described in ment for the Oceans’, consisting of such ties, and Revived Economies of the Gulf paragraph (2)(B)(i). amounts as may be appropriated or credited Coast States Act of 2012. ‘‘(ii) FUNDING.— to the National Endowment for the Oceans. ‘‘(ii) INVESTMENT.—Amounts in the Gulf of ‘‘(I) IN GENERAL.—Except as provided in ‘‘(II) INVESTMENT.—Amounts in the Na- Mexico Research Endowment shall be in- subclause (II), the plan described in clause (i) tional Endowment for the Oceans shall be in- vested in accordance with section 9602 of the may use not more than 25 percent of the vested in accordance with section 9602 of the Internal Revenue Code of 1986, and, after ad- funding made available for infrastructure Internal Revenue Code of 1986, and any inter- justment for inflation so as to maintain the projects eligible under subclauses (X) and est on, and proceeds from, any such invest- value of the principal, any interest on, and (XI) of paragraph (1)(B)(i). ment shall be available for expenditure in proceeds from, any such investment shall be ‘‘(II) EXCEPTION.—The plan described in accordance with this subparagraph. available for expenditure and shall be allo- clause (i) may propose to use more than 25 ‘‘(ii) TRUSTEE.—The trustee for the Na- cated in equal portions to the Gulf Coast percent of the funding made available for in- tional Endowment for the Oceans shall be Ecosystem Restoration Science, Monitoring, frastructure projects eligible under sub- the Secretary of Commerce. and Technology Program and Fisheries En- clauses (X) and (XI) of paragraph (1)(B)(i) if ‘‘(iii) ALLOCATION OF FUNDS.— dowment established in section 1604 of the the plan certifies that— ‘‘(I) IN GENERAL.—Each fiscal year, the Resources and Ecosystems Sustainability, ‘‘(aa) ecosystem restoration needs in the Secretary shall allocate, at a minimum, an Tourist Opportunities, and Revived Econo- State will be addressed by the projects in the amount equal to the interest earned by the mies of the Gulf Coast States Act of 2012.’’. proposed plan; and National Endowment for the Oceans in the SEC. 1604. GULF COAST ECOSYSTEM RESTORA- ‘‘(bb) additional investment in infrastruc- preceding fiscal year, and may distribute an TION SCIENCE, OBSERVATION, MON- ITORING, AND TECHNOLOGY PRO- ture is required to mitigate the impacts of amount equal to up to 10 percent of the total GRAM. the Deepwater Horizon Oil Spill to the eco- amounts in the National Endowment for the (a) DEFINITIONS.—In this section: system or economy. Oceans— (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(iii) DEVELOPMENT.—The plan described in ‘‘(aa) to allocate funding to coastal states trator’’ means the Administrator of the Na- clause (i) shall be developed by— (as defined in section 304 of the Marine Re- tional Oceanic and Atmospheric Administra- ‘‘(I) in the State of Alabama, the Alabama sources and Engineering Development Act of tion. Gulf Coast Recovery Council established 1966 (16 U.S.C. 1453)) and affected Indian (2) FISHERIES AND ECOSYSTEM ENDOW- under paragraph (1)(E)(i); tribes; MENT.—The term ‘‘Fisheries and Ecosystem ‘‘(II) in the State of Florida, a consortia of ‘‘(bb) to make grants to regional ocean and Endowment’’ means the endowment estab- local political subdivisions that includes at coastal planning bodies; and lished by subsection (d). least 1 representative of each ‘‘(cc) to develop and implement a National (3) PROGRAM.—The term ‘‘Program’’ means disproportionally affected county; Grant Program for Oceans and Coastal the Gulf Coast Ecosystem Restoration ‘‘(III) in the State of Louisiana, the Coast- Waters. Science, Observation, Monitoring, and Tech- al Protection and Restoration Authority of ‘‘(II) PROGRAM ADJUSTMENTS.—Each fiscal nology Program established by subsection Louisiana; year where the amount described in subpara- (b). ‘‘(IV) in the State of Mississippi, the Office graph (A)(i) does not exceed $100,000,000, the (b) ESTABLISHMENT OF PROGRAM.—There is of the Governor or an appointee of the Office Secretary may elect to fund only the grant established within the National Oceanic and of the Governor; and program established in subclause (I)(cc). Atmospheric Administration a program to be ‘‘(V) in the State of Texas, the Office of the ‘‘(iv) ELIGIBLE ACTIVITIES.—Funds depos- known as the ‘‘Gulf Coast Ecosystem Res- Governor or an appointee of the Office of the ited in the National Endowment for the toration Science, Observation, Monitoring, Governor. Oceans may be allocated by the Secretary and Technology Program’’, to be carried out ‘‘(iv) APPROVAL.—Not later than 60 days only to fund grants for programs and activi- by the Administrator. after the date on which a plan is submitted ties intended to restore, protect, maintain, (c) CENTERS OF EXCELLENCE.— under clause (i), the Council shall approve or or understand living marine resources and (1) IN GENERAL.—In carrying out the Pro- disapprove the plan based on the conditions their habitats and resources in ocean and gram, the Administrator, in consultation of clause (i). coastal waters (as defined in section 304 of with other Federal agencies with expertise in ‘‘(C) DISAPPROVAL.—If the Council dis- the Marine Resources and Engineering De- the discipline of a center of excellence, shall approves a plan pursuant to subparagraph velopment Act of 1966 (16 U.S.C. 1453)), in- make grants in accordance with paragraph (B)(iv), the Council shall— cluding baseline scientific research, ocean (2) to establish and operate 5 centers of ex- ‘‘(i) provide the reasons for disapproval in observing, and other programs and activities cellence, 1 of which shall be located in each writing; and carried out in coordination with Federal and of the States of Alabama, Florida, Louisiana, ‘‘(ii) consult with the State to address any State departments or agencies, that are con- Mississippi, and Texas. identified deficiencies with the State plan. sistent with Federal environmental laws and (2) GRANTS.— ‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.— that avoid environmental degradation. (A) IN GENERAL.—The Administrator shall If a State fails to submit an adequate plan ‘‘(v) APPLICATION.—To be eligible to re- use the amounts made available to carry out under this subsection, any funds made avail- ceive a grant under clause (iii)(I), an entity this section to award competitive grants to able under this subsection shall remain in shall submit to the Secretary an application nongovernmental entities and consortia in the Trust Fund until such date as a plan is at such time, in such manner, and con- the Gulf Coast region (including public and submitted and approved pursuant to this taining such information as the Secretary private institutions of higher education) for subsection. determines to be appropriate. the establishment of centers of excellence as ‘‘(E) JUDICIAL REVIEW.—If the Council fails ‘‘(vi) FUNDING FOR COASTAL STATES.—The described in paragraph (1). to approve or take action within 60 days on Secretary shall allocate funding among (B) APPLICATION.—To be eligible to receive a plan described in subparagraph (B)(iv), the States as follows: a grant under this paragraph, an entity or State may obtain expedited judicial review ‘‘(I) 50 percent of the funds shall be allo- consortium described in subparagraph (A) within 90 days of that decision in a district cated equally among coastal States. shall submit to the Administrator an appli- court of the United States, of appropriate ju- ‘‘(II) 25 percent of the funds shall be allo- cation at such time, in such manner, and risdiction and venue, that is located within cated based on tidal shoreline miles. containing such information as the Adminis- the State seeking such review. ‘‘(III) 25 percent of the funds shall be allo- trator determines to be appropriate. ‘‘(4) AUTHORIZATION OF INTEREST TRANS- cated based on the coastal population den- (C) PRIORITY.—In awarding grants under FERS.— sity of a coastal State. this paragraph, the Administrator shall give ‘‘(A) IN GENERAL.—Of the total amount ‘‘(IV) No State shall be allocated more priority to entities and consortia that dem- made available in any fiscal year from the than 10 percent of the total amount of funds onstrate the ability to establish the broadest Trust Fund, an amount equal to the interest available for allocation among coastal cross-section of participants with interest earned by the Trust Fund and proceeds from States for any fiscal year. and expertise in any discipline described in

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.034 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1475 paragraph (3) on which the proposal of the of the total amount made available for each (1) in the first sentence, by inserting ‘‘or center of excellence will be focused. fiscal year for the Gulf Coast Restoration expenditures’’ after ‘‘appropriations’’; (3) DISCIPLINES.—Each center of excellence Trust Fund established under section 1602, 5 (2) in the second sentence— shall focus on science, technology, and moni- percent shall be allocated in equal portions (A) by inserting ‘‘or expenditures’’ after toring in at least 1 of the following dis- to the Program and Fisheries and Ecosystem ‘‘appropriations’’; and ciplines: Endowment established by this section. (B) by inserting before the period at the (A) Coastal and deltaic sustainability, res- (2) ADMINISTRATIVE EXPENSES.—Of the end the following: ‘‘, including the amounts toration and protection; including solutions amounts received by the National Oceanic to be allocated from the fund for Federal and and technology that allow citizens to live and Atmospheric Administration to carry State purposes’’; and safely and sustainably in a coastal delta. out this section, not more than 3 percent (3) by striking ‘‘Those appropriations (B) Coastal fisheries and wildlife eco- may be used for administrative expenses. from’’ and all that follows through the end of system research and monitoring. SEC. 1605. EFFECT. the section. (C) Offshore energy development, including (a) IN GENERAL.—Nothing in this subtitle (d) CONFORMING AMENDMENTS.—Section 6(b) research and technology to improve the sus- or any amendment made by this subtitle— of the Land and Water Conservation Fund tainable and safe development of energy re- (1) supersedes or otherwise affects any pro- Act of 1965 (16 U.S.C. 460l–8(b)) is amended— sources. vision of Federal law, including, in par- (1) in the matter preceding paragraph (1), (D) Sustainable and resilient growth, eco- ticular, laws providing recovery for injury to by inserting ‘‘or expended’’ after ‘‘appro- nomic and commercial development in the natural resources under the Oil Pollution priated’’; Gulf Coast. Act of 1990 (33 U.S.C. 2701 et seq.) and laws (2) in paragraph (1)— (E) Comprehensive observation, moni- for the protection of public health and the (A) by inserting ‘‘or expenditures’’ after toring, and mapping of the Gulf of Mexico. environment; or ‘‘appropriations’’; and (4) COORDINATION WITH OTHER PROGRAMS.— (2) applies to any fine collected under sec- (B) by striking ‘‘; and’’ and inserting a pe- The Administrator shall develop a plan for tion 311 of the Federal Water Pollution Con- riod; and the coordination of projects and activities trol Act (33 U.S.C. 1321) for any incident (3) in the first sentence of paragraph (2), by between the Program and other existing Fed- other than the Deepwater Horizon oil spill. inserting ‘‘or expenditure’’ after ‘‘appropria- eral and State science and technology pro- (b) USE OF FUNDS.—Funds made available tion’’. grams in the States of Alabama, Florida, under this subtitle may be used only for eli- (e) PUBLIC ACCESS.—Section 7 of the Land Louisiana, Mississippi, and Texas, as well as gible activities specifically authorized by and Water Conservation Fund Act of 1965 (16 between the centers of excellence. this subtitle. U.S.C. 460l-9) is amended— (d) ESTABLISHMENT OF FISHERIES AND ECO- (1) in subsection (a)— SYSTEM ENDOWMENT.— Subtitle G—Land and Water Conservation (A) in the matter preceding paragraph (1), (1) IN GENERAL.—Not later than 180 days Fund by inserting ‘‘or expended’’ after ‘‘appro- after the date of enactment of this Act, the SEC. 1701. LAND AND WATER CONSERVATION priated’’; and Council shall establish a fishery and eco- FUND. (B) in paragraph (3), by inserting ‘‘or ex- system endowment to ensure, to the max- (a) AUTHORIZATION.—Section 2 of the Land penditures’’ after ‘‘such appropriations’’; imum extent practicable, the long-term sus- and Water Conservation Fund Act of 1965 (16 (2) in subsection (b)— tainability of the ecosystem, fish stocks, fish U.S.C. 460l–5) is amended— (A) in the first sentence, by inserting ‘‘or habitat and the recreational, commercial, (1) in the matter preceding subsection (a), expenditures’’ after ‘‘Appropriations’’; and and charter fishing industry in the Gulf of by striking ‘‘September 30, 2015’’ and insert- (B) in the proviso, by inserting ‘‘or expend- Mexico. ing ‘‘September 30, 2022’’; and itures’’ after ‘‘appropriations’’; (2) EXPENDITURE OF FUNDS.—For each fiscal (2) in subsection (c)(1), by striking (3) in the first sentence of subsection year, amounts made available to carry out ‘‘through September 30, 2015’’ and inserting (c)(1)— this subsection may be expended for, with re- ‘‘September 30, 2022’’. (A) by inserting ‘‘or expended’’ after ‘‘ap- spect to the Gulf of Mexico— (b) FUNDING.—Section 3 of the Land and propriated’’; and (A) marine and estuarine research; Water Conservation Fund Act of 1965 (16 (B) by inserting ‘‘or expenditures’’ after (B) marine and estuarine ecosystem moni- U.S.C. 460l-6) is amended to read as follows: ‘‘appropriations’’; and toring and ocean observation; ‘‘SEC. 3. AVAILABILITY OF FUNDS. (4) by adding at the end the following: (C) data collection and stock assessments; ‘‘(a) FUNDING.— ‘‘(d) PUBLIC ACCESS.—Not less than 1.5 per- (D) pilot programs for— ‘‘(1) FISCAL YEARS 2013 AND 2014.—For each of cent of the annual authorized funding (i) fishery independent data; and fiscal years 2013 and 2014— amount shall be made available each year (ii) reduction of exploitation of spawning ‘‘(A) $700,000,000 of amounts covered into for projects that secure recreational public aggregations; and the fund under section 2 shall be available access to existing Federal public land for (E) cooperative research. for expenditure, without further appropria- hunting, fishing, and other recreational pur- (3) ADMINISTRATION AND IMPLEMENTATION.— tion or fiscal year limitation, to carry out poses.’’. The Fisheries and Ecosystem Endowment the purposes of this Act; and Subtitle H—Offsets shall be administered by the Administrator ‘‘(B) the remainder of amounts covered SEC. 1801. DELAY IN APPLICATION OF WORLD- of the National Oceanic and Atmospheric Ad- into the fund shall be available subject to ap- WIDE INTEREST. ministration, in consultation with the Direc- propriations, which may be made without (a) IN GENERAL.—Paragraphs (5)(D) and (6) tor of the United States Fish and Wildlife fiscal year limitation. of section 864(f) of the Internal Revenue Code Service, with guidance provided by the Re- ‘‘(2) FISCAL YEARS 2015 THROUGH 2022.—For of 1986 are each amended by striking ‘‘De- gional Gulf of Mexico Fishery Management each of fiscal years 2015 through 2022, cember 31, 2020’’ and inserting ‘‘December 31, Council. amounts covered into the fund under section 2021.’’ (4) SPECIES INCLUDED.—The Fisheries and 2 shall be available for expenditure to carry (b) EFFECTIVE DATE.—The amendments Ecosystem Endowment will include all ma- out the purposes of this Act subject to appro- made by this section shall take effect on the rine, estuarine, aquaculture, and fish and priations, which may be made without fiscal date of the enactment of this Act. wildlife species in State and Federal waters year limitation. SEC. 1802. of the Gulf of Mexico. ‘‘(b) USES.—Amounts made available for (5) RESEARCH PRIORITIES.—In distributing obligation or expenditure from the fund may SA 1823. Mr. REID (for Mr. HARKIN funding under this subsection, priority shall be obligated or expended only as provided in (for himself, Mr. BURR, Mr. ENZI, Mr. be given to integrated, long-term projects this Act. CASEY, Mr. LIEBERMAN, and Ms. COL- that— ‘‘(c) WILLING SELLERS.—In using amounts (A) build on, or are coordinated with, re- made available under subsection (a)(1)(A), LINS)) proposed an amendment to the lated research activities; and the Secretary shall only acquire land or in- bill S. 1855, to amend the Public Health (B) address current or anticipated marine terests in land by purchase, exchange, or do- Service Act to reauthorize various pro- ecosystem, fishery, or wildlife management nation from a willing seller. grams under the Pandemic and All- information needs. ‘‘(d) ADDITIONAL AMOUNTS.—Amounts made Hazards Preparedness Act; as follows: (6) DUPLICATION AND COORDINATION.—In car- available under subsection (a)(1)(A) shall be On page 80, line 18, insert ‘‘medical and rying out this subsection, the Administrator in addition to amounts made available to the public health’’ before ‘‘needs of children’’. shall seek to avoid duplication of other re- fund under section 105 of the Gulf of Mexico On page 80, lines 19 and 20, strike ‘‘, includ- search and monitoring activities and coordi- Energy Security Act of 2006 (43 U.S.C. 1331 ing public health emergencies’’. nate with existing research and monitoring note; Public Law 109–432). On page 82, between lines 5 and 6, insert programs, including the Integrated Coastal ‘‘(e) ALLOCATION AUTHORITY.—Appropria- the following: and Ocean Observation System Act of 2009 tion Acts may provide for the allocation of ‘‘(G) the Administrator of the Federal (33 U.S.C. 3601 et seq.). amounts covered into the fund under section Emergency Management Agency;’’. (e) FUNDING.— 2.’’. On page 82, line 6, strike ‘‘(G) at least two’’ (1) IN GENERAL.—Except as provided in sub- (c) ALLOCATION OF FUNDS.—Section 5 of the and insert ‘‘(H) at least two non-Federal’’. section (t)(4) of section 311 of the Federal Land and Water Conservation Fund Act of On page 82, line 9, strike ‘‘(H)’’ and insert Water Pollution Control Act (33 U.S.C. 1321), 1965 (16 U.S.C. 460l–7) is amended— ‘‘(I)’’.

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.034 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1476 CONGRESSIONAL RECORD — SENATE March 7, 2012 On page 82, line 13, strike ‘‘(I)’’ and insert Committee on Aging be authorized to to the consideration of Calendar No. ‘‘(J)’’. meet during the session of the Senate 263. f on March 7, 2012, at 2 p.m. in room 562 The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO of the Dirksen Senate Office Building objection, it is so ordered. MEET to conduct a hearing entitled ‘‘Oppor- The clerk will state the bill by title. tunities for Savings: Removing Obsta- The assistant legislative clerk read COMMITTEE ON AGRICULTURE, NUTRITION, AND cles for Small Business.’’ as follows: FORESTRY The PRESIDING OFFICER. Without A bill (S. 1855) to amend the Public Health Mr. MERKLEY. Mr. President, I ask objection, it is so ordered. Service Act to reauthorize various programs unanimous consent that the Com- SUBCOMMITTEE ON OCEANS, ATMOSPHERE, under the Pandemic and All-Hazards Pre- mittee on Agriculture, Nutrition, and FISHERIES, AND THE COAST GUARD paredness Act. Forestry be authorized to meet during Mr. MERKLEY. Mr. President, I ask There being no objection, the Senate the session of the Senate on March 7, unanimous consent that the Sub- proceeded to consider the bill, which 2012, at 9:30 a.m. in room SH 216 of the committee on Oceans, Atmosphere, had been reported from the Committee Hart Senate Office Building. Fisheries, and the Coast Guard of the on Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without Committee on Commerce, Science, and sions, with an amendment to strike all objection, it is so ordered. Transportation be authorized to meet after the enacting clause and insert in COMMITTEE ON ARMED SERVICES during the session of the Senate on lieu thereof the following: Mr. MERKLEY. Mr. President, I ask March 7, 2012, at 2:30 p.m. in room 253 unanimous consent that the Com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of the Russell Senate Office Building. (a) SHORT TITLE.—This Act may be cited as mittee on Armed Services be author- The Committee will hold a hearing the ‘‘Pandemic and All-Hazards Preparedness ized to meet during the session of the entitled, ‘‘The President’s Fiscal Year Act Reauthorization of 2011’’. Senate on March 7, 2012, at 9 a.m. 2013 Budget Proposals for the Coast (b) TABLE OF CONTENTS.—The table of con- The PRESIDING OFFICER. Without Guard and the National Oceanic and tents of this Act is as follows: objection, it is so ordered. Atmospheric Administration.’’ Sec. 1. Short title; table of contents. COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without TITLE I—STRENGTHENING NATIONAL PRE- TRANSPORTATION objection, it is so ordered. PAREDNESS AND RESPONSE FOR PUBLIC Mr. MERKLEY. Mr. President, I ask SUBCOMMITTEE ON WATER AND POWER HEALTH EMERGENCIES unanimous consent that the Com- Mr. MERKLEY. Mr. President, I ask Sec. 101. National Health Security Strategy. mittee on Commerce, Science, and unanimous consent that the Sub- Sec. 102. Assistant Secretary for Preparedness Transportation be authorized to meet committee on Water and Power be au- and Response. Sec. 103. National Advisory Committee on Chil- during the session of the Senate on thorized to meet during the session of Wednesday, March 7, 2012, at 10 a.m. in dren and Disasters. the Senate on March 7, 2012, at 2:30 Sec. 104. Modernization of the National Dis- room 253 of the Russell Senate Office p.m., in room 366 of the Dirksen Senate aster Medical System. Building. Office Building. Sec. 105. Continuing the role of the Department The Committee will hold a hearing The PRESIDING OFFICER. Without of Veterans Affairs. entitled, ‘‘Priorities, Plans, and objection, it is so ordered. TITLE II—OPTIMIZING STATE AND LOCAL Progress of the Nation’s Space Pro- f ALL-HAZARDS PREPAREDNESS AND RE- gram.’’ SPONSE The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR Sec. 201. Improving State and local public objection, it is so ordered Mr. BINGAMAN. Mr. President, I ask health security. COMMITTEE ON FINANCE unanimous consent that Hannah Breul, Sec. 202. Hospital preparedness and medical Mr. MERKLEY. Mr. President, I ask who is a detailee from the Department surge capacity. unanimous consent that the Com- of Energy working on the staff of the Sec. 203. Enhancing situational awareness and biosurveillance. mittee on Finance be authorized to Committee on Energy and Natural Re- TITLE III—ENHANCING MEDICAL meet during the session of the Senate sources this year, be granted floor COUNTERMEASURE REVIEW on March 7, 2012, at 10 a.m. in room 215 privileges during today’s session of the Sec. 301. Special protocol assessment. of the Dirksen Senate Office Building, Senate. Sec. 302. Authorization of medical products for to conduct a hearing entitled ‘‘The The ACTING PRESIDENT pro tem- use in emergencies. President’s 2012 Trade Agenda.’’ pore. Without objection, it is so or- Sec. 303. Definitions. The PRESIDING OFFICER. Without dered. Sec. 304. Enhancing medical countermeasure objection, it is so ordered. Mr. JOHNSON. Mr. President, I ask activities. COMMITTEE ON THE JUDICIARY unanimous consent that Michael John- Sec. 305. Regulatory management plans. son from my office be granted the Sec. 306. Report. Mr. MERKLEY. Mr. President, I ask Sec. 307. Pediatric medical countermeasures. unanimous consent that the Com- privilege of the floor during today’s session. TITLE IV—ACCELERATING MEDICAL mittee on the Judiciary be authorized COUNTERMEASURE ADVANCED RE- to meet during the session of the Sen- The PRESIDING OFFICER. Without objection, it is so ordered. SEARCH AND DEVELOPMENT ate, on March 7, 2012, at 10 a.m., in Sec. 401. BioShield. room SD–226 of the Dirksen Senate Of- Mr. ENZI. Mr. President, I ask unani- mous consent that James Ward from Sec. 402. Biomedical Advanced Research and fice Building, to conduct a hearing en- Development Authority. titled ‘‘Examining Lending Discrimina- my office be granted floor privileges Sec. 403. Strategic National Stockpile. tion Practices and Foreclosure for the duration of today’s session. Sec. 404. National Biodefense Science Board. The PRESIDING OFFICER. Without Abuses.’’ TITLE I—STRENGTHENING NATIONAL The PRESIDING OFFICER. Without objection, it is so ordered. PREPAREDNESS AND RESPONSE FOR Mr. MERKLEY. Mr. President, I ask objection, it is so ordered. PUBLIC HEALTH EMERGENCIES unanimous consent that my intern, SEC. 101. NATIONAL HEALTH SECURITY STRAT- COMMITTEE ON VETERANS’ AFFAIRS B.J. Westlund, be granted privileges of Mr. MERKLEY. Mr. President, I ask EGY. the floor for the balance of today’s ses- (a) IN GENERAL.—Section 2802 of the Public unanimous consent that the Com- sion. Health Service Act (42 U.S.C. 300hh–1) is amend- mittee on Veterans’ Affairs be author- The PRESIDING OFFICER (Mr. ed— ized to meet during the session on MANCHIN). Without objection, it is so (1) in subsection (a)(1), by striking ‘‘2009’’ and March 7, 2012, in room SD–50 of the ordered. inserting ‘‘2014’’; and Dirksen Senate Office Building begin- (2) in subsection (b)— f ning at 10 a.m. (A) in paragraph (3)— The PRESIDING OFFICER. Without PANDEMIC AND ALL-HAZARDS (i) in the matter preceding subparagraph objection, it is so ordered. PREPAREDNESS ACT REAUTHOR- (A)— IZATION OF 2011 (I) by striking ‘‘facilities), and trauma care’’ SPECIAL COMMITTEE ON AGING and inserting ‘‘facilities and which may include Mr. MERKLEY. Mr. President, I ask Mr. REID. Mr. President, I ask unan- dental health facilities), and trauma care, crit- unanimous consent that the Special imous consent that the Senate proceed ical care,’’; and

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.031 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1477

(II) by inserting ‘‘(including related avail- tion and strategic direction with respect to all ‘‘(1) IN GENERAL.—Not later than 180 days ability, accessibility, and coordination)’’ after matters related to Federal public health and after the date of enactment of this subsection, ‘‘public health emergencies’’; medical preparedness and execution and deploy- and every other year thereafter, the Secretary, (ii) in subparagraph (A), by inserting ‘‘and ment of the Federal response for public health acting through the Assistant Secretary for Pre- trauma’’ after ‘‘medical’’; emergencies and incidents covered by the Na- paredness and Response and in consultation (iii) in subparagraph (D), by inserting tional Response Plan developed pursuant to sec- with the Director of the Biomedical Advanced ‘‘(which may include such dental health as- tion 502(6) of the Homeland Security Act of 2002, Research and Development Authority, the Di- sets)’’ after ‘‘medical assets’’; or any successor plan, before, during, and fol- rector of the National Institutes of Health, the (iv) by adding at the end the following: lowing public health emergencies.’’; Director of the Centers for Disease Control and ‘‘(F) Optimizing a coordinated and flexible (2) by striking subsection (c) and inserting the Prevention, and the Commissioner of the Food approach to the medical surge capacity of hos- following: and Drug Administration, shall develop and pitals, other healthcare facilities, and trauma ‘‘(c) FUNCTIONS.—The Assistant Secretary for submit to the appropriate committees of Con- care (which may include trauma centers) and Preparedness and Response shall— gress a coordinated strategy and accompanying emergency medical systems.’’; ‘‘(1) have authority over and responsibility implementation plan for medical counter- (B) in paragraph (4)— for— measures to address chemical, biological, radio- (i) in subparagraph (A), by inserting ‘‘, in- ‘‘(A) the National Disaster Medical System (in logical, and nuclear threats. Such strategy and cluding the unique needs and considerations of accordance with section 301 of the Pandemic plan shall be known as the ‘Public Health Emer- individuals with disabilities,’’ after ‘‘medical and All-Hazards Preparedness Act); gency Medical Countermeasures Enterprise needs of at-risk individuals’’; and ‘‘(B) the Hospital Preparedness Cooperative Strategy and Implementation Plan’. (ii) in subparagraph (B), by inserting ‘‘the’’ Agreement Program pursuant to section 319C–2; ‘‘(2) REQUIREMENTS.—The plan under para- before ‘‘purpose of this section’’; and ‘‘(C) the Medical Reserve Corps pursuant to graph (1) shall— (C) by adding at the end the following: section 2813; ‘‘(A) consider and reflect the full spectrum of ‘‘(7) COUNTERMEASURES.— ‘‘(D) the Emergency System for Advance Reg- medical countermeasure-related activities, in- ‘‘(A) Promoting strategic initiatives to ad- istration of Volunteer Health Professionals pur- cluding research, advanced research, develop- vance countermeasures to diagnose, mitigate, suant to section 319I; and ment, procurement, stockpiling, deployment, prevent, or treat harm from any biological agent ‘‘(E) administering grants and related au- and distribution; or toxin, chemical, radiological, or nuclear thorities related to trauma care under parts A ‘‘(B) identify and prioritize near-term, mid- agent or agents, whether naturally occurring, through C of title XII, such authority to be term, and long-term priority qualified and secu- unintentional, or deliberate. transferred by the Secretary from the Adminis- rity countermeasure (as defined in sections ‘‘(B) For purposes of this paragraph the term trator of the Health Resources and Services Ad- 319F–1 and 319F–2) needs and goals of the Fed- ‘countermeasures’ has the same meaning as the ministration to such Assistant Secretary; eral Government according to chemical, biologi- terms ‘qualified countermeasures’ under section ‘‘(2) exercise the responsibilities and authori- cal, radiological, and nuclear threat or threats; 319F–1, ‘qualified pandemic and epidemic prod- ties of the Secretary with respect to the coordi- ‘‘(C) identify projected timelines, anticipated ucts’ under section 319F–3, and ‘security coun- nation of— funding allocations, benchmarks, and mile- termeasures’ under section 319F–2. ‘‘(A) the Public Health Emergency Prepared- stones for each medical countermeasure priority ‘‘(8) MEDICAL AND PUBLIC HEALTH COMMUNITY ness Cooperative Agreement Program pursuant under subparagraph (B), including projected RESILIENCY.—Strengthening the ability of to section 319C–1; needs with regard to replenishment of the Stra- States, local communities, and tribal commu- ‘‘(B) the Strategic National Stockpile; and tegic National Stockpile; nities to prepare for, respond to, and be resilient ‘‘(C) the Cities Readiness Initiative; ‘‘(D) be informed by the recommendations of in the event of public health emergencies, ‘‘(3) align and coordinate medical and public the National Biodefense Science Board pursuant whether naturally occurring, unintentional, or health grants and cooperative agreements as ap- to section 319M; deliberate by— plicable to preparedness and response activities ‘‘(E) report on advanced research and devel- ‘‘(A) optimizing alignment and integration of authorized under this Act, to the extent pos- opment awards and the date of the issuance of medical and public health preparedness and re- sible, including program requirements, timelines, contract awards, including awards made sponse planning and capabilities with and into and measurable goals, and in coordination with through the special reserve fund (as defined in routine daily activities; and the Secretary of Homeland Security, to— section 319F–2(c)(10)); ‘‘(B) promoting familiarity with local medical ‘‘(A) optimize and streamline medical and ‘‘(F) identify progress made in meeting the and public health systems.’’. public health preparedness capabilities and the goals, benchmarks, and milestones identified (b) AT-RISK INDIVIDUALS.—Section 2814 of the ability of local communities to respond to public under subparagraph (C) in plans submitted sub- Public Health Service Act (42 U.S.C. 300hh–16) is health emergencies; sequent to the initial plan; amended— ‘‘(B) minimize duplication of efforts with re- ‘‘(G) identify the progress made in meeting the (1) by striking paragraphs (5), (7), and (8); gard to medical and public health preparedness medical countermeasure priorities for at-risk in- (2) by redesignating paragraphs (1) through and response programs; and dividuals, (as defined in 2802(b)(4)(B)), as appli- (4) as paragraphs (2) through (5), respectively; ‘‘(C) gather and disseminate best practices cable under subparagraph (B), including with (3) by inserting before paragraph (2) (as so re- among grant and cooperative agreement recipi- regard to the projected needs for related stock- designated), the following: ents, as appropriate; piling and replenishment of the Strategic Na- ‘‘(1) monitor emerging issues and concerns as ‘‘(4) carry out drills and operational exercises, tional Stockpile; and ‘‘(H) be made publicly available. they relate to medical and public health pre- in coordination with the Department of Home- ‘‘(3) GAO REPORT.— paredness and response for at-risk individuals land Security, the Department of Defense, the ‘‘(A) IN GENERAL.—Not later than 1 year after in the event of a public health emergency de- Department of Veterans Affairs, and other ap- the date on which a Public Health Emergency clared by the Secretary under section 319;’’; plicable Federal departments and agencies, as Medical Countermeasures Enterprise Strategy (4) in paragraph (2) (as so redesignated), by necessary and appropriate, to identify, inform, and Implementation Plan under this subsection striking ‘‘National Preparedness goal’’ and in- and address gaps in and policies related to all- is issued by the Secretary, the Government Ac- serting ‘‘preparedness goals, as described in sec- hazards medical and public health prepared- countability Office shall conduct an inde- tion 2802(b),’’; and ness, including exercises based on— pendent evaluation and submit to the appro- (5) by inserting after paragraph (6), the fol- ‘‘(A) identified threats for which counter- priate committees of Congress a report con- lowing: measures are available and for which no coun- cerning such strategy and implementation plan. ‘‘(7) disseminate and, as appropriate, update termeasures are available; and ‘‘(B) CONTENT.—The report described in sub- novel and best practices of outreach to and care ‘‘(B) unknown threats for which no counter- paragraph (A) shall review and assess— of at-risk individuals before, during, and fol- measures are available; and ‘‘(i) the near-term, mid-term, and long-term lowing public health emergencies in as timely a ‘‘(5) assume other duties as determined appro- medical countermeasure needs and identified manner as is practicable, including from the priate by the Secretary.’’; and priorities of the Federal Government pursuant time a public health threat is identified; and (3) by adding at the end the following: to subparagraphs (A) and (B) of paragraph (2); ‘‘(8) ensure that public health and medical in- ‘‘(d) NATIONAL SECURITY PRIORITY.—The Sec- ‘‘(ii) the activities of the Department of formation distributed by the Department of retary, acting through the Assistant Secretary Health and Human Services with respect to ad- Health and Human Services during a public for Preparedness and Response, shall on a peri- vanced research and development pursuant to health emergency is delivered in a manner that odic basis conduct meetings, as applicable and section 319L; and takes into account the range of communication appropriate, with the Assistant to the President ‘‘(iii) the progress made toward meeting the needs of the intended recipients, including at- for National Security Affairs to provide an up- goals, benchmarks, and milestones identified in risk individuals.’’. date on, and discuss, medical and public health the Public Health Emergency Medical Counter- SEC. 102. ASSISTANT SECRETARY FOR PREPARED- preparedness and response activities pursuant measures Enterprise Strategy and Implementa- NESS AND RESPONSE. to this Act and the Federal Food, Drug, and tion Plan under this subsection. Section 2811 of the Public Health Service Act Cosmetic Act, including progress on the develop- ‘‘(f) INTERNAL MULTIYEAR PLANNING PROC- (42 U.S.C. 300hh–10) is amended— ment, approval, clearance, and licensure of med- ESS.—The Secretary shall develop, and update (1) in subsection (b)(4), by adding at the end ical countermeasures. on an annual basis, a coordinated 5-year budget the following: ‘‘(e) PUBLIC HEALTH EMERGENCY MEDICAL plan based on the medical countermeasure pri- ‘‘(D) POLICY COORDINATION AND STRATEGIC DI- COUNTERMEASURES ENTERPRISE STRATEGY AND orities and goals described in subsection (e). RECTION.—Provide integrated policy coordina- IMPLEMENTATION PLAN.— Each such plan shall—

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1478 CONGRESSIONAL RECORD — SENATE March 7, 2012

‘‘(1) include consideration of the entire med- ‘‘(2) REQUIRED MEMBERS.—The Secretary, in ‘‘(i) a description of the activities such entity ical countermeasures enterprise, including— consultation with such other Secretaries as may will carry out under the agreement to meet the ‘‘(A) basic research, advanced research and be appropriate, may appoint to the Advisory goals identified under section 2802, including development; Committee under paragraph (1) such individuals with respect to chemical, biological, radio- ‘‘(B) approval, clearance, licensure, and au- as may be appropriate to perform the duties de- logical, or nuclear threats, whether naturally thorized uses of products; and scribed in subsections (b) and (c), which may in- occurring, unintentional, or deliberate; ‘‘(C) procurement, stockpiling, maintenance, clude— ‘‘(ii) a description of the activities such entity and replenishment of all products in the Stra- ‘‘(A) the Assistant Secretary for Preparedness will carry out with respect to pandemic influ- tegic National Stockpile; and Response; enza, as a component of the activities carried ‘‘(2) include measurable outputs and outcomes ‘‘(B) the Director of the Biomedical Advanced out under clause (i), and consistent with the re- to allow for the tracking of the progress made Research and Development Authority; quirements of paragraphs (2) and (5) of sub- toward identified goals; ‘‘(C) the Director of the Centers for Disease section (g);’’; ‘‘(3) identify medical countermeasure life- Control and Prevention; (ii) in clause (iv), by striking ‘‘and’’ at the cycle costs to inform planning, budgeting, and ‘‘(D) the Commissioner of Food and Drugs; end; and anticipated needs within the continuum of the ‘‘(E) the Director of the National Institutes of (iii) by adding at the end the following: medical countermeasure enterprise consistent Health; ‘‘(vi) a description of how, as appropriate, the with section 319F–2; and ‘‘(F) the Assistant Secretary of the Adminis- entity may partner with relevant public and pri- ‘‘(4) be made available to the appropriate com- tration for Children and Families; vate stakeholders in public health emergency mittees of Congress upon request. ‘‘(G) at least two health care professionals preparedness and response; ‘‘(g) INTERAGENCY COORDINATION PLAN.—Not with expertise in pediatric medical disaster ‘‘(vii) a description of how the entity, as ap- later than 1 year after the date of enactment of planning, preparedness, response, or recovery; plicable and appropriate, will coordinate with this subsection, the Secretary, in coordination ‘‘(H) at least two representatives from State, State emergency preparedness and response with the Secretary of Defense, shall submit to local, territories, or tribal agencies with exper- plans in public health emergency preparedness, the appropriate committees of Congress a report tise in pediatric disaster planning, prepared- including State educational agencies (as defined concerning the manner in which the Depart- ness, response, or recovery; and in section 9101(41) of the Elementary and Sec- ment of Health and Human Services is coordi- ‘‘(I) representatives from such Federal agen- ondary Education Act of 1965) and State child nating with the Department of Defense regard- cies (such as the Department of Education and care lead agencies (as defined in section 658D of ing countermeasure activities to address chem- the Department of Homeland Security) as deter- the Child Care and Development Block Grant ical, biological, radiological, and nuclear mined necessary to fulfill the duties of the Advi- Act); and threats. Such report shall include information sory Committee, as established under sub- ‘‘(viii) in the case of entities that operate on with respect to— sections (b) and (c). the United States-Mexico border or the United ‘‘(1) the research, advanced research, develop- ‘‘(e) MEETINGS.—The Advisory Committee States-Canada border, a description of the ac- ment, procurement, stockpiling, and distribution shall meet not less than biannually. tivities such entity will carry out under the of countermeasures to meet identified needs; and ‘‘(f) SUNSET.—The Advisory Committee shall agreement that are specific to the border area ‘‘(2) the coordination of efforts between the terminate on the date that is 5 years after the including disease detection, identification, and Department of Health and Human Services and date of enactment of the Pandemic and All-Haz- investigation, and preparedness and response the Department of Defense to address counter- ards Preparedness Act Reauthorization of activities related to emerging diseases and infec- measure needs for various segments of the popu- 2011.’’. tious disease outbreaks whether naturally-oc- lation. SEC. 104. MODERNIZATION OF THE NATIONAL curring or due to bioterrorism, consistent with ‘‘(h) PROTECTION OF NATIONAL SECURITY.—In DISASTER MEDICAL SYSTEM. the requirements of this section;’’; and carrying out subsections (e), (f), and (g), the Section 2812 of the Public Health Service Act (B) in subparagraph (C), by inserting ‘‘, in- Secretary shall ensure that information and (42 U.S.C. 300hh–11) is amended— cluding addressing the needs of at-risk individ- items that could compromise national security (1) in subsection (a)(3)— uals,’’ after ‘‘capabilities of such entity’’; are not disclosed.’’. (A) in subparagraph (A), in clause (i) by in- (2) in subsection (g)— SEC. 103. NATIONAL ADVISORY COMMITTEE ON serting ‘‘, including at-risk individuals as appli- (A) in paragraph (1), by striking subpara- CHILDREN AND DISASTERS. cable’’ after ‘‘victims of a public health emer- graph (A) and inserting the following: Subtitle B of title XXVIII of the Public Health gency’’; ‘‘(A) include outcome goals representing oper- Service Act (42 U.S.C. 300hh et seq.) is amended (B) by redesignating subparagraph (C) as sub- ational achievements of the National Prepared- by inserting after section 2811 the end the fol- paragraph (E); and ness Goals developed under section 2802(b) with (C) by inserting after subparagraph (B), the lowing: respect to all-hazards, including chemical, bio- following: ‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE logical, radiological, or nuclear threats; and’’; ‘‘(C) CONSIDERATIONS FOR AT-RISK POPU- ON CHILDREN AND DISASTERS. and LATIONS.—The Secretary shall take steps to en- ‘‘(a) ESTABLISHMENT.—The Secretary, in con- (B) in paragraph (2)(A), by adding at the end sure that an appropriate specialized and fo- sultation with the Secretary of Homeland Secu- the following: ‘‘The Secretary shall periodically cused range of public health and medical capa- rity, shall establish an advisory committee to be update, as necessary and appropriate, such bilities are represented in the National Disaster known as the ‘National Advisory Committee on pandemic influenza plan criteria and shall re- Medical System, which take into account the Children and Disasters’ (referred to in this sec- quire the integration of such criteria into the needs of at-risk individuals, in the event of a tion as the ‘Advisory Committee’). benchmarks and standards described in para- public health emergency.’’. ‘‘(b) DUTIES.—The Advisory Committee shall— graph (1).’’; ‘‘(D) ADMINISTRATION.—The Secretary may ‘‘(1) provide advice and consultation with re- (3) in subsection (i)— determine and pay claims for reimbursement for spect to the activities carried out pursuant to (A) in paragraph (1)(A)— section 2814, as applicable and appropriate; services under subparagraph (A) directly or (i) by striking ‘‘$824,000,000 for fiscal year ‘‘(2) evaluate and provide input with respect through contracts that provide for payment in 2007’’ and inserting ‘‘$632,900,000 for fiscal year to the needs of children as they relate to prepa- advance or by way of reimbursement.’’; and 2012’’; and ration for, response to, and recovery from all- (2) in subsection (g), by striking ‘‘such sums (ii) by striking ‘‘such sums as may be nec- hazards, including public health emergencies; as may be necessary for each of the fiscal years essary for each of fiscal years 2008 through and 2007 through 2011’’ and inserting ‘‘$56,000,000 2011’’ and inserting ‘‘$632,900,000 for each of fis- ‘‘(3) provide advice and consultation to States for each of fiscal years 2012 through 2016’’. cal years 2013 through 2016’’; and and territories with respect to State emergency SEC. 105. CONTINUING THE ROLE OF THE DE- (B) by adding at the end the following: preparedness and response activities and chil- PARTMENT OF VETERANS AFFAIRS. ‘‘(7) AVAILABILITY OF COOPERATIVE AGREE- dren, including related drills and exercises pur- Section 8117(g) of title 38, United States Code, MENT FUNDS.— suant to the preparedness goals under section is amended by striking ‘‘such sums as may be ‘‘(A) IN GENERAL.—Amounts provided to an el- 2802(b). necessary to carry out this section for each of igible entity under a cooperative agreement ‘‘(c) ADDITIONAL DUTIES.—The Advisory Com- fiscal years 2007 through 2011’’ and inserting under subsection (a) for a fiscal year and re- mittee may provide advice and recommendations ‘‘$156,500,000 for each of fiscal years 2012 maining unobligated at the end of such year to the Secretary with respect to children and the through 2016 to carry out this section’’. shall remain available to such entity for the medical and public health grants and coopera- TITLE II—OPTIMIZING STATE AND LOCAL next fiscal year for the purposes for which such tive agreements as applicable to preparedness ALL-HAZARDS PREPAREDNESS AND RE- funds were provided. and response activities authorized under this SPONSE ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- title and title III. SEC. 201. IMPROVING STATE AND LOCAL PUBLIC MARKS.—The continued availability of funds ‘‘(d) MEMBERSHIP.— HEALTH SECURITY. under subparagraph (A) with respect to an enti- ‘‘(1) IN GENERAL.—The Secretary, in consulta- (a) COOPERATIVE AGREEMENTS.—Section 319C– ty shall be contingent upon such entity achiev- tion with such other Secretaries as may be ap- 1 of the Public Health Service Act (42 U.S.C. ing the benchmarks and submitting the pan- propriate, shall appoint not to exceed 15 mem- 247d–3a) is amended— demic influenza plan as described in subsection bers to the Advisory Committee. In appointing (1) in subsection (b)(2)— (g).’’; and such members, the Secretary shall ensure that (A) in subparagraph (A)— (4) in subsection (j), by striking paragraph (3). the total membership of the Advisory Committee (i) by striking clauses (i) and (ii) and inserting (b) VACCINE TRACKING AND DISTRIBUTION.— is an odd number. the following: Section 319A(e) of the Public Health Service Act

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1479

(42 U.S.C. 247d–1(e)) is amended by striking ‘‘(g) COORDINATION.— (E) in paragraph (5), by striking subpara- ‘‘such sums for each of fiscal years 2007 through ‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eligi- graph (A) and inserting the following: 2011’’ and inserting ‘‘$30,800,000 for each of fis- ble entity shall, to the extent practicable, ensure ‘‘(A) utilize applicable interoperability stand- cal years 2012 through 2016’’. that activities carried out under an award ards as determined by the Secretary, and in con- (c) GAO REPORT.—Section 319C-1 of the Pub- under subsection (a) are coordinated with ac- sultation with the Office of the National Coordi- lic Health Service Act (42 U.S.C. 247d–3a) is tivities of relevant local Metropolitan Medical nator for Health Information Technology, amended by adding at the end the following: Response Systems, local Medical Reserve Corps, through a joint public and private sector proc- ‘‘(l) GAO REPORT.— the local Cities Readiness Initiative, and local ess;’’; and ‘‘(1) IN GENERAL.—Not later than 1 year after emergency plans. (F) by adding at the end the following: the date of enactment of the Pandemic and All- ‘‘(2) NATIONAL COLLABORATION.—Partnerships ‘‘(6) CONSULTATION WITH THE NATIONAL BIO- Hazards Preparedness Act Reauthorization of consisting of one or more eligible entities under DEFENSE SCIENCE BOARD.—In carrying out this 2011, the Government Accountability Office this section may, to the extent practicable, col- section consistent with section 319M, the Na- shall conduct an independent evaluation, and laborate with other partnerships consisting of tional Biodefense Science Board shall provide submit to the appropriate committees of Con- one or more eligible entities under this section expert advice and guidance, including rec- gress a report, concerning Federal programs at for purposes of national coordination and col- ommendations, regarding the measurable steps the Department of Health and Human Services laboration with respect to activities to achieve the Secretary should take to modernize and en- that support medical and public health pre- the preparedness goals described under para- hance biosurveillance activities pursuant to the paredness and response programs at the State graphs (1), (3), (4), (5), and (6) of section efforts of the Department of Health and Hu- and local levels. 2802(b).’’; and mans Services to ensure comprehensive, real- ‘‘(2) CONTENT.—The report described in para- (4) in subsection (j)— time all-hazards biosurveillance capabilities. In graph (1) shall review and assess— (A) in paragraph (1), by striking ‘‘$474,000,000 complying with the preceding sentence, the Na- ‘‘(A) the extent to which grant and coopera- for fiscal year 2007, and such sums as may be tional Biodefense Science Board shall— tive agreement requirements and goals have necessary for each of fiscal years 2008 through ‘‘(A) identify the steps necessary to achieve a been met by recipients; 2011’’ and inserting ‘‘$378,000,000 for each of fis- national biosurveillance system for human ‘‘(B) the extent to which such grants and co- cal years 2012 through 2016’’; and health, with international connectivity, where operative agreements have supported medical (B) by adding at the end the following: appropriate, that is predicated on State, re- and public health preparedness and response ‘‘(4) AVAILABILITY OF COOPERATIVE AGREE- gional, and community level capabilities and goals pursuant to section 2802(b), as appropriate MENT FUNDS.— creates a networked system to allow for two-way and applicable; ‘‘(A) IN GENERAL.—Amounts provided to an el- information flow between and among Federal, ‘‘(C) whether recipients or the Department of igible entity under a cooperative agreement Health and Human Services have identified any State, and local government public health au- under subsection (a) for a fiscal year and re- thorities and clinical health care providers; factors that may impede a recipient’s ability to maining unobligated at the end of such year achieve programmatic goals and requirements; ‘‘(B) identify any duplicative surveillance shall remain available to such entity for the programs under the authority of the Secretary, and next fiscal year for the purposes for which such ‘‘(D) instances in which funds may not have or changes that are necessary to existing pro- funds were provided. been used appropriately, in accordance with grams, in order to enhance and modernize such ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- grant and cooperative agreement requirements, activities, minimize duplication, strengthen and MARKS.—The continued availability of funds and actions taken to address inappropriate ex- streamline such activities under the authority of under subparagraph (A) with respect to an enti- penditures.’’. the Secretary, and achieve real-time and appro- ty shall be contingent upon such entity achiev- priate data that relate to disease activity, both SEC. 202. HOSPITAL PREPAREDNESS AND MED- ing the benchmarks and submitting the pan- ICAL SURGE CAPACITY. human and zoonotic; and demic influenza plan as required under sub- (a) ALL-HAZARDS PUBLIC HEALTH AND MED- ‘‘(C) coordinate with applicable existing advi- section (i).’’. ICAL RESPONSE CURRICULA AND TRAINING.—Sec- sory committees of the Director of the Centers tion 319F(a)(5)(B) of the Public Health Service SEC. 203. ENHANCING SITUATIONAL AWARENESS for Disease Control and Prevention, including Act (42 U.S.C. 247d–6(a)(5)(B)) is amended by AND BIOSURVEILLANCE. such advisory committees consisting of rep- striking ‘‘public health or medical’’ and insert- Section 319D of the Public Health Service Act resentatives from State, local, and tribal public ing ‘‘public health, medical, or dental’’. (42 U.S.C. 247d–4) is amended— health authorities and appropriate public and (b) ENCOURAGING HEALTH PROFESSIONAL VOL- (1) in subsection (b)— private sector health care entities and academic UNTEERS.— (A) in paragraph (1)(B), by inserting ‘‘poison institutions, in order to provide guidance on (1) EMERGENCY SYSTEM FOR ADVANCE REG- control centers,’’ after ‘‘hospitals,’’; public health surveillance activities.’’; ISTRATION OF VOLUNTEER HEALTH PROFES- (B) in paragraph (2), by inserting before the (3) in subsection (e)(5), by striking ‘‘4 years SIONALS.—Section 319I(k) of the Public Health period the following: ‘‘, allowing for coordina- after the date of enactment of the Pandemic and Service Act (42 U.S.C. 247d–7b(k)) is amended by tion to maximize all-hazards medical and public All-Hazards Preparedness Act’’ and inserting ‘‘3 striking ‘‘$2,000,000 for fiscal year 2002, and health preparedness and response and to mini- years after the date of enactment of the Pan- such sums as may be necessary for each of the mize duplication of effort’’; and demic and All-Hazards Preparedness Act Reau- fiscal years 2003 through 2011’’ and inserting (C) in paragraph (3), by inserting before the thorization of 2011’’; ‘‘$5,900,000 for each of fiscal years 2012 through period the following: ‘‘and update such stand- (4) in subsection (g), by striking ‘‘such sums 2016’’. ards as necessary’’; as may be necessary in each of fiscal years 2007 (2) VOLUNTEERS.—Section 2813 of the Public (2) in subsection (d)— through 2011’’ and inserting ‘‘$160,121,000 for Health Service Act (42 U.S.C. 300hh–15) is (A) in the subsection heading, by striking each of fiscal years 2012 through 2016’’; and amended— ‘‘PUBLIC HEALTH SITUATIONAL AWARENESS’’ and (5) by adding at the end the following: (A) in subsection (d)(2), by adding at the end inserting ‘‘MODERNIZING PUBLIC HEALTH SITUA- ‘‘(h) DEFINITION.—For purposes of this section the following: ‘‘Such training exercises shall, as TIONAL AWARENESS AND BIOSURVEILLANCE’’; the term ‘biosurveillance’ means the process of appropriate and applicable, incorporate the (B) in paragraph (1)— gathering near real-time, biological data that re- needs of at-risk individuals in the event of a (i) by striking ‘‘Pandemic and All-Hazards lates to disease activity and threats to human or public health emergency.’’; and Preparedness Act’’ and inserting ‘‘Pandemic zoonotic health, in order to achieve early warn- (B) in subsection (i), by striking ‘‘$22,000,000 and All-Hazards Preparedness Act Reauthoriza- ing and identification of such health threats, for fiscal year 2007, and such sums as may be tion of 2011’’; and early detection and prompt ongoing tracking of necessary for each of fiscal years 2008 through (ii) by inserting ‘‘, novel emerging threats,’’ health events, and overall situational awareness 2011’’ and inserting ‘‘$11,900,000 for each of fis- after ‘‘disease outbreaks’’; of disease activity.’’. cal years 2012 through 2016’’. (C) by striking paragraph (2) and inserting the following: TITLE III—ENHANCING MEDICAL (c) PARTNERSHIPS FOR STATE AND REGIONAL COUNTERMEASURE REVIEW PREPAREDNESS TO IMPROVE SURGE CAPACITY.— ‘‘(2) STRATEGY AND IMPLEMENTATION PLAN.— Section 319C–2 of the Public Health Service Act Not later than 180 days after the date of enact- SEC. 301. SPECIAL PROTOCOL ASSESSMENT. (42 U.S.C. 247d–3b) is amended— ment of the Pandemic and All-Hazards Pre- Section 505(b)(5)(B) of the Federal Food, (1) in subsection (b)(1)(A)(ii), by striking paredness Act Reauthorization of 2011, the Sec- Drug, and Cosmetic Act (21 U.S.C. 355(b)(5)(B)) ‘‘centers, primary’’ and inserting ‘‘centers, com- retary shall submit to the appropriate commit- is amended by striking ‘‘size of clinical trials in- munity health centers, primary’’; tees of Congress, a coordinated strategy and an tended’’ and all that follows through ‘‘. The (2) by striking subsection (c) and inserting the accompanying implementation plan that identi- sponsor or applicant’’ and inserting the fol- following: fies and demonstrates the measurable steps the lowing: ‘‘size— ‘‘(c) USE OF FUNDS.—An award under sub- Secretary will carry out to— ‘‘(i)(I) of clinical trials intended to form the section (a) shall be expended for activities to ‘‘(A) develop, implement, and evaluate the primary basis of an effectiveness claim; or achieve the preparedness goals described under network described in paragraph (1), utilizing ‘‘(II) in the case where human efficacy studies paragraphs (1), (3), (4), (5), and (6) of section the elements described in paragraph (3); and are not ethical or feasible, of animal and any 2802(b) with respect to all-hazards, including ‘‘(B) modernize and enhance biosurveillance associated clinical trials which, in combination, chemical, biological, radiological, or nuclear activities.’’; are intended to form the primary basis of an ef- threats.’’; (D) in paragraph (3)(D), by inserting ‘‘com- fectiveness claim; or (3) by striking subsection (g) and inserting the munity health centers, health centers’’ after ‘‘(ii) with respect to an application for ap- following: ‘‘poison control,’’; proval of a biological product under section

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1480 CONGRESSIONAL RECORD — SENATE March 7, 2012 351(k) of the Public Health Service Act, of any (iii) by striking ‘‘circumstances of the emer- (7) in subsection (h)(1), by adding after the necessary clinical study or studies. gency involved’’ and inserting ‘‘applicable cir- period at the end the following: ‘‘The Secretary The sponsor or applicant’’. cumstances described in subsection (b)(1)’’; shall make any revisions to an authorization SEC. 302. AUTHORIZATION FOR MEDICAL PROD- (B) in paragraph (1), by striking ‘‘specified’’ under this section available on the Internet Web UCTS FOR USE IN EMERGENCIES. and inserting ‘‘referred to’’; and site of the Food and Drug Administration.’’; (a) IN GENERAL.—Section 564 of the Federal (C) in paragraph (2)(B), by inserting ‘‘, taking and Food, Drug, and Cosmetic Act (21 U.S.C. into consideration the material threat posed by (8) by adding at the end of subsection (j) the 360bbb–3) is amended— the agent or agents identified in a declaration following: (1) in subsection (a)— under subsection (b)(1)(D), if applicable’’ after ‘‘(4) Nothing in this section shall be construed (A) in paragraph (1), by striking ‘‘sections ‘‘risks of the product’’; as authorizing a delay in the review or other 505, 510(k), and 515 of this Act’’ and inserting (4) in subsection (d)(3), by inserting ‘‘, to the consideration by the Food and Drug Adminis- ‘‘any provision of this Act’’; extent practicable given the circumstances of the tration of any application pending before the (B) in paragraph (2)(A), by striking ‘‘under a emergency,’’ after ‘‘including’’; Administration for a countermeasure or product provision of law referred to in such paragraph’’ (5) in subsection (e)— referred to in subsection (a).’’. and inserting ‘‘under a provision of law in sec- (A) in paragraph (1)(A), by striking ‘‘cir- (b) EMERGENCY USE OF MEDICAL PRODUCTS.— tion 505, 510(k), or 515 of this Act or section 351 cumstances of the emergency’’ and inserting Subchapter E of chapter V of the Federal Food, of the Public Health Service Act’’; and ‘‘applicable circumstances described in sub- Drug, and Cosmetic Act (21 U.S.C. 360bbb et (C) in paragraph (3), by striking ‘‘a provision section (b)(1)’’; seq.) is amended by inserting after section 564 of law referred to in such paragraph’’ and in- (B) in paragraph (2)— the following: serting ‘‘a provision of law referred to in para- (i) in subparagraph (A)— ‘‘SEC. 564A. EMERGENCY USE OF MEDICAL PROD- graph (2)(A)’’; (I) by striking ‘‘manufacturer of the product’’ UCTS. (2) in subsection (b)— and inserting ‘‘person’’; ‘‘(a) DEFINITIONS.—In this section: (A) in the subsection heading, by striking (II) by striking ‘‘circumstances of the emer- ‘‘(1) ELIGIBLE PRODUCT.—The term ‘eligible ‘‘EMERGENCY’’ and inserting ‘‘EMERGENCY OR gency’’ and inserting ‘‘applicable circumstances product’ means a product that— THREAT JUSTIFYING EMERGENCY AUTHORIZED described in subsection (b)(1)’’; and ‘‘(A) is approved or cleared under this chapter USE’’; (III) by inserting at the end before the period or licensed under section 351 of the Public (B) in paragraph (1)— ‘‘or in paragraph (1)(B)’’; Health Service Act; (i) in the matter preceding subparagraph (A), (ii) in subparagraph (B)(i), by inserting before ‘‘(B)(i) is intended for use to prevent, diag- by striking ‘‘may declare an emergency’’ and in- the period at the end ‘‘, except as provided in nose, or treat a disease or condition involving a serting ‘‘may make a declaration that the cir- section 564A with respect to authorized changes biological, chemical, radiological, or nuclear cumstances exist’’; to the product expiration date’’; and agent or agents, including a product intended to (ii) in subparagraph (A), by striking ‘‘speci- (iii) by amending subparagraph (C) to read as be used to prevent or treat pandemic influenza; fied’’; follows: or (iii) in subparagraph (B)— ‘‘(C) In establishing conditions under this ‘‘(ii) is intended for use to prevent, diagnose, (I) by striking ‘‘specified’’; and paragraph with respect to the distribution and or treat a serious or life-threatening disease or (II) by striking ‘‘; or’’ and inserting a semi- administration of the product for the unap- condition caused by a product described in colon; proved use, the Secretary shall not impose con- clause (i); and (iv) by amending subparagraph (C) to read as ditions that would restrict distribution or ad- ‘‘(C) is intended for use during the cir- follows: ministration of the product when done solely for cumstances under which— ‘‘(C) a determination by the Secretary that the approved use.’’; and ‘‘(i) a determination described in subpara- there is a public health emergency, or a signifi- (C) by amending paragraph (3) to read as fol- graph (A), (B), or (C) of section 564(b)(1) has cant potential for a public health emergency, lows: been made by the Secretary of Homeland Secu- that affects, or has a significant potential to af- ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- rity, the Secretary of Defense, or the Secretary, fect, national security or the health and secu- SCRIPTION.—With respect to the emergency use respectively; or rity of United States citizens abroad, and that of a product for which an authorization under ‘‘(ii) the identification of a material threat de- involves a biological, chemical, radiological, or this section is issued (whether an unapproved scribed in subparagraph (D) of section 564(b)(1) nuclear agent or agents, or a disease or condi- product or an unapproved use of an approved has been made pursuant to section 319F–2 of the tion that may be attributable to such agent or product), the Secretary may waive or limit, to Public Health Service Act. agents; or’’; and the extent appropriate given the applicable cir- ‘‘(2) PRODUCT.—The term ‘product’ means a (v) by adding at the end the following: cumstances described in subsection (b)(1)— drug, device, or biological product. ‘‘(D) the identification of a material threat ‘‘(A) requirements regarding current good ‘‘(b) EXTENSION OF EXPIRATION DATE.— pursuant to section 319F–2 of the Public Health manufacturing practice otherwise applicable to ‘‘(1) AUTHORITY TO EXTEND EXPIRATION Service Act sufficient to affect national security the manufacture, processing, packing, or hold- DATE.—The Secretary may extend the expiration or the health and security of United States citi- ing of products subject to regulation under this date of an eligible product in accordance with zens living abroad.’’; Act, including such requirements established this subsection. (C) in paragraph (2)(A)— under section 501 or 520(f)(1), and including rel- ‘‘(2) EXPIRATION DATE.—For purposes of this (i) by amending clause (ii) to read as follows: evant conditions prescribed with respect to the subsection, the term ‘expiration date’ means the ‘‘(ii) a change in the approval status of the product by an order under section 520(f)(2); date established through appropriate stability product such that the circumstances described ‘‘(B) requirements established under section testing required by the regulations issued by the in subsection (a)(2) have ceased to exist.’’; 503(b); and Secretary to ensure that the product meets ap- (ii) by striking subparagraph (B); and ‘‘(C) requirements established under section plicable standards of identity, strength, quality, (iii) by redesignating subparagraph (C) as 520(e).’’; and purity at the time of use. subparagraph (B); (6) in subsection (g)— ‘‘(3) EFFECT OF EXTENSION.—Notwithstanding (D) in paragraph (4), by striking ‘‘advance (A) in the subsection heading, by inserting any other provision of this Act or the Public notice of termination, and renewal under this ‘‘REVIEW AND’’ before ‘‘REVOCATION’’; Health Service Act, if the expiration date of an subsection.’’ and inserting ‘‘, and advance no- (B) in paragraph (1), by inserting after the pe- eligible product is extended in accordance with tice of termination under this subsection. The riod at the end the following: ‘‘As part of such this section, the introduction or delivery for in- Secretary shall make any renewal under this review, the Secretary shall regularly review the troduction into interstate commerce of such subsection available on the Internet Web site of progress made with respect to the approval, li- product after the expiration date provided by the Food and Drug Administration.’’; and censure, or clearance of— the manufacturer and within the duration of (E) by adding at the end the following: ‘‘(A) an unapproved product for which an au- such extension shall not be deemed to render the ‘‘(5) EXPLANATION BY SECRETARY.—If an au- thorization was issued under this section; or product— thorization under this section with respect to an ‘‘(B) an unapproved use of an approved prod- ‘‘(A) an unapproved product; or unapproved product has been in effect for more uct for which an authorization was issued ‘‘(B) adulterated or misbranded under this than 1 year, the Secretary shall provide in writ- under this section.’’; and Act. ing to the sponsor of such product, an expla- (C) by amending paragraph (2) to read as fol- ‘‘(4) DETERMINATIONS BY SECRETARY.—Before nation of the scientific, regulatory, or other ob- lows: extending the expiration date of an eligible stacles to approval, licensure, or clearance of ‘‘(2) REVISION AND REVOCATION.—The Sec- product under this subsection, the Secretary such product, including specific actions to be retary may revise or revoke an authorization shall determine— taken by the Secretary and the sponsor to over- under this section if— ‘‘(A) that extension of the expiration date will come such obstacles.’’; ‘‘(A) the circumstances described under sub- help protect public health; (3) in subsection (c)— section (b)(1) no longer exist; ‘‘(B) that any extension of expiration is sup- (A) in the matter preceding paragraph (1)— ‘‘(B) the criteria under subsection (c) for ported by scientific evaluation that is conducted (i) by inserting ‘‘the Assistant Secretary for issuance of such authorization are no longer or accepted by the Secretary; Preparedness and Response,’’ after ‘‘consulta- met; or ‘‘(C) what changes to the product labeling, if tion with’’; ‘‘(C) other circumstances make such revision any, are required or permitted, including wheth- (ii) by striking ‘‘Health and’’ and inserting or revocation appropriate to protect the public er and how any additional labeling commu- ‘‘Health, and’’; and health or safety.’’; nicating the extension of the expiration date

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1481 may alter or obscure the labeling provided by has been made pursuant to section 319F–2 of the ‘‘(3) promote countermeasure expertise within the manufacturer; and Public Health Service Act.’’. the Food and Drug Administration by— ‘‘(D) that any other conditions that the Sec- (d) PRODUCTS HELD FOR EMERGENCY USE.— ‘‘(A) ensuring that Food and Drug Adminis- retary deems appropriate have been met. The Federal Food, Drug, and Cosmetic Act (21 tration personnel involved in reviewing counter- ‘‘(5) SCOPE OF EXTENSION.—With respect to U.S.C. 301 et seq.) is amended by inserting after measures for approval, licensure, or clearance each extension of an expiration date granted section 564A, as added by subsection (b), the fol- are informed by the Assistant Secretary for Pre- under this subsection, the Secretary shall deter- lowing: paredness and Response on the material threat mine— ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY assessment conducted under section 319F–2 of ‘‘(A) the batch, lot, or unit to which such ex- USE. the Public Health Service Act for the agent or tension shall apply; ‘‘It is not a violation of any section of this Act agents for which the countermeasure under re- ‘‘(B) the duration of such extension; and or of the Public Health Service Act for a govern- view is intended; ‘‘(C) any conditions to effectuate such exten- ment entity (including a Federal, State, local, ‘‘(B) training Food and Drug Administration sion that are necessary and appropriate to pro- and tribal government entity), or a person act- personnel regarding review of countermeasures tect public health or safety. ing on behalf of such a government entity, to in- for approval, licensure, or clearance; ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- troduce into interstate commerce a product (as ‘‘(C) holding public meetings at least twice TICE.— annually to encourage the exchange of scientific ‘‘(1) IN GENERAL.—The Secretary may, when defined in section 564(a)(4)) intended for emer- ideas; and the circumstances of a domestic, military, or gency use, if that product— ‘‘(D) establishing protocols to ensure that public health emergency or material threat de- ‘‘(1) is intended to be held and not used; and countermeasure reviewers have sufficient train- scribed in subsection (a)(1)(C) so warrant, au- ‘‘(2) is held and not used, unless and until ing or experience with countermeasures; thorize, with respect to an eligible product, devi- that product— ‘‘(A) is approved, cleared, or licensed under ‘‘(4) maintain teams, composed of Food and ations from current good manufacturing prac- section 505, 510(k), or 515 of this Act or section Drug Administration personnel with expertise tice requirements otherwise applicable to the 351 of the Public Health Service Act; on countermeasures, including specific counter- manufacture, processing, packing, or holding of ‘‘(B) is authorized for investigational use measures, populations with special clinical products subject to regulation under this Act, under section 505 or 520 of this Act or section 351 needs (including children and pregnant women including requirements under section 501 or of the Public Health Service Act; or that may use countermeasures, as applicable 520(f)(1) or applicable conditions prescribed with ‘‘(C) is authorized for use under section 564.’’. and appropriate), classes or groups of counter- respect to the eligible product by an order under measures, or other countermeasure-related tech- section 520(f)(2). SEC. 303. DEFINITIONS. nologies and capabilities, that shall— ‘‘(2) EFFECT.—Notwithstanding any other Section 565 of the Federal Food, Drug, and ‘‘(A) consult with countermeasure experts, in- provision of this Act or the Public Health Serv- Cosmetic Act (21 U.S.C. 360bbb–4) is amended by cluding countermeasure sponsors and appli- ice Act, an eligible product shall not be consid- striking ‘‘The Secretary, in consultation’’ and cants, to identify and help resolve scientific ered an unapproved product and shall not be inserting the following: issues related to the approval, licensure, or deemed adulterated or misbranded under this ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘countermeasure’ means a quali- clearance of countermeasures, through work- Act because, with respect to such product, the fied countermeasure, a security countermeasure, shops or public meetings; Secretary has authorized deviations from cur- and a qualified pandemic or epidemic product; ‘‘(B) improve and advance the science relating rent good manufacturing practices under para- ‘‘(2) the term ‘qualified countermeasure’ has to the development of new tools, standards, and graph (1). the meaning given such term in section 319F–1 approaches to assessing and evaluating counter- ‘‘(d) EMERGENCY USE INSTRUCTIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting of the Public Health Service Act; measures— through an appropriate official within the De- ‘‘(3) the term ‘security countermeasure’ has ‘‘(i) in order to inform the process for counter- partment of Health and Human Services, may the meaning given such term in section 319F–2 measure approval, clearance, and licensure; and create and issue emergency use instructions to of such Act; and ‘‘(ii) with respect to the development of coun- inform health care providers or individuals to ‘‘(4) the term ‘qualified pandemic or epidemic termeasures for populations with special clinical whom an eligible product is to be administered product’ means a product that meets the defini- needs, including children and pregnant women, concerning such product’s approved, licensed, tion given such term in section 319F–3 of the in order to meet the needs of such populations, or cleared conditions of use. Public Health Service Act and— as necessary and appropriate; and ‘‘(2) EFFECT.—Notwithstanding any other ‘‘(A) that has been identified by the Depart- ‘‘(5) establish’’; and provisions of this Act or the Public Health Serv- ment of Health and Human Services or the De- (3) by adding at the end the following: EVELOPMENT AND ANIMAL MODELING ice Act, a product shall not be considered an un- partment of Defense as receiving funding di- ‘‘(c) D PROCEDURES.— approved product and shall not be deemed adul- rectly related to addressing chemical, biological, ‘‘(1) AVAILABILITY OF ANIMAL MODEL MEET- terated or misbranded under this Act because of radiological or nuclear threats, including pan- INGS.—To facilitate the timely development of the issuance of emergency use instructions demic influenza; or animal models and support the development, under paragraph (1) with respect to such prod- ‘‘(B) is included under this paragraph pursu- stockpiling, licensure, approval, and clearance uct or the introduction or delivery for introduc- ant to a determination by the Secretary. ‘‘(b) GENERAL DUTIES.—The Secretary, in con- of countermeasures, the Secretary shall, not tion of such product into interstate commerce sultation’’. later than 180 days after the enactment of this accompanied by such instructions— ‘‘(A) during an emergency response to an ac- SEC. 304. ENHANCING MEDICAL COUNTER- subsection, establish a procedure by which a tual emergency that is the basis for a determina- MEASURE ACTIVITIES. sponsor or applicant that is developing a coun- tion described in subsection (a)(1)(C)(i); or Section 565 of the Federal Food, Drug, and termeasure for which human efficacy studies ‘‘(B) by a government entity (including a Fed- Cosmetic Act (21 U.S.C. 360bbb–4), as amended are not ethical or practicable, and that has an eral, State, local, and tribal government entity), by section 303, is further amended— approved investigational new drug application or a person acting on behalf of such a govern- (1) in the section heading, by striking ‘‘tech- or investigational device exemption, may request ment entity, in preparation for an emergency re- nical assistance’’ and inserting ‘‘counter- and receive— sponse.’’. measure development, review, and technical as- ‘‘(A) a meeting to discuss proposed animal (c) RISK EVALUATION AND MITIGATION STRAT- sistance’’; model development activities; and EGIES.—Section 505–1 of the Federal Food, Drug, (2) in subsection (b), by striking the subsection ‘‘(B) a meeting prior to initiating pivotal ani- and Cosmetic Act (21 U.S.C. 355–1), is amend- heading and all that follows through ‘‘shall es- mal studies. ed— tablish’’ and inserting the following: ‘‘(2) PEDIATRIC MODELS.—To facilitate the de- (1) in subsection (f), by striking paragraph (7); ‘‘(b) GENERAL DUTIES.—In order to accelerate velopment and selection of animal models that and the development, stockpiling, approval, licen- could translate to pediatric studies, any meeting (2) by adding at the end the following: sure, and clearance of qualified counter- conducted under paragraph (1) shall include ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- measures, security countermeasures, and quali- discussion of animal models for pediatric popu- GENCIES.—The Secretary may waive any re- fied pandemic or epidemic products, the Sec- lations, as appropriate. quirement of this section with respect to a quali- retary, in consultation with the Assistant Sec- ‘‘(d) REVIEW AND APPROVAL OF COUNTER- fied countermeasure (as defined in section 319F– retary for Preparedness and Response, shall— MEASURES.— 1(a)(2) of the Public Health Service Act) to ‘‘(1) ensure the appropriate involvement of ‘‘(1) MATERIAL THREAT.—When evaluating an which a requirement under this section has been Food and Drug Administration personnel in application or submission for approval, licen- applied, if the Secretary determines that such interagency activities related to countermeasure sure, or clearance of a countermeasure, the Sec- waiver is required to mitigate the effects of, or advanced research and development, consistent retary shall take into account the material reduce the severity of, the circumstances under with sections 319F, 319F–1, 319F–2, 319F–3, and threat posed by the chemical, biological, radio- which— 319L of the Public Health Service Act; logical, or nuclear agent or agents identified ‘‘(1) a determination described in subpara- ‘‘(2) ensure the appropriate involvement and under section 319F–2 of the Public Health Serv- graph (A), (B), or (C) of section 564(b)(1) has consultation of Food and Drug Administration ice Act for which the countermeasure under re- been made by the Secretary of Homeland Secu- personnel in any flexible manufacturing activi- view is intended. rity, the Secretary of Defense, or the Secretary, ties carried out under section 319L of the Public ‘‘(2) REVIEW EXPERTISE.—When practicable respectively; or Health Service Act, including with respect to and appropriate, teams of Food and Drug Ad- ‘‘(2) the identification of a material threat de- meeting regulatory requirements set forth in this ministration personnel reviewing applications or scribed in subparagraph (D) of section 564(b)(1) Act; submissions described under paragraph (1) shall

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1482 CONGRESSIONAL RECORD — SENATE March 7, 2012 include a reviewer with sufficient training or ex- and delivery of the eligible countermeasure, in- ‘‘(4) an estimate of resources obligated to perience with countermeasures pursuant to the cluding to the Strategic National Stockpile; countermeasure development and regulatory as- protocols established under subsection ‘‘(D) feedback from the Secretary regarding sessment, including Center specific objectives (b)(3)(D).’’. the data necessary to support the submission of and accomplishments; SEC. 305. REGULATORY MANAGEMENT PLANS. protocols for review under section 505(b)(5)(B); ‘‘(5) the number of countermeasure applica- Section 565 of the Federal Food, Drug, and ‘‘(E) feedback from the Secretary regarding tions submitted, the number of countermeasures Cosmetic Act (21 U.S.C. 360bbb–4), as amended any gaps in scientific knowledge that will need approved, licensed, or cleared, the status of re- by section 304, is further amended by adding at resolution prior to approval, licensure, or clear- maining submitted applications, and the number the end the following: ance of the eligible countermeasure, and plans of each type of authorization issued pursuant to ‘‘(e) REGULATORY MANAGEMENT PLAN.— for conducting the necessary scientific research; section 564; and ‘‘(1) DEFINITION.—In this subsection, the term ‘‘(F) identification of the population for ‘‘(6) the number of written requests for a regu- ‘eligible countermeasure’ means— which the countermeasure sponsor or applicant latory management plan submitted under sub- ‘‘(A) a security countermeasure with respect seeks approval, licensure, or clearance, and the section (e)(3)(A), the number of regulatory man- to which the Secretary has entered into a pro- population for which desired labeling would not agement plans developed, and the number of curement contract under section 319F-2(c) of the be appropriate, if known; and such plans developed for security counter- Public Health Service Act; or ‘‘(G) as necessary and appropriate, and to the measures.’’. ‘‘(B) a countermeasure with respect to which extent practicable, a plan for demonstrating SEC. 307. PEDIATRIC MEDICAL COUNTER- the Biomedical Advanced Research and Devel- safety and effectiveness in pediatric popu- MEASURES. opment Authority has provided funding under lations, and for developing pediatric dosing, for- (a) PEDIATRIC STUDIES OF DRUGS.—Section section 319L of the Public Health Service Act for mulation, and administration with respect to 505A of the Federal Food, Drug, and Cosmetic advanced research and development. the eligible countermeasure, provided that such Act (21 U.S.C. 355a) is amended— (1) in subsection (d), by adding at the end the ‘‘(2) REGULATORY MANAGEMENT PLAN PROC- plan would not delay authorization under sec- following: ESS.—The Secretary, in consultation with the tion 564, approval, licensure, or clearance for ‘‘(5) CONSULTATION.—With respect to a drug Assistant Secretary for Preparedness and Re- adults. that is a qualified countermeasure (as defined in sponse and the Director of the Biomedical Ad- ‘‘(6) PRIORITIZATION.—If the Commissioner of section 319F–1 of the Public Health Service Act), vanced Research and Development Authority, Food and Drugs determines that resources are a security countermeasure (as defined in section shall establish a formal process for obtaining not available to establish regulatory manage- 319F–2 of the Public Health Service Act), or a scientific feedback and interactions regarding ment plans under this section for all eligible qualified pandemic or epidemic product (as de- the development and regulatory review of eligi- countermeasures for which a request is sub- fined in section 319F–3 of the Public Health ble countermeasures by facilitating the develop- mitted under paragraph (3)(A), the Director of Service Act), the Secretary shall solicit input ment of written regulatory management plans in the Biomedical Advanced Research and Devel- from the Assistant Secretary for Preparedness accordance with this subsection. opment Authority, in consultation with the and Response regarding the need for and, from ‘‘(3) SUBMISSION OF REQUEST AND PROPOSED Commissioner of Food and Drugs, shall the Director of the Biomedical Advanced Re- PLAN BY SPONSOR OR APPLICANT.— prioritize which eligible countermeasures may search and Development Authority regarding ‘‘(A) IN GENERAL.—A sponsor or applicant of receive regulatory managements plans, and in the conduct of, pediatric studies under this sec- an eligible countermeasure may initiate the doing so shall give priority to eligible counter- tion.’’; and process described under paragraph (2) upon sub- measures that are security countermeasures.’’. (2) in subsection (n)(1), by adding at the end mission of written request to the Secretary. Such SEC. 306. REPORT. the following: request shall include a proposed regulatory Section 565 of the Federal Food, Drug, and ‘‘(C) For a drug that is a qualified counter- management plan. Cosmetic Act (21 U.S.C. 360bbb–4), as amended measure (as defined in section 319F–1 of the ‘‘(B) TIMING OF SUBMISSION.—A sponsor or by section 305, is further amended by adding at Public Health Service Act), a security counter- applicant may submit a written request under the end the following: measure (as defined in section 319F–2 of the subparagraph (A) after the eligible counter- ‘‘(f) ANNUAL REPORT.—Not later than 180 Public Health Service Act), or a qualified pan- measure has an investigational new drug or in- days after the date of enactment of this sub- demic or epidemic product (as defined in section vestigational device exemption in effect. section, and annually thereafter, the Secretary 319F–3 of such Act), in addition to any action ‘‘(C) RESPONSE BY SECRETARY.—The Secretary shall submit to the Committee on Health, Edu- with respect to such drug under subparagraph shall direct the Food and Drug Administration, cation, Labor, and Pensions of the Senate and (A) or (B), the Secretary shall notify the Assist- upon submission of a written request by a spon- the Committee on Energy and Commerce of the ant Secretary for Preparedness and Response sor or applicant under subparagraph (A), to House of Representatives a report that details and the Director of the Biomedical Advanced work with the sponsor or applicant to agree on the countermeasure development and review ac- Research and Development Authority of all pe- a regulatory management plan within a reason- tivities of the Food and Drug Administration, diatric studies in the written request issued by able time not to exceed 90 days. If the Secretary including— the Commissioner of Food and Drugs.’’. determines that no plan can be agreed upon, the ‘‘(1) with respect to the development of new (b) ADDITION TO PRIORITY LIST CONSIDER- Secretary shall provide to the sponsor or appli- tools, standards, and approaches to assess and ATIONS.—Section 409I of the Public Health Serv- cant, in writing, the scientific or regulatory ra- evaluate countermeasures— ice Act (42 U.S.C. 284m) is amended— tionale why such agreement cannot be reached. ‘‘(A) the identification of the priorities of the (1) by striking subsection (a)(2) and inserting ‘‘(4) PLAN.—The content of a regulatory man- Food and Drug Administration and the progress the following: agement plan agreed to by the Secretary and a made on such priorities; and ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- sponsor or applicant shall include— ‘‘(B) the identification of scientific gaps that TION.—In developing and prioritizing the list ‘‘(A) an agreement between the Secretary and impede the development or approval, licensure, under paragraph (1), the Secretary— the sponsor or applicant regarding develop- or clearance of countermeasures for populations ‘‘(A) shall consider— mental milestones that will trigger responses by with special clinical needs, including children ‘‘(i) therapeutic gaps in pediatrics that may the Secretary as described in subparagraph (B); and pregnant women, and the progress made on include developmental pharmacology, ‘‘(B) performance targets and goals for timely resolving these challenges; pharmacogenetic determinants of drug response, and appropriate responses by the Secretary to ‘‘(2) with respect to countermeasures for metabolism of drugs and biologics in children, the triggers described under subparagraph (A), which a regulatory management plan has been and pediatric clinical trials; including meetings between the Secretary and agreed upon under subsection (e), the extent to ‘‘(ii) particular pediatric diseases, disorders or the sponsor or applicant, written feedback, deci- which the performance targets and goals set conditions where more complete knowledge and sions by the Secretary, and other activities car- forth in subsection (e)(4)(B) and the regulatory testing of therapeutics, including drugs and bio- ried out as part of the development and review management plan has been met, including, for logics, may be beneficial in pediatric popu- process; and each such countermeasure— lations; and ‘‘(C) an agreement on how the plan shall be ‘‘(A) whether the regulatory management ‘‘(iii) the adequacy of necessary infrastructure modified, if needed. plan was completed within the required time- to conduct pediatric pharmacological research, ‘‘(5) MILESTONES AND PERFORMANCE TAR- frame, and the length of time taken to complete including research networks and trained pedi- GETS.—The developmental milestones described such plan; atric investigators; and in paragraph (4)(A) and the performance targets ‘‘(B) whether the Secretary adhered to the ‘‘(B) may consider the availability of qualified and goals described in paragraph (4)(B) shall timely and appropriate response times set forth countermeasures (as defined in section 319F–1), include— in such plan; and security countermeasures (as defined in section ‘‘(A) feedback from the Secretary regarding ‘‘(C) explanations for any failure to meet such 319F–2), and qualified pandemic or epidemic the data required to support the approval, clear- performance targets and goals; products (as defined in section 319F–3) to ad- ance, or licensure of the eligible countermeasure ‘‘(3) the number of regulatory teams estab- dress the needs of pediatric populations, in con- involved; lished pursuant to subsection (b)(4), the number sultation with the Assistant Secretary for Pre- ‘‘(B) feedback from the Secretary regarding of products, classes of products, or technologies paredness and Response, consistent with the the data necessary to inform any authorization assigned to each such team, and the number of, purposes of this section.’’; and under section 564; type of, and any progress made as a result of (2) in subsection (b), by striking ‘‘subsection ‘‘(C) feedback from the Secretary regarding consultations carried out under subsection (a)’’ and inserting ‘‘paragraphs (1) and (2)(A) of the data necessary to support the positioning (b)(4)(A); subsection (a)’’.

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1483

(c) ADVICE AND RECOMMENDATIONS OF THE (4) in paragraph (9)(B), by inserting before under clause (i), the Secretary shall place a PEDIATRIC ADVISORY COMMITTEE REGARDING the period the following: ‘‘, except that this sub- high value on the demonstrated experience of COUNTERMEASURES FOR PEDIATRIC POPU- paragraph shall not be construed to prohibit the the entity in partnering with the Federal Gov- LATIONS.—Subsection (b)(2) of section 14 of the use of such amounts as otherwise authorized in ernment to meet identified strategic needs. Best Pharmaceuticals for Children Act (42 this title’’; and ‘‘(iii) NOT AGENCY.—An entity that enters into U.S.C. 284m note) is amended— (5) in paragraph (10), by adding at the end an agreement under clause (i) shall not be (1) in subparagraph (C), by striking the period the following: deemed to be a Federal agency for any purpose, and inserting ‘‘; and’’; and ‘‘(C) ADVANCED RESEARCH AND DEVELOP- including for any purpose under title 5, United (2) by adding at the end the following: MENT.—For purposes of this paragraph, the States Code. ‘‘(D) the development of countermeasures (as term ‘advanced research and development’ shall ‘‘(iv) DIRECTION.—Pursuant to an agreement defined in section 565(a) of the Federal Food, have the meaning given such term in section entered into under this subparagraph, the Sec- Drug, and Cosmetic Act) for pediatric popu- 319L(a).’’. retary, acting through the Director of BARDA, lations.’’. SEC. 402. BIOMEDICAL ADVANCED RESEARCH shall provide direction to the entity that enters TITLE IV—ACCELERATING MEDICAL AND DEVELOPMENT AUTHORITY. into an agreement under clause (i). As part of COUNTERMEASURE ADVANCED RE- (a) DUTIES.—Section 319L(c)(4) of the Public this agreement the Director of BARDA shall— SEARCH AND DEVELOPMENT Health Service Act (42 U.S.C. 247d–7e(c)(4)) is ‘‘(I) communicate the medical countermeasure amended— SEC. 401. BIOSHIELD. needs, requirements, and problems to be ad- (1) in subparagraph (B)(iii), by inserting dressed by the entity under the agreement; (a) REAUTHORIZATION OF THE SPECIAL RE- ‘‘(which may include advanced research and de- ‘‘(II) develop a description of work to be per- SERVE FUND.—Section 319F–2(c) of the Public velopment for purposes of fulfilling requirements formed by the entity under the agreement; Health Service Act (42 U.S.C. 247d-6b(c)) is under the Federal Food, Drug, and Cosmetic amended by adding at the end the following: ‘‘(III) provide technical feedback and appro- Act or section 351 of this Act)’’ after ‘‘develop- priate oversight over work carried out by the en- ‘‘(11) REAUTHORIZATION OF THE SPECIAL RE- ment’’; and tity under the agreement, including subsequent SERVE FUND.—In addition to amounts otherwise (2) in subparagraph (D)(iii), by striking ‘‘and development and partnerships consistent with appropriated, there are authorized to be appro- vaccine manufacturing technologies’’ and in- the needs and requirements set forth in this sub- priated for the special reserve fund, serting ‘‘vaccine manufacturing technologies, paragraph; $2,800,000,000 for the fiscal years 2014 through dose sparing technologies, efficacy increasing ‘‘(IV) ensure fair consideration of products 2018. technologies, and platform technologies’’. developed under the agreement in order to main- ‘‘(12) REPORT.—Not later than 30 days after (b) STRATEGIC PUBLIC-PRIVATE PARTNER- tain competition to the maximum practical ex- any date on which the Secretary determines SHIP.—Section 319L(c)(4) of the Public Health that the amount of funds in the special reserve Service Act (42 U.S.C. 247d-7e(c)(4)) is amended tent, as applicable and appropriate under appli- fund available for procurement is less than by adding at the end the following: cable provisions of this section; and $1,500,000,000, the Secretary shall submit to the ‘‘(E) STRATEGIC INVESTOR.— ‘‘(V) ensure, as a condition of the agreement— appropriate committees of Congress a report de- ‘‘(i) IN GENERAL.—To support the purposes de- ‘‘(aa) a comprehensive set of policies that tailing the amount of such funds available for scribed in paragraph (2), the Secretary, acting demonstrate a commitment to transparency and procurement and the impact such reduction in through the Director of BARDA, may enter into accountability; funding will have— an agreement (including through the use of ‘‘(bb) protection against conflicts of interest ‘‘(A) in meeting the security countermeasure grants, contracts, cooperative agreements, or through a comprehensive set of policies that ad- needs identified under this section; and other transactions as described in paragraph dress potential conflicts of interest, ethics, dis- ‘‘(B) on the biennial Public Health Emergency (5)) with an independent, non-profit entity to— closure, and reporting requirements; Medical Countermeasures Enterprise and Strat- ‘‘(I) foster and accelerate the development and ‘‘(cc) that the entity provides monthly ac- egy Implementation Plan (pursuant to section innovation of medical countermeasures and counting on the use of funds provided under 2811(d)).’’. technologies that may assist advanced research such agreement; and (b) PROCUREMENT OF COUNTERMEASURES.— and development of qualified countermeasures ‘‘(dd) that the entity provides on a quarterly Section 319F–2(c) of the Public Health Service and qualified pandemic or epidemic products, basis, reports regarding the progress made to- Act (42 U.S.C. 247d–6b(c)) is amended— including strategic investment through the use ward meeting the identified needs set forth in (1) in paragraph (1)(B)(i)(III)(bb), by striking of venture capital practices and methods; the agreement. ‘‘eight years’’ and inserting ‘‘10 years’’; ‘‘(II) promote the development of new and ‘‘(v) SUPPLEMENT NOT SUPPLANT.—Activities (2) in paragraph (5)(B)(ii), by striking ‘‘eight promising technologies that address urgent med- carried out under this subparagraph shall sup- years’’ and inserting ‘‘10 years’’; ical countermeasure needs, as identified by the plement, and not supplant, other activities car- (3) in paragraph (7)(C)— Secretary; ried out under this section. (A) in clause (i)(I), by inserting ‘‘including ‘‘(III) address unmet public health needs that ‘‘(vi) NO ESTABLISHMENT OF ENTITY.—To pre- advanced research and development,’’ after ‘‘as are directly related to medical countermeasure vent unnecessary duplication and target re- may reasonably be required,’’; requirements, such as novel antimicrobials for sources effectively, nothing in this subpara- (B) in clause (ii)— multidrug resistant organisms and multiuse graph shall be construed to authorize the Sec- (i) in subclause (III), by striking ‘‘eight platform technologies for diagnostics, prophy- retary to establish within the Department of years’’ and inserting ‘‘10 years’’; and laxis, vaccines, and therapeutics; and Health and Human Services a strategic investor (ii) by striking subclause (IX) and inserting ‘‘(IV) provide expert consultation and advice entity. the following: to foster viable medical countermeasure ‘‘(vii) TRANSPARENCY AND OVERSIGHT.—Upon ‘‘(IX) CONTRACT TERMS.—The Secretary, in innovators, including helping qualified counter- request, the Secretary shall provide to Congress any contract for procurement under this sec- measure innovators navigate unique industry the information provided to the Secretary under tion— challenges with respect to developing chemical, clause (iv)(V)(dd). ‘‘(aa) may specify— biological, radiological, and nuclear counter- ‘‘(viii) INDEPENDENT EVALUATION.—Not later ‘‘(AA) the dosing and administration require- measure products. than 4 years after the date of enactment of this ments for the countermeasure to be developed ‘‘(ii) ELIGIBILITY.— subparagraph, the Government Accountability ‘‘(I) IN GENERAL.—To be eligible to enter into and procured; Office shall conduct an independent evaluation, an agreement under clause (i) an entity shall— and submit to the Secretary and the appropriate ‘‘(BB) the amount of funding that will be ‘‘(aa) be an independent, non-profit entity not committees of Congress a report, concerning the dedicated by the Secretary for advanced re- otherwise affiliated with the Department of activities conducted under this subparagraph. search, development, and procurement of the Health and Human Services; countermeasure; and ‘‘(bb) have a demonstrated record of being Such report shall include recommendations with ‘‘(CC) the specifications the countermeasure able to create linkages between innovators and respect to any agreement or activities carried must meet to qualify for procurement under a investors and leverage such partnerships and re- out pursuant to this subparagraph. contract under this section; and sources for the purpose of addressing identified ‘‘(ix) SUNSET.—This subparagraph shall have ‘‘(bb) shall provide a clear statement of de- strategic needs of the Federal Government; no force or effect after September 30, 2016.’’. fined Government purpose limited to uses re- ‘‘(cc) have experience in promoting novel tech- (c) TRANSACTION AUTHORITIES.—Section lated to a security countermeasure, as defined nology innovation; 319L(c)(5) of the Public Health Service Act (42 in paragraph (1)(B).’’; and ‘‘(dd) be problem driven and solution focused U.S.C. 247d–7e(c)(5)) is amended by adding at (C) by adding at the end the following: based on the needs, requirements, and problems the end the following: ‘‘(viii) FLEXIBILITY.—In carrying out this sec- identified by the Secretary under clause (iv); ‘‘(G) GOVERNMENT PURPOSE.—In awarding tion, the Secretary may, consistent with the ap- ‘‘(ee) demonstrate the ability, or the potential contracts, grants, and cooperative agreements plicable provisions of this section, enter into ability, to promote the development of medical under this section, the Secretary shall provide a contracts and other agreements that are in the countermeasure products; and clear statement of defined Government purpose best interest of the Government in meeting iden- ‘‘(ff) demonstrate expertise, or the capacity to related to activities included in subsection tified security countermeasure needs, including develop or acquire expertise, related to technical (a)(6)(B) for a qualified countermeasure or with respect to reimbursement of the cost of ad- and regulatory considerations with respect to qualified pandemic or epidemic product.’’. vanced research and development as a reason- medical countermeasures. (d) FUND.—Paragraph (2) of section 319L(d) of able, allowable, and allocable direct cost of the ‘‘(II) PARTNERING EXPERIENCE.—In selecting the Public Health Service Act (42 U.S.C. 247d– contract involved.’’; an entity with which to enter into an agreement 7e(d)(2)) is amended to read as follows:

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1484 CONGRESSIONAL RECORD — SENATE March 7, 2012 ‘‘(2) FUNDING.—To carry out the purposes of (B) in paragraph (7)(B)(iii), by inserting ‘‘, amended, be read the third time and this section, there is authorized to be appro- 564A, or 564B’’ after ‘‘564’’. passed, with no intervening action or priated to the Fund $415,000,000 for each of fis- SEC. 403. STRATEGIC NATIONAL STOCKPILE. debate, and that any statements relat- cal years 2012 through 2016, such amounts to re- (a) IN GENERAL.—Section 319F–2 of the Public ing to the measure be printed in the main available until expended.’’. Health Service Act (42 U.S.C. 247d–6b) is amend- RECORD. (e) CONTINUED INAPPLICABILITY OF CERTAIN ed— PROVISIONS.—Section 319L(e)(1)(C) of the Public (1) in subsection (a)— The PRESIDING OFFICER. Without Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is (A) in paragraph (1)— objection, it is so ordered. amended by striking ‘‘7 years’’ and inserting ‘‘10 (i) by inserting ‘‘consistent with section 2811’’ The amendment (No. 1823) was agreed years’’. before ‘‘by the Secretary to be appropriate’’; and to, as follows: (f) EXTENSION OF LIMITED ANTITRUST EXEMP- (ii) by inserting before the period at the end (Purpose: To make certain technical TION.—Section 405(b) of the Pandemic and All- the following: ‘‘and shall submit such review corrections) Hazards Preparedness Act (42 U.S.C. 247d–6a annually to the appropriate Congressional com- On page 80, line 18, insert ‘‘medical and note) is amended by striking ‘‘6-year’’ and in- mittees of jurisdiction to the extent that disclo- public health’’ before ‘‘needs of children’’. serting ‘‘10-year’’. sure of such information does not compromise On page 80, lines 19 and 20, strike ‘‘, includ- (g) INDEPENDENT EVALUATION.—Section 319L national security’’; and ing public health emergencies’’. of the Public Health Service Act (42 U.S.C. 247d– (B) in paragraph (2)— 7e) is amended by adding at the end the fol- (i) by redesignating subparagraphs (E) On page 82, between lines 5 and 6, insert lowing: through (H) as subparagraphs (F) through (I), the following: ‘‘(G) the Administrator of the Federal ‘‘(f) INDEPENDENT EVALUATION.— respectively; and ‘‘(1) IN GENERAL.—Not later than 180 days (ii) by inserting after subparagraph (D), the Emergency Management Agency;’’. after the date of enactment of this subsection, following: On page 82, line 6, strike ‘‘(G) at least two’’ the Government Accountability Office shall con- ‘‘(E) identify and address the potential deple- and insert ‘‘(H) at least two non-Federal’’. duct an independent evaluation of the activities tion and ensure appropriate replenishment of On page 82, line 9, strike ‘‘(H)’’ and insert carried out to facilitate flexible manufacturing medical countermeasures, including those cur- ‘‘(I)’’. capacity pursuant to this section. rently in the stockpile;’’; and On page 82, line 13, strike ‘‘(I)’’ and insert ‘‘(2) REPORT.—Not later than 1 year after the (2) in subsection (f)(1), by striking ‘‘(J)’’. date of enactment of this subsection, the Gov- ‘‘$640,000,000 for fiscal year 2002, and such sums The committee amendment in the ernment Accountability Office shall submit to as may be necessary for each of fiscal years 2003 nature of a substitute, as amended, was the appropriate committees of Congress a report through 2006’’ and inserting ‘‘$522,486,000 for agreed to. concerning the results of the evaluation con- each of fiscal years 2012 through 2016’’. The bill (S. 1855), as amended, was or- ducted under paragraph (1). Such report shall (b) REPORT ON POTASSIUM IODIDE.—Not later dered to be engrossed for a third read- review and assess— than 270 days after the date of enactment of this ‘‘(A) the extent to which flexible manufac- Act, the Secretary of Health and Human Serv- ing, was read the third time, and turing capacity under this section is dedicated ices shall submit to the appropriate Committees passed, as follows: to chemical, biological, radiological, and nu- of Congress a report regarding the stockpiling of S. 1855 clear threats; potassium iodide. Such report shall include— Be it enacted by the Senate and House of Rep- ‘‘(B) the activities supported by flexible manu- (1) an assessment of the availability of potas- resentatives of the United States of America in facturing initiatives; and sium iodide at Federal, State, and local levels; Congress assembled, ‘‘(C) the ability of flexible manufacturing ac- and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tivities carried out under this section to— (2) a description of the extent to which such (a) SHORT TITLE.—This Act may be cited as ‘‘(i) secure and leverage leading technical ex- activities and policies provide public health pro- the ‘‘Pandemic and All-Hazards Preparedness pertise with respect to countermeasure advanced tection in the event of a nuclear incident, Act Reauthorization of 2011’’. research, development, and manufacturing proc- whether unintentional or deliberate, including (b) TABLE OF CONTENTS.—The table of con- esses; and an act of terrorism. tents of this Act is as follows: ‘‘(ii) meet the surge manufacturing capacity SEC. 404. NATIONAL BIODEFENSE SCIENCE needs presented by novel and emerging threats, BOARD. Sec. 1. Short title; table of contents. including chemical, biological, radiological and Section 319M(a) of the Public Health Service TITLE I—STRENGTHENING NATIONAL nuclear agents.’’. Act (42 U.S.C. 247d–f(a)) is amended— PREPAREDNESS AND RESPONSE FOR (h) DEFINITIONS.— (1) in paragraph (2)— PUBLIC HEALTH EMERGENCIES (1) QUALIFIED COUNTERMEASURE.—Section (A) in subparagraph (D)— Sec. 101. National Health Security Strategy. 319F–1(a)(2)(A) of the Public Health Service Act (i) in the matter preceding clause (i), by strik- Sec. 102. Assistant Secretary for Prepared- (42 U.S.C. 247d–6a(a)(2)(A)) is amended— ing ‘‘five’’ and inserting ‘‘six’’; ness and Response. (A) in the matter preceding clause (i), by (ii) in clause (i), by striking ‘‘and’’ at the end; Sec. 103. National Advisory Committee on striking ‘‘to—’’ and inserting ‘‘—’’; (iii) in clause (ii), by striking the period and Children and Disasters. (B) in clause (i)— inserting a semicolon; and Sec. 104. Modernization of the National Dis- (i) by striking ‘‘diagnose’’ and inserting ‘‘to (iv) by adding at the end the following: aster Medical System. diagnose’’; and ‘‘(iii) one such member shall be an individual Sec. 105. Continuing the role of the Depart- (ii) by striking ‘‘; or’’ and inserting a semi- with pediatric subject matter expertise; and ment of Veterans Affairs. colon; ‘‘(iv) one such member shall be a State, tribal, (C) in clause (ii)— territorial, or local public health official.’’; and TITLE II—OPTIMIZING STATE AND (i) by striking ‘‘diagnose’’ and inserting ‘‘to (B) by adding at the end the following flush LOCAL ALL-HAZARDS PREPAREDNESS diagnose’’; and sentence: AND RESPONSE (ii) by striking the period at the end and in- ‘‘Nothing in this paragraph shall preclude a Sec. 201. Improving State and local public serting ‘‘; or’’; and member of the Board from satisfying two or health security. (D) by adding at the end the following: more of the requirements described in subpara- Sec. 202. Hospital preparedness and medical ‘‘(iii) is a product or technology intended to graph (D).’’; surge capacity. enhance the use or effect of a drug, biological (2) in paragraph (5)— Sec. 203. Enhancing situational awareness product, or device described in clause (i) or (A) in subparagraph (B), by striking ‘‘and’’ at and biosurveillance. (ii).’’. the end; TITLE III—ENHANCING MEDICAL (2) QUALIFIED PANDEMIC OR EPIDEMIC PROD- (B) in subparagraph (C), by striking the pe- COUNTERMEASURE REVIEW UCT.—Section 319F–3(i)(7)(A) of the Public riod and inserting ‘‘; and’’; and Sec. 301. Special protocol assessment. Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) is (C) by adding at the end the following: Sec. 302. Authorization of medical products amended— ‘‘(D) provide any recommendation, finding, or for use in emergencies. (A) in clause (i)(II), by striking ‘‘; or’’ and in- report provided to the Secretary under this Sec. 303. Definitions. serting ‘‘;’’; paragraph to the appropriate committees of Sec. 304. Enhancing medical countermeasure (B) in clause (ii), by striking ‘‘; and’’ and in- Congress.’’; and activities. serting ‘‘; or’’; and (3) in paragraph (8), by adding at the end the Sec. 305. Regulatory management plans. (C) by adding at the end the following: following: ‘‘Such chairperson shall serve as the Sec. 306. Report. ‘‘(iii) a product or technology intended to en- deciding vote in the event that a deciding vote Sec. 307. Pediatric medical counter- hance the use or effect of a drug, biological is necessary with respect to voting by members measures. product, or device described in clause (i) or (ii); of the Board.’’. TITLE IV—ACCELERATING MEDICAL and’’. Mr. REID. Mr. President, I ask unan- (3) TECHNICAL AMENDMENTS.—Section 319F– COUNTERMEASURE ADVANCED RE- 3(i) of the Public Health Service Act (42 U.S.C. imous consent that the Harkin amend- SEARCH AND DEVELOPMENT 247d–6d(i)) is amended— ment, which is at desk, be agreed to, Sec. 401. BioShield. (A) in paragraph (1)(C), by inserting ‘‘, 564A, the committee-reported substitute, as Sec. 402. Biomedical Advanced Research and or 564B’’ after ‘‘564’’; and amended, be agreed to, the bill, as Development Authority.

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0655 E:\CR\FM\A07MR6.003 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1485 Sec. 403. Strategic National Stockpile. inserting ‘‘preparedness goals, as described of Homeland Security, the Department of Sec. 404. National Biodefense Science Board. in section 2802(b),’’; and Defense, the Department of Veterans Affairs, TITLE I—STRENGTHENING NATIONAL (5) by inserting after paragraph (6), the fol- and other applicable Federal departments PREPAREDNESS AND RESPONSE FOR lowing: and agencies, as necessary and appropriate, PUBLIC HEALTH EMERGENCIES ‘‘(7) disseminate and, as appropriate, up- to identify, inform, and address gaps in and date novel and best practices of outreach to SEC. 101. NATIONAL HEALTH SECURITY STRAT- policies related to all-hazards medical and EGY. and care of at-risk individuals before, during, public health preparedness, including exer- and following public health emergencies in (a) IN GENERAL.—Section 2802 of the Public cises based on— Health Service Act (42 U.S.C. 300hh–1) is as timely a manner as is practicable, includ- ‘‘(A) identified threats for which counter- amended— ing from the time a public health threat is measures are available and for which no (1) in subsection (a)(1), by striking ‘‘2009’’ identified; and countermeasures are available; and and inserting ‘‘2014’’; and ‘‘(8) ensure that public health and medical ‘‘(B) unknown threats for which no coun- information distributed by the Department (2) in subsection (b)— termeasures are available; and of Health and Human Services during a pub- (A) in paragraph (3)— ‘‘(5) assume other duties as determined ap- lic health emergency is delivered in a man- (i) in the matter preceding subparagraph propriate by the Secretary.’’; and ner that takes into account the range of (A)— (3) by adding at the end the following: communication needs of the intended recipi- (I) by striking ‘‘facilities), and trauma ‘‘(d) NATIONAL SECURITY PRIORITY.—The ents, including at-risk individuals.’’. care’’ and inserting ‘‘facilities and which Secretary, acting through the Assistant Sec- may include dental health facilities), and SEC. 102. ASSISTANT SECRETARY FOR PRE- retary for Preparedness and Response, shall PAREDNESS AND RESPONSE. trauma care, critical care,’’; and on a periodic basis conduct meetings, as ap- Section 2811 of the Public Health Service plicable and appropriate, with the Assistant (II) by inserting ‘‘(including related avail- Act (42 U.S.C. 300hh–10) is amended— to the President for National Security Af- ability, accessibility, and coordination)’’ (1) in subsection (b)(4), by adding at the fairs to provide an update on, and discuss, after ‘‘public health emergencies’’; end the following: medical and public health preparedness and (ii) in subparagraph (A), by inserting ‘‘and ‘‘(D) POLICY COORDINATION AND STRATEGIC response activities pursuant to this Act and trauma’’ after ‘‘medical’’; DIRECTION.—Provide integrated policy co- the Federal Food, Drug, and Cosmetic Act, (iii) in subparagraph (D), by inserting ordination and strategic direction with re- including progress on the development, ap- ‘‘(which may include such dental health as- spect to all matters related to Federal public proval, clearance, and licensure of medical sets)’’ after ‘‘medical assets’’; health and medical preparedness and execu- countermeasures. (iv) by adding at the end the following: tion and deployment of the Federal response ‘‘(F) Optimizing a coordinated and flexible for public health emergencies and incidents ‘‘(e) PUBLIC HEALTH EMERGENCY MEDICAL approach to the medical surge capacity of covered by the National Response Plan de- COUNTERMEASURES ENTERPRISE STRATEGY hospitals, other healthcare facilities, and veloped pursuant to section 502(6) of the AND IMPLEMENTATION PLAN.— trauma care (which may include trauma cen- Homeland Security Act of 2002, or any suc- ‘‘(1) IN GENERAL.—Not later than 180 days ters) and emergency medical systems.’’; cessor plan, before, during, and following after the date of enactment of this sub- (B) in paragraph (4)— public health emergencies.’’; section, and every other year thereafter, the (i) in subparagraph (A), by inserting ‘‘, in- (2) by striking subsection (c) and inserting Secretary, acting through the Assistant Sec- cluding the unique needs and considerations the following: retary for Preparedness and Response and in of individuals with disabilities,’’ after ‘‘med- ‘‘(c) FUNCTIONS.—The Assistant Secretary consultation with the Director of the Bio- ical needs of at-risk individuals’’; and for Preparedness and Response shall— medical Advanced Research and Develop- (ii) in subparagraph (B), by inserting ‘‘the’’ ‘‘(1) have authority over and responsibility ment Authority, the Director of the National before ‘‘purpose of this section’’; and for— Institutes of Health, the Director of the Cen- (C) by adding at the end the following: ‘‘(A) the National Disaster Medical System ters for Disease Control and Prevention, and ‘‘(7) COUNTERMEASURES.— (in accordance with section 301 of the Pan- the Commissioner of the Food and Drug Ad- ‘‘(A) Promoting strategic initiatives to ad- demic and All-Hazards Preparedness Act); ministration, shall develop and submit to vance countermeasures to diagnose, miti- ‘‘(B) the Hospital Preparedness Coopera- the appropriate committees of Congress a co- gate, prevent, or treat harm from any bio- tive Agreement Program pursuant to section ordinated strategy and accompanying imple- logical agent or toxin, chemical, radio- 319C–2; mentation plan for medical countermeasures logical, or nuclear agent or agents, whether ‘‘(C) the Medical Reserve Corps pursuant to to address chemical, biological, radiological, naturally occurring, unintentional, or delib- section 2813; and nuclear threats. Such strategy and plan erate. ‘‘(D) the Emergency System for Advance shall be known as the ‘Public Health Emer- ‘‘(B) For purposes of this paragraph the Registration of Volunteer Health Profes- gency Medical Countermeasures Enterprise term ‘countermeasures’ has the same mean- sionals pursuant to section 319I; and Strategy and Implementation Plan’. ing as the terms ‘qualified countermeasures’ ‘‘(E) administering grants and related au- ‘‘(2) REQUIREMENTS.—The plan under para- under section 319F–1, ‘qualified pandemic and thorities related to trauma care under parts graph (1) shall— epidemic products’ under section 319F–3, and A through C of title XII, such authority to be ‘‘(A) consider and reflect the full spectrum ‘security countermeasures’ under section transferred by the Secretary from the Ad- of medical countermeasure-related activi- 319F–2. ministrator of the Health Resources and ties, including research, advanced research, ‘‘(8) MEDICAL AND PUBLIC HEALTH COMMU- Services Administration to such Assistant development, procurement, stockpiling, de- NITY RESILIENCY.—Strengthening the ability Secretary; ployment, and distribution; of States, local communities, and tribal ‘‘(2) exercise the responsibilities and au- ‘‘(B) identify and prioritize near-term, communities to prepare for, respond to, and thorities of the Secretary with respect to the mid-term, and long-term priority qualified be resilient in the event of public health coordination of— and security countermeasure (as defined in emergencies, whether naturally occurring, ‘‘(A) the Public Health Emergency Pre- sections 319F–1 and 319F–2) needs and goals of unintentional, or deliberate by— paredness Cooperative Agreement Program the Federal Government according to chem- ‘‘(A) optimizing alignment and integration pursuant to section 319C–1; ical, biological, radiological, and nuclear of medical and public health preparedness ‘‘(B) the Strategic National Stockpile; and threat or threats; and response planning and capabilities with ‘‘(C) the Cities Readiness Initiative; ‘‘(C) identify projected timelines, antici- and into routine daily activities; and ‘‘(3) align and coordinate medical and pub- pated funding allocations, benchmarks, and ‘‘(B) promoting familiarity with local med- lic health grants and cooperative agreements milestones for each medical countermeasure ical and public health systems.’’. as applicable to preparedness and response priority under subparagraph (B), including (b) AT-RISK INDIVIDUALS.—Section 2814 of activities authorized under this Act, to the projected needs with regard to replenishment the Public Health Service Act (42 U.S.C. extent possible, including program require- of the Strategic National Stockpile; 300hh–16) is amended— ments, timelines, and measurable goals, and ‘‘(D) be informed by the recommendations (1) by striking paragraphs (5), (7), and (8); in coordination with the Secretary of Home- of the National Biodefense Science Board (2) by redesignating paragraphs (1) through land Security, to— pursuant to section 319M; (4) as paragraphs (2) through (5), respec- ‘‘(A) optimize and streamline medical and ‘‘(E) report on advanced research and de- tively; public health preparedness capabilities and velopment awards and the date of the (3) by inserting before paragraph (2) (as so the ability of local communities to respond issuance of contract awards, including redesignated), the following: to public health emergencies; awards made through the special reserve ‘‘(1) monitor emerging issues and concerns ‘‘(B) minimize duplication of efforts with fund (as defined in section 319F–2(c)(10)); as they relate to medical and public health regard to medical and public health pre- ‘‘(F) identify progress made in meeting the preparedness and response for at-risk indi- paredness and response programs; and goals, benchmarks, and milestones identified viduals in the event of a public health emer- ‘‘(C) gather and disseminate best practices under subparagraph (C) in plans submitted gency declared by the Secretary under sec- among grant and cooperative agreement re- subsequent to the initial plan; tion 319;’’; cipients, as appropriate; ‘‘(G) identify the progress made in meeting (4) in paragraph (2) (as so redesignated), by ‘‘(4) carry out drills and operational exer- the medical countermeasure priorities for striking ‘‘National Preparedness goal’’ and cises, in coordination with the Department at-risk individuals, (as defined in

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1486 CONGRESSIONAL RECORD — SENATE March 7, 2012 2802(b)(4)(B)), as applicable under subpara- SEC. 103. NATIONAL ADVISORY COMMITTEE ON and All-Hazards Preparedness Act Reauthor- graph (B), including with regard to the pro- CHILDREN AND DISASTERS. ization of 2011.’’. jected needs for related stockpiling and re- Subtitle B of title XXVIII of the Public SEC. 104. MODERNIZATION OF THE NATIONAL plenishment of the Strategic National Health Service Act (42 U.S.C. 300hh et seq.) is DISASTER MEDICAL SYSTEM. Stockpile; and amended by inserting after section 2811 the Section 2812 of the Public Health Service ‘‘(H) be made publicly available. end the following: Act (42 U.S.C. 300hh–11) is amended— ‘‘(3) GAO REPORT.— ‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE (1) in subsection (a)(3)— ‘‘(A) IN GENERAL.—Not later than 1 year ON CHILDREN AND DISASTERS. (A) in subparagraph (A), in clause (i) by in- after the date on which a Public Health ‘‘(a) ESTABLISHMENT.—The Secretary, in serting ‘‘, including at-risk individuals as ap- Emergency Medical Countermeasures Enter- consultation with the Secretary of Homeland plicable’’ after ‘‘victims of a public health prise Strategy and Implementation Plan Security, shall establish an advisory com- emergency’’; under this subsection is issued by the Sec- mittee to be known as the ‘National Advi- (B) by redesignating subparagraph (C) as retary, the Government Accountability Of- sory Committee on Children and Disasters’ subparagraph (E); and fice shall conduct an independent evaluation (referred to in this section as the ‘Advisory (C) by inserting after subparagraph (B), the and submit to the appropriate committees of Committee’). following: ‘‘(b) DUTIES.—The Advisory Committee Congress a report concerning such strategy ‘‘(C) CONSIDERATIONS FOR AT-RISK POPU- shall— and implementation plan. LATIONS.—The Secretary shall take steps to ‘‘(1) provide advice and consultation with ‘‘(B) CONTENT.—The report described in ensure that an appropriate specialized and subparagraph (A) shall review and assess— respect to the activities carried out pursuant focused range of public health and medical ‘‘(i) the near-term, mid-term, and long- to section 2814, as applicable and appro- capabilities are represented in the National term medical countermeasure needs and priate; Disaster Medical System, which take into identified priorities of the Federal Govern- ‘‘(2) evaluate and provide input with re- account the needs of at-risk individuals, in ment pursuant to subparagraphs (A) and (B) spect to the medical and public health needs the event of a public health emergency.’’. of children as they relate to preparation for, of paragraph (2); ‘‘(D) ADMINISTRATION.—The Secretary may ‘‘(ii) the activities of the Department of response to, and recovery from all-hazards; determine and pay claims for reimbursement Health and Human Services with respect to and for services under subparagraph (A) directly advanced research and development pursuant ‘‘(3) provide advice and consultation to or through contracts that provide for pay- to section 319L; and States and territories with respect to State ment in advance or by way of reimburse- ‘‘(iii) the progress made toward meeting emergency preparedness and response activi- ment.’’; and the goals, benchmarks, and milestones iden- ties and children, including related drills and (2) in subsection (g), by striking ‘‘such tified in the Public Health Emergency Med- exercises pursuant to the preparedness goals sums as may be necessary for each of the fis- ical Countermeasures Enterprise Strategy under section 2802(b). cal years 2007 through 2011’’ and inserting ‘‘(c) ADDITIONAL DUTIES.—The Advisory and Implementation Plan under this sub- ‘‘$56,000,000 for each of fiscal years 2012 Committee may provide advice and rec- section. through 2016’’. ommendations to the Secretary with respect ‘‘(f) INTERNAL MULTIYEAR PLANNING PROC- to children and the medical and public SEC. 105. CONTINUING THE ROLE OF THE DE- PARTMENT OF VETERANS AFFAIRS. ESS.—The Secretary shall develop, and up- health grants and cooperative agreements as date on an annual basis, a coordinated 5-year Section 8117(g) of title 38, United States applicable to preparedness and response ac- Code, is amended by striking ‘‘such sums as budget plan based on the medical counter- tivities authorized under this title and title measure priorities and goals described in may be necessary to carry out this section III. for each of fiscal years 2007 through 2011’’ subsection (e). Each such plan shall— ‘‘(d) MEMBERSHIP.— and inserting ‘‘$156,500,000 for each of fiscal ‘‘(1) include consideration of the entire ‘‘(1) IN GENERAL.—The Secretary, in con- years 2012 through 2016 to carry out this sec- medical countermeasures enterprise, includ- sultation with such other Secretaries as may tion’’. ing— be appropriate, shall appoint not to exceed 15 ‘‘(A) basic research, advanced research and members to the Advisory Committee. In ap- TITLE II—OPTIMIZING STATE AND LOCAL development; pointing such members, the Secretary shall ALL-HAZARDS PREPAREDNESS AND RE- ‘‘(B) approval, clearance, licensure, and au- ensure that the total membership of the Ad- SPONSE thorized uses of products; and visory Committee is an odd number. SEC. 201. IMPROVING STATE AND LOCAL PUBLIC ‘‘(C) procurement, stockpiling, mainte- ‘‘(2) REQUIRED MEMBERS.—The Secretary, HEALTH SECURITY. nance, and replenishment of all products in in consultation with such other Secretaries (a) COOPERATIVE AGREEMENTS.—Section the Strategic National Stockpile; as may be appropriate, may appoint to the 319C–1 of the Public Health Service Act (42 ‘‘(2) include measurable outputs and out- Advisory Committee under paragraph (1) U.S.C. 247d–3a) is amended— comes to allow for the tracking of the such individuals as may be appropriate to (1) in subsection (b)(2)— progress made toward identified goals; perform the duties described in subsections (A) in subparagraph (A)— ‘‘(3) identify medical countermeasure life- (b) and (c), which may include— (i) by striking clauses (i) and (ii) and in- cycle costs to inform planning, budgeting, ‘‘(A) the Assistant Secretary for Prepared- serting the following: and anticipated needs within the continuum ness and Response; ‘‘(i) a description of the activities such en- of the medical countermeasure enterprise ‘‘(B) the Director of the Biomedical Ad- tity will carry out under the agreement to consistent with section 319F–2; and vanced Research and Development Author- meet the goals identified under section 2802, ‘‘(4) be made available to the appropriate ity; including with respect to chemical, biologi- committees of Congress upon request. ‘‘(C) the Director of the Centers for Disease cal, radiological, or nuclear threats, whether ‘‘(g) INTERAGENCY COORDINATION PLAN.— Control and Prevention; naturally occurring, unintentional, or delib- Not later than 1 year after the date of enact- ‘‘(D) the Commissioner of Food and Drugs; erate; ment of this subsection, the Secretary, in co- ‘‘(E) the Director of the National Insti- ‘‘(ii) a description of the activities such en- ordination with the Secretary of Defense, tutes of Health; tity will carry out with respect to pandemic shall submit to the appropriate committees ‘‘(F) the Assistant Secretary of the Admin- influenza, as a component of the activities of Congress a report concerning the manner istration for Children and Families; carried out under clause (i), and consistent in which the Department of Health and ‘‘(G) the Administrator of the Federal with the requirements of paragraphs (2) and Human Services is coordinating with the De- Emergency Management Agency; (5) of subsection (g);’’; partment of Defense regarding counter- ‘‘(H) at least two non-Federal health care (ii) in clause (iv), by striking ‘‘and’’ at the measure activities to address chemical, bio- professionals with expertise in pediatric end; and logical, radiological, and nuclear threats. medical disaster planning, preparedness, re- (iii) by adding at the end the following: Such report shall include information with sponse, or recovery; ‘‘(vi) a description of how, as appropriate, respect to— ‘‘(I) at least two representatives from the entity may partner with relevant public ‘‘(1) the research, advanced research, devel- State, local, territories, or tribal agencies and private stakeholders in public health opment, procurement, stockpiling, and dis- with expertise in pediatric disaster planning, emergency preparedness and response; tribution of countermeasures to meet identi- preparedness, response, or recovery; and ‘‘(vii) a description of how the entity, as fied needs; and ‘‘(J) representatives from such Federal applicable and appropriate, will coordinate ‘‘(2) the coordination of efforts between the agencies (such as the Department of Edu- with State emergency preparedness and re- Department of Health and Human Services cation and the Department of Homeland Se- sponse plans in public health emergency pre- and the Department of Defense to address curity) as determined necessary to fulfill the paredness, including State educational agen- countermeasure needs for various segments duties of the Advisory Committee, as estab- cies (as defined in section 9101(41) of the Ele- of the population. lished under subsections (b) and (c). mentary and Secondary Education Act of ‘‘(h) PROTECTION OF NATIONAL SECURITY.— ‘‘(e) MEETINGS.—The Advisory Committee 1965) and State child care lead agencies (as In carrying out subsections (e), (f), and (g), shall meet not less than biannually. defined in section 658D of the Child Care and the Secretary shall ensure that information ‘‘(f) SUNSET.—The Advisory Committee Development Block Grant Act); and and items that could compromise national shall terminate on the date that is 5 years ‘‘(viii) in the case of entities that operate security are not disclosed.’’. after the date of enactment of the Pandemic on the United States-Mexico border or the

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1487 United States-Canada border, a description sponse goals pursuant to section 2802(b), as ‘‘$378,000,000 for each of fiscal years 2012 of the activities such entity will carry out appropriate and applicable; through 2016’’; and under the agreement that are specific to the ‘‘(C) whether recipients or the Department (B) by adding at the end the following: border area including disease detection, of Health and Human Services have identi- ‘‘(4) AVAILABILITY OF COOPERATIVE AGREE- identification, and investigation, and pre- fied any factors that may impede a recipi- MENT FUNDS.— paredness and response activities related to ent’s ability to achieve programmatic goals ‘‘(A) IN GENERAL.—Amounts provided to an emerging diseases and infectious disease out- and requirements; and eligible entity under a cooperative agree- breaks whether naturally-occurring or due ‘‘(D) instances in which funds may not ment under subsection (a) for a fiscal year to bioterrorism, consistent with the require- have been used appropriately, in accordance and remaining unobligated at the end of such ments of this section;’’; and with grant and cooperative agreement re- year shall remain available to such entity (B) in subparagraph (C), by inserting ‘‘, in- quirements, and actions taken to address in- for the next fiscal year for the purposes for cluding addressing the needs of at-risk indi- appropriate expenditures.’’. which such funds were provided. viduals,’’ after ‘‘capabilities of such entity’’; SEC. 202. HOSPITAL PREPAREDNESS AND MED- ‘‘(B) FUNDS CONTINGENT ON ACHIEVING (2) in subsection (g)— ICAL SURGE CAPACITY. BENCHMARKS.—The continued availability of (A) in paragraph (1), by striking subpara- (a) ALL-HAZARDS PUBLIC HEALTH AND MED- funds under subparagraph (A) with respect to graph (A) and inserting the following: ICAL RESPONSE CURRICULA AND TRAINING.— an entity shall be contingent upon such enti- ‘‘(A) include outcome goals representing Section 319F(a)(5)(B) of the Public Health ty achieving the benchmarks and submitting operational achievements of the National Service Act (42 U.S.C. 247d–6(a)(5)(B)) is the pandemic influenza plan as required Preparedness Goals developed under section amended by striking ‘‘public health or med- under subsection (i).’’. 2802(b) with respect to all-hazards, including ical’’ and inserting ‘‘public health, medical, SEC. 203. ENHANCING SITUATIONAL AWARENESS chemical, biological, radiological, or nuclear or dental’’. AND BIOSURVEILLANCE. threats; and’’; and (b) ENCOURAGING HEALTH PROFESSIONAL Section 319D of the Public Health Service (B) in paragraph (2)(A), by adding at the VOLUNTEERS.— Act (42 U.S.C. 247d–4) is amended— end the following: ‘‘The Secretary shall peri- (1) EMERGENCY SYSTEM FOR ADVANCE REG- (1) in subsection (b)— odically update, as necessary and appro- ISTRATION OF VOLUNTEER HEALTH PROFES- (A) in paragraph (1)(B), by inserting ‘‘poi- priate, such pandemic influenza plan criteria SIONALS.—Section 319I(k) of the Public son control centers,’’ after ‘‘hospitals,’’; and shall require the integration of such cri- Health Service Act (42 U.S.C. 247d–7b(k)) is (B) in paragraph (2), by inserting before the teria into the benchmarks and standards de- amended by striking ‘‘$2,000,000 for fiscal period the following: ‘‘, allowing for coordi- scribed in paragraph (1).’’; year 2002, and such sums as may be necessary nation to maximize all-hazards medical and (3) in subsection (i)— for each of the fiscal years 2003 through 2011’’ public health preparedness and response and (A) in paragraph (1)(A)— and inserting ‘‘$5,900,000 for each of fiscal to minimize duplication of effort’’; and (i) by striking ‘‘$824,000,000 for fiscal year years 2012 through 2016’’. (C) in paragraph (3), by inserting before the 2007’’ and inserting ‘‘$632,900,000 for fiscal (2) VOLUNTEERS.—Section 2813 of the Public period the following: ‘‘and update such year 2012’’; and Health Service Act (42 U.S.C. 300hh–15) is standards as necessary’’; (ii) by striking ‘‘such sums as may be nec- amended— (2) in subsection (d)— essary for each of fiscal years 2008 through (A) in subsection (d)(2), by adding at the (A) in the subsection heading, by striking 2011’’ and inserting ‘‘$632,900,000 for each of end the following: ‘‘Such training exercises ‘‘PUBLIC HEALTH SITUATIONAL AWARENESS’’ fiscal years 2013 through 2016’’; and shall, as appropriate and applicable, incor- and inserting ‘‘MODERNIZING PUBLIC HEALTH (B) by adding at the end the following: porate the needs of at-risk individuals in the SITUATIONAL AWARENESS AND BIOSURVEIL- ‘‘(7) AVAILABILITY OF COOPERATIVE AGREE- event of a public health emergency.’’; and LANCE’’; MENT FUNDS.— (B) in subsection (i), by striking (B) in paragraph (1)— ‘‘(A) IN GENERAL.—Amounts provided to an ‘‘$22,000,000 for fiscal year 2007, and such (i) by striking ‘‘Pandemic and All-Hazards eligible entity under a cooperative agree- sums as may be necessary for each of fiscal Preparedness Act’’ and inserting ‘‘Pandemic ment under subsection (a) for a fiscal year years 2008 through 2011’’ and inserting and All-Hazards Preparedness Act Reauthor- and remaining unobligated at the end of such ‘‘$11,900,000 for each of fiscal years 2012 ization of 2011’’; and year shall remain available to such entity through 2016’’. (ii) by inserting ‘‘, novel emerging for the next fiscal year for the purposes for (c) PARTNERSHIPS FOR STATE AND REGIONAL threats,’’ after ‘‘disease outbreaks’’; which such funds were provided. PREPAREDNESS TO IMPROVE SURGE CAPAC- (C) by striking paragraph (2) and inserting the following: ‘‘(B) FUNDS CONTINGENT ON ACHIEVING ITY.—Section 319C–2 of the Public Health ‘‘(2) STRATEGY AND IMPLEMENTATION BENCHMARKS.—The continued availability of Service Act (42 U.S.C. 247d–3b) is amended— PLAN.—Not later than 180 days after the date funds under subparagraph (A) with respect to (1) in subsection (b)(1)(A)(ii), by striking of enactment of the Pandemic and All-Haz- an entity shall be contingent upon such enti- ‘‘centers, primary’’ and inserting ‘‘centers, ards Preparedness Act Reauthorization of ty achieving the benchmarks and submitting community health centers, primary’’; 2011, the Secretary shall submit to the ap- the pandemic influenza plan as described in (2) by striking subsection (c) and inserting propriate committees of Congress, a coordi- subsection (g).’’; and the following: nated strategy and an accompanying imple- (4) in subsection (j), by striking paragraph ‘‘(c) USE OF FUNDS.—An award under sub- mentation plan that identifies and dem- (3). section (a) shall be expended for activities to onstrates the measurable steps the Secretary (b) VACCINE TRACKING AND DISTRIBUTION.— achieve the preparedness goals described Section 319A(e) of the Public Health Service under paragraphs (1), (3), (4), (5), and (6) of will carry out to— Act (42 U.S.C. 247d–1(e)) is amended by strik- section 2802(b) with respect to all-hazards, ‘‘(A) develop, implement, and evaluate the ing ‘‘such sums for each of fiscal years 2007 including chemical, biological, radiological, network described in paragraph (1), utilizing through 2011’’ and inserting ‘‘$30,800,000 for or nuclear threats.’’; the elements described in paragraph (3); and each of fiscal years 2012 through 2016’’. (3) by striking subsection (g) and inserting ‘‘(B) modernize and enhance biosurveil- (c) GAO REPORT.—Section 319C–1 of the the following: lance activities.’’; Public Health Service Act (42 U.S.C. 247d–3a) ‘‘(g) COORDINATION.— (D) in paragraph (3)(D), by inserting ‘‘com- is amended by adding at the end the fol- ‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eli- munity health centers, health centers’’ after lowing: gible entity shall, to the extent practicable, ‘‘poison control,’’; ‘‘(l) GAO REPORT.— ensure that activities carried out under an (E) in paragraph (5), by striking subpara- ‘‘(1) IN GENERAL.—Not later than 1 year award under subsection (a) are coordinated graph (A) and inserting the following: after the date of enactment of the Pandemic with activities of relevant local Metropoli- ‘‘(A) utilize applicable interoperability and All-Hazards Preparedness Act Reauthor- tan Medical Response Systems, local Medical standards as determined by the Secretary, ization of 2011, the Government Account- Reserve Corps, the local Cities Readiness Ini- and in consultation with the Office of the ability Office shall conduct an independent tiative, and local emergency plans. National Coordinator for Health Information evaluation, and submit to the appropriate ‘‘(2) NATIONAL COLLABORATION.—Partner- Technology, through a joint public and pri- committees of Congress a report, concerning ships consisting of one or more eligible enti- vate sector process;’’; and Federal programs at the Department of ties under this section may, to the extent (F) by adding at the end the following: Health and Human Services that support practicable, collaborate with other partner- ‘‘(6) CONSULTATION WITH THE NATIONAL BIO- medical and public health preparedness and ships consisting of one or more eligible enti- DEFENSE SCIENCE BOARD.—In carrying out response programs at the State and local lev- ties under this section for purposes of na- this section consistent with section 319M, els. tional coordination and collaboration with the National Biodefense Science Board shall ‘‘(2) CONTENT.—The report described in respect to activities to achieve the prepared- provide expert advice and guidance, includ- paragraph (1) shall review and assess— ness goals described under paragraphs (1), (3), ing recommendations, regarding the measur- ‘‘(A) the extent to which grant and cooper- (4), (5), and (6) of section 2802(b).’’; and able steps the Secretary should take to mod- ative agreement requirements and goals (4) in subsection (j)— ernize and enhance biosurveillance activities have been met by recipients; (A) in paragraph (1), by striking pursuant to the efforts of the Department of ‘‘(B) the extent to which such grants and ‘‘$474,000,000 for fiscal year 2007, and such Health and Humans Services to ensure com- cooperative agreements have supported med- sums as may be necessary for each of fiscal prehensive, real-time all-hazards biosurveil- ical and public health preparedness and re- years 2008 through 2011’’ and inserting lance capabilities. In complying with the

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1488 CONGRESSIONAL RECORD — SENATE March 7, 2012 preceding sentence, the National Biodefense graph’’ and inserting ‘‘under a provision of declaration under subsection (b)(1)(D), if ap- Science Board shall— law in section 505, 510(k), or 515 of this Act or plicable’’ after ‘‘risks of the product’’; ‘‘(A) identify the steps necessary to section 351 of the Public Health Service (4) in subsection (d)(3), by inserting ‘‘, to achieve a national biosurveillance system Act’’; and the extent practicable given the cir- for human health, with international (C) in paragraph (3), by striking ‘‘a provi- cumstances of the emergency,’’ after ‘‘in- connectivity, where appropriate, that is sion of law referred to in such paragraph’’ cluding’’; predicated on State, regional, and commu- and inserting ‘‘a provision of law referred to (5) in subsection (e)— nity level capabilities and creates a in paragraph (2)(A)’’; (A) in paragraph (1)(A), by striking ‘‘cir- networked system to allow for two-way in- (2) in subsection (b)— cumstances of the emergency’’ and inserting formation flow between and among Federal, (A) in the subsection heading, by striking ‘‘applicable circumstances described in sub- State, and local government public health ‘‘EMERGENCY’’ and inserting ‘‘EMERGENCY OR section (b)(1)’’; authorities and clinical health care pro- THREAT JUSTIFYING EMERGENCY AUTHORIZED (B) in paragraph (2)— viders; USE’’; (i) in subparagraph (A)— ‘‘(B) identify any duplicative surveillance (B) in paragraph (1)— (I) by striking ‘‘manufacturer of the prod- programs under the authority of the Sec- (i) in the matter preceding subparagraph uct’’ and inserting ‘‘person’’; retary, or changes that are necessary to ex- (A), by striking ‘‘may declare an emergency’’ isting programs, in order to enhance and and inserting ‘‘may make a declaration that (II) by striking ‘‘circumstances of the modernize such activities, minimize duplica- the circumstances exist’’; emergency’’ and inserting ‘‘applicable cir- tion, strengthen and streamline such activi- (ii) in subparagraph (A), by striking ‘‘speci- cumstances described in subsection (b)(1)’’; ties under the authority of the Secretary, fied’’; and and achieve real-time and appropriate data (iii) in subparagraph (B)— (III) by inserting at the end before the pe- that relate to disease activity, both human (I) by striking ‘‘specified’’; and riod ‘‘or in paragraph (1)(B)’’; and zoonotic; and (II) by striking ‘‘; or’’ and inserting a semi- (ii) in subparagraph (B)(i), by inserting be- ‘‘(C) coordinate with applicable existing colon; fore the period at the end ‘‘, except as pro- advisory committees of the Director of the (iv) by amending subparagraph (C) to read vided in section 564A with respect to author- Centers for Disease Control and Prevention, as follows: ized changes to the product expiration date’’; including such advisory committees con- ‘‘(C) a determination by the Secretary that and sisting of representatives from State, local, there is a public health emergency, or a sig- (iii) by amending subparagraph (C) to read and tribal public health authorities and ap- nificant potential for a public health emer- as follows: propriate public and private sector health gency, that affects, or has a significant po- ‘‘(C) In establishing conditions under this care entities and academic institutions, in tential to affect, national security or the paragraph with respect to the distribution order to provide guidance on public health health and security of United States citizens and administration of the product for the un- surveillance activities.’’; abroad, and that involves a biological, chem- approved use, the Secretary shall not impose (3) in subsection (e)(5), by striking ‘‘4 years ical, radiological, or nuclear agent or agents, conditions that would restrict distribution after the date of enactment of the Pandemic or a disease or condition that may be attrib- or administration of the product when done and All-Hazards Preparedness Act’’ and in- utable to such agent or agents; or’’; and solely for the approved use.’’; and serting ‘‘3 years after the date of enactment (v) by adding at the end the following: (C) by amending paragraph (3) to read as of the Pandemic and All-Hazards Prepared- ‘‘(D) the identification of a material threat follows: ness Act Reauthorization of 2011’’; pursuant to section 319F–2 of the Public ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- (4) in subsection (g), by striking ‘‘such Health Service Act sufficient to affect na- SCRIPTION.—With respect to the emergency sums as may be necessary in each of fiscal tional security or the health and security of use of a product for which an authorization years 2007 through 2011’’ and inserting United States citizens living abroad.’’; under this section is issued (whether an un- ‘‘$160,121,000 for each of fiscal years 2012 (C) in paragraph (2)(A)— approved product or an unapproved use of an through 2016’’; and (i) by amending clause (ii) to read as fol- approved product), the Secretary may waive (5) by adding at the end the following: lows: or limit, to the extent appropriate given the ‘‘(h) DEFINITION.—For purposes of this sec- ‘‘(ii) a change in the approval status of the applicable circumstances described in sub- tion the term ‘biosurveillance’ means the product such that the circumstances de- section (b)(1)— process of gathering near real-time, biologi- scribed in subsection (a)(2) have ceased to ‘‘(A) requirements regarding current good cal data that relates to disease activity and exist.’’; manufacturing practice otherwise applicable threats to human or zoonotic health, in (ii) by striking subparagraph (B); and to the manufacture, processing, packing, or order to achieve early warning and identi- (iii) by redesignating subparagraph (C) as holding of products subject to regulation fication of such health threats, early detec- subparagraph (B); under this Act, including such requirements tion and prompt ongoing tracking of health (D) in paragraph (4), by striking ‘‘advance established under section 501 or 520(f)(1), and events, and overall situational awareness of notice of termination, and renewal under including relevant conditions prescribed disease activity.’’. this subsection.’’ and inserting ‘‘, and ad- with respect to the product by an order TITLE III—ENHANCING MEDICAL vance notice of termination under this sub- under section 520(f)(2); COUNTERMEASURE REVIEW section. The Secretary shall make any re- newal under this subsection available on the ‘‘(B) requirements established under sec- SEC. 301. SPECIAL PROTOCOL ASSESSMENT. tion 503(b); and Section 505(b)(5)(B) of the Federal Food, Internet Web site of the Food and Drug Ad- ‘‘(C) requirements established under sec- Drug, and Cosmetic Act (21 U.S.C. ministration.’’; and tion 520(e).’’; 355(b)(5)(B)) is amended by striking ‘‘size of (E) by adding at the end the following: (6) in subsection (g)— clinical trials intended’’ and all that follows ‘‘(5) EXPLANATION BY SECRETARY.—If an au- through ‘‘. The sponsor or applicant’’ and in- thorization under this section with respect (A) in the subsection heading, by inserting serting the following: ‘‘size— to an unapproved product has been in effect ‘‘REVIEW AND’’ before ‘‘REVOCATION’’; ‘‘(i)(I) of clinical trials intended to form for more than 1 year, the Secretary shall (B) in paragraph (1), by inserting after the the primary basis of an effectiveness claim; provide in writing to the sponsor of such period at the end the following: ‘‘As part of or product, an explanation of the scientific, reg- such review, the Secretary shall regularly ‘‘(II) in the case where human efficacy ulatory, or other obstacles to approval, li- review the progress made with respect to the studies are not ethical or feasible, of animal censure, or clearance of such product, includ- approval, licensure, or clearance of— and any associated clinical trials which, in ing specific actions to be taken by the Sec- ‘‘(A) an unapproved product for which an combination, are intended to form the pri- retary and the sponsor to overcome such ob- authorization was issued under this section; mary basis of an effectiveness claim; or stacles.’’; or ‘‘(ii) with respect to an application for ap- (3) in subsection (c)— ‘‘(B) an unapproved use of an approved proval of a biological product under section (A) in the matter preceding paragraph (1)— product for which an authorization was 351(k) of the Public Health Service Act, of (i) by inserting ‘‘the Assistant Secretary issued under this section.’’; and any necessary clinical study or studies. for Preparedness and Response,’’ after ‘‘con- (C) by amending paragraph (2) to read as The sponsor or applicant’’. sultation with’’; follows: SEC. 302. AUTHORIZATION FOR MEDICAL PROD- (ii) by striking ‘‘Health and’’ and inserting ‘‘(2) REVISION AND REVOCATION.—The Sec- UCTS FOR USE IN EMERGENCIES. ‘‘Health, and’’; and retary may revise or revoke an authorization (a) IN GENERAL.—Section 564 of the Federal (iii) by striking ‘‘circumstances of the under this section if— Food, Drug, and Cosmetic Act (21 U.S.C. emergency involved’’ and inserting ‘‘applica- ‘‘(A) the circumstances described under 360bbb–3) is amended— ble circumstances described in subsection subsection (b)(1) no longer exist; (1) in subsection (a)— (b)(1)’’; ‘‘(B) the criteria under subsection (c) for (A) in paragraph (1), by striking ‘‘sections (B) in paragraph (1), by striking ‘‘speci- issuance of such authorization are no longer 505, 510(k), and 515 of this Act’’ and inserting fied’’ and inserting ‘‘referred to’’; and met; or ‘‘any provision of this Act’’; (C) in paragraph (2)(B), by inserting ‘‘, tak- ‘‘(C) other circumstances make such revi- (B) in paragraph (2)(A), by striking ‘‘under ing into consideration the material threat sion or revocation appropriate to protect the a provision of law referred to in such para- posed by the agent or agents identified in a public health or safety.’’;

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1489 (7) in subsection (h)(1), by adding after the ‘‘(C) what changes to the product labeling, gate the effects of, or reduce the severity of, period at the end the following: ‘‘The Sec- if any, are required or permitted, including the circumstances under which— retary shall make any revisions to an au- whether and how any additional labeling ‘‘(1) a determination described in subpara- thorization under this section available on communicating the extension of the expira- graph (A), (B), or (C) of section 564(b)(1) has the Internet Web site of the Food and Drug tion date may alter or obscure the labeling been made by the Secretary of Homeland Se- Administration.’’; and provided by the manufacturer; and curity, the Secretary of Defense, or the Sec- (8) by adding at the end of subsection (j) ‘‘(D) that any other conditions that the retary, respectively; or the following: Secretary deems appropriate have been met. ‘‘(2) the identification of a material threat ‘‘(4) Nothing in this section shall be con- ‘‘(5) SCOPE OF EXTENSION.—With respect to described in subparagraph (D) of section strued as authorizing a delay in the review each extension of an expiration date granted 564(b)(1) has been made pursuant to section or other consideration by the Food and Drug under this subsection, the Secretary shall 319F–2 of the Public Health Service Act.’’. Administration of any application pending determine— (d) PRODUCTS HELD FOR EMERGENCY USE.— before the Administration for a counter- ‘‘(A) the batch, lot, or unit to which such The Federal Food, Drug, and Cosmetic Act measure or product referred to in subsection extension shall apply; (21 U.S.C. 301 et seq.) is amended by inserting (a).’’. ‘‘(B) the duration of such extension; and after section 564A, as added by subsection (b) EMERGENCY USE OF MEDICAL PROD- ‘‘(C) any conditions to effectuate such ex- (b), the following: UCTS.—Subchapter E of chapter V of the Fed- tension that are necessary and appropriate ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY eral Food, Drug, and Cosmetic Act (21 U.S.C. to protect public health or safety. USE. 360bbb et seq.) is amended by inserting after ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- ‘‘It is not a violation of any section of this section 564 the following: TICE.— Act or of the Public Health Service Act for ‘‘SEC. 564A. EMERGENCY USE OF MEDICAL PROD- ‘‘(1) IN GENERAL.—The Secretary may, a government entity (including a Federal, UCTS. when the circumstances of a domestic, mili- State, local, and tribal government entity), ‘‘(a) DEFINITIONS.—In this section: tary, or public health emergency or material or a person acting on behalf of such a gov- ‘‘(1) ELIGIBLE PRODUCT.—The term ‘eligible threat described in subsection (a)(1)(C) so ernment entity, to introduce into interstate product’ means a product that— warrant, authorize, with respect to an eligi- commerce a product (as defined in section ‘‘(A) is approved or cleared under this ble product, deviations from current good 564(a)(4)) intended for emergency use, if that chapter or licensed under section 351 of the manufacturing practice requirements other- product— Public Health Service Act; wise applicable to the manufacture, proc- ‘‘(1) is intended to be held and not used; ‘‘(B)(i) is intended for use to prevent, diag- essing, packing, or holding of products sub- and nose, or treat a disease or condition involv- ject to regulation under this Act, including ‘‘(2) is held and not used, unless and until ing a biological, chemical, radiological, or requirements under section 501 or 520(f)(1) or that product— nuclear agent or agents, including a product applicable conditions prescribed with respect ‘‘(A) is approved, cleared, or licensed under intended to be used to prevent or treat pan- to the eligible product by an order under sec- section 505, 510(k), or 515 of this Act or sec- demic influenza; or tion 520(f)(2). tion 351 of the Public Health Service Act; ‘‘(ii) is intended for use to prevent, diag- ‘‘(2) EFFECT.—Notwithstanding any other ‘‘(B) is authorized for investigational use nose, or treat a serious or life-threatening provision of this Act or the Public Health under section 505 or 520 of this Act or section disease or condition caused by a product de- Service Act, an eligible product shall not be 351 of the Public Health Service Act; or scribed in clause (i); and considered an unapproved product and shall ‘‘(C) is authorized for use under section ‘‘(C) is intended for use during the cir- not be deemed adulterated or misbranded 564.’’. cumstances under which— under this Act because, with respect to such SEC. 303. DEFINITIONS. ‘‘(i) a determination described in subpara- product, the Secretary has authorized devi- Section 565 of the Federal Food, Drug, and graph (A), (B), or (C) of section 564(b)(1) has ations from current good manufacturing Cosmetic Act (21 U.S.C. 360bbb–4) is amended been made by the Secretary of Homeland Se- practices under paragraph (1). by striking ‘‘The Secretary, in consultation’’ curity, the Secretary of Defense, or the Sec- ‘‘(d) EMERGENCY USE INSTRUCTIONS.— and inserting the following: retary, respectively; or ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(a) DEFINITIONS.—In this section— ‘‘(ii) the identification of a material threat through an appropriate official within the ‘‘(1) the term ‘countermeasure’ means a described in subparagraph (D) of section Department of Health and Human Services, qualified countermeasure, a security coun- 564(b)(1) has been made pursuant to section may create and issue emergency use instruc- termeasure, and a qualified pandemic or epi- 319F–2 of the Public Health Service Act. tions to inform health care providers or indi- demic product; ‘‘(2) PRODUCT.—The term ‘product’ means a viduals to whom an eligible product is to be ‘‘(2) the term ‘qualified countermeasure’ drug, device, or biological product. administered concerning such product’s ap- has the meaning given such term in section ‘‘(b) EXTENSION OF EXPIRATION DATE.— proved, licensed, or cleared conditions of use. 319F–1 of the Public Health Service Act; ‘‘(1) AUTHORITY TO EXTEND EXPIRATION ‘‘(2) EFFECT.—Notwithstanding any other ‘‘(3) the term ‘security countermeasure’ DATE.—The Secretary may extend the expi- provisions of this Act or the Public Health has the meaning given such term in section ration date of an eligible product in accord- Service Act, a product shall not be consid- 319F–2 of such Act; and ance with this subsection. ered an unapproved product and shall not be ‘‘(4) the term ‘qualified pandemic or epi- ‘‘(2) EXPIRATION DATE.—For purposes of deemed adulterated or misbranded under demic product’ means a product that meets this subsection, the term ‘expiration date’ this Act because of the issuance of emer- the definition given such term in section means the date established through appro- gency use instructions under paragraph (1) 319F–3 of the Public Health Service Act priate stability testing required by the regu- with respect to such product or the introduc- and— lations issued by the Secretary to ensure tion or delivery for introduction of such ‘‘(A) that has been identified by the De- that the product meets applicable standards product into interstate commerce accom- partment of Health and Human Services or of identity, strength, quality, and purity at panied by such instructions— the Department of Defense as receiving fund- the time of use. ‘‘(A) during an emergency response to an ing directly related to addressing chemical, ‘‘(3) EFFECT OF EXTENSION.—Notwith- actual emergency that is the basis for a de- biological, radiological or nuclear threats, standing any other provision of this Act or termination described in subsection including pandemic influenza; or the Public Health Service Act, if the expira- (a)(1)(C)(i); or ‘‘(B) is included under this paragraph pur- tion date of an eligible product is extended ‘‘(B) by a government entity (including a suant to a determination by the Secretary. in accordance with this section, the intro- Federal, State, local, and tribal government ‘‘(b) GENERAL DUTIES.—The Secretary, in duction or delivery for introduction into entity), or a person acting on behalf of such consultation’’. interstate commerce of such product after a government entity, in preparation for an SEC. 304. ENHANCING MEDICAL COUNTER- the expiration date provided by the manufac- emergency response.’’. MEASURE ACTIVITIES. turer and within the duration of such exten- (c) RISK EVALUATION AND MITIGATION Section 565 of the Federal Food, Drug, and sion shall not be deemed to render the prod- STRATEGIES.—Section 505–1 of the Federal Cosmetic Act (21 U.S.C. 360bbb–4), as amend- uct— Food, Drug, and Cosmetic Act (21 U.S.C. 355– ed by section 303, is further amended— ‘‘(A) an unapproved product; or 1), is amended— (1) in the section heading, by striking ‘‘(B) adulterated or misbranded under this (1) in subsection (f), by striking paragraph ‘‘TECHNICAL ASSISTANCE’’ and inserting Act. (7); and ‘‘COUNTERMEASURE DEVELOPMENT, RE- ‘‘(4) DETERMINATIONS BY SECRETARY.—Be- (2) by adding at the end the following: VIEW, AND TECHNICAL ASSISTANCE’’; fore extending the expiration date of an eli- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- (2) in subsection (b), by striking the sub- gible product under this subsection, the Sec- GENCIES.—The Secretary may waive any re- section heading and all that follows through retary shall determine— quirement of this section with respect to a ‘‘shall establish’’ and inserting the following: ‘‘(A) that extension of the expiration date qualified countermeasure (as defined in sec- ‘‘(b) GENERAL DUTIES.—In order to accel- will help protect public health; tion 319F–1(a)(2) of the Public Health Service erate the development, stockpiling, ap- ‘‘(B) that any extension of expiration is Act) to which a requirement under this sec- proval, licensure, and clearance of qualified supported by scientific evaluation that is tion has been applied, if the Secretary deter- countermeasures, security countermeasures, conducted or accepted by the Secretary; mines that such waiver is required to miti- and qualified pandemic or epidemic products,

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1490 CONGRESSIONAL RECORD — SENATE March 7, 2012

the Secretary, in consultation with the As- ‘‘(A) a meeting to discuss proposed animal ‘‘(4) PLAN.—The content of a regulatory sistant Secretary for Preparedness and Re- model development activities; and management plan agreed to by the Secretary sponse, shall— ‘‘(B) a meeting prior to initiating pivotal and a sponsor or applicant shall include— ‘‘(1) ensure the appropriate involvement of animal studies. ‘‘(A) an agreement between the Secretary Food and Drug Administration personnel in ‘‘(2) PEDIATRIC MODELS.—To facilitate the and the sponsor or applicant regarding devel- interagency activities related to counter- development and selection of animal models opmental milestones that will trigger re- measure advanced research and develop- that could translate to pediatric studies, any sponses by the Secretary as described in sub- ment, consistent with sections 319F, 319F–1, meeting conducted under paragraph (1) shall paragraph (B); 319F–2, 319F–3, and 319L of the Public Health include discussion of animal models for pedi- ‘‘(B) performance targets and goals for Service Act; atric populations, as appropriate. timely and appropriate responses by the Sec- ‘‘(2) ensure the appropriate involvement ‘‘(d) REVIEW AND APPROVAL OF COUNTER- retary to the triggers described under sub- and consultation of Food and Drug Adminis- MEASURES.— paragraph (A), including meetings between tration personnel in any flexible manufac- ‘‘(1) MATERIAL THREAT.—When evaluating the Secretary and the sponsor or applicant, turing activities carried out under section an application or submission for approval, li- written feedback, decisions by the Secretary, 319L of the Public Health Service Act, in- censure, or clearance of a countermeasure, and other activities carried out as part of cluding with respect to meeting regulatory the Secretary shall take into account the the development and review process; and requirements set forth in this Act; material threat posed by the chemical, bio- ‘‘(C) an agreement on how the plan shall be ‘‘(3) promote countermeasure expertise logical, radiological, or nuclear agent or modified, if needed. within the Food and Drug Administration agents identified under section 319F–2 of the ‘‘(5) MILESTONES AND PERFORMANCE TAR- by— Public Health Service Act for which the GETS.—The developmental milestones de- ‘‘(A) ensuring that Food and Drug Admin- countermeasure under review is intended. scribed in paragraph (4)(A) and the perform- istration personnel involved in reviewing ‘‘(2) REVIEW EXPERTISE.—When practicable ance targets and goals described in para- countermeasures for approval, licensure, or and appropriate, teams of Food and Drug Ad- graph (4)(B) shall include— clearance are informed by the Assistant Sec- ministration personnel reviewing applica- ‘‘(A) feedback from the Secretary regard- retary for Preparedness and Response on the tions or submissions described under para- ing the data required to support the ap- material threat assessment conducted under graph (1) shall include a reviewer with suffi- proval, clearance, or licensure of the eligible section 319F–2 of the Public Health Service cient training or experience with counter- countermeasure involved; Act for the agent or agents for which the measures pursuant to the protocols estab- ‘‘(B) feedback from the Secretary regard- countermeasure under review is intended; lished under subsection (b)(3)(D).’’. ing the data necessary to inform any author- ‘‘(B) training Food and Drug Administra- ization under section 564; tion personnel regarding review of counter- SEC. 305. REGULATORY MANAGEMENT PLANS. ‘‘(C) feedback from the Secretary regard- measures for approval, licensure, or clear- Section 565 of the Federal Food, Drug, and ing the data necessary to support the posi- ance; Cosmetic Act (21 U.S.C. 360bbb–4), as amend- tioning and delivery of the eligible counter- ‘‘(C) holding public meetings at least twice ed by section 304, is further amended by add- measure, including to the Strategic National annually to encourage the exchange of sci- ing at the end the following: Stockpile; entific ideas; and ‘‘(e) REGULATORY MANAGEMENT PLAN.— ‘‘(D) feedback from the Secretary regard- ‘‘(D) establishing protocols to ensure that ‘‘(1) DEFINITION.—In this subsection, the ing the data necessary to support the sub- countermeasure reviewers have sufficient term ‘eligible countermeasure’ means— mission of protocols for review under section training or experience with counter- ‘‘(A) a security countermeasure with re- 505(b)(5)(B); measures; spect to which the Secretary has entered ‘‘(E) feedback from the Secretary regard- ‘‘(4) maintain teams, composed of Food and into a procurement contract under section ing any gaps in scientific knowledge that Drug Administration personnel with exper- 319F–2(c) of the Public Health Service Act; or will need resolution prior to approval, licen- tise on countermeasures, including specific ‘‘(B) a countermeasure with respect to sure, or clearance of the eligible counter- countermeasures, populations with special which the Biomedical Advanced Research measure, and plans for conducting the nec- clinical needs (including children and preg- and Development Authority has provided essary scientific research; nant women that may use countermeasures, funding under section 319L of the Public ‘‘(F) identification of the population for as applicable and appropriate), classes or Health Service Act for advanced research which the countermeasure sponsor or appli- groups of countermeasures, or other counter- and development. cant seeks approval, licensure, or clearance, measure-related technologies and capabili- ‘‘(2) REGULATORY MANAGEMENT PLAN PROC- and the population for which desired labeling ties, that shall— ESS.—The Secretary, in consultation with would not be appropriate, if known; and ‘‘(A) consult with countermeasure experts, the Assistant Secretary for Preparedness and ‘‘(G) as necessary and appropriate, and to including countermeasure sponsors and ap- Response and the Director of the Biomedical the extent practicable, a plan for dem- plicants, to identify and help resolve sci- Advanced Research and Development Au- onstrating safety and effectiveness in pedi- entific issues related to the approval, licen- thority, shall establish a formal process for atric populations, and for developing pedi- sure, or clearance of countermeasures, obtaining scientific feedback and inter- atric dosing, formulation, and administra- through workshops or public meetings; actions regarding the development and regu- tion with respect to the eligible counter- ‘‘(B) improve and advance the science re- latory review of eligible countermeasures by measure, provided that such plan would not lating to the development of new tools, facilitating the development of written regu- delay authorization under section 564, ap- standards, and approaches to assessing and latory management plans in accordance with proval, licensure, or clearance for adults. evaluating countermeasures— this subsection. ‘‘(6) PRIORITIZATION.—If the Commissioner ‘‘(i) in order to inform the process for ‘‘(3) SUBMISSION OF REQUEST AND PROPOSED of Food and Drugs determines that resources countermeasure approval, clearance, and li- PLAN BY SPONSOR OR APPLICANT.— are not available to establish regulatory censure; and ‘‘(A) IN GENERAL.—A sponsor or applicant management plans under this section for all ‘‘(ii) with respect to the development of of an eligible countermeasure may initiate eligible countermeasures for which a request countermeasures for populations with spe- the process described under paragraph (2) is submitted under paragraph (3)(A), the Di- cial clinical needs, including children and upon submission of written request to the rector of the Biomedical Advanced Research pregnant women, in order to meet the needs Secretary. Such request shall include a pro- and Development Authority, in consultation of such populations, as necessary and appro- posed regulatory management plan. with the Commissioner of Food and Drugs, priate; and ‘‘(B) TIMING OF SUBMISSION.—A sponsor or shall prioritize which eligible counter- ‘‘(5) establish’’; and applicant may submit a written request measures may receive regulatory manage- (3) by adding at the end the following: under subparagraph (A) after the eligible ments plans, and in doing so shall give pri- ‘‘(c) DEVELOPMENT AND ANIMAL MODELING countermeasure has an investigational new ority to eligible countermeasures that are PROCEDURES.— drug or investigational device exemption in security countermeasures.’’. ‘‘(1) AVAILABILITY OF ANIMAL MODEL MEET- effect. SEC. 306. REPORT. INGS.—To facilitate the timely development ‘‘(C) RESPONSE BY SECRETARY.—The Sec- Section 565 of the Federal Food, Drug, and of animal models and support the develop- retary shall direct the Food and Drug Ad- Cosmetic Act (21 U.S.C. 360bbb–4), as amend- ment, stockpiling, licensure, approval, and ministration, upon submission of a written ed by section 305, is further amended by add- clearance of countermeasures, the Secretary request by a sponsor or applicant under sub- ing at the end the following: shall, not later than 180 days after the enact- paragraph (A), to work with the sponsor or ‘‘(f) ANNUAL REPORT.—Not later than 180 ment of this subsection, establish a proce- applicant to agree on a regulatory manage- days after the date of enactment of this sub- dure by which a sponsor or applicant that is ment plan within a reasonable time not to section, and annually thereafter, the Sec- developing a countermeasure for which exceed 90 days. If the Secretary determines retary shall submit to the Committee on human efficacy studies are not ethical or that no plan can be agreed upon, the Sec- Health, Education, Labor, and Pensions of practicable, and that has an approved inves- retary shall provide to the sponsor or appli- the Senate and the Committee on Energy tigational new drug application or investiga- cant, in writing, the scientific or regulatory and Commerce of the House of Representa- tional device exemption, may request and re- rationale why such agreement cannot be tives a report that details the counter- ceive— reached. measure development and review activities

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1491 of the Food and Drug Administration, in- ness and Response and the Director of the (1) in paragraph (1)(B)(i)(III)(bb), by strik- cluding— Biomedical Advanced Research and Develop- ing ‘‘eight years’’ and inserting ‘‘10 years’’; ‘‘(1) with respect to the development of ment Authority of all pediatric studies in (2) in paragraph (5)(B)(ii), by striking new tools, standards, and approaches to as- the written request issued by the Commis- ‘‘eight years’’ and inserting ‘‘10 years’’; sess and evaluate countermeasures— sioner of Food and Drugs.’’. (3) in paragraph (7)(C)— ‘‘(A) the identification of the priorities of (b) ADDITION TO PRIORITY LIST CONSIDER- (A) in clause (i)(I), by inserting ‘‘including the Food and Drug Administration and the ATIONS.—Section 409I of the Public Health advanced research and development,’’ after progress made on such priorities; and Service Act (42 U.S.C. 284m) is amended— ‘‘as may reasonably be required,’’; ‘‘(B) the identification of scientific gaps (1) by striking subsection (a)(2) and insert- (B) in clause (ii)— that impede the development or approval, li- ing the following: (i) in subclause (III), by striking ‘‘eight censure, or clearance of countermeasures for ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- years’’ and inserting ‘‘10 years’’; and populations with special clinical needs, in- TION.—In developing and prioritizing the list (ii) by striking subclause (IX) and inserting cluding children and pregnant women, and under paragraph (1), the Secretary— the following: the progress made on resolving these chal- ‘‘(A) shall consider— ‘‘(IX) CONTRACT TERMS.—The Secretary, in lenges; ‘‘(i) therapeutic gaps in pediatrics that any contract for procurement under this sec- ‘‘(2) with respect to countermeasures for may include developmental pharmacology, tion— which a regulatory management plan has pharmacogenetic determinants of drug re- ‘‘(aa) may specify— been agreed upon under subsection (e), the sponse, metabolism of drugs and biologics in ‘‘(AA) the dosing and administration re- extent to which the performance targets and children, and pediatric clinical trials; quirements for the countermeasure to be de- goals set forth in subsection (e)(4)(B) and the ‘‘(ii) particular pediatric diseases, dis- veloped and procured; regulatory management plan has been met, orders or conditions where more complete ‘‘(BB) the amount of funding that will be including, for each such countermeasure— knowledge and testing of therapeutics, in- dedicated by the Secretary for advanced re- ‘‘(A) whether the regulatory management cluding drugs and biologics, may be bene- search, development, and procurement of the plan was completed within the required ficial in pediatric populations; and countermeasure; and timeframe, and the length of time taken to ‘‘(iii) the adequacy of necessary infrastruc- ‘‘(CC) the specifications the counter- complete such plan; ture to conduct pediatric pharmacological measure must meet to qualify for procure- ‘‘(B) whether the Secretary adhered to the research, including research networks and ment under a contract under this section; timely and appropriate response times set trained pediatric investigators; and and forth in such plan; and ‘‘(B) may consider the availability of quali- ‘‘(bb) shall provide a clear statement of de- ‘‘(C) explanations for any failure to meet fied countermeasures (as defined in section fined Government purpose limited to uses re- such performance targets and goals; 319F–1), security countermeasures (as defined lated to a security countermeasure, as de- ‘‘(3) the number of regulatory teams estab- in section 319F–2), and qualified pandemic or fined in paragraph (1)(B).’’; and lished pursuant to subsection (b)(4), the epidemic products (as defined in section (C) by adding at the end the following: number of products, classes of products, or 319F–3) to address the needs of pediatric pop- ‘‘(viii) FLEXIBILITY.—In carrying out this technologies assigned to each such team, and ulations, in consultation with the Assistant section, the Secretary may, consistent with the number of, type of, and any progress Secretary for Preparedness and Response, the applicable provisions of this section, made as a result of consultations carried out consistent with the purposes of this sec- enter into contracts and other agreements under subsection (b)(4)(A); tion.’’; and that are in the best interest of the Govern- ‘‘(4) an estimate of resources obligated to (2) in subsection (b), by striking ‘‘sub- ment in meeting identified security counter- countermeasure development and regulatory section (a)’’ and inserting ‘‘paragraphs (1) measure needs, including with respect to re- assessment, including Center specific objec- and (2)(A) of subsection (a)’’. imbursement of the cost of advanced re- tives and accomplishments; (c) ADVICE AND RECOMMENDATIONS OF THE search and development as a reasonable, al- ‘‘(5) the number of countermeasure appli- PEDIATRIC ADVISORY COMMITTEE REGARDING lowable, and allocable direct cost of the con- cations submitted, the number of counter- COUNTERMEASURES FOR PEDIATRIC POPU- tract involved.’’; measures approved, licensed, or cleared, the LATIONS.—Subsection (b)(2) of section 14 of (4) in paragraph (9)(B), by inserting before status of remaining submitted applications, the Best Pharmaceuticals for Children Act the period the following: ‘‘, except that this and the number of each type of authorization (42 U.S.C. 284m note) is amended— subparagraph shall not be construed to pro- issued pursuant to section 564; and (1) in subparagraph (C), by striking the pe- hibit the use of such amounts as otherwise ‘‘(6) the number of written requests for a riod and inserting ‘‘; and’’; and authorized in this title’’; and regulatory management plan submitted (2) by adding at the end the following: (5) in paragraph (10), by adding at the end under subsection (e)(3)(A), the number of reg- ‘‘(D) the development of countermeasures the following: ulatory management plans developed, and (as defined in section 565(a) of the Federal ‘‘(C) ADVANCED RESEARCH AND DEVELOP- the number of such plans developed for secu- Food, Drug, and Cosmetic Act) for pediatric MENT.—For purposes of this paragraph, the rity countermeasures.’’. populations.’’. term ‘advanced research and development’ SEC. 307. PEDIATRIC MEDICAL COUNTER- shall have the meaning given such term in TITLE IV—ACCELERATING MEDICAL MEASURES. section 319L(a).’’. COUNTERMEASURE ADVANCED RE- (a) PEDIATRIC STUDIES OF DRUGS.—Section SEC. 402. BIOMEDICAL ADVANCED RESEARCH 505A of the Federal Food, Drug, and Cos- SEARCH AND DEVELOPMENT AND DEVELOPMENT AUTHORITY. metic Act (21 U.S.C. 355a) is amended— SEC. 401. BIOSHIELD. (a) DUTIES.—Section 319L(c)(4) of the Pub- (1) in subsection (d), by adding at the end (a) REAUTHORIZATION OF THE SPECIAL RE- lic Health Service Act (42 U.S.C. 247d– the following: SERVE FUND.—Section 319F–2(c) of the Public 7e(c)(4)) is amended— ‘‘(5) CONSULTATION.—With respect to a drug Health Service Act (42 U.S.C. 247d–6b(c)) is (1) in subparagraph (B)(iii), by inserting that is a qualified countermeasure (as de- amended by adding at the end the following: ‘‘(which may include advanced research and fined in section 319F–1 of the Public Health ‘‘(11) REAUTHORIZATION OF THE SPECIAL RE- development for purposes of fulfilling re- Service Act), a security countermeasure (as SERVE FUND.—In addition to amounts other- quirements under the Federal Food, Drug, defined in section 319F–2 of the Public Health wise appropriated, there are authorized to be and Cosmetic Act or section 351 of this Act)’’ Service Act), or a qualified pandemic or epi- appropriated for the special reserve fund, after ‘‘development’’; and demic product (as defined in section 319F–3 of $2,800,000,000 for the fiscal years 2014 through (2) in subparagraph (D)(iii), by striking the Public Health Service Act), the Sec- 2018. ‘‘and vaccine manufacturing technologies’’ retary shall solicit input from the Assistant ‘‘(12) REPORT.—Not later than 30 days after and inserting ‘‘vaccine manufacturing tech- Secretary for Preparedness and Response re- any date on which the Secretary determines nologies, dose sparing technologies, efficacy garding the need for and, from the Director that the amount of funds in the special re- increasing technologies, and platform tech- of the Biomedical Advanced Research and serve fund available for procurement is less nologies’’. Development Authority regarding the con- than $1,500,000,000, the Secretary shall sub- (b) STRATEGIC PUBLIC-PRIVATE PARTNER- duct of, pediatric studies under this sec- mit to the appropriate committees of Con- SHIP.—Section 319L(c)(4) of the Public Health tion.’’; and gress a report detailing the amount of such Service Act (42 U.S.C. 247d–7e(c)(4)) is amend- (2) in subsection (n)(1), by adding at the funds available for procurement and the im- ed by adding at the end the following: end the following: pact such reduction in funding will have— ‘‘(E) STRATEGIC INVESTOR.— ‘‘(C) For a drug that is a qualified counter- ‘‘(A) in meeting the security counter- ‘‘(i) IN GENERAL.—To support the purposes measure (as defined in section 319F–1 of the measure needs identified under this section; described in paragraph (2), the Secretary, Public Health Service Act), a security coun- and acting through the Director of BARDA, may termeasure (as defined in section 319F–2 of ‘‘(B) on the biennial Public Health Emer- enter into an agreement (including through the Public Health Service Act), or a qualified gency Medical Countermeasures Enterprise the use of grants, contracts, cooperative pandemic or epidemic product (as defined in and Strategy Implementation Plan (pursu- agreements, or other transactions as de- section 319F–3 of such Act), in addition to ant to section 2811(d)).’’. scribed in paragraph (5)) with an inde- any action with respect to such drug under (b) PROCUREMENT OF COUNTERMEASURES.— pendent, non-profit entity to— subparagraph (A) or (B), the Secretary shall Section 319F–2(c) of the Public Health Serv- ‘‘(I) foster and accelerate the development notify the Assistant Secretary for Prepared- ice Act (42 U.S.C. 247d–6b(c)) is amended— and innovation of medical countermeasures

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1492 CONGRESSIONAL RECORD — SENATE March 7, 2012

and technologies that may assist advanced ‘‘(V) ensure, as a condition of the agree- ‘‘(2) REPORT.—Not later than 1 year after research and development of qualified coun- ment— the date of enactment of this subsection, the termeasures and qualified pandemic or epi- ‘‘(aa) a comprehensive set of policies that Government Accountability Office shall sub- demic products, including strategic invest- demonstrate a commitment to transparency mit to the appropriate committees of Con- ment through the use of venture capital and accountability; gress a report concerning the results of the practices and methods; ‘‘(bb) protection against conflicts of inter- evaluation conducted under paragraph (1). ‘‘(II) promote the development of new and est through a comprehensive set of policies Such report shall review and assess— promising technologies that address urgent that address potential conflicts of interest, ‘‘(A) the extent to which flexible manufac- medical countermeasure needs, as identified ethics, disclosure, and reporting require- turing capacity under this section is dedi- by the Secretary; ments; cated to chemical, biological, radiological, ‘‘(III) address unmet public health needs ‘‘(cc) that the entity provides monthly ac- and nuclear threats; that are directly related to medical counter- counting on the use of funds provided under ‘‘(B) the activities supported by flexible measure requirements, such as novel such agreement; and manufacturing initiatives; and antimicrobials for multidrug resistant orga- ‘‘(dd) that the entity provides on a quar- ‘‘(C) the ability of flexible manufacturing nisms and multiuse platform technologies terly basis, reports regarding the progress activities carried out under this section to— for diagnostics, prophylaxis, vaccines, and made toward meeting the identified needs ‘‘(i) secure and leverage leading technical therapeutics; and set forth in the agreement. expertise with respect to countermeasure ad- ‘‘(IV) provide expert consultation and ad- ‘‘(v) SUPPLEMENT NOT SUPPLANT.—Activi- vanced research, development, and manufac- vice to foster viable medical countermeasure ties carried out under this subparagraph turing processes; and innovators, including helping qualified coun- shall supplement, and not supplant, other ac- ‘‘(ii) meet the surge manufacturing capac- termeasure innovators navigate unique in- tivities carried out under this section. ity needs presented by novel and emerging dustry challenges with respect to developing ‘‘(vi) NO ESTABLISHMENT OF ENTITY.—To threats, including chemical, biological, radi- chemical, biological, radiological, and nu- prevent unnecessary duplication and target ological and nuclear agents.’’. clear countermeasure products. resources effectively, nothing in this sub- ‘‘(ii) ELIGIBILITY.— paragraph shall be construed to authorize (h) DEFINITIONS.— ‘‘(I) IN GENERAL.—To be eligible to enter the Secretary to establish within the Depart- (1) QUALIFIED COUNTERMEASURE.—Section into an agreement under clause (i) an entity ment of Health and Human Services a stra- 319F–1(a)(2)(A) of the Public Health Service shall— tegic investor entity. Act (42 U.S.C. 247d–6a(a)(2)(A)) is amended— ‘‘(aa) be an independent, non-profit entity ‘‘(vii) TRANSPARENCY AND OVERSIGHT.— (A) in the matter preceding clause (i), by not otherwise affiliated with the Department Upon request, the Secretary shall provide to striking ‘‘to—’’ and inserting ‘‘—’’; of Health and Human Services; Congress the information provided to the (B) in clause (i)— ‘‘(bb) have a demonstrated record of being Secretary under clause (iv)(V)(dd). (i) by striking ‘‘diagnose’’ and inserting able to create linkages between innovators ‘‘(viii) INDEPENDENT EVALUATION.—Not ‘‘to diagnose’’; and and investors and leverage such partnerships later than 4 years after the date of enact- (ii) by striking ‘‘; or’’ and inserting a semi- and resources for the purpose of addressing ment of this subparagraph, the Government colon; identified strategic needs of the Federal Gov- Accountability Office shall conduct an inde- (C) in clause (ii)— ernment; pendent evaluation, and submit to the Sec- (i) by striking ‘‘diagnose’’ and inserting ‘‘(cc) have experience in promoting novel retary and the appropriate committees of ‘‘to diagnose’’; and technology innovation; Congress a report, concerning the activities (ii) by striking the period at the end and ‘‘(dd) be problem driven and solution fo- conducted under this subparagraph. Such re- inserting ‘‘; or’’; and cused based on the needs, requirements, and port shall include recommendations with re- (D) by adding at the end the following: problems identified by the Secretary under spect to any agreement or activities carried ‘‘(iii) is a product or technology intended clause (iv); out pursuant to this subparagraph. to enhance the use or effect of a drug, bio- ‘‘(ee) demonstrate the ability, or the po- ‘‘(ix) SUNSET.—This subparagraph shall logical product, or device described in clause tential ability, to promote the development have no force or effect after September 30, (i) or (ii).’’. of medical countermeasure products; and (2) QUALIFIED PANDEMIC OR EPIDEMIC PROD- ‘‘(ff) demonstrate expertise, or the capac- 2016.’’. (c) TRANSACTION AUTHORITIES.—Section UCT.—Section 319F–3(i)(7)(A) of the Public ity to develop or acquire expertise, related to 319L(c)(5) of the Public Health Service Act Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) technical and regulatory considerations with (42 U.S.C. 247d–7e(c)(5)) is amended by adding respect to medical countermeasures. is amended— at the end the following: (A) in clause (i)(II), by striking ‘‘; or’’ and ‘‘(II) PARTNERING EXPERIENCE.—In selecting ‘‘(G) GOVERNMENT PURPOSE.—In awarding an entity with which to enter into an agree- inserting ‘‘;’’; contracts, grants, and cooperative agree- ment under clause (i), the Secretary shall (B) in clause (ii), by striking ‘‘; and’’ and ments under this section, the Secretary shall place a high value on the demonstrated expe- inserting ‘‘; or’’; and provide a clear statement of defined Govern- rience of the entity in partnering with the (C) by adding at the end the following: ment purpose related to activities included Federal Government to meet identified stra- ‘‘(iii) a product or technology intended to tegic needs. in subsection (a)(6)(B) for a qualified coun- enhance the use or effect of a drug, biologi- termeasure or qualified pandemic or epi- ‘‘(iii) NOT AGENCY.—An entity that enters cal product, or device described in clause (i) into an agreement under clause (i) shall not demic product.’’. or (ii); and’’. (d) FUND.—Paragraph (2) of section 319L(d) be deemed to be a Federal agency for any (3) TECHNICAL AMENDMENTS.—Section 319F– of the Public Health Service Act (42 U.S.C. purpose, including for any purpose under 3(i) of the Public Health Service Act (42 247d–7e(d)(2)) is amended to read as follows: title 5, United States Code. U.S.C. 247d–6d(i)) is amended— ‘‘(2) FUNDING.—To carry out the purposes ‘‘(iv) DIRECTION.—Pursuant to an agree- (A) in paragraph (1)(C), by inserting ‘‘, of this section, there is authorized to be ap- ment entered into under this subparagraph, 564A, or 564B’’ after ‘‘564’’; and propriated to the Fund $415,000,000 for each of the Secretary, acting through the Director (B) in paragraph (7)(B)(iii), by inserting ‘‘, fiscal years 2012 through 2016, such amounts of BARDA, shall provide direction to the en- 564A, or 564B’’ after ‘‘564’’. to remain available until expended.’’. tity that enters into an agreement under (e) CONTINUED INAPPLICABILITY OF CERTAIN SEC. 403. STRATEGIC NATIONAL STOCKPILE. clause (i). As part of this agreement the Di- PROVISIONS.—Section 319L(e)(1)(C) of the (a) IN GENERAL.—Section 319F–2 of the rector of BARDA shall— Public Health Service Act (42 U.S.C. 247d– Public Health Service Act (42 U.S.C. 247d–6b) ‘‘(I) communicate the medical counter- 7e(e)(1)(C)) is amended by striking ‘‘7 years’’ measure needs, requirements, and problems and inserting ‘‘10 years’’. is amended— to be addressed by the entity under the (f) EXTENSION OF LIMITED ANTITRUST EX- (1) in subsection (a)— agreement; EMPTION.—Section 405(b) of the Pandemic (A) in paragraph (1)— ‘‘(II) develop a description of work to be and All-Hazards Preparedness Act (42 U.S.C. (i) by inserting ‘‘consistent with section performed by the entity under the agree- 247d–6a note) is amended by striking ‘‘6- 2811’’ before ‘‘by the Secretary to be appro- ment; year’’ and inserting ‘‘10-year’’. priate’’; and ‘‘(III) provide technical feedback and ap- (g) INDEPENDENT EVALUATION.—Section (ii) by inserting before the period at the propriate oversight over work carried out by 319L of the Public Health Service Act (42 end the following: ‘‘and shall submit such re- the entity under the agreement, including U.S.C. 247d–7e) is amended by adding at the view annually to the appropriate Congres- subsequent development and partnerships end the following: sional committees of jurisdiction to the ex- consistent with the needs and requirements ‘‘(f) INDEPENDENT EVALUATION.— tent that disclosure of such information does set forth in this subparagraph; ‘‘(1) IN GENERAL.—Not later than 180 days not compromise national security’’; and ‘‘(IV) ensure fair consideration of products after the date of enactment of this sub- (B) in paragraph (2)— developed under the agreement in order to section, the Government Accountability Of- (i) by redesignating subparagraphs (E) maintain competition to the maximum prac- fice shall conduct an independent evaluation through (H) as subparagraphs (F) through (I), tical extent, as applicable and appropriate of the activities carried out to facilitate respectively; and under applicable provisions of this section; flexible manufacturing capacity pursuant to (ii) by inserting after subparagraph (D), and this section. the following:

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — SENATE S1493 ‘‘(E) identify and address the potential de- preamble be agreed to, the motions to cation Partnership, the Congressional Award pletion and ensure appropriate replenish- reconsider be laid upon the table, with Foundation, the Boys and Girls Clubs of ment of medical countermeasures, including no intervening action or debate, and Newark, the Newark Day Center, and the those currently in the stockpile;’’; and any statements related to the resolu- Newark YMCA; (2) in subsection (f)(1), by striking Whereas the Honorable Donald M. Payne tion be printed in the RECORD. ‘‘$640,000,000 for fiscal year 2002, and such was the recipient of numerous honors and sums as may be necessary for each of fiscal The PRESIDING OFFICER. Without awards, including honorary doctorates from years 2003 through 2006’’ and inserting objection, it is so ordered. multiple universities; ‘‘$522,486,000 for each of fiscal years 2012 The resolution (S. Res. 390) was Whereas the Honorable Donald M. Payne through 2016’’. agreed to. passed away on March 6, 2012, and is survived (b) REPORT ON POTASSIUM IODIDE.—Not The preamble was agreed to. by 3 children, 4 grandchildren, and 1 great- later than 270 days after the date of enact- The resolution, with its preamble, grandchild; and ment of this Act, the Secretary of Health reads as follows: Whereas the Honorable Donald M. Payne’s and Human Services shall submit to the ap- S. RES. 390 long history of service will have an enduring propriate Committees of Congress a report Whereas the Honorable Donald M. Payne impact on people in New Jersey, across the regarding the stockpiling of potassium io- was born in Newark, New Jersey on July 16, United States, and around the world: Now, dide. Such report shall include— 1934, graduated from Barringer High School therefore, be it (1) an assessment of the availability of po- in Newark and Seton Hall University in Resolved, That the Senate— tassium iodide at Federal, State, and local South Orange, New Jersey, and pursued grad- (1) expresses profound sorrow at the death levels; and uate studies at Springfield College in Massa- of the Honorable Donald M. Payne, United (2) a description of the extent to which chusetts; States Representative for the Tenth Con- such activities and policies provide public Whereas the Honorable Donald M. Payne gressional District of New Jersey; health protection in the event of a nuclear was an educator in the Newark and Passaic, (2) conveys the condolences of the Senate incident, whether unintentional or delib- New Jersey public schools and was an execu- to the family of the Honorable Donald M. erate, including an act of terrorism. tive at Prudential Financial and at Urban Payne; and SEC. 404. NATIONAL BIODEFENSE SCIENCE Data Systems Inc; (3) respectfully requests that the Secretary BOARD. Whereas the Honorable Donald M. Payne of the Senate transmit a copy of this resolu- Section 319M(a) of the Public Health Serv- became the first African American national tion to the House of Representatives and the ice Act (42 U.S.C. 247d–f(a)) is amended— president of the YMCA in 1970 and served as family of the Honorable Donald M. Payne. (1) in paragraph (2)— Chairman of the World Refugee and Reha- f (A) in subparagraph (D)— bilitation Committee of the YMCA from 1973 DISCHARGE AND REFERRAL (i) in the matter preceding clause (i), by to 1981; striking ‘‘five’’ and inserting ‘‘six’’; Whereas the Honorable Donald M. Payne Mr. REID. Mr. President, I ask unan- (ii) in clause (i), by striking ‘‘and’’ at the served 3 terms on the Essex County Board of imous consent that the Finance Com- end; Chosen Freeholders and 3 terms on the New- mittee be discharged from further con- (iii) in clause (ii), by striking the period ark Municipal Council; sideration of S. 2152, the Syria Democ- and inserting a semicolon; and Whereas, in 1988, the Honorable Donald M. (iv) by adding at the end the following: racy Transition Act of 2012, and the bill Payne became the first African American be referred to the Committee on For- ‘‘(iii) one such member shall be an indi- elected to the United States House of Rep- vidual with pediatric subject matter exper- eign Relations. resentatives from the State of New Jersey; The PRESIDING OFFICER. Without tise; and Whereas the people of New Jersey over- ‘‘(iv) one such member shall be a State, whelmingly reelected the Honorable Donald objection, it is so ordered. tribal, territorial, or local public health offi- M. Payne 11 times, most recently in 2010, f cial.’’; and when the Honorable Donald M. Payne was MEASURE READ THE FIRST (B) by adding at the end the following flush elected to represent the Tenth Congressional sentence: District of New Jersey for a 12th term; TIME—S. 2173 ‘‘Nothing in this paragraph shall preclude a Whereas the Honorable Donald M. Payne Mr. REID. Mr. President, I under- member of the Board from satisfying two or was a tireless advocate for his constituents, stand there is a bill at the desk, and I more of the requirements described in sub- bringing significant economic development ask for its first reading. paragraph (D).’’; to Essex, Hudson, and Union Counties in New The PRESIDING OFFICER. The (2) in paragraph (5)— Jersey; clerk will read the bill by title for the (A) in subparagraph (B), by striking ‘‘and’’ Whereas, as a senior member of the Com- first time. at the end; mittee on Education and the Workforce of The assistant legislative clerk read (B) in subparagraph (C), by striking the pe- the House of Representatives, the Honorable as follows: riod and inserting ‘‘; and’’; and Donald M. Payne was a leading advocate for (C) by adding at the end the following: public schools, college affordability, and A bill (S. 2173) to preserve and protect the ‘‘(D) provide any recommendation, finding, workplace protections; free choice of individual employees to form, or report provided to the Secretary under Whereas, as a senior member of the Com- join, or assist labor organizations, or to re- this paragraph to the appropriate commit- mittee on Foreign Affairs of the House of frain from such activities. tees of Congress.’’; and Representatives, the Chairman and Ranking Mr. REID. I ask for a second reading (3) in paragraph (8), by adding at the end Member of the Subcommittee on Africa, in order to place the bill on the cal- the following: ‘‘Such chairperson shall serve Global Health, and Human Rights, and a endar under rule XIV but object to my as the deciding vote in the event that a de- member of the Subcommittee on the West- own request. ciding vote is necessary with respect to vot- ern Hemisphere, the Honorable Donald M. The PRESIDING OFFICER. Objec- ing by members of the Board.’’. Payne led efforts to restore democracy and tion having been heard, the bill will re- f human rights around the world, including in ceive a second reading on the next leg- Northern Ireland and Sudan; islative day. HONORING THE LIFE AND LEGACY Whereas the Honorable Donald M. Payne OF THE HONORABLE DONALD M. was a leader in the field of global health, co- f PAYNE founding the Malaria Caucus, and helping to AUTHORITY TO SIGN DULY EN- Mr. REID. Mr. President, I ask unan- secure passage of a bill authorizing ROLLED BILLS OR JOINT RESO- $50,000,000 for the prevention and treatment imous consent that the Senate proceed of HIV/AIDS, tuberculosis, and malaria; LUTIONS to S. Res. 390. Whereas the Honorable Donald M. Payne Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The served as Chairman of the Congressional imous consent that on Wednesday, clerk will report the resolution by Black Caucus Foundation and previously as March 7, the majority leader be author- title. Chairman of the Congressional Black Cau- ized to sign duly enrolled bills or joint The assistant legislative clerk read cus; resolutions. as follows: Whereas, in March 2012, the United States The PRESIDING OFFICER. Without A resolution (S. Res. 390) honoring the life Agency for International Development objection, it is so ordered. and legacy of the Honorable Donald M. launched the Donald M. Payne Fellowship f Payne. Program to attract outstanding young peo- ple to careers in international development; There being no objection, the Senate ORDERS FOR THURSDAY, MARCH Whereas the Honorable Donald M. Payne 8, 2012 proceeded to consider the resolution. served on the boards of directors of the Na- Mr. REID. I ask unanimous consent tional Endowment for Democracy, Trans- Mr. REID. Mr. President, I ask unan- that the resolution be agreed to, the Africa, the Discovery Channel Global Edu- imous consent that when the Senate

VerDate Mar 15 2010 05:44 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MR6.009 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE S1494 CONGRESSIONAL RECORD — SENATE March 7, 2012 completes its business today, it ad- the first half and the Republicans the amendments we have to dispose of, so journ until Thursday, March 8, 2012, at final half; that following morning busi- there is no question that Senators 9:30 a.m; that following the prayer and ness, the Senate will resume consider- should expect a number of votes tomor- pledge, the Journal of proceedings be ation of S. 1813, the surface transpor- row. tation bill. approved to date, the morning hour be f deemed expired, and the time for the The PRESIDING OFFICER. Without two leaders be reserved for their use objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. later in the day; that following any f TOMORROW leader remarks, the Senate proceed to PROGRAM Mr. REID. Mr. President, if there is a period of morning business for 1 hour, Mr. REID. Mr. President, so everyone no further business to come before the with Senators permitted to speak understands, we have reached agree- Senate, I ask that it adjourn under the therein for up to 10 minutes each, with ment to complete action on the surface previous order. the time equally divided and controlled transportation bill. Under the order we There being no objection, the Senate, between the two leaders or their des- just entered, we can finish this tomor- at 10:28 p.m., adjourned until Thursday, ignees, and the majority will control row. It is a huge job. We have 30 March 8, 2012, at 9:30 a.m.

VerDate Mar 15 2010 04:08 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MR6.053 S07MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E325 EXTENSIONS OF REMARKS

A TRIBUTE TO MIKE GLOVER of Northeastern Pennsylvania, then report to and future service of Bexton Place. Bexton the site of a future church. There, they would Place strives to provide all persons with qual- HON. TOM LATHAM help excavate and construct the building. ity, affordable housing so that San Antonio OF IOWA Many parishioners generously mortgaged their families do not have to sacrifice paying the IN THE HOUSE OF REPRESENTATIVES homes to provide collateral for the project. On rent for other basic necessities. Wednesday, March 7, 2012 October 3, 1937, the cornerstone was dedi- The noble mission of the Retirement Hous- cated, and St. George’s Carpatho-Russian Or- ing Foundation is as important today as it was Mr. LATHAM. Mr. Speaker, I rise today to thodox Greek Church began its mission of glo- fifty years ago. Its impact on our communities recognize the career of one of the preeminent rifying God. cannot be overstated. I would again ask you voices of Iowa journalism. Mike Glover, whose In 1954, a tragic gas explosion destroyed to congratulate Bexton Place and the Retire- byline has accompanied countless Associated the church hall and tested the parish’s resil- ment Housing Foundation on their fifty years Press reports from the Iowa Capitol for three iency. Officers and trustees immediately es- of ensuring that low-income families and indi- decades, announced this week that he’s retir- tablished plans to rebuild, and two months viduals have acess to quality housing. ing in May. later, St. George’s Social Club rooms were f Mr. Glover’s work has appeared on the front completely rebuilt and reopened. Members of pages of newspapers across Iowa and the congregation would be challenged again in RECOGNIZING STEVEN O’CONNOR throughout the country, offering concise and 1975, as a mine subsidence threatened the timely news and analysis on some of the big- church and forced the congregation to move. HON. CHARLES F. BASS gest political stories of our time. He’s covered Four years later, St. George’s found its perma- OF NEW HAMPSHIRE nearly every major presidential contender to nent home on Keyser Avenue near Scranton. IN THE HOUSE OF REPRESENTATIVES pass through Iowa before the state’s first-in This modern church complex, which can hold the-nation caucuses. And while the Iowa Gen- 350 of the faithful, is among the most beautiful Wednesday, March 7, 2012 eral Assembly is in session, his presence in in Northeastern Pennsylvania. Mr. BASS of New Hampshire. Mr. Speaker, the halls of the Statehouse in Des Moines Today, the dedicated parishioners of St. I rise today to recognize Steven O’Connor of seems nearly ubiquitous as he tracks down George’s continue the virtuous work started by Milford, New Hampshire, a remarkable young the news of the day. their forbears 75 years ago. This generation’s man who, in June of 2010, demonstrated im- Mr. Glover began his career working for goal is to continue the work done by past gen- mense bravery and courage in order to save newspapers in Fort Dodge, Iowa, and Bloom- erations. The present church is the result of his younger sister’s life. ington, Illinois, before he started at the Associ- faithfulness to the teachings, customs, and tra- Steven, who was a Webelo Cub Scout at ated Press, where he would spend the next 32 ditions of immigrants from Eastern Europe. the time, had just recently learned how to years. He currently lives in Windsor Heights With the guidance of their present pastor, Fa- swim when he was celebrating Father’s Day at with his wife, Betty, who serves on the Wind- ther Mark Leasure, the church welcomes all his grandparents’ house with his family. Mac- sor Heights City Council. Throughout Iowa’s families as they seek to explore the rich Chris- kenzie O’Connor, Steven’s younger sister, had political and journalistic circles, he’s earned a tian faith. slipped underwater and was struggling to stay reputation for doggedly pursuing the truth and Mr. Speaker, I offer my most sincere con- afloat when Steven leaped into action. Before reporting the facts in a no-nonsense fashion. gratulations and deepest respect to the parish- any of the adults had time to react to To my great pleasure—and occasionally to ioners of St. George’s Carpatho-Russian Or- Mackenzie’s struggles, Steven had jumped my consternation—Mr. Glover has put me in thodox Greek Catholic Church of Taylor, into the pool and pulled his younger sister to the crosshairs of his tough-but-fair questioning Pennsylvania, and I wish them many years of safety. on numerous occasions during my appear- successful, faithful future service. Steven’s selfless and heroic actions are ances on Iowa Press, a weekly news and cur- f commendable, and I am incredibly impressed rent events program on Iowa Public Tele- by this young man’s quick thinking and fear- vision. I know Mr. Glover to be a consummate TRIBUTE TO BEXTON PLACE AND less instincts. Steven will be awarded with the professional and a true newsman in every THE RETIREMENT HOUSING Boy Scouts of America’s Meritorious Action sense of the word. FOUNDATION Award this Saturday in Hollis, New Hampshire, Mr. Speaker, in an increasingly chaotic and an award that is truly well-deserved. fractured media environment, Mr. Glover’s ca- Steven’s parents, grandparents, sister, and reer is a shining example of the importance of HON. CHARLES A. GONZALEZ extended family, as well as his friends and objective and factual reporting, something I OF TEXAS teachers, must be extremely proud of his brav- know every member of this chamber respects IN THE HOUSE OF REPRESENTATIVES ery, and I join the people of Milford, and in- and appreciates. Please join me in congratu- Wednesday, March 7, 2012 deed the entire Granite State, in congratu- lating Mike Glover on his illustrious career and Mr. GONZALEZ. Mr. Speaker, I ask my col- lating Steven on a job well done. I wish him wishing him a happy retirement. leagues to join me in recognizing Bexton all the best in his future endeavors, particularly f Place Apartments in my district in San Anto- as he seeks to become an Eagle Scout. ST. GEORGE’S CARPATHO-RUSSIAN nio. Bexton Place is a member of the Retire- f ORTHODOX GREEK CATHOLIC ment Housing Foundation, and they will join in CHURCH celebrating the foundation’s fifty years of serv- PENSACOLA CHRISTIAN COLLEGE ice to the community on March 13, 2012. COMMUNITY HONORS RETIRING HON. LOU BARLETTA The Retirement Housing Foundation is a PRESIDENT DR. ARLIN HORTON non-profit organization of 159 communities in OF PENNSYLVANIA 24 States, Washington, D.C., Puerto Rico, and IN THE HOUSE OF REPRESENTATIVES HON. CATHY McMORRIS RODGERS the U.S. Virgin Islands, providing housing and OF WASHINGTON Wednesday, March 7, 2012 services to more than 17,000 older adults, IN THE HOUSE OF REPRESENTATIVES Mr. BARLETTA. Mr. Speaker, I rise to con- low-income families, and persons with disabil- gratulate the parishioners of St. George’s ities. Wednesday, March 7, 2012 Carpatho-Russian Orthodox Greek Catholic Throughout the past fifty years the founda- Mrs. MCMORRIS RODGERS. Mr. Speaker, Church in Taylor, Pennsylvania, who are cele- tion has fostered an environment in which I rise today to recognize the exemplary career brating the church’s 75th anniversary. team members work to make life better for of a great leader, scholar and Pensacola In 1937, immigrants from Eastern Europe thousands of San Antonians. This pinnacle Christian College’s Founder and President, Dr. would labor for long hours in the coal mines achievement speaks to both the past laurels Arlin Horton. After 38 years of exceptional

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

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MR8.001 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E326 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 leadership at Pensacola Christian College and Capping off a 26–4 season, the title recently Mr. DeSanto has dedicated countless hours nearly 60 years at Pensacola C Academy, we secured by the Dillard team is truly special. over four decades to Little League Baseball, celebrate Dr. Horton’s retirement and reflect This third consecutive state title is a record for providing our youth with a healthy, safe, and back on a career of distinguished accomplish- Dillard High, and makes their winning streak enjoyable summer pastime. Mr. DeSanto built ments. the second longest in Broward history and one the Pittston Township Little League from the As the Founder of my alma mater, Pensa- title away from tying the County record of four ground up, beginning his decades of service cola Christian College, Dr. Horton created one consecutive titles. Furthermore, with their sev- at the age of 24. of the finest institutions of higher learning in enth state championship overall, the Lady Mr. DeSanto, along with 12 to 15 other America—and a ministry serving God’s work Panthers hold the record for the most titles men, formed the league in 1975 with a vision with leadership, responsibility and faith. After held by any girls’ basketball program in and passion for service; without one cent of he and his wife Beka graduated from college Broward County, and makes them the second grant money. Each year, he and other volun- in 1951, they came to Pensacola to start this most winningest team in the State. Further- teers signed for a $15,000 bank loan to im- ministry. And their success was extraordinary. more, they are just one championship behind prove the league. Additionally, 11 years after In 1954, they opened the doors to Pensa- the current record holders Jacksonville its founding, the Pittston Township Little cola Christian School—which began with only Ribault. League was selected to host Pennsylvania’s 35 students—and since 1970, over 2,000 stu- It should also be noted that all seven cham- all-star tournament. dents from kindergarten through twelfth grade pionships have come under the leadership of In 1995, District 31 recognized Mr. have received an education at Pensacola Coach Marcia Pinder, whose 804–175 record DeSanto’s hard work by naming him District Christian School. With over 93,000 Christian makes her the all-time winningest basketball 31 Administrator. Under his leadership, District school principals and teachers attending clin- coach overall in Florida’s history. Following 31 established stronger rules and regulations ics in Pensacola, the work President Horton this recent championship, Coach Pinder was that enhanced the safety of our youth. Further- and his wife began paved the way for genera- named the 2012 Russell Athletic/Women’s more, Mr. DeSanto advocated for background tions of students, teachers and leaders. Basketball Coaches Association (WBCA) Na- checks for league volunteers, and he created Years later, Dr. Horton’s influence expanded tional High School Coach of the Year. She will a GPS program so 9–1–1 centers had the from the Christian School to a broad network be honored at the 2012 WBCA High School exact latitude and longitude of all 131 fields of Christian radio stations all across the coun- All-American Game that is played in conjunc- within the district. try. He also began publishing unique curricu- tion with the NCAA Women’s Final Four in Mr. Speaker, by founding the Pittston Town- lums for Christian Schools, which revolution- Denver, Colorado on March 31, 2012. ship Little League, Fred DeSanto created and ized Christian education in America. Today, I would like to take the time to honor each worked to improve a place of fun, health, and over 10,000 Christian schools and daycares player and coach who, along with Coach camaraderie for the youth in Pennsylvania’s use their books. Pinder, made this record-setting win possible. 11th District. Mr. DeSanto is to be com- Most notably thought, in 1974, Dr. Horton The Championship Lady Panthers are: mended for his 37 years of service to our founded Pensacola Christian College, from LaQuacious Adams, Alliyah Anderson, community. which I was honored to receive my Bachelor’s Shatorria Baker, Demetria Brown, Jo’ Coretah Clayton, Brianna Green, Amber Hanna, Degree in 1990. Beginning with only 100 stu- f dents in the fall of 1974, Pensacola Christian Dominique Harris, Kareese Johnson, Jessica College now recognizes over 16,600 alumni all Jones, Macy Keen, Courtney Parson, Tiara THE RETIREMENT OF SHERIFF over the world. To say that his influence was Walker, and Kayla Wright. The Lady Panthers FRANK CANTEY incalculable is an understatement. and Coach Pinder and their championship So today I join Dr. Arlin and Beka Horton in season were also supported by assistant HON. DAN BOREN coaches: George Adams, Brandon Adams, celebrating a long life of dedication to edu- OF OKLAHOMA cation, devotion to Christ, and commitment to Tonia Adams, Tania Miller, Evelyn Powers, IN THE HOUSE OF REPRESENTATIVES making a difference in the lives of others. Enewetok Ramsey, and Chanell Washington. I While Dr. Horton’s retirement is sad for the would also like to recognize Dillard High Prin- Wednesday, March 7, 2012 PCC community, we will all—PCC students cipal Casandra D. Robinson and Athletic Di- rector Tracie Latimer, without whom the girls’ Mr. BOREN. Mr. Speaker, I rise today to and alumni alike—continue to carry his legacy speak in honor of my dear friend Frank with us forever. He taught us: ‘‘To God be the basketball program would not be given the support it rightly deserves. Cantey, who after 11 years of service will be Glory!’’—and this we will most certainly re- retiring from his role as Sheriff of Mayes member. Mr. Speaker, I am extremely proud of the Lady Panthers, Coach Pinder, and all of their County, Oklahoma. f supporters who every year continue to push Frank has been in law enforcement since the bounds for what is possible within their 1973, when he started taking criminal justice CONGRATULATING THE DILLARD classes while working at the Contra Costa HIGH SCHOOL GIRLS’ BASKET- sport. I am truly honored to represent such gracious sportswomen, and look forward to County Campus Police Department in Cali- BALL TEAM ON THEIR THIRD fornia. In 1979, he moved to Oklahoma and CONSECUTIVE STATE TITLE next season where I hope to see the Lady Panthers tie both the Broward County’s record has since served on the force in both Dela- for most consecutive championships and Flor- ware and Mayes Counties. HON. ALCEE L. HASTINGS ida’s record for most titles overall. After retiring from the Police Department, Cantey was elected Sheriff of Mayes County OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES and took office in 2001. He has served Okla- MR. FRED DESANTO homa honorably and kept Mayes County safe Wednesday, March 7, 2012 over the past 11 years. As a member of the Mr. HASTINGS of Florida. Mr. Speaker, I HON. LOU BARLETTA Executive Board of the Oklahoma Sheriff’s As- sociation, Frank has worked to support public rise today to congratulate the Lady Panthers OF PENNSYLVANIA safety through training, education and the pro- girls’ basketball team of Dillard High School in IN THE HOUSE OF REPRESENTATIVES Fort Lauderdale, Florida on their recent state motion of positive interaction among all crimi- championship. Once again, under the inspiring Wednesday, March 7, 2012 nal justice agencies across the state. leadership of Coach Marcia Pinder, the wom- Mr. BARLETTA. Mr. Speaker, I rise to honor I had the honor of getting to know Cantey en’s varsity basketball team won the Class 5A Mr. Fred DeSanto, who will be recognized as during my first election, and I enjoy seeing him state title. The game was hard fought on both the 2011 recipient of the Joseph F. Saporito perform in his famous band, the Law Dawgs. sides but even under intense pressure, the Lifetime of Service Award presented by the Frank has always been dedicated to his women of Dillard High persevered to defeat Pittston Dispatch in Pittston, Pennsylvania. Mr. wife, Linda, and their two sons Jason and Jeff. St. Johns Bartram Trail. With staunch defense DeSanto’s selfless dedication to the service of It is because of this commitment that he has and discipline, this team made history by others makes him the ideal recipient of an chosen to retire. I wish Frank the best of luck clinching their third consecutive state title and award that highlights the legacy of a truly in his endeavors, and thank him for his tireless seventh title overall. great individual, Joseph F. Saporito. commitment to Oklahoma.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.003 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E327 TRIBUTE TO CHIEF PETTY Achim’s Endowment Fund Board of Directors. There were the EMTs off Interstate 65 who OFFICER FERNANDO JORGE, USCG Mr. Pulman’s civic engagement is not limited saw a woman thrown from her car, and saved to the Agudas Achim congregation, but in- her from being pummeled by hail by dragging HON. JO BONNER cludes various leadership roles at Camp a large metal sign across the road and holding OF ALABAMA Young Judea, the Golden Manor Foundation, it over her. They likely saved her life. and Israel Bonds. Mrs. Pulman’s active leader- There is Stephanie Decker, a Marysville IN THE HOUSE OF REPRESENTATIVES ship within the community is evident through mother who lost parts of both legs but coura- Wednesday, March 7, 2012 her involvement as Vice President of Golden geously saved the lives of her two children by Mr. BONNER. Mr. Speaker, I rise to pay Manor Jewish Senior Services, President of covering them with her body as a tornado tribute to U.S. Coast Guard Chief Petty Officer the Campus Board of Directors of the Harry crushed their home on top of them. We are Fernando Jorge, age 39, of Buena Park, Cali- and Jeanette Weinberg Campus of the San pulling for you and your family, Stephanie. fornia and to honor his service to our country. Antonio Jewish Community, and President of There were parents and friends and even CPO Jorge was one of four U.S. Coast the Barshop JCC. Mrs. Pulman was also rec- strangers across southern Indiana who, as Guard crewmen aboard a MH–65C Dolphin ognized with the Jewish Federation of San An- danger approached, took a moment to extend helicopter when it crashed into Mobile Bay on tonio’s Sylvia F. and Harry Sugarman Young a hand to others, and said, ‘‘Come inside, February 28, 2012, during an evening training Leadership Award in 1998 for her efforts on we’ll make room.’’ After the storms left their mark, Hoosiers im- mission. The accident claimed the lives of their Board of Directors. Additionally, Shari mediately turned to accounting for loved ones each of the crew. and Randy Pulman both hold leadership posi- tions within the American Israel Public Affairs and comforting neighbors. CPO Jorge, a 20-year Coast Guard veteran The damage was, and is, severe. One tor- Committee (AIPAC). and rescue swimmer, was stationed at the nado—by some accounts a half-mile wide— During the course of just a few years, their Aviation Training Center in Mobile, Alabama at carved a clear path through southern Indiana, tireless support of Israel and the work they the time of the accident. ripping trees out of the earth, hurling auto- have done for Congregation Agudas Achim A devoted professional who dedicated his mobiles and combines long distances, sev- have been an inspiration to all those around life to saving others, CPO Jorge was accus- ering power lines, and decimating countless them and a model for generations to follow. I tomed to the challenges of the sea. According homes and businesses. to the Mobile Press-Register, CPO Jorge was would again ask you to congratulate Shari and Here again, Hoosiers did not sit around and featured on the History Channel’s ‘‘Extreme Randy Pulman on being honored at the 2012 wait for others to help us out. We got to work. Search and Rescue’’ program in 2004. Congregation Agudas Achim’s Annual Gala Over the weekend, I spent time surveying CPO Jorge and his fellow crewmen of CG– and Honors evening. the damage and meeting with those who lost 6535 each shared a love of service and a f the most. Everywhere I visited, I met citizens dedication to saving lives. The Coast Guard is HONORING THE PEOPLE OF INDI- wearing boots and work gloves who were bus- a vital protector for our Nation’s coastal com- ily beginning to sort through piles of rubble. I munities. We can never thank them enough ANA IN THE AFTERMATH OF DEADLY TORNADOES met others who had fired up their chainsaws for their commitment to our country. and were clearing debris from roadways. I saw Mobile is a Coast Guard city and we suffer clusters of cars and pick-up trucks parked out- the loss of CPO Jorge as one of our own. We HON. TODD C. YOUNG side homes that were hit hardest. grieve with his family and we stand with them OF INDIANA In the aftermath of such a tragedy, one and the entire United States Coast Guard fam- IN THE HOUSE OF REPRESENTATIVES would be forgiven for asking, ‘‘Why me?’’ But ily. Wednesday, March 7, 2012 I never heard it. To quote the words of the Coast Guard Instead, time and again I heard Hoosiers hymn, Mr. YOUNG of Indiana. Mr. Speaker, I rise sympathize with those who lost more than today because I’ve never been prouder to call Eternal Father, Lord of hosts, they. And more than one person told me that, Watch o’er the men who guard our coasts. southern Indiana home. in the end, stuff isn’t all that important—it’s Protect them from the raging seas Late Friday afternoon in our part of America, people that are important. And I heard sincere, And give them light and life and peace. a disaster brought neighbors together, turned caring people ask their neighbors, ‘‘How can I Grant them from Thy great throne above strangers into friends, and reminded us all of help?’’ The shield and shelter of Thy love. what it means to be part of a community. At one stop, I met a young couple from Jef- On behalf of the people of Alabama and a Over the course of several hours, fierce fersonville—only 15 miles away—who offered grateful Nation, I offer condolences to CPO winds, softball-sized hail, and deadly torna- me a drink of water. Their city didn’t suffer Jorge’s family and many friends. You are each does descended upon southern Indiana com- much damage, so they loaded up their cars in our thoughts and prayers. munities, leaving behind a 50-mile path of de- with bottled water and granola bars, looking f struction from New Pekin to Chelsea and be- for others who needed a hand. yond. In Henryville, a pizza shop was mostly de- TRIBUTE TO RANDY AND SHARI Our people are still assessing the costs, but stroyed, except for the freezer. The couple PULMAN OF SAN ANTONIO, TEXAS we know this much: at least 13 Hoosiers have who owned it, rather than worrying about the died; scores have lost their homes and busi- loss of their business, asked officials how they HON. CHARLES A. GONZALEZ nesses; and citizens across the region have could donate food from the freezer to those OF TEXAS suffered untold damage to their personal and who needed it most. IN THE HOUSE OF REPRESENTATIVES public property. In Marysville, the local Christian Church re- As hard as it is to imagine, the tragedy Wednesday, March 7, 2012 mains intact, but little else. Pastor Bob Priest might have been worse were it not for the told me their decades-old building is no longer Mr. GONZALEZ. Mr. Speaker, I ask my col- bravery, and resilience, of rank-and-file Hoo- structurally sound, but the congregation has leagues to join me in recognizing Randy and siers. never been stronger. As congregants were Shari Pulman of San Antonio on being hon- Our firemen, policemen, EMTs, and local of- busy making repairs, I noticed the stained ored at the 2012 Congregation Agudas ficials deserve our thanks. Those who serve in glass window above the church doorway was Achim’s Annual Gala and Honors Evening. Indiana’s National Guard, our State Police, undamaged. It reads, ‘‘In Memory of the Will- Over the years, they have been shining ex- and our Department of Homeland Security ing Workers.’’ amples for our community and have left an in- stepped up, too. From the initial response The local Red Cross chapter opened an delible mark on the well-being and develop- through the ongoing efforts today, their service overnight shelter, but in the first weekend no ment of countless San Antonians. Shari and has been exemplary. one checked in: Instead, friends shared their Randy have set a high standard of leadership But it has been concerned citizens—so- homes; churches opened their doors . . . ev- through their dedication to Agudas Achim called ordinary Americans—who have restored eryone, it seems, could count on someone. Congregation and the entire community of San a measure of stability to a region pummeled For those of us who have seen the scale Antonio. by forces beyond our control. and scope of destruction up close, we know Since 1995, Mr. Pulman has served on the There was the bus driver in Henryville who, the path back will not be easy. But we will fix Agudas Achim’s Board of Trustees, most re- in the nick of time, rushed dozens of children all that Mother Nature broke. cently serving as Vice President-Finance Ad- back to school to protect them from the ap- Government at all levels will, and must, be ministration and as Treasurer of Agudas proaching twister. there to help—from local authorities, to the

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MR8.005 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E328 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 State of Indiana, to our congressional offices. sary. The couple have two children, a 5-year- Deck #4 and the lifeboats. The central (Main) My staff and I, in particular, are eager to con- old daughter and a 2-year-old son. entrance to the dining room was blocked nect our constituents to whatever federal serv- Mr. Speaker, we offer our most heartfelt with panicking passengers and crew. The only crew member offering guidance was a ices, and funds, might help them get their lives sympathy and sincere condolences to Ser- woman in a showgirl-style gown near the back on track. geant Everett’s loved ones. I ask my col- gangway who was showing the passengers But make no mistake: it will be the people leagues to join Mr. NUNES, Mr. DENHAM, and the way to the lifeboats. of Indiana—the people of tight-knit commu- me in honoring his courageous and heroic Once on Deck #4, people were panicking nities like Henryville, Marysville, Chelsea, and service in the United States Marine Corps. His and fighting over lifejackets. Once I found New Pekin—who will rebuild broken lives. dedication to preserving freedom and democ- and delivered one to my wife, another During these tough times, Hoosiers are re- racy will be remembered for generations to woman damaged it while tearing it out of minding us what it means to be a community come. her arms. The announcements indicated that of citizens—One Nation, Under God, indivis- it was an electrical problem with the genera- f tors and everything was under control. Evi- ible, come what may. That sense of commu- dence indicates that some passengers were nity has always bound Americans in tough TESTIMONY FROM BRIAN AHO, instructed by crew to return to their cabins. times, and it will get us through this tragedy as PASSENGER ABOARD THE As these announcements were made, the ship well. ‘‘COSTA CONCORDIA’’ CRUISE was listing more and sinking deeper. Imme- This thought especially struck home with me LINER diately after a similar announcement, we as I visited Henryville High School. The roof of heard the abandon ship signal (six short sig- the gymnasium was torn off, some of the walls HON. TIM HOLDEN nals and one long signal). Few people knew had collapsed, and the bleachers were demol- what it meant as there was no verbal aban- OF PENNSYLVANIA don ship announcement. ished. But hanging in the rafters, waving in the breeze, still hung the American flag un- IN THE HOUSE OF REPRESENTATIVES When a crewmember finally appeared, the panicking passengers pushed their way to- scathed. Wednesday, March 7, 2012 ward the boat. My wife had to grab my May God be with those Americans who are Mr. HOLDEN. Mr. Speaker, I rise today to daughter and pull her into the boat as a cow- putting their lives back together. We are pray- enter sworn testimony into the record from ardly man tried to push her out of the way. ing for you, and here for you. Once the boat was filled, the crewman had Brian Aho, whose family was among the thou- trouble readying and releasing the boat. f sands who experienced the panic and confu- After much hammering noise, the boat sion during the evacuation of the Costa HONORING THE LIFE AND SERVICE swung away from the Concordia. We were Concordia class cruise ship on January 13, OF SGT. JUSTIN AVERY EVERETT showered with white paint chips as if this 2012. Mr. Aho and his family have taken mul- boat had not been released since the gear had tiple cruise vacations and are familiar with been painted over. After being lowered, the HON. JIM COSTA many of the safety procedures that are nec- crew had difficulty disconnecting the boat from the davits. Once disconnected, it was OF CALIFORNIA essary aboard these large ships. Mr. Aho de- clear that the crew did not know how to IN THE HOUSE OF REPRESENTATIVES tails the failure of safety measures aboard the pilot the lifeboat effectively. It kept col- Wednesday, March 7, 2012 Costa Concordia, the lack of guidance from liding with other boats and, eventually, the the ship’s crew, and the absence of account- pier. Mr. COSTA. Mr. Speaker, it is with a heavy ability demonstrated by the ship’s captain. There were NO Costa representatives—nei- heart that I rise today with my colleagues, Mr. This testimony will hopefully lead to new rules ther officers nor crew—on the pier to provide NUNES and Mr. DENHAM, to honor the life of and safety guidelines that can help prevent fu- guidance to the passengers. The only help we United States Marine Sgt. Justin Avery Ever- ture catastrophes. received was from the residents of the island. ett. Sergeant Everett passed away Wednes- DEAR MR. CHAIRMAN AND MEMBERS OF THE As experienced cruise vacation passengers, day, February 22, 2012 in a tragic helicopter SUBCOMMITTEE: Thank you for inviting me to we have recognized significant problems accident during a night training exercise near testify today. My name is Brian Aho. My that, in our opinion, made a terrible situa- Marine Corps Air Station in Yuma, Arizona. He wife, Joan Fleser, my daughter, Alana, and I tion even worse: was 33 years old. Sergeant Everett’s patriot- set sail from the Port of Rome There were no safety drills or instructions ism, bravery, and selfless service to his coun- (Civitavecchia) on January 13, 2012, aboard distributed to passengers before sailing out try will ensure that his legacy lives on for the Concordia cruise liner operated by Costa into the open Mediterranean Sea. Crociere and its parent company, Carnival years to come. The public address announcements pro- Corporation. vided false information. A proud son of California’s San Joaquin Val- Though we have been on many cruise vaca- ley, Sergeant Everett was born in Chowchilla, The manning and deployment of the life- tions with several cruise lines, this was our boats was delayed though the ship was in im- California to James and Patsy Everett. Ser- first European cruise and our first time sail- minent danger. ing with Costa. We chose this particular ship geant Everett grew up in Fresno, California The crew was unable to instruct passengers and itinerary for our 20th anniversary cruise with his siblings: James, Jason and Jeremy. during an emergency. He graduated from Reedley High School in because of the opportunity to visit many ports in several countries. The crew was unable to launch and operate 1996 where he won numerous wrestling med- the lifeboats effectively. als. After high school Sergeant Everett served As experienced cruise passengers, we have fallen into a particular embarkation pattern. According to reports, the captain and sen- as a youth group leader at the Church of God Once aboard we locate our stateroom, un- ior staff abandoned the ship with passengers Prophesy in Fresno. His commitment to serv- pack our luggage (if available) and take a still aboard the capsizing vessel. There was ice was evident as a young man. He exempli- walking tour of the ship. We investigate the no one aboard to coordinate the evacuation. fied a selfless, noble nature and a commit- theater, the pools, the dining-room to which This accident was not caused solely by the ment to a cause greater than his own. we have been assigned and the safety fea- actions of a single individual. It has been al- Following the terrorist attacks of September tures. We made note that our stateroom was leged that Costa and its parent corporation, 11th, Sergeant Everett joined the United on Deck #2 forward, our dining room was on Carnival, allowed Captain Schettino to di- vert from the assigned course on previous States Marine Corps in 2002. During his 10 Deck #3 aft, and lifeboat access was on Deck #4. voyages. Clearly, this course deviation was year service, he was deployed on two tours of After our investigation, we went back to not due to climatic or safety concerns. It is duty in Iraq. He served as a Pilot and a Crew our stateroom to prepare for a late-seating (9 our opinion that—with today’s technology— Chief with the 3rd Marine Aircraft Wing aboard p.m.) dinner. Once seated—while our appe- central management of the cruise line must a UH–1Y Huey. At the time of his death, Ser- tizers were being served—the ship began to have been able to locate the position of—and geant Everett was preparing for a deployment shudder. The rhythmic vibration quickly be- track the progress of—a massive liner like to Afghanistan in July 2012. came worse and, after a tremendous groan the Concordia. Either they were aware of its In addition to his legacy as a U.S. Marine, and crash, the ship began to list severely. deviation from the pre-determined course and sanctioned it, or they were ill-equipped Sergeant Everett will be remembered as a lov- People were falling, glasses and plates were sliding off the tables and smashing, and peo- to manage the operation of this and perhaps ing son, brother, husband, father, and friend. ple were screaming. The panic got worse other vessels. He is survived by his parents and his brothers, when the lights failed. The courts will determine who or what or- who are also helicopter pilots. Shortly before My family formed a three-link chain and ganization is to blame for the tragic loss of his death, Sergeant Everett and his wife, we worked our way through the fallen debris life in January of 2012 off the coast of Tus- Holly, celebrated their 11th wedding anniver- toward an outboard gangway leading up to cany.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.006 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E329 INTRODUCTION OF THE CHESA- form a proposal that does not pit the health of taken on farms to control nitrogen and phos- PEAKE BAY PROGRAM REAU- the bay against the strength and vitality of our phorous nor does it even account for some of THORIZATION AND IMPROVE- local communities and that is why we rise the nitrogen and phosphorous reductions that MENT ACT today to introduce the Chesapeake Bay Pro- are being achieved through government pro- gram Reauthorization and Improvement Act grams like USDA’s Environmental Quality In- HON. BOB GOODLATTE Instead of overregulation and intrusion into centives Program. Effectively, EPA is ignoring OF VIRGINIA the lives and livelihoods of those who choose nutrient reductions that have already been IN THE HOUSE OF REPRESENTATIVES to make the Bay Watershed their home, our achieved. Our legislation requires that an inde- legislation allows states and communities pendent evaluator assess and make rec- Wednesday, March 7, 2012 more flexibility in meeting water quality goals ommendations to alter EPA’s Bay model, so Mr. GOODLATTE. Mr. Speaker, I rise today so that we can help restore and protect our that we can develop a model that will capture to introduce the Chesapeake Bay Program natural resources. Our bill sets up new pro- all of the nutrient reductions that are hap- Reauthorization and Improvement Act with my grams to give farmers, homebuilders, and lo- pening in the Bay. colleague TIM HOLDEN from Pennsylvania. calities new ways to meet their water quality Mr. Speaker, the people who call the Bay The Chesapeake Bay, the largest estuary in goals. This includes preserving current intra- Watershed home are the ones who are the the U.S., is an incredibly complex ecosystem state nutrient trading programs that many Bay most concerned about protecting and restoring that includes important habitats and is a cher- states already have in place, while also cre- the Chesapeake Bay. Unfortunately, too often ished part of our American heritage. The Bay ating a voluntary interstate nutrient trading these hardworking individuals are cast as vil- Watershed includes all types of land uses, program. Additionally, this bill creates a vol- lains and placed in a position where restoring from intensely urban areas, spread out subur- untary assurance framework for farmers. The the Bay is pitted against the economic liveli- ban development and diverse agricultural program will deem farmers to be fully in com- hoods of their communities. We can restore practices. pliance with their water quality requirements the Bay while also maintaining the economic I have worked hard during past negotiations as long as they have undertaken appropriate livelihood of these communities. The Chesa- on the Farm Bill to ensure that critical re- conservation activities to comply with state peake Bay Program Reauthorization and Im- sources are in place to help restore the Bay. and federal water quality standards. provement Act is the way we can do both. I While the goal from all involved is the same, Our bill makes sure that the agencies are look forward to working with my colleagues in restoring the health and vitality of the Bay, the using common sense when regulating water the Congress, so that we can pass this impor- path to that health and vitality is being strongly quality goals for localities. Our legislation re- tant legislation and work to restore the Chesa- debated. It is a clear choice, overregulation quires the regulators to take into account the peake Bay. and intrusion into the lives and livelihoods of availability, cost, effectiveness, and appro- f those who choose to make the Bay watershed priateness of practices, techniques, or meth- their home, or commonsense incentive-based ods in meeting water quality goals. This will TRIBUTE TO LT. CMDR. DALE T. efforts that help restore and protect our natural ensure that localities are not being mandated TAYLOR, USCG resources. to achieve a reduction in nutrient levels by a Unfortunately, proposals like the Presidential prescribed date, when no technology exists to HON. JO BONNER Executive Order and the Environmental Pro- achieve that reduction within that timeline. OF ALABAMA tection Agency’s Total Maximum Daily Load, Additionally, the bill contains language that IN THE HOUSE OF REPRESENTATIVES TMDL, forces more mandates and over- reaffirms and preserves the rights of the states zealous regulations on all of those who live, to write their own water quality plans. This role Wednesday, March 7, 2012 work, and farm in the Chesapeake Bay Water- has been traditionally reserved to the states Mr. BONNER. Mr. Speaker, I rise to pay shed. The EPA’s TMDL is a power grab that but that is being threatened by the Obama Ad- tribute to U.S. Coast Guard Lt. Cmdr. Dale T. sets strict limits on the amount of nutrients dis- ministration’s policies. The Obama Administra- Taylor, age 36, and to honor his heroic and charged into the Chesapeake Bay and each of tion is seeking to expand their regulatory au- tireless service to our country. its tributaries by different types of sources. thority by seizing authority granted to the Lt. Cmdr. Taylor was one of four U.S. Coast These limits will dramatically restrict land us- states and converting the Bay Cleanup efforts Guard crewmen aboard a MH–65C Dolphin ages for everyone who lives and works in the to a process that is a top down approach with helicopter when it crashed into Mobile Bay on Watershed. Although the Clean Water Act re- mandatory regulations. I believe that each February 28, 2012, during an evening training quires the EPA to establish a TMDL, the state knows best how to manage their water mission. The accident claimed the lives of power is currently reserved to the states to de- quality goals; not the bureaucrats at the EPA. each of the crew. termine how to improve water quality, includ- This legislation would restore the original in- Lt. Cmdr. Taylor, a rescue pilot and father of ing determining nutrient reduction allocations tent of the Clean Water Act and reaffirm the two young sons, was stationed at the Aviation among different types of point and non-point role of the States to write their own water Training Center in Mobile, Alabama. He and sources. In the proposed TMDL, the EPA has quality plans. his family are active members of Cottage Hill exceeded its authority in the Clean Water Act While our bill does a lot to improve water Baptist Church, where he served as a deacon. by setting specific nutrient reduction alloca- quality, we also call for more oversight over An accomplished pilot who was devoted to tions by sector, a power currently reserved to the Chesapeake Bay Program. For over 3 saving lives, Lt. Cmdr. Taylor received the the states. decades Congress has been working to pre- Coast Guard Medal in 2003 for heroism while Beyond the fact that the EPA lacks the au- serve and protect the Chesapeake Bay. De- heading a rescue mission near Key West, thority in the Clean Water Act to take the ma- spite the efforts of the federal, state, and local Florida. According to the award citation quoted jority of the actions that it is taking, I have se- governments the health of the bay is still in by the Mobile Press-Register, Lt. Cmdr. Taylor rious concerns about this approach to Bay peril. The participants in restoring the Bay in- braved rough seas to rescue a victim. ‘‘De- restoration. EPA has increased its federal ac- clude 10 federal agencies, six states and the spite jeopardizing his own safety, Lieutenant tions in the Watershed while relying on mod- District of Columbia, over one thousand local- Taylor grabbed the victim and with all his re- eling data that does not adequately include ities and multiple nongovernmental organiza- maining strength swam to the basket and lifted nutrient reductions that have been made in the tions. This legislation would fully implement the exhausted survivor to safety shortly before Watershed to guide its decisions. This raises two cutting-edge management techniques, the survivor would have surely succumbed to serious concerns about the ability of the agen- crosscut budgeting and adaptive management, the seas.’’ cy to measure and assess restoration efforts. to enhance coordination, flexibility and effi- Lt. Cmdr. Taylor and his fellow crewmen of Further, it is clear by reports of the commu- ciency of restoration efforts. Neither technique CG–6535 each shared a love of service and nities and industries affected, that these new is currently required or fully utilized in the Bay a dedication to saving lives. The Coast Guard regulations will be devastating during our cur- restoration efforts, where results have lagged is a vital protector for our nation’s coastal rent economic downturn. This will result in far behind the billions of dollars spent. Further, communities. We can never thank them many billions of dollars in economic losses to this bill calls for a review of the EPA’s Bay enough for their commitment to our country. states, cities and towns, farms and other busi- model. We often hear complaints from those Mobile is a Coast Guard city and we suffer nesses large and small. who make good faith efforts to restore the Bay the loss of Lt. Cmdr. Taylor as one of our This strategy limits economic growth and that their efforts are not being recognized by own. We grieve with his family and we stand unfairly over regulates our local economies. EPA’s Bay model. EPA’s model does not ac- with them and the entire United States Coast Mr. HOLDEN and I recognized that we must count for any voluntary measures being under- Guard family.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.009 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E330 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 To quote the words of the Coast Guard tinues this fine tradition today. In that spirit BUREAU OF RECLAMATION SMALL hymn, Regis began the REACH program ten years CONDUIT HYDROPOWER DEVEL- Eternal Father, Lord of hosts, ago to help low income middle school stu- OPMENT ACT OF 2011 Watch o’er the men who guard our coasts. dents to excel in their studies to allow them to Protect them from the raging seas not only attend the best high schools, but SPEECH OF And give them light and life and peace. eventually the best colleges and universities in HON. EARL BLUMENAUER Grant them from Thy great throne above the country. Students from the REACH pro- The shield and shelter of Thy love. OF OREGON gram have gone on to attend MIT, Boston Col- IN THE HOUSE OF REPRESENTATIVES On behalf of the people of Alabama and a lege, Cornell, Williams and the University of grateful nation, I offer condolences to Lt. Scranton. Tuesday, March 6, 2012 Cmdr. Taylor’s, wife, Teresa, and their sons, The REACH program is a study in what can The House in Committee of the Whole Evan and Emmett, as well as other family and be achieved if students are given the proper House on the state of the Union had under many friends. You are each in our thoughts tools to excel. Students attend a six week consideration the bill (H.R. 2842) to authorize and prayers. summer program, Saturday sessions in both all Bureau of Reclamation conduit facilities f the spring and fall and engage in an inde- for hydropower development under Federal pendent research program in the winter. Dur- reclamation law, and for other purposes: TRIBUTE TO OAK KNOLL VILLA ing each of these phases students are not Mr. BLUMENAUER. Mr. Chair, I strongly AND THE RETIREMENT HOUSING only tutored to excel academically but are also support the installation of small scale hydro- FOUNDATION provided with leadership training, a student power in water canals, pipelines and other Bu- mentor from Regis and eventually placement reau of Reclamation facilities. A small invest- HON. CHARLES A. GONZALEZ services into the best high schools in New ment could go a long way in helping farmers OF TEXAS York City. and rural communities produce homegrown IN THE HOUSE OF REPRESENTATIVES Ninety-six percent of students who partici- energy to help power their farms and irrigation systems and even sell power to the grid. The Wednesday, March 7, 2012 pate in the REACH program have gone on to a four year institution of higher learning, many Three Sisters Irrigation District in Oregon is Mr. GONZALEZ. Mr. Speaker, I ask my col- of whom are the first in their family to attend pursuing such a project, which could eventu- leagues to join me in recognizing Oak Knoll college. The REACH program can be used as ally create over 3 kilowatts of clean renewable Villa Apartments in my district in San Antonio. an example for all of us that by giving stu- power for the local community. Oak Knoll Villa is a member of the Retirement dents the appropriate tools they will excel. These innovative projects should move Housing Foundation, and they will join in cele- I want to congratulate Regis on their won- along as quickly as possible. Because they brating the foundation’s 50 years of service to derful success and wish them even greater would be installed in existing facilities, exten- the community on March 13, 2012. success in the next ten years. sive environmental review is not needed. How- The Retirement Housing Foundation is a f ever, I cannot support this bill because it in- non-profit organization of 159 communities in cludes an unnecessary waiver of the National 24 states, Washington, DC, Puerto Rico and OUR UNCONSCIONABLE NATIONAL Environmental Policy Act. Environmental re- the U.S. Virgin Islands, providing housing and DEBT view for these projects can be expedited services to more than 17,000 older adults, low through the existing process, which allows cat- income families, and persons with disabilities. HON. MIKE COFFMAN egorical exemptions by the appropriate federal Throughout the past 50 years the foundation OF COLORADO agency. A blanket exemption to NEPA would has fostered an environment in which team IN THE HOUSE OF REPRESENTATIVES set a bad precedent, and history has shown members work to make life better for thou- that short-circuiting environmental and public sands of San Antonians. This pinnacle Wednesday, March 7, 2012 reviews typically delays rather than assists achievement speaks to both the past laurels Mr. COFFMAN of Colorado. Mr. Speaker, project development. and future service of Oak Knoll Villa. Oak on January 20, 2009, the day President I supported an amendment by Rep. NAPOLI- Knoll Villa strives to provide all persons with Obama took office, the national debt was $ TANO that would have struck language in the quality, affordable housing so that San Antonio 10,626,877,048,913.08. bill that waives NEPA. Because this amend- families do not have to sacrifice paying the Today, it is $15,499,023,629,682.44. We’ve ment did not pass, I must reluctantly vote no. rent for other basic necessities. added $4,872,146,580,769.36 to our debt in 3 However, I stand ready to work with my col- The noble mission of the Retirement Hous- years. This is debt our nation, our economy, leagues to promote development of small con- ing Foundation is as important today as it was and our children could have avoided with a duit hydropower without undermining environ- 50 years ago. Its impact on our communities balanced budget amendment. mental safeguards. cannot be understated. I would again ask you f f to congratulate Oak Knoll Villa and the Retire- ment Housing Foundation on their 50 years of PROTECTING ACADEMIC FREEDOM HONORING THE LIFE OF fostering and ensuring that low-income fami- IN HIGHER EDUCATION ACT, H.R. CONGRESSMAN DONALD PAYNE lies and individuals. 2117 SPEECH OF f HON. BETTY McCOLLUM HON. DORIS O. MATSUI HONORING REGIS HIGH SCHOOL OF MINNESOTA OF CALIFORNIA REACH PROGRAM’S 10 YEAR AN- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES NIVERSARY Wednesday, March 7, 2012 Tuesday, March 6, 2012 HON. CAROLYN B. MALONEY Ms. MCCOLLUM. Mr. Speaker, I rise in sup- Ms. MATSUI. Madam Speaker, I rise today OF NEW YORK port of the amendment to H.R. 2117 proposed to remember Congressman DONALD PAYNE. IN THE HOUSE OF REPRESENTATIVES by the gentleman from Colorado. This amend- Today, we lost a dear colleague and friend ment would require the Secretary of Education in the House of Representatives, and the Wednesday, March 7, 2012 to present this body with a plan to prevent American people lost a dedicated leader. I am Mrs. MALONEY. Mr. Speaker, I rise today in waste, fraud, and abuse of Federal financial honored to have served with Congressman honor of the 10 year anniversary of the Re- aid dollars. PAYNE, and am deeply saddened by his pass- cruiting Excellence in Academics for Catholic I was regrettably detained and unavailable ing. High Schools, or the REACH program, an in- to vote on the following amendment to H.R. DONALD spent his life fighting for those less novative program devised and operated by 2117. fortunate, and was a committed advocate for Regis High School in my district for low in- Rep. Polis (CO) Amendment #5: Would re- education, civil rights, and social justice—both come middle school students to prepare them quire the Secretary to present a plan to pre- at home and abroad. He was a humanitarian for acceptance into the elite private, Catholic vent waste, fraud and abuse to ensure effec- in the truest sense of the word, and his pas- and public high schools in New York City. tive use of taxpayer dollars. Had I been sion was both inspiring and contagious. As the Regis High School was founded in 1914 as present to vote I would have voted ‘‘yes’’ on first, and only, African-American from New a 100 percent scholarship school and con- Amendment #5. Jersey elected to Congress, DONALD was a

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MR8.006 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E331 trailblazer. His achievements are a testament the United States Government response to a cident. After leaving Mobile, he was to have to the hard work, patience, and determination number of critical cyber incidents impacting been assigned to USGC Station Borinquen at that became the hallmark of DONALD PAYNE’S the public and private sectors as well as inter- San Juan, Puerto Rico. career in public service. national partners. LTJG Cameron was known to his family, As a senior member of the Education and Under Mr. Schaffer’s leadership and direc- classmates and friends as a passionate ath- Workforce Committee, DONALD was a steady tion, DHS also opened the new National Cy- lete. He was an accomplished soccer player, and effective representative for working men bersecurity and Communications Integration serving as captain of his high school and col- and women across America. His efforts on Center—a 24-hour, DHS-led coordinated lege teams. Off the field, his passion also ex- their behalf led to tangible gains in the areas watch and warning and mitigation center that tended to helping others. His father, John of worker health and safety. DONALD also lent enhanced capabilities to address threats and Cameron, told the newspaper that his son’s his voice in support of early education, work- incidents affecting the Nation’s critical informa- goal since 10th grade was to be involved in ing tirelessly to ensure that every American tion technology and cyber infrastructure. ‘‘lifesaving work.’’ child receives a first-class education, regard- This Center leverages the Einstein program, It is not surprising to learn that LTJG Cam- less of financial circumstance. a set of perimeter defenses around the ‘‘.gov’’ eron and his fellow crewmen of CG–6535 As a member of the Foreign Affairs Com- domain designed to detect, alert, and prevent each shared a love of service and a dedica- mittee, DONALD won the admiration and re- intrusions into and data loss from Federal tion to saving lives. The Coast Guard is a vital spect of his colleagues for his extensive and agency networks. Because of Mr. Schaffer’s protector for our nation’s coastal communities. unrivaled knowledge of international affairs, leadership, Einstein 2—which provides signa- We can never thank them enough for their especially concerning Africa. His humanitarian ture-based intrusion detection technology—is commitment to our country. efforts to secure international aid for popu- currently deployed and operational at 17 of 19 Mobile is a Coast Guard city and we suffer lations ravaged by war and disease are a trib- Federal agencies. the loss of LTJG Cameron as one of our own. ute to his compassion and unwavering resolve Mr. Schaffer also oversaw effective and di- We grieve with his family and we stand with to improve the lives of the downtrodden. verse incident response activities across his them and the entire United States Coast Madam Speaker, DONALD’s legacy and long cybersecurity and communications portfolio. In Guard family. list of accomplishments will continue to pro- FY 2011 alone, the United States Computer To quote the words of the Coast Guard vide a lasting example for my colleagues and Emergency Readiness Team responded to hymn, I going forward. My sincere condolences go more than 100,000 incident reports and re- Eternal Father, Lord of hosts, out to DONALD’s family, friends, staff, and con- leased more than 5,000 actionable cybersecu- Watch o’er the men who guard our coasts. stituents. He will be missed in this House. rity alerts and information products. The Na- Protect them from the raging seas And give them light and life and peace. f tional Coordinating Center for Telecommuni- cations and the National Communications Sys- Grant them from Thy great throne above RECOGNIZING GREGORY P. tem also led, in accordance with the National The shield and shelter of Thy love. SCHAFFER Response Framework’s Emergency Support On behalf of the people of Alabama and a Function #2, communications response activi- grateful nation, I offer condolences to LTJG HON. ROBERT B. ADERHOLT ties for the New England floods, Hurricane Cameron’s parents, John and Bette Cameron, OF ALABAMA Irene, the 2011 Japanese Tsunami, the 2010 as well as to his extended family and many IN THE HOUSE OF REPRESENTATIVES Haiti Earthquake, and other significant national friends. You are each in our thoughts and prayers. Wednesday, March 7, 2012 and international disasters. Furthermore, Mr. Schaffer led activities to f Mr. ADERHOLT. Mr. Speaker, I am honored expand information sharing with the private RECOGNIZING THE ACCOMPLISH- to recognize Gregory P. Schaffer for his distin- sector through the Cybersecurity Information MENTS OF LOIS WAGONER guished service to the Government of the Sharing and Collaboration Program. He also United States as the Assistant Secretary for supported development of tools to help private Cybersecurity and Communications, National sector companies assess and improve their HON. DAN BURTON Protection and Programs Directorate, Depart- own network security, such as the Cyber Se- OF INDIANA ment of Homeland Security, from May 2009 curity Evaluation Program, CSEP, and the IN THE HOUSE OF REPRESENTATIVES until March 2012. Cyber Security Evaluation Tool, CSET. Wednesday, March 7, 2012 Mr. Schaffer is a national leader in the area We are grateful for his service during a con- of cybersecurity and communications. His sequential period at the Department, and I Mr. BURTON of Indiana. Mr. Speaker, today unique perspective, dedication, and focus on look forward to his continuing contributions to I rise to acknowledge Lois Wagoner, a loving identifying solutions to complex problems en- the security of our great Nation. mother, dedicated civil servant, and a truly great Hoosier. This week, Lois is being hon- abled the Department of Homeland Security f and the Nation to take critical strides during ored for her 50 years of service to the Military his tenure. TRIBUTE TO LTJG THOMAS JOHN and Veterans Regional Office in Indianapolis. Mr. Schaffer brought to DHS a blend of CAMERON, USCG Lois began her career as a clerk in 1961 at technical knowledge, private sector under- Fort Sill, Oklahoma and worked at various standing, and Federal prosecution experience HON. JO BONNER military installations prior to coming to the VA that enriched its cybersecurity and commu- OF ALABAMA in 1971 as a program support clerk in the Fi- nications efforts. IN THE HOUSE OF REPRESENTATIVES nance Division of the Indianapolis Regional Mr. Schaffer’s leadership was essential in Office. In 1974, she was promoted to be a leading DHS efforts related to proposals for a Wednesday, March 7, 2012 Veterans Benefits Counselor and supervised Nationwide Public Safety Broadband Network. Mr. BONNER. Mr. Speaker, I rise to pay the regional office telephone unit. By 1990, With the passage of recent legislation, Mr. tribute to U.S. Coast Guard LTJG Thomas she had become the Congressional Liaison Schaffer’s concepts and structures have the John Cameron, age 24, of Portland, Oregon and has worked tirelessly with every Congres- potential to result in a paradigm shift in public and to honor his service to our country. sional office in Indiana to ensure the welfare safety communications. LTJG Cameron was one of four U.S. Coast of our returning heroes. During his tenure, DHS developed the Na- Guard crewmen aboard an MH–65C Dolphin During her 50 years of service, Lois has tional Cyber Incident Response Plan, NCIRP, helicopter when it crashed into Mobile Bay on earned the reputation of being one of the most the framework for incident response capabili- February 28, 2012, during an evening training loyal, kind, and honest advocates of our Vet- ties and coordination among Federal agen- mission. The accident claimed the lives of erans living in Indiana. She also has the great cies, state and local governments, the private each of the crew. distinction of being the mother of a Lieutenant sector and international partners during signifi- A 2009 graduate of the U.S. Coast Guard Colonel with the U.S. Army in Afghanistan, so cant cyber incidents. With the development of Academy, LTJG Cameron was stationed at while she has been serving at the VA, she did this plan, our Nation is postured to more effec- the Coast Guard’s Aviation Training Center in so with the rare empathy of someone keenly tively and comprehensively respond to the full Mobile, Alabama at the time of the accident. aware of not only the sacrifices of our brave range of cyber incidents. According to the Mobile Press-Register, service members defending freedom abroad, As Chair of the Unified Coordination Group LTJG Cameron was only two days from com- but the daily concerns of their family members established by the NCIRP, Mr. Schaffer led pleting flight certification at the time of the ac- here at home.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.015 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E332 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 The pride in service Lois has exhibited dur- viding availability, accessibility, and participa- In the spirit of National Breakfast Week, I ing her career is only eclipsed by her dedica- tion in the school breakfast program are some would encourage my colleagues—and in fact, tion to her family. Her other son lives close by of the best ways to support the health and all Americans—to participate in activities like and is a local meat cutter for Kroger. She has educational potential of children, particularly the Share Your Breakfast campaign to combat eight grandsons and one granddaughter and low-income children. child hunger. The Share Your Breakfast cam- one great granddaughter. Eating breakfast has been shown to im- paign—which brings together Action for It is with great honor that I extend hearty prove math, reading, and standardized test Healthy Kids, the Kellogg Company, and other congratulations to Lois for her tireless service. scores. Breakfast helps children pay attention, partners—is focused on ensuring more kids She will always have a special place in the perform problem-solving tasks, and improves have access to breakfast by increasing partici- hearts of all those who have had the oppor- memory. Children who eat school breakfast pation in school breakfast programs. This tunity to work with her over the years, most are likely to have fewer absences and inci- campaign is only in its second year, but has especially the countless veterans whose lives dents of tardiness than those who do not. By already offered assistance to nearly 100 she has touched. eating breakfast, students get more important schools in 26 states. Congratulations Lois. nutrients, vitamins and minerals such as cal- This year’s goal is to provide one million f cium, dietary fiber, and protein. These are just breakfasts to American school children who a few of the known benefits. might otherwise go without. Programs like CELEBRATING NATIONAL SCHOOL The School Breakfast Program can readily Share Your Breakfast are to be commended BREAKFAST WEEK be tailored to meet the needs of all different and help highlight the vital role that a nutri- age groups, school schedules and physical tious breakfast plays in promoting educational HON. GWEN MOORE environments. Schools use many creative success. OF WISCONSIN service options in addition to traditional break- Mr. Speaker, a growing number of Ameri- IN THE HOUSE OF REPRESENTATIVES fast service in the cafeteria, such as Breakfast cans are going hungry and federal safety-net in the Classroom, Grab ‘n’ Go Carts and Mid- nutrition programs, like the School Breakfast Wednesday, March 7, 2012 morning Nutrition Breaks. Program, are playing a crucial role in helping Ms. MOORE. Mr. Speaker, I am pleased to This year, the School Breakfast Week hardworking families, including their children, rise to join my colleagues in celebrating Na- theme is ‘‘School Breakfast—Go for the Gold,’’ stay nourished. tional School Breakfast Week 2012. highlighting how eating a balanced breakfast Let me conclude, Mr. Speaker, by saying I don’t have to tell anyone that 2011 was at school can help students shine. In FY 2011 that though our country is in the midst of a another year of difficult economic struggles for over 12 million children were able to get a nu- tough economic time, I hope there remains bi- American households. Too many families are tritious school meal because of this program. partisan support for this simple statement: no struggling to put food on the table. And when In my State of Wisconsin, school breakfast child in our community or across the country they do, kids suffer the most. participation rates have increased from should ever go through the school day hungry. According to the U.S. Department of Agri- 135,000 in FY 2009 to 166,000 in FY 2011, The School Breakfast Program is critical to culture, in 2010, 48.8 million Americans lived the vast majority receiving free or reduced making that a reality. in households that had difficulty putting food price nutritious breakfast to jump start their I am pleased to join my colleagues in high- on the table. That figure includes as many as school day. However, participation in the lighting the value and success of this program 16 million children living in a home where food breakfast comparison lags compared to the and those who work every day to make sure is not always available. Even worse, in over approximately 32 million who participate in the that our future leaders, our future engineers, 380,000 households, one or more children did National School Lunch Program. and scientists, and politicians or whatever else not get enough to eat—they had to cut the Most school breakfast program students boys and girls across our Nation want to be, size of their meals, skip meals, or even go lived in impoverished families and received won’t be stopped because of a growling stom- whole days without food at some time during free or reduced price meals. For the 2009– ach and nagging hunger. the year. 2010 school year, to receive a free breakfast, f When asked by the Gallup organization in a the student needed to reside in a household PROCLAIMING THE HOUSE OF REP- recent food hardship survey, ‘‘Have there earning $23,803 or less for a family of three RESENTATIVES’ RECOGNITION been times in the last twelve months when (130 percent of the federal poverty level). For OF THE 100TH ANNIVERSARY OF you did not have enough money to buy food reduced price, the threshold was $33,874 (185 PATRICIA NIXON’S BIRTH IN that you or your family needed?’’ more people percent of the federal poverty level.) ELY, NEVADA ON MARCH 16, 2012 answered ‘‘Yes’’ in the last six months of 2011 Efforts to make this program work better than in any period since the fourth quarter of continue and they should. Last month, the Ad- 2008. ministration released new child nutrition HON. MARK E. AMODEI In broad swaths of the country, more than rules—as required by Congress in the OF NEVADA one in six households answered the Gallup Healthy, Hunger Free Kids Act of 2010—that IN THE HOUSE OF REPRESENTATIVES question ‘‘Yes.’’ In fact, at least one in six said seek to make the same kind of changes many Wednesday, March 7, 2012 ‘‘Yes’’ in more than half of all Congressional parents are already trying to teach their chil- Mr. AMODEI. Mr. Speaker, I rise today to districts (269 of 436 congressional districts.) In dren at home. The new rule updates school recognize the 100th anniversary of the birth of my district, according to the survey, the food meal standards to increase fruits, vegetables, Thelma Catherine ‘‘Pat’’ Ryan Nixon in Ely, hardship rate is 23 percent, almost one in four whole grain, and low-fat dairy while reducing Nevada. households. That is heartbreaking and even fats, sodium and sugars. This is a long over- Pat was born the youngest of four children more so when you think that nearly 80 of my due step that will get healthier foods on school on March 16th, 1912, in the small mining town colleagues represent districts with even higher plates each day. USDA built the new rule of Ely, Nevada to William M. Ryan, Sr., a sail- rates. around recommendations from an Institute of or, gold miner, and truck farmer of Irish de- Thirty-seven million people—one in eight Medicine expert panel, updated with key scent and Katherine Halberstadt, a German Americans—receive emergency food assist- changes from the 2010 Dietary Guidelines. immigrant. Thelma Catherine Ryan was nick- ance each year through the Nation’s food Getting the science right is critical to better nu- named ‘‘Pat’’ because of her Irish heritage. In banks, a 46 percent increase in clients served trition and health for our children. fact, the family always celebrated her birthday from 2006. Additionally, the President’s FY 2013 budget on the Irish holiday of St. Patrick’s Day, March As a result, public efforts to help meet this request includes $35 million for school meal 17th. basic need are even more important. As the equipment grants to help school districts pur- Pat and her family moved to a small town recession’s grip takes firm hold, for millions of chase the equipment needed to serve near Los Angeles when she was just a year vulnerable children around our Nation, feder- healthier meals, and improved food safety. old. She grew up with typical Western self-suf- ally-supported school breakfast programs con- These equipment grants would support the es- ficiency. It has often been said that the mining tinue to be a lifeline. tablishment or expansion of the School Break- community in Ely and her family’s own The School Breakfast program began in fast Program. Lack of adequate kitchen equip- straightened circumstances helped mold her 1966 as a two-year pilot program. It has be- ment has been cited as a reason why schools into the strong person that she became. come a valuable program that makes a dif- are not able to initiate or expand their break- Upon enrolling in college in 1931, she unof- ference every day in the lives of millions of fast programs. Congress needs to support ficially dropped her given name Thelma, re- children. I can tell you, Mr. Speaker, that pro- such initiatives. placing it with Pat and occasionally rendering

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.017 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E333 it as Patricia. On June 21, 1940, Pat married ’Oh, but To Be One of America’s Finest . . . TRIBUTE TO SAN ANTONIO ART Richard Milhouse Nixon at Mission Inn, River- but, Her Very Best! LEAGUE AND MUSEUM side, California. The two met while they were A Uh . . . Raaaa Jar Head . . . As a United performing in a theater production of ‘‘The States Marine, no less... As is so written upon your soul, as was HON. CHARLES A. GONZALEZ Dark Tower.’’ During World War II, she worked etched... OF TEXAS as a government economist while Richard To go off to war, to our nation’s freedom’s to IN THE HOUSE OF REPRESENTATIVES served in the Navy. She campaigned tirelessly insure... Wednesday, March 7, 2012 alongside her husband as he ran for Con- And to so face death no less! gress, the Senate, and, later, the Vice Presi- How can one ask for more? Mr. GONZALEZ. Mr. Speaker, I ask my col- dency. As our nation Mark, you and your family leagues to join me in recognizing the San An- On January 20th, 1969, Richard Milhouse have so blessed! tonio Art League and Museum in celebration Nixon was sworn in as the 37th President of Than, to lose half of you . . . your best... of their 100th anniversary. the United States. Pat became First Lady, the And yet somehow you would so cheat The San Antonio Art League and Museum first, and so far only, woman from Nevada to death... is the oldest arts organization in the city of serve in that role. No, you are not half the man you used to be, San Antonio, Bexar County, and surrounding While in the White House, Pat publicly ad- for you sum has grown far much greater . . . counties in the State of Texas. The museum see! vocated for women to become more involved was founded by Mrs. Henry Drought, who As when courage comes to crest, to so teach served as president of the organization for 25- in the political process. She also used her po- us all the more! sition as First Lady to encourage volunteer To so reach deep down inside your heart of years. Mrs. Henry Drought’s mission was to service, opened the White House to more visi- courage . . . Amor! foster knowledge of and interest in art in this tors, and added 600 paintings and antiques to As my son Mark, our world you have so area of Texas by means of exhibitions, lec- the White House collection. She also traveled blessed! tures, and classes. Additionally she firmly be- extensively, earning the unique diplomatic As you’ve come back from such heartache, lieved in the encouragement of local artists in standing of ‘‘Personal Representative of the and such sure death! order to create and provide an avenue to dis- President.’’ Is that not what heaven is so for? play and promote the museum’s mission. As a Patricia Nixon passed away on June 22, As somehow, your fine soul will not give up result, the San Antonio Art League and Mu- or in... seum has acquired and preserved more than 1993, and is buried at the Richard Nixon Birth- All in its most courageous quest, place and Museum in Yorba Linda, California. as we so see where its take you, from where 400 pieces of art from all across Texas. The March 16, 2012, marks the 100th anniver- you have been! museum continues to promote artists from sary of Patricia Nixon’s birth in Ely, Nevada. I To but rebuild again, when This Pride of Bexar County and the surrounding areas ask my colleagues to join me in celebrating Pennsylvania... through its many activities, including promoting and recognizing the varied, significant con- Had almost nothing left... talented young art students at a collegiate art tributions that Pat Nixon made throughout her As Mark, you bring The Angels up in heaven exhibition. life, particularly as the First Lady of the United to tears at your behest! Art has always stood as an essential form of States. And all in our Lord’s heart Mark, you are expression, communication, and cultural ap- now so caressed! f preciation, and it has been extremely impor- And if ever I have a son, tant to the cultural development of our com- IN RECOGNIITON OF LANCE COR- I wish he could be like you this one... All because of what is now so etched upon munity. I would again ask you to congratulate PORAL MARK FIDLER AND FAM- the San Antonio Art League and Museum for ILY your soul! As your great faith and courage and enriching the community of San Antonio for strength, is but something to behold! the past 100 years. HON. TIM HOLDEN As now so etched! f OF PENNSYLVANIA For Heaven so awaits all of those who give IN THE HOUSE OF REPRESENTATIVES their very best! TRIBUTE TO PETTY OFFICER 3RD CLASS ANDREW KNIGHT, USCG Wednesday, March 7, 2012 Who so freely are so ready to give up their fine lives, all in freedom’s quest! Mr. HOLDEN. Mr. Speaker, I rise today to Who all upon their souls such magnificence HON. JO BONNER honor a real American hero, United States is so etched! OF ALABAMA Marine Mark Fidler, who hails from my con- So etched with such Strength In Honor, and IN THE HOUSE OF REPRESENTATIVES gressional district in Berks County, Pennsyl- Faith so no less... vania. On October 3, 2011, while on foot pa- All in your shades of green, Mark you are Wednesday, March 7, 2012 trol in Afghanistan, an IED exploded next to one hell of a United States Marine! Mr. BONNER. Mr. Speaker, I rise to pay Lance Corporal Fidler, nearly killing him. He Who our nation has so blessed! tribute to U.S. Coast Guard Petty Officer 3rd Yes, arms and legs we all need . . . But we lost both legs above the knee and suffered ex- can get by... Class Andrew Knight, age 26, of Thomasville, tensive internal injuries. He survived, largely But, without a heart and soul like yours Alabama and to honor his devoted service to due to his brothers in arms and a British air Mark, we will surely die... our country. unit that got him to the Bastion mash unit in And Mark its up In Heaven, where you need Petty Officer Knight, known by his family record time. His parents, Stacy and Kermit not even eyes... and friends as ‘‘Drew’’, was one of four U.S. Fidler, have put their lives on hold to be by his And that’s where your going one day Mark, Coast Guard crewmen aboard a MH–65C Dol- side night and day. Families are the quiet he- when you rise! phin helicopter when it crashed into Mobile roes who make such a huge difference in the With but tears in your eyes... Bay on February 28, 2012, during an evening recoveries of our soldiers. I ask that this And in the coming years, it all seems so very training mission. The accident claimed the clear... lives of each of the crew. poem, written by Albert Caswell in honor of That, you have so much more to etch . . . All those loving parents, be placed in the CON- with you fine heart as left! A native of Southwest Alabama, Petty Offi- GRESSIONAL RECORD. Moments, are all that we so have! cer Knight was stationed at the Aviation Train- WRITTEN ON YOUR SOUL Minutes, only to hearts so grab! ing Center in Mobile, Alabama where he All that we so have... To this our world to so bless! served as a flight mechanic. All that we so hold... As all written upon our souls as etched! Petty Officer Knight and his fellow crewmen All that we so are... What, have we so written . . . As we grow of CG–6535 each shared a love of service Of which so means the most... old? and a dedication to saving lives. The Coast Is but so written, all on our souls... What, have we done that which is so worthy Guard is a vital protector for our nation’s As is yours Mark, something special to be- to behold? coastal communities. We can never thank hold! What, have we so given . . . That which is far them enough for their commitment to our much more precious than mere gold? But, so lies something far much more pre- country. cious than mere gold... That now so lies, all etched upon our souls! As is so etched upon your heart be told... As have you Mark, so bestowed! I recently visited with Drew’s parents to per- As lies something far much more greater UH . . . RRRRAH, Jar Head... sonally extend my deep sympathy for their tre- than you could ever know... All in what your fine life has said, and so mendous loss. As I conveyed to them, grow- Setting you apart from all the rest, all in continues to so grow! ing up in Camden, which is not far from Thom- what your fine heart so holds... All so written, so on your soul! asville, I know the Drew Knights of the world

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.019 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E334 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 are the ones that stand out in any setting— Leslie Lopez is a junior at Pasadena Memo- of thousands of people throughout the city of church, school, community, and country. rial High School in Harris County, Texas. Her Detroit, and, indeed, across our Nation and South Alabama suffers the loss of Petty Of- essay topic is: Select an important event that this globe. ficer Drew Knight, a native son who loved his has occurred in the past 50 years and explain In 1993, when he became President of the country and helping others. We grieve with his how that event has changed our country. Les- Detroit Branch of the NAACP, Reverend An- family and we stand with them and the entire lie chose September 11th, 2001. thony ushered in a new era of activism and United States Coast Guard family. September eleventh is a day that will be strength for the largest NAACP chapter in the To quote the words of the Coast Guard remembered for ages to come by citizens in county. That year, he led a quarter-million hymn, our nation. The long-lived memorable event people through the streets of Detroit to com- Eternal Father, Lord of hosts, marked not only the lives of the people, but memorate the 30-year anniversary of the his- Watch o’er the men who guard our coasts. our entire country as a whole. The attacks of toric 1963 Detroit March by Dr. Martin Luther Protect them from the raging seas that date affected the nation’s economy, King, Jr. that took place before King’s iconic And give them light and life and peace. took our peace of mind, and caused us to en- March on Washington. Reverend Anthony has force anti-terrorism policies that till this Grant them from Thy great throne above worked tirelessly to build connections between The shield and shelter of Thy love. day have not changed. The attacks had a significant economic his congregants and the international commu- On behalf of the people of Alabama and a impact on the United States and world mar- nity, particularly Africa. In addition to estab- grateful nation, I offer condolences to Petty kets. The stock exchange remained closed lishing a medical clinic in Ghana, Reverend Officer Knight’s mother and father, Ken and for several days in the aftermath; the Dow Anthony organized a relief effort raising nearly Becky Knight, his brother, Todd, as well as his Jones Industrial Average fell significantly; $1 million for food, medicine, clothing and extended family and many friends. You are in only three months after the occurrence, transportation to aid hundreds of thousands of each in our thoughts and prayers. nearly 430,000 jobs were lost as well as mil- refugees in both Rwanda and Zaire in 1994. In lions of dollars in wages. The small busi- f nesses in Lower Manhattan were affected as 2000, he organized a similar relief effort for flood victims in Mozambique, Zimbabwe and 50TH ANNIVERSARY OF MICA well. A staggering 18,000 of those were de- South Africa. CORPORATION stroyed or replaced, resulting in a loss of jobs and wages. The events of September Reverend Anthony’s work at home has been eleventh most definitely left its mark on the equally impressive and passionate, working on HON. KAY GRANGER nation’s economy. wide ranging issues of social and economic OF TEXAS The tragedy also affected the country’s justice like insurance rates in Detroit, minority IN THE HOUSE OF REPRESENTATIVES peace of mind. People felt as if not even business contracting, and fairness in banking. homes or schools were then longer safe. Re- As the former co-chair of the Detroit Fair Wednesday, March 7, 2012 calling back to that date, I was only a child Banking Alliance, Reverend Anthony helped to Ms. GRANGER. Mr. Speaker, I rise today to and could not understand why every adult parent and teacher seemed paranoid at what negotiate over $7.2 billion in new lending from acknowledge and honor the 50th anniversary local banking institutions for the purpose of of MICA Corporation—a family-owned com- was happening in New York. What seemed like weeks after went by and the occurrence economic development in our region. pany based in Fort Worth, Texas. Back in was still fresh on everyone’s minds. Till this As founder of the Fannie Lou Hamer Polit- 1962, two ambitious men named Mickey Stew- day, citizens have not completely reinstated ical Action Committee, Reverend Anthony cre- art and Cayce Tubb had a vision for their fu- that peace of mind they once had, and it will ated an institution that provides a strong, orga- tures and a plan for success. Together, they continue to be this way for years to come. nized and progressive voice in the political established the MICA Corporation to perform With the 9–11 attacks came new anti-ter- process, holding public officials accountable to highway guard-rail contract work. Over the rorism policies which did not exist prior to the date. The Department of Homeland Secu- work in the best interests of the African Amer- years, MICA Corporation has remained on the ican community. As chairman and founder of cutting edge of Texas highway construction rity, for example, was created a couple of years after the occurrence to protect the the Freedom Institute for Economic, Social and become a well-known and highly re- states against terrorism activity. The at- Justice and Empowerment, Reverend Anthony spected state-wide company. L.C. Tubb, son tacks also indirectly caused the War in Af- hosts the largest sit-down dinner in the world of co-founder Cayce Tubb and the current ghanistan as an effort to dismantle the al- each year for leaders, activists and lay people owner of MICA Corporation, has flown all of Qaeda terrorist organization, which was also from across the spectrum of society from edu- his employees to Washington, DC to celebrate set into motion only a month after the at- cation, to the law, to politics, to labor and be- tacks on the World Trade Center. the 50th anniversary of this great company. I yond. am very proud of what this company has ac- The changes that the 9–11 attacks caused brought drastic changes to the United States My colleagues, I could speak for a very long complished over the years and pleased that it and the grand scheme of things, the econ- time about the good Reverend’s work over the calls Fort Worth home. Today, I want to wel- omy, our peace of mind, and the anti-ter- last quarter century with each accolade more come L.C. and the many dedicated employees rorism policies that were adopted were only impressive that the last, but I shall conclude of MICA Corporation to Washington, DC. I a small portion of all that the attacks af- my remarks by wishing my friend, Reverend want to congratulate everyone at MICA Cor- fected. Anthony, well and Godspeed for another quar- poration on achieving this milestone, and wish f ter century, and beyond, of work in service to them many, many more years of success. IN CELEBRATION OF REVEREND Christ and the community of mankind. f DR. WENDELL ANTHONY’S 25TH f ESSAY BY LESLIE LOPEZ PASTORAL ANNIVERSARY ESSAY BY ALLISON MOCK HON. PETE OLSON HON. GARY C. PETERS HON. PETE OLSON OF TEXAS OF MICHIGAN OF TEXAS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, March 7, 2012 Wednesday, March 7, 2012 Wednesday, March 7, 2012 Mr. OLSON. Mr. Speaker, I am privileged to Mr. PETERS. Mr. Speaker, I rise and I ask Mr. OLSON. Mr. Speaker, I am privileged to interact with some of the brightest students in my colleagues to join me today to salute Rev- interact with some of the brightest students in the 22nd Congressional District who serve on erend Dr. Wendell Anthony on the occasion of the 22nd Congressional District who serve on my Congressional Youth Advisory Council. I his 25th Anniversary as Pastor of Fellowship my Congressional Youth Advisory Council. I have gained much by listening to the high Chapel in Detroit, Michigan. have gained much by listening to the high school students who are the future of this In 1987, Reverend Dr. Wendell Anthony school students who are the future of this great Nation. They provide important insight was installed as senior pastor at Fellowship great Nation. They provide important insight into the concerns of our younger constituents Chapel. From that platform, he has been an into the concerns of our younger constituents and hopefully get a better sense of the impor- unwavering voice for those without, guiding and hopefully get a better sense of the impor- tance of being an active participant in the po- thousands in faith. He has educated and tance of being an active participant in the po- litical process. Many of the students have writ- moved many more thousands in civil rights, litical process. Many of the students have writ- ten short essays on a variety of topics and I economics, and politics toward the pursuit of ten short essays on a variety of topics and I am pleased to share these with my House col- justice and righteousness. Through his work, am pleased to share these with my House col- leagues. he has had an impact on the lives of hundreds leagues.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MR8.008 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E335 Allison Mock is a senior at Kempner High diately effective. While we have more social the 22nd Congressional District who serve on School in Fort Bend County, Texas. Her essay media now, allowing the message to further my Congressional Youth Advisory Council. I topic is: Why is it important to participate in penetrate, what we really need is persever- have gained much by listening to the high ance from our leaders. We must continue to the political process? school students who are the future of this try and reach this crucial age group, because George Bernard Shaw once said, ‘‘Democ- they too deserve a chance to reshape the re- great Nation. They provide important insight racy is a device that ensures we shall be gov- public and make this country even greater. into the concerns of our younger constituents erned no better than we deserve;’’ this is es- and hopefully get a better sense of the impor- f pecially true in our nation today. America tance of being an active participant in the po- has become apathetic. We no longer look for litical process. Many of the students have writ- ways to actively participate in our own gov- HONORING NAZARETH COLLEGE ernment. Voting in minor elections, writing ON ITS DESIGNATION AS MILI- ten short essays on a variety of topics and I letters to congressmen, and attending city TARY FRIENDLY am pleased to share these with my House col- council meetings to stay updated have be- leagues. come things of the past. In essence, we have HON. TOM REED Bailey Arlinghaus is a senior at Clements forgotten how to be involved in the political OF NEW YORK High School in Fort Bend County, Texas. Her process. This is a natural feature of our essay topic is: In your opinion, what role IN THE HOUSE OF REPRESENTATIVES country’s aging. The majority of the popu- should government play in our lives? lation does not remember that voting is a Wednesday, March 7, 2012 privilege, not a guarantee. We dismiss that Government is crucial in our lives. With- there ever was a time when having your Mr. REED. Mr. Speaker, I rise today to rec- out government, we would all be barbarically voice heard was almost impossible and advo- ognize Nazareth College, which I am proud to fighting for the limited amount of resources cating controversial opinions dangerous. The represent as part of the 29th District of the we have available. Government helps our so- Founders of our nation and millions of sol- great state of New York. Nazareth College ciety function the way it is, but just like diers died so we would never again see such anything else, too much of a good thing can was recently recognized by the Military Ad- be bad. Therefore, government intervention a time, their sacrifices should never be taken vanced Education Journal as military friendly, lightly. Those heroes dreamed of a country should be limited on our lives. Too much where the people determined what the future following a concerted effort to help veteran government control can lead to dictatorships would look like, and now we are here. How- students transition to academia. or the government playing a ‘‘Big Brother’’ ever, the hard work is far from over. While Beginning with the hiring of Jeremy Bagley kind of role. This ‘‘Big Brother’’ type of rule the Constitution provides the foundation to as coordinator of veteran student enrollment, would be bad in the long run because the build our government upon, the most impor- Nazareth College has worked to provide more people would lose faith in the government, so tant work is done by the people we elect. Our services and offerings to its veteran students. the citizens would try to find any way they can to overthrow the government. Govern- republic should be reinvented with each new By working with the Rochester Veterans Out- ment’s role should be to help society but generation. This makes it even more impor- reach Center, Nazareth College has provided tant for the majority to participate in the within its boundaries set by society. Cross- access to creative arts therapy and therapists political process. Our system is currently ing these boundaries can lead to too much lacking people to balance out the radical ac- and developed a program to train faculty and government intervention in our society. I tivists and conversely, push forward those staff to help respond to veterans’ needs. think the boundary that the government who have stagnated in their policy. The re- When the Veterans Outreach Center was should never cross would be the boundary of cent retirement of leaders like Senator forced to lay off employees due to financial the government tracking your every move Stowe is compelling evidence that even lead- pressures, Nazareth College provided over- and everything you do. The government’s ers are frustrated by the polarization of the sight of its on-site clinical staff to help offset main role should be to lay down the expecta- politically active members of society. We tions, make laws that people should follow, the impact of cuts to vital programs. Nazareth help society when needed, but don’t interfere need everyone to participate to fully deserve College continues to offer internships pairing a good government. in society so much that it makes the people An ideal spot to start these changes would veterans with veteran mentors as part of a dependent on the government to run effec- be in high schools. Although Government broad strategy to help veteran students better tively. The government’s role is important classes lightly touch on the importance of handle the transition from military service to to how this society functions. Therefore, the voting, most kids have no idea how crucial it academia. government needs to let society work in a is. A self-fulfilling prophecy occurs in their In recognition of this concerted effort by way so that it isn’t making the society com- political lives; society does not expect them Nazareth College and in light of the rigorous pletely dependent on them. Every individual to care until they are older, and as a result, should be able to speak their mind, without criteria used by the Military Advanced Edu- control, to promote new ideas that better so- they don’t think they need to. However, if cation Journal in awarding this distinction, I the curriculum included more of an emphasis ciety. That can only happen with a limited on not only the importance of voting, but a am pleased to recognize Nazareth College for government role, to make society work on detailed explanation of what each party their designation as military friendly. its own. The government should do nothing stands for and how to discern for themselves f except give a little push to society every now how they would like to vote, students would and then to keep it running. With this, the respond. Lists of election dates could be dis- ESSAY BY BAILEY ARLINGHAUS government isn’t running our everyday lives tributed to students and posted online. By but just helping us to be able to run it our- involving social media we could reach even selves. We should all follow the government’s more of this demographic. Twitter, HON. PETE OLSON laws but, at the same time, be able to have Facebook, my space could all have reminders OF TEXAS a mind of our own. To conclude, the govern- to vote, information about candidates and IN THE HOUSE OF REPRESENTATIVES ment shouldn’t play a huge role in our every day lives, rather a limited one, so we can be their issues, and ways to get involved in the Wednesday, March 7, 2012 community it would be difficult. A similar more effective on our own and be able to campaign was tried in the early 2000s, but Mr. OLSON. Mr. Speaker, I am privileged to think for ourselves. was abandoned when it did not prove imme- interact with some of the brightest students in

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.024 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS E336 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2012 SENATE COMMITTEE MEETINGS Environment and Public Works on Veterans’ Affairs progress on its Water and Wildlife Subcommittee five year plan. Title IV of Senate Resolution 4, To hold hearings to examine S. 810, to SR–418 agreed to by the Senate on February 4, prohibit the conducting of invasive re- 10:30 a.m. 1977, calls for establishment of a sys- search on great apes, S. 1249, to amend Appropriations tem for a computerized schedule of all the Pittman-Robertson Wildlife Res- Department of Defense Subcommittee meetings and hearings of Senate com- toration Act to facilitate the establish- To hold hearings to examine proposed mittees, subcommittees, joint commit- ment of additional or expanded public budget estimates for fiscal year 2013 for target ranges in certain States, S. 2071, the Department of the Air Force. tees, and committees of conference. to grant the Secretary of the Interior SD–192 This title requires all such committees permanent authority to authorize Appropriations to notify the Office of the Senate Daily States to issue electronic duck stamps, Departments of Labor, Health and Human Digest—designated by the Rules Com- S. 357, to authorize the Secretary of the Services, and Education, and Related mittee—of the time, place, and purpose Interior to identify and declare wildlife Agencies Subcommittee of the meetings, when scheduled, and disease emergencies and to coordinate To hold hearings to examine proposed any cancellations or changes in the rapid response to those emergencies, S. budget estimates for fiscal year 2013 for 1494, to reauthorize and amend the Na- the Department of Labor. meetings as they occur. tional Fish and Wildlife Foundation SD–138 As an additional procedure along Establishment Act, S. 1266, to direct 2 p.m. with the computerization of this infor- the Secretary of the Interior to estab- Armed Services mation, the Office of the Senate Daily lish a program to build on and help co- Personnel Subcommittee Digest will prepare this information for ordinate funding for the restoration To hold hearings to examine the Active, printing in the Extensions of Remarks and protection efforts of the 4-State Guard, Reserve, and civilian personnel Delaware River Basin region, and S. programs in review of the Defense Au- section of the CONGRESSIONAL RECORD 2156, to amend the Migratory Bird thorization request for fiscal year 2013 on Monday and Wednesday of each Hunting and Conservation Stamp Act and the Future Years Defense Pro- week. to permit the Secretary of the Interior, gram. Meetings scheduled for Thursday, in consultation with the Migratory SR–232A March 8, 2012 may be found in the Daily Bird Conservation Commission, to set 2:30 p.m. prices for Federal Migratory Bird Energy and Natural Resources Digest of today’s RECORD. Hunting and Conservation Stamps and To hold hearings to examine the nomina- make limited waivers of stamp require- tions of Adam E. Sieminski, of Penn- MEETINGS SCHEDULED ments for certain users. sylvania, to be Administrator of the MARCH 13 SD–406 Energy Information Administration, Intelligence Department of Energy, Marcilynn A. 9:30 a.m. To hold closed hearings to examine cer- Burke, of North Carolina, to be an As- Armed Services tain intelligence matters. sistant Secretary of the Interior, and To hold hearings to examine U.S. South- SH–219 Anthony T. Clark, of North Dakota, ern Command and U.S. Northern Com- 3 p.m. and John Robert Norris, of Iowa, both mand in review of the Defense Author- Appropriations to be a Member of the Federal Energy ization request for fiscal year 2013 and Military Construction and Veterans Af- Regulatory Commission. the Future Years Defense Program; fairs, and Related Agencies Sub- SD–366 with the possibility of a closed session committee Banking, Housing, and Urban Affairs in SVC–217 following the open session. To hold hearings to examine proposed Financial Institutions and Consumer Pro- SD–G50 military construction budget estimates tection Subcommittee 10 a.m. for fiscal year 2013 for the Department To hold hearings to examine issues in the Energy and Natural Resources of Defense and the Department of the prepaid card market. To hold hearings to examine the report Navy. SD–538 of the Independent Consultant’s Re- SD–124 Foreign Relations view with Respect to the Department To hold hearings to examine the nomina- of Energy Loan and Loan Guarantee MARCH 14 tions of Pamela A. White, of Maine, to Portfolio. 9:30 a.m. be Ambassador to the Republic of SD–366 Appropriations Haiti, Linda Thomas-Greenfield, of Foreign Relations Department of the Interior, Environment, Louisiana, to be Director General of To hold hearings to examine the nomina- and Related Agencies Subcommittee the Foreign Service, and Gina K. Aber- tions of Frederick D. Barton, of Maine, To hold an oversight hearing to examine crombie-Winstanley, of Ohio, to be Am- to be an Assistant Secretary of State Federal onshore and offshore energy bassador to the Republic of Malta, all (Conflict and Stabilization Operations), development programs in the Depart- of the Department of State. and to be Coordinator for Reconstruc- ment of the Interior. SD–419 tion and Stabilization, and William E. SD–124 Homeland Security and Governmental Af- Todd, of Virginia, to be Ambassador to 10 a.m. fairs the Kingdom of Cambodia, both of the Agriculture, Nutrition, and Forestry Oversight of Government Management, the Department of State, and Sara To hold hearings to examine risk man- Federal Workforce, and the District of Margalit Aviel, of California, to be agement and commodities in the 2012 Columbia Subcommittee United States Alternate Executive Di- farm bill. To hold hearings to examine managing rector of the International Bank for SH–216 interagency nuclear nonproliferation Reconstruction and Development. Foreign Relations efforts, focusing on if nuclear materials SD–419 To hold hearings to examine Sudan and around the world are effectively se- 10:30 a.m. South Sudan, focusing on independence cured. Judiciary and insecurity. SD–342 To hold hearings to examine the Free- SD–419 Armed Services dom of Information Act, focusing on Homeland Security and Governmental Af- Strategic Forces Subcommittee safeguarding critical infrastructure in- fairs To hold hearings to examine strategic formation and the public’s right to To hold hearings to examine Congress, forces programs of the National Nu- know. focusing on reform proposals for the clear Security Administration and the SD–226 21st century. Department of Energy’s Office of Envi- 2:30 p.m. SD–342 ronmental Management in review of Foreign Relations Appropriations the Department of Energy budget re- To hold hearings to examine the nomina- State, Foreign Operations, and Related quest for fiscal year 2013; with the pos- tions of Carlos Pascual, of the District Programs Subcommittee sibility of a closed session in SVC–217 of Columbia, to be Assistant Secretary To hold hearings to examine proposed following the open session. for Energy Resources, John Chris- budget estimates for fiscal year 2013 for SR–222 topher Stevens, of California, to be the United States Agency for Inter- 2:45 p.m. Ambassador to Libya, and Jacob national Development. Judiciary Walles, of Delaware, to be Ambassador SD–226 To hold hearings to examine the nomina- to the Tunisian Republic, all of the De- Veterans’ Affairs tions of William J. Kayatta, Jr., of partment of State. To hold hearings to examine ending Maine, to be United States Circuit SD–419 homelessness among veterans, focusing Judge for the First Circuit, John

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M07MR8.000 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS March 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E337 Thomas Fowlkes, Jr., to be United tary Order of the Purple Heart, Iraq S. 1906, to modify the Forest Service States District Judge for the Western and Afghanistan Veterans of America Recreation Residence Program as the District of Tennessee, Kevin McNulty, (IAVA), Non Commissioned Officers As- program applies to units of the Na- and Michael A. Shipp, both to be a sociation, American Ex-Prisoners of tional Forest System derived from the United States District Judge for the War, Vietnam Veterans of America, public domain by implementing a sim- District of New Jersey, and Stephanie Wounded Warrior Project, National As- ple, equitable, and predictable proce- Marie Rose, to be United States Dis- sociation of State Directors of Vet- dure for determining cabin user fees, S. trict Judge for the Southern District of erans Affairs, and The Retired Enlisted 2001, to expand the Wild Rogue Wilder- Iowa. Association. ness Area in the State of Oregon, to SD–226 SD–G50 make additional wild and scenic river 2 p.m. designations in the Rogue River area, MARCH 15 Judiciary to provide additional protections for Antitrust, Competition Policy and Con- 9:30 a.m. Rogue River tributaries, S. 2015, to re- sumer Rights Subcommittee Armed Services quire the Secretary of the Interior to To hold hearings to examine Verizon and To hold hearings to examine the Depart- convey certain Federal land to the cable deals. ment of the Navy in review of the De- Powell Recreation District in the State SD–226 fense Authorization request for fiscal of Wyoming, and S. 2056, to authorize year 2013 and the Future Years Defense the Secretary of the Interior to convey MARCH 22 Program; with the possibility of a certain interests in Federal land ac- closed session in SVC–217 following the 10 a.m. quired for the Scofield Project in Car- open session. Veterans’ Affairs bon County, Utah. SD–G50 To hold joint hearings to examine the SD–366 2:15 p.m. legislative presentations of the Para- Indian Affairs lyzed Veterans of America, Air Force MARCH 27 To hold an oversight hearing to examine Sergeants Association, Blinded Vet- 2:30 p.m. Indian water rights, focusing on pro- erans Association, American Veterans Armed Services moting the negotiation and implemen- (AMVETS), Gold Star Wives, Fleet Re- Airland Subcommittee tation of water settlements in Indian serve Association, Military Officers As- To hold a hearing to examine Army mod- country. sociation of America, and the Jewish ernization in review of the Defense Au- SD–628 War Veterans. thorization request for fiscal year 2013 345, Cannon Building 2:30 p.m. and the Future Years Defense Pro- 2:30 p.m. Appropriations gram. Energy and Natural Resources Legislative Branch Subcommittee SR–222 Public Lands and Forests Subcommittee To hold hearings to examine proposed To hold hearings to examine S. 303, to budget estimates for fiscal year 2013 for MARCH 28 amend the Omnibus Budget Reconcili- the Government Accountability Office, ation Act of 1993 to require the Bureau 9:30 a.m. Government Printing Office, and the of Land Management to provide a Armed Services Congressional Budget Office. claimant of a small miner waiver from SeaPower Subcommittee SD–138 claim maintenance fees with a period To receive a closed briefing on the Ohio- Banking, Housing, and Urban Affairs of 60 days after written receipt of 1 or class Replacement Program in review Securities, Insurance and Investment Sub- more defects is provided to the claim- of the Defense Authorization request committee ant by registered mail to cure the 1 or for fiscal year 2013 and the Future Housing, Transportation and Community more defects or pay the claim mainte- Years Defense Program. Development Subcommittee nance fee, S. 1129, to amend the Federal SVC–217 To hold joint hearings to examine Land Policy and Management Act of 10 a.m. strengthening the housing market and 1976 to improve the management of Veterans’ Affairs minimizing losses to taxpayers. grazing leases and permits, S. 1473, to To hold hearings to examine the nomina- SD–538 amend Public Law 99–548 to provide for tions of Margaret Bartley, of Mary- the implementation of the multispecies land, and Coral Wong Pietsch, of Ha- MARCH 20 habitat conservation plan for the Vir- waii, both to be a Judge of the United 9:30 a.m. gin River, Nevada, and to extend the States Court of Appeals for Veterans Armed Services authority to purchase certain parcels Claims. To hold hearings to examine the Depart- of public land, S. 1492, to provide for SR–418 ment of the Air Force in review of the the conveyance of certain Federal land 2 p.m. Defense Authorization request for fis- in Clark County, Nevada, for the envi- Armed Services cal year 2013 and the Future Years De- ronmental remediation and reclama- Personnel Subcommittee fense Program; with the possibility of a tion of the Three Kids Mine Project To resume hearings to examine the Ac- closed session in SVC–217 following the Site, S. 1559, to establish the San Juan tive, Guard, Reserve, and civilian per- open session. Islands National Conservation Area in sonnel programs in review of the De- SD–G50 the San Juan Islands, Washington, S. fense Authorization request for fiscal 1635, to designate certain lands in San year 2013 and the Future Years Defense MARCH 21 Miguel, Ouray, and San Juan Counties, Program. 10 a.m. Colorado, as wilderness, S. 1687, to ad- SR–232A Homeland Security and Governmental Af- just the boundary of Carson National fairs Forest, New Mexico, S. 1774, to estab- MARCH 29 To hold hearings to examine retooling lish the Rocky Mountain Front Con- 10 a.m. government for the 21st century, focus- servation Management Area, to des- Homeland Security and Governmental Af- ing on the President’s reorganization ignate certain Federal land as wilder- fairs plan and reducing duplication. ness, and to improve the management Contracting Oversight Subcommittee SD–342 of noxious weeds in the Lewis and To hold hearings to examine contractors, Veterans’ Affairs Clark National Forest, S. 1788, to des- focusing on how much they are costing To hold joint hearings to examine the ignate the Pine Forest Range Wilder- the government. legislative presentations of the Mili- ness area in Humboldt County, Nevada, SD–342

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M07MR8.000 E07MRPT1 pwalker on DSK7TPTVN1PROD with REMARKS Wednesday, March 7, 2012 Daily Digest

HIGHLIGHTS Final Re´sume´ of Congressional Activity (including the History of Bills) for the First Session of the 112th Congress. Senate structions, Reid Amendment No. 1763, to change Chamber Action the enactment date. Pages S1441, S1456 Routine Proceedings, pages S1433–S1494 Reid Amendment No. 1762 (to Amendment No. Measures Introduced: Eight bills and one resolu- 1761), to change the enactment date. tion were introduced, as follows: S. 2166–2173, and Pages S1441, S1456 S. Res. 390. Page S1459 During consideration of this measure today, Senate also took the following action: Measures Passed: Reid Amendment No. 1764 (to (the instructions) Nonmarket Economy Countries: Senate passed Amendment No. 1763), of a perfecting nature, fell H.R. 4105, to apply the countervailing duty provi- when the Reid motion to recommit the bill to the sions of the Tariff Act of 1930 to nonmarket econ- Committee on Environment and Public Works, with omy countries, pursuant to the order of March 5, instructions, Reid Amendment No. 1763, was with- 2012. Page S1441 drawn. Pages S1441, S1456 Pandemic and All-Hazards Preparedness Act Reid Amendment No. 1765 (to Amendment No. 1764), of a perfecting nature, fell when Reid Reauthorization: Senate passed S. 1855, to amend Amendment No. 1764 (to (the instructions) Amend- the Public Health Service Act to reauthorize various ment No. 1763), fell. Pages S1441, S1456 programs under the Pandemic and All-Hazards Pre- A unanimous-consent agreement was reached pro- paredness Act, after agreeing to the committee viding that the bill, as amended, be considered amendment in the nature of a substitute, and the original text for the purposes of further amendment; following amendment proposed thereto: that the following amendments be the only first-de- Pages S1476–93 gree amendments remaining in order to the bill: Reid (for Harkin) Amendment No. 1823, to make Vitter Amendment No. 1535; Baucus, or designee, certain technical corrections. Page S1484 relative to rural schools; Collins Amendment No. Honoring Donald M. Payne: Senate agreed to S. 1660; Coburn Amendment No. 1738; Nelson (FL)- Res. 390, honoring the life and legacy of the Honor- Shelby-Landrieu Amendment No. 1822, with a able Donald M. Payne. Page S1493 modification in order if agreed to by Senators Nelson Measures Considered: (FL), Shelby, Landrieu and Baucus; Wyden Amend- ment No. 1817; Hoeven Amendment No. 1537; Moving Ahead for Progress in the 21st Cen- Levin Amendment No. 1818; McConnell, or des- tury—Agreement: Senate continued consideration of ignee, side-by-side to Stabenow Amendment No. S. 1813, to reauthorize Federal-aid highway and 1812; Stabenow Amendment No. 1812; DeMint highway safety construction programs, taking action Amendment No. 1589; Menendez-Burr Amendment on the following amendments proposed thereto: No. 1782; DeMint Amendment No. 1756; Binga- Pages S1441–54, S1454–56 man Amendment No. 1759; Coats Amendment No. Adopted: 1517; Brown (OH) Amendment No. 1819; Blunt Reid Amendment No. 1761, of a perfecting na- Amendment No. 1540; Merkley Amendment No. ture. Page S1441 1653; Portman Amendment No. 1736; Klobuchar Withdrawn: Amendment No. 1617; Corker Amendment No. Reid motion to recommit the bill to the Com- 1785, with a modification; Shaheen Amendment No. mittee on Environment and Public Works, with in- 1678; Portman Amendment No. 1742; Corker D201

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D202 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012 Amendment No. 1810; Carper Amendment No. promotion of a prosperous future in Syria, and the 1670; Hutchison Amendment No. 1568; McCain bill be referred to the Committee on Foreign Rela- Amendment No. 1669, modified with changes at tions. Page S1493 the desk; Alexander Amendment No. 1779; Boxer Signing Authority—Agreement: A unanimous- Amendment No. 1816; and Paul Amendment No. consent agreement was reached providing that on 1556; that on Thursday, March 8, 2012, at a time Wednesday, March 7, 2012, the Majority Leader be to be determined by the Majority Leader, after con- authorized to sign duly enrolled bills or joint resolu- sultation with the Republican Leader, Senate vote on tions. Page S1493 or in relation to the amendments, in the order listed; that the following amendments be subject to a 60 Messages from the House: Page S1457 affirmative vote threshold: Vitter Amendment No. Measures Read the First Time: Page S1457 1535; Baucus, or designee, relative to rural schools; Enrolled Bills Presented: Page S1457 Collins Amendment No. 1660; Coburn Amendment No. 1738; Nelson (FL)-Shelby-Landrieu Amendment Executive Communications: Pages S1457–59 No. 1822; Wyden Amendment No. 1817; Hoeven Petitions and Memorials: Page S1459 Amendment No. 1537; McConnell, or designee, Additional Cosponsors: Page S1460 side-by-side to Stabenow Amendment No. 1812; Stabenow Amendment No. 1812; DeMint Amend- Statements on Introduced Bills/Resolutions: ment No. 1589; Menendez-Burr Amendment No. Pages S1461–63 1782; that there be no other amendments in order Additional Statements: Pages S1456–57 to the bill or the amendments listed other than a managers’ package; and there be no points of order Amendments Submitted: Pages S1463–76 or motions in order to any of these amendments Authorities for Committees to Meet: Page S1476 other than budget points of order and the applicable Privileges of the Floor: Page S1476 motions to waive; that it be in order for a managers’ package to be considered and, if approved by the Adjournment: Senate convened at 10 a.m. and ad- managers and the two Leaders, the managers’ pack- journed at 10:28 p.m., until 9:30 a.m. on Thursday, age be agreed to; provided further, the bill, as March 8, 2012. (For Senate’s program, see the re- amended, then be read a third time and the Senate marks of the Majority Leader in today’s Record on vote on passage of the bill, as amended; and if the page S1494.) bill is passed, it be held at the desk; and when the Senate receives the House companion to S. 1813, as Committee Meetings determined by the two Leaders, it be in order for the Majority Leader to proceed to its immediate consid- (Committees not listed did not meet) eration; strike all after the enacting clause and insert the text of S. 1813, as passed by the Senate, in lieu HEALTHY FOOD INITIATIVES, LOCAL thereof; that the House bill, as amended, be read a PRODUCTION, AND NUTRITION third time, a statutory PAYGO statement be read, Committee on Agriculture, Nutrition, and Forestry: Com- if needed, and the bill, as amended, be passed; that mittee concluded a hearing to examine healthy food upon passage, the Senate insist on its amendment, initiatives, local production, and nutrition, after re- request a conference with the House on the dis- ceiving testimony from Thomas Vilsack, Secretary of agreeing votes of the two Houses; and the Chair be Agriculture; Dan Carmody, Eastern Market Corpora- authorized to appoint conferees on the part of the tion, Detroit, Michigan; Ronald G. McCormick, Senate. Pages S1455–56 Wal-Mart Stores, Inc., Bentonville, Arkansas; Jody A unanimous-consent agreement was reached pro- Hardin, Hardin Farms, Grady, Arkansas; Anne viding for further consideration of the bill at ap- Goodman, Cleveland Foodbank, Cleveland, Ohio; proximately 10:30 a.m., on Thursday, March 8, and John Weidman, Food Trust, Philadelphia, Penn- 2012, under the previous order. Pages S1493–94 sylvania. Syria Democracy Transition Act—Referral Agreement: A unanimous-consent agreement was APPROPRIATIONS: DEPARTMENT OF reached providing that the Committee on Finance be HEALTH AND HUMAN SERVICES discharged from further consideration of S. 2152, to Committee on Appropriations: Subcommittee on Depart- promote United States policy objectives in Syria, in- ments of Labor, Health and Human Services, and cluding the departure from power of President Education, and Related Agencies concluded a hear- Bashar Assad and his family, the effective transition ing to examine proposed budget estimates for fiscal to a democratic, free, and secure country, and the year 2013 for the Department of Health and Human

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST March 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D203 Service, after receiving testimony from Kathleen in Connecticut, S. 1198, to reauthorize the Essex Sebelius, Secretary of Health and Human Services. National Heritage Area, S. 1215, to provide for the APPROPRIATIONS: DEPARTMENT OF THE exchange of land located in the Lowell National His- NAVY torical Park, S. 1589, to extend the authorization for the Coastal Heritage Trail in the State of New Jer- Committee on Appropriations: Subcommittee on Depart- sey, S. 1708, to establish the John H. Chafee Black- ment of Defense concluded a hearing to examine stone River Valley National Historical Park, H.R. proposed budget estimates for fiscal year 2013 for 1141, to authorize the Secretary of the Interior to the Department of the Navy, after receiving testi- study the suitability and feasibility of designating mony from Ray Mabus, Secretary of the Navy, Ad- prehistoric, historic, and limestone forest sites on miral Jonathan W. Greenert, USN, Chief of Naval Rota, Commonwealth of the Northern Mariana Is- Operations, and General James F. Amos, USMC, lands, as a unit of the National Park System, H.R. Commandant of the Marine Corps, all of the Depart- 2606, to authorize the Secretary of the Interior to ment of Defense. allow the construction and operation of natural gas SITUATION IN SYRIA pipeline facilities in the Gateway National Recre- ation Area, S. 2131, to reauthorize the Rivers of Committee on Armed Services: Committee concluded Steel National Heritage Area, the Lackawanna Valley open and closed hearings to examine the situation in National Heritage Area, and the Delaware and Le- Syria, after receiving testimony from Leon E. Pa- high National Heritage Corridor, and S. 2133, to re- netta, Secretary, and General Martin E. Dempsey, authorize the America’s Agricultural Heritage Part- USA, Chairman, Joint Chiefs of Staff, both of the nership in the State of Iowa, after receiving testi- Department of Defense. mony from Senators Kerry and Reed; Stephanie SPACE PROGRAM Toothman, Associate Director, Cultural Resources, Committee on Commerce, Science, and Transportation: National Park Service, Department of the Interior; Committee concluded a hearing to examine prior- Michael J. Reagan, Solano County Board of Super- ities, plans, and progress of the nation’s space pro- visors, Solano County, California; and Annie Harris, gram, after receiving testimony from Charles F. Essex National Heritage Commission, Salem, Massa- Bolden, Jr., Administrator, National Aeronautics and chusetts. Space Administration; and Neil deGrasse Tyson, PRESIDENT’S TRADE AGENDA American Museum of Natural History, New York, Committee on Finance: Committee concluded a hearing New York. to examine the President’s 2012 trade agenda, after U.S. COAST GUARD AND NOAA BUDGET receiving testimony from Ron Kirk, United States Trade Representative, Executive Office of the Presi- Committee on Commerce, Science, and Transportation: Sub- dent. committee on Oceans, Atmosphere, Fisheries, and Coast Guard concluded a hearing to examine the LENDING DISCRIMINATION PRACTICES President’s proposed budget request for fiscal year AND FORECLOSURE ABUSES 2013 for the Coast Guard and the National Oceanic Committee on the Judiciary: Committee concluded a and Atmospheric Administration, after receiving tes- hearing to examine lending discrimination practices timony from Admiral Robert J. Papp, Jr., Com- and foreclosure abuses, after receiving testimony mandant, United States Coast Guard, Department of from Senator Cardin; Thomas E. Perez, Assistant At- Homeland Security; and Jane Lubchenco, Under Sec- torney General, Civil Rights Division, Department retary for Oceans and Atmosphere, and Adminis- of Justice; Eric Rodriguez, National Council of La trator, National Oceanic and Atmospheric Adminis- Raza, and Hilary O. Shelton, National Association tration, Department of Commerce. for the Advancement of Colored People (NAACP) NATIONAL PARKS BILLS Washington Bureau, both of Washington, D.C.; and William K. Black, University of Missouri-Kansas Committee on Energy and Natural Resources: Sub- City, Kansas City. committee on National Parks concluded a hearing to examine S. 29, to establish the Sacramento-San Joa- VETERANS OF FOREIGN WARS quin Delta National Heritage Area, S. 1150, to es- LEGISLATIVE PRESENTATION tablish the Susquehanna Gateway National Heritage Committee on Veterans’ Affairs: Committee concluded a Area in the State of Pennsylvania, S. 1191, to direct joint hearing with the House Committee on Vet- the Secretary of the Interior to carry out a study re- erans’ Affairs to examine the legislative presentation garding the suitability and feasibility of establishing from Veterans of Foreign Wars, after receiving testi- the Naugatuck River Valley National Heritage Area mony from Richard L. DeNoyer, Veterans of Foreign

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D204 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012 Wars of the United States, Middleton, Massachu- address challenges to plan sponsorship, after receiv- setts. ing testimony from Phyllis C. Borzi, Assistant Sec- retary of Labor for the Employee Benefits Security REMOVING OBSTACLES FOR SMALL Administration; Charles A. Jeszeck, Director, Edu- BUSINESS cation, Workforce, and Income Security, Govern- Special Committee on Aging: Committee concluded a ment Accountability Office; Bryan Fiene, Robert W. hearing to examine opportunities for savings, focus- Baird and Co. Incorporated, Madison, Wisconsin; ing on removing obstacles for small business, and if and John J. Kalamarides, Prudential Retirement, better agency coordination can help small employers Hartford, Connecticut. h House of Representatives consideration of H.R. 3606, to increase American Chamber Action job creation and economic growth by improving ac- Public Bills and Resolutions Introduced: 15 pub- cess to the public capital markets for emerging lic bills, H.R. 4150–4164; and 5 resolutions, H. growth companies. Further proceedings were post- Con. Res. 107; and H. Res. 574–577, were intro- poned. Pages H1236–64 duced. Pages H1272–73 During the course of debate, exception was taken Additional Cosponsors: Pages H1273–74 to certain words used and a request was made to Reports Filed: There were no reports filed today. have words taken down. The words were reported to the Committee of the Whole and the Chair subse- Speaker: Read a letter from the Speaker wherein he quently announced that the Committee would rise. appointed Representative Webster to act as Speaker The Committee of the Whole rose and after review, pro tempore for today. Page H1211 the Chair ruled that the remarks constituted a per- Recess: The House recessed at 11:09 a.m. and re- sonality directed toward an identifiable Member and convened at 12 noon. Page H1218 announced that, without objection, said words would Bureau of Reclamation Small Conduit Hydro- be stricken from the record. Subsequently, the Chair power Development and Rural Jobs Act: The announced that the Committee of the Whole would House passed H.R. 2842, to authorize all Bureau of resume its sitting. Page H1240 Reclamation conduit facilities for hydropower devel- Pursuant to the rule, the amendment in the na- opment under Federal Reclamation law, by a yea- ture of a substitute consisting of the text of the and-nay vote of 265 yeas to 154 nays, Roll No. 100. Rules Committee Print 112–17 shall be considered Consideration of the measure began yesterday, March as adopted in the House and in the Committee of 6th. Pages H1231–34 the Whole, in lieu of the amendment in the nature Rejected the Garamendi motion to recommit the of a substitute recommended by the Committee on bill to the Committee on Natural Resources with in- Financial Services now printed in the bill. The bill, structions to report the same back to the House as amended, shall be considered as the original bill forthwith with an amendment, by a recorded vote of for the purpose of further amendment under the 182 ayes to 237 noes, Roll No. 99. Pages H1232–34 five-minute rule and shall be considered as read. Rejected: Page H1245 Napolitano amendment (No. 1 printed in the Agreed to: Congressional Record of March 5, 2012) that was Fincher manager’s amendment (No. 1 printed in debated on March 6th that sought to strike the ex- H. Rept. 112–409) that makes technical changes to emption for small conduit hydropower development the underlying bill; Page H1249 from the National Environmental Policy Act of 1969 McIntyre amendment (No. 2 printed in H. Rept. (by a recorded vote of 168 ayes to 253 noes, Roll 112–409) that adjusts the Emerging Growth Com- No. 98). Page H1231 pany definition for inflation, resulting in providing H. Res. 570, the rule providing for consideration more flexibility for businesses; Pages H1249–50 of the bill, was agreed to yesterday, March 6th. Jackson Lee (TX) amendment (No. 4 printed in Reopening American Capital Markets to Emerg- H. Rept. 112–409) that adds a requirement that a ing Growth Companies Act: The House began company not be considered an ‘‘emerging growth

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST March 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D205 company’’ if it has issued more than $1 billion in Withdrawn: non-convertible debt over the prior three years; and Jackson Lee (TX) amendment (No. 8 printed in Pages H1251–52 H. Rept. 112–409) that was offered and subse- McCarthy (CA) amendment (No. 10 printed in H. quently withdrawn that would have established new Rept. 112–409) that clarifies that general adver- filing fee for Reg S–K Forms to discourage frivolous tising under this provision should only apply to filings. Page H1259 Regulation D rule 506 offerings, allow for general H. Res. 572, the rule providing for consideration solicitation in the secondary sale of these securities of the bill, was agreed to by a recorded vote of 252 so long as only qualified institutional buyers pur- ayes to 166 noes, Roll No. 102, after the previous chase the securities, and provide consistency in inter- question was ordered by a yea-and-nay vote of 244 pretation that general advertising should not cause yeas to 177 noes, Roll No. 101. these offerings to be considered public offerings. Pages H1222–31, H1234–36 Pages H1260–61 Meeting Hour: Agreed that when the House ad- Rejected: journs today, it adjourn to meet at 10 a.m. tomor- Jackson Lee (TX) amendment (No. 7 printed in row. Page H1264 H. Rept. 112–409) that sought to strike language that allows an emerging growth company or its un- Senate Messages: Messages received from the Senate derwriter to communicate with ‘‘institutions that are today appear on pages H1219 and H1231. accredited investors’’; Pages H1257–59 Senate Referral: S. 1886 was referred to the Com- Himes amendment (No. 3 printed in H. Rept. mittee on the Judiciary. Page H1271 112–409) that sought to lower the gross annual rev- Quorum Calls—Votes: Two yea-and-nay votes and enue cap from $1,000,000,000 to $750,000,000 for seven recorded votes developed during the pro- emerging growth companies to remain eligible for ceedings of today and appear on pages H1231–32, the regulatory on-ramp and strike the public float H1233–34, H1234, H1234–35, H1235–36, requirement for the on-ramp (by a recorded vote of H1261–62, H1262, H1263, and H1263–64. There 164 ayes to 245 noes, Roll No. 103); were no quorum calls. Pages H1250–51, H1261–62 Ellison amendment (No. 5 printed in H. Rept. Adjournment: The House met at 10 a.m. and ad- 112–409) that sought to require Emerging Growth journed at 7:42 p.m. Companies to fully comply with say-on-pay and golden parachute shareholder votes (by a recorded Committee Meetings vote of 169 ayes to 244 noes, Roll No. 104); Pages H1252–55, H1262–63 MISCELLANEOUS MEASURE Waters amendment (No. 6 printed in H. Rept. 112–409) that sought to provide that if a broker or Committee on Agriculture: Full Committee held a dealer is underwriting an initial public offering markup on budget views and estimates letter of the (IPO) for an emerging growth company (EGC) and Committee on Agriculture for the agencies and pro- providing research to the public about such IPO, grams under jurisdiction of the Committee for FY those research reports need to be filed with the SEC, 2013. The letter was agreed to without amendment. and the broker or dealer shall be held to stricter li- APPROPRIATIONS—FEDERAL BUREAU OF ability for their comments. Would also have pro- INVESTIGATIONS vided that if EGCs are communicating, either orally or in writing, with potential investors before or fol- Committee on Appropriations: Subcommittee on Com- lowing an offering, they need to file those commu- merce, Justice, Science, and Related Agencies held a nications with the SEC (by a recorded vote of 161 hearing on FY 2013 Budget Request for the Federal ayes to 259 noes, Roll No. 105); and Bureau of Investigations. Testimony was heard from Pages H1255–57, H1263 Robert S. Mueller III, Director, Federal Bureau of Connolly (VA) amendment (No. 9 printed in H. Investigations. Rept. 112–409) that sought to require the Securities and Exchange Commission to perform a study, in APPROPRIATIONS—DEPARTMENT OF THE consultation with the Commodities Futures Trading ARMY Commission, of the effects on emerging growth com- Committee on Appropriations: Subcommittee on Defense panies of financial speculation on domestic oil and held a hearing on FY 2013 Budget Request for the gasoline prices and to forward the results of that Army. Testimony was heard from John M. McHugh, study to Congress (by a recorded vote of 185 ayes Secretary of the Army; and General Raymond to 236 noes, Roll No. 106). Pages H1259–60, H1263–64 Odierno, Chief of the Army.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D206 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012 APPROPRIATIONS—FOOD AND DRUG Yonkers, Assistant Secretary of the Air Force, Envi- ADMINISTRATION ronment and Logistics. Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- APPROPRIATIONS—U.S. ARMY CORPS OF istration, and Related Agencies held a hearing on FY ENGINEERS 2013 Budget Request for the Department of Agri- Committee on Appropriations: Subcommittee on Energy culture. Testimony was heard from Harris Sherman, and Water Development, and Related Agencies held Under Secretary, Natural Resources and Environ- a hearing on FY 2013 Budget Request for the U.S. ment, Department of Agriculture; Dave White, Army Corps of Engineers. Testimony was heard from Chief, Natural Resources Conservation Service, De- Jo-Ellen Darcy, Assistant Secretary of the Army for partment of Agriculture; and Michael Young, Budg- Civil Works; and Major General Meredith ‘‘Bo’’ et Officer, Department of Agriculture. Temple, Chief of Engineers (Acting). APPROPRIATIONS—FEDERAL EMERGENCY MANAGEMENT AGENCY APPROPRIATIONS—DEPARTMENT OF THE Committee on Appropriations: Subcommittee on Home- TREASURY land Security held a hearing on FY 2013 Budget Committee on Appropriations: Subcommittee on Finan- Request for Federal Emergency Management Agen- cial Services and General Government held a hearing cy. Testimony was heard from Craig Fugate, Admin- on Fiscal Year 2013 Budget Request for the Treas- istrator, Federal Emergency Management Agency; ury Inspector General. Testimony was heard from and public witnesses. Eric M. Thorson, Treasury Inspector General; and J. Russel George, Treasury Inspector General for Tax APPROPRIATIONS—NUCLEAR ENERGY AND NUCLEAR REGULATORY COMMISSION Administration. Committee on Appropriations: Subcommittee on Energy U.S. CENTRAL COMMAND, U.S. SPECIAL and Water Development, and Related Agencies held OPERATIONS COMMAND AND U.S. a hearing on FY 2013 Budget Request for Nuclear TRANSPORTATION COMMAND Energy and Nuclear Regulatory Commission. Testi- mony was heard from Peter Lyons, Associate Sec- Committee on Armed Services: Full Committee held a retary for Nuclear Energy, Department of Energy; hearing on the Fiscal Year 2013 National Defense and Gregory Jaczko, Chairman, Nuclear Regulatory Authorization Budget Requests from U.S. Central Commission. Command, U.S. Special Operations Command and U.S. Transportation Command. Testimony was heard APPROPRIATIONS—BUREAU OF OCEAN from General James N. Mattis, USMC Commander, ENERGY MANAGEMENT U.S. Central Command; General William M. Fraser Committee on Appropriations: Subcommittee on Inte- III, USAF Commander, U.S. Transportation Com- rior, Environment, and Related Agencies held a mand; and Admiral William H. McRaven, USN hearing on FY 2013 Budget Request for the Bureau Commander, U.S. Special Operations Command. of Ocean Energy Management/Bureau of Safety and Environmental Enforcement Budget. Testimony was ASSESSING MOBILITY AIRLIFT heard from Tommy Beaudreau, Director, Bureau of CAPABILITIES Ocean Energy Management; and Rear Admiral James Watson, Director, Bureau of Safety and Envi- Committee on Armed Services: Subcommittee on ronment. Seapower and Projection Forces held a hearing on as- sessing mobility airlift capabilities and operational APPROPRIATIONS—INSTALLATION, risks under the revised 2012 defense strategy. Testi- ENVIRONMENT, AND BRAC mony was heard from General Raymond E. Johns, Committee on Appropriations: Subcommittee on Mili- USAF, Commander, Air Mobility Command; Lieu- tary Construction, Veterans Affairs, and Related tenant General Harry M. Wyatt, USAF, Director, Agencies held a hearing on Installation, Environ- Air National Guard; Major General Christopher ment, and BRAC. Testimony was heard from Doro- Bogdan, USAF, Director, KC–46 Tanker Mobiliza- thy Robyn, Deputy Under Secretary of Defense, In- tion Directorate; Major General James O. Barclay, stallations and Environment; Katherine Hammack, USA, Assistant Deputy Chief of Staff; and Cary Rus- Assistant Secretary of the Army, Installations and sell, Director (Acting), Defense Capabilities and Environment; Jackalyne Pfannestiel, Secretary of the Management, GAO. Navy, Installations and Environment; and Terry A.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST March 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D207 CYBERSECURITY: THE PIVOTAL ROLE OF MISCELLANEOUS MEASURES COMMUNICATIONS NETWORKS Committee on Homeland Security: Subcommittee on Committee on Energy and Commerce: Subcommittee on Transportation Security held a markup of H.R. Communications and Technology held a hearing en- 2179, to amend title 49, United States Code, to di- titled ‘‘Cybersecurity: The Pivotal Role of Commu- rect the Assistant Secretary of Homeland Security nications Networks’’. Testimony was heard from (Transportation Security Administration) to transfer public witnesses. unclaimed money recovered at airport security check- points to United Service Organization, Incorporated, AMERICAN ENERGY INITIATIVE: RISING and for other purposes. The bill was ordered re- GASOLINE PRICES ported, without amendment. Committee on Energy and Commerce: Subcommittee on PRESCRIPTION DRUG EPIDEMIC IN Energy and Power held a hearing entitled ‘‘The AMERICA American Energy Initiative: Rising Gasoline Prices’’. Testimony was heard from public witnesses. Committee on the Judiciary: Subcommittee on Crime, Terrorism, and Homeland Security held a hearing SECURITIES INVESTOR PROTECTION entitled ‘‘The Prescription Drug Epidemic in Amer- CORPORATION ica’’. Testimony was heard from Representatives Committee on Financial Services: Subcommittee on Cap- Rahall; Rogers, KY; Bono Mack; and Lynch. itol Markets and Government Sponsored Enterprises LEGISLATIVE MEASURE held a hearing entitled ‘‘The Securities Investor Pro- tection Corporation: Past, Present, and Future’’. Tes- Committee on the Judiciary: Subcommittee on Immi- timony was heard from Senator Vitter; Joe Borg, Di- gration Policy and Enforcement held a hearing on rector, Alabama Securities Commission; and public H.R. 3808, the ‘‘Scott Gardner Act’’. Testimony was witnesses. heard from Representatives Myrick, McIntyre, Gon- zalez; and Charles Jenkins, Sheriff, Frederick County, MISCELLANEOUS MEASURES Maryland; and Chris Burbank, Chief of Police, Salt Committee on Foreign Affairs: Full Committee held a Lake City Police Department. markup of the following: H.R. 2106, the ‘‘Syria COUNCIL ON ENVIRONMENTAL QUALITY Freedom Support Act’’; H.R. 890, the ‘‘Holocaust FY 2013 FUNDING REQUEST Insurance Accountability Act of 2011’’; H.R. 1410 Committee on Natural Resources: Full Committee held the ‘‘Vietnam Human Rights Act of 2011’’; H.R. a hearing entitled ‘‘The Council on Environmental 3783, the ‘‘Countering Iran in the Western Hemi- Quality’s Fiscal Year 2013 Funding Request and the sphere Act of 2012’’; H.R. 4041, the ‘‘Export Pro- Effects on NEPA, National Ocean Policy and Other motion Reform Act’’; and S. Con. Res. 17, a concur- Federal Environmental Policy Initiatives’’. Testimony rent resolution expressing the sense of Congress that was heard from Nancy Sutley, Chairwoman, Council Taiwan should be accorded observer status in the on Environmental Policy. International Civil Aviation Organization (ICAO). The following bills were ordered reported, as amend- NATIONAL AERONAUTICS AND SPACE ed: H.R. 2106; H.R. 890; H.R. 1410; H.R. 3783; ADMINISTRATION FY 2013 BUDGET and H.R. 4041. The following was ordered reported REQUEST without amendment: S. Con. Res. 17. Committee on Science, Space, and Technology: Full Com- STATE DEPARTMENT’S REWARD mittee held a hearing entitled ‘‘An Overview of the PROGRAMS: PERFORMANCE AND National Aeronautics and Space Administration POTENTIAL Budget for Fiscal Year 2013’’. Testimony was heard from Charles F. Bolden, Jr., Administrator, National Committee on Foreign Affairs: Subcommittee on Ter- Aeronautics and Space Administration. rorism, Nonproliferation, and Trade held a hearing entitled ‘‘The State Department’s Reward Programs: MISCELLANEOUS MEASURES Performance and Potential’’. Testimony was heard Committee on Small Business: Full Committee held a from Robert A. Hartung, Assistant Director, Threat markup of the following: Views and Estimates on Investigations and Analysis DirectorateBureau of the Small Business Administration’s FY 2013 budg- Diplomatic Security, Department of State; M. et request; H.R. 3850, the ‘‘Government Efficiency Brooke Darby, Deputy Assistant Secretary, Bureau of through Small Business Contracting Act of 2012’’; International Narcotics and Law Enforcement Affairs, H.R. 3851, the ‘‘Small Business Advocate Act of Department of State; and Stephen J. Rapp, Ambas- 2012’’; H.R. 3893, the ‘‘Subcontracting Trans- sador-at-Large, Office of Global Criminal Justice. parency and Reliability Act of 2012’’; H.R. 3980,

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D208 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012 the ‘‘Small Business Opportunity Act of 2012’’; Authorization request for fiscal year 2013 and the Future H.R. 4118, the ‘‘Small Business Procurement Im- Years Defense Program, 9:30 a.m., SD–106. provement Act of 2012’’; and H.R. 4121, the ‘‘Early Committee on Banking, Housing, and Urban Affairs: To Stage Small Business Contracting Act of 2012’’. The hold hearings to examine addressing the housing crisis in Small Business Administration’s FY 2013 Budget Indian country, focusing on leveraging resources and co- ordinating efforts, 10 a.m., SD–538. was agreed to without amendment. The following Committee on Health, Education, Labor, and Pensions: To bill was ordered reported, without amendment: H.R. hold hearings to examine the key to America’s global 4118. The following bills were ordered reported, as competitiveness, focusing on a quality education, 10 a.m., amended: H.R. 3850; H.R. 3893; H.R. 3980; and SD–430. H.R. 4121. Committee on Homeland Security and Governmental Affairs: PROTECTING MARITIME JOBS AND To hold hearings to examine the President’s proposed budget request for fiscal year 2013 for the Department ENHANCING MARINE SAFETY of Homeland Security, 2:30 p.m., SD–342. Committee on Transportation and Infrastructure: Sub- Committee on Indian Affairs: To hold hearings to exam- committee on Coast Guard and Maritime Transpor- ine the President’s proposed budget request for fiscal year tation held a hearing entitled ‘‘Protecting Maritime 2013 for Native Programs, 2:15 p.m., SD–628. Jobs and Enhancing Marine Safety in the Post-Budg- Committee on the Judiciary: Business meeting to consider et Control Act Fiscal Environment: A Review of the S. 1002, to prohibit theft of medical products, and the Administration’s Fiscal Year 2013 Coast Guard and nominations of Patty Shwartz, of New Jersey, to be United States Circuit Judge for the Third Circuit, Jeffrey Maritime Transportation Budget Request’’. Testi- J. Helmick, to be United States District Judge for the mony was heard from Admiral Robert J. Papp, Jr., Northern District of Ohio, Mary Geiger Lewis, to be Commandant, U.S. Coast Guard; Master Chief Mi- United States District Judge for the District of South chael P. Leavitt, U.S. Coast Guard; Richard A. Carolina, Timothy S. Hillman, to be United States Dis- Lidinsky, Jr., Chairman, Federal Maritime Commis- trict Judge for the District of Massachusetts, and Thomas sion; and David T. Matsuda, Administrator, Mari- M. Harrigan, of New York, to be Deputy Administrator time Administration. of Drug Enforcement, Department of Justice, 10 a.m., SD–226. CLOSELY-HELD BUSINESSES IN THE Select Committee on Intelligence: To hold closed hearings CONTEXT OF TAX REFORM to examine certain intelligence matters, 2:30 p.m., Committee on Ways and Means: Full Committee held SH–219. a hearing entitled ‘‘Closely-Held Businesses in the House Context of Tax Reform’’. Testimony was heard from public witnesses. Committee on Appropriations, Subcommittee on Transpor- tation, Housing and Urban Development, hearing on FY 2013 Budget Request for Department of Transportation, Joint Meetings 9:30 a.m., 2358–A Rayburn. No joint committee meetings were held. Subcommittee on Defense, hearing on FY 2013, Budg- et Request for Defense Health Program Budget, 10 a.m., f 2359 Rayburn. COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Agriculture, Rural Development, MARCH 8, 2012 Food and Drug Administration, and Related Agencies, hearing on FY 2013 Budget Request, Food Safety and In- (Committee meetings are open unless otherwise indicated) spection Service, 10:30 a.m., 2362–A Rayburn. Subcommittee on Homeland Security, hearing on FY Senate 2013 Budget Request for Immigration and Customs En- Committee on Appropriations: Subcommittee on Depart- forcement, 1 p.m., 2359 Rayburn. ment of Homeland Security, to hold hearings to examine Committee on Armed Services, Subcommittee on Tactical proposed budget estimates for fiscal year 2013 for the Air and Land Forces, hearing on Army and Marine Corps Department of Homeland Security, 10 a.m., SD–192. ground system modernization programs, 10 a.m., 2212 Subcommittee on Commerce, Justice, Science, and Re- Rayburn. lated Agencies, to examine proposed budget estimates for Subcommittee on Readiness, hearing on request for au- fiscal year 2013 for the Department of Justice, 10 a.m., thorization of another BRAC round and additional reduc- SD–124. tions in overseas bases, 11:30 a.m., 2118 Rayburn. Subcommittee on Transportation and Housing and Subcommittee on Strategic Forces, hearing on Fiscal Urban Development, and Related Agencies, to hold hear- Year 2013 National Defense Authorization Budget Re- ings to examine an overview of the Federal Housing Ad- quest for national security space activities, 1 p.m., 2212 ministration, 10 a.m., SD–138. Rayburn. Committee on Armed Services: To hold hearings to exam- Committee on the Budget, Full Committee, hearing enti- ine the Department of the Army in review of the Defense tled ‘‘Members’ Day’’, 10 a.m., 210 Cannon.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST March 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D209

Committee on Energy and Commerce, Subcommittee on En- ing Small Energy Producers and Harming Energy Secu- ergy and Power, hearing entitled ‘‘The FY 2013 DOE rity?’’, 10 a.m., 2360 Rayburn. Budget’’, 10 a.m., 2123 Rayburn. Committee on Transportation and Infrastructure, Full Com- Subcommittee on Health, hearing entitled ‘‘FDA User mittee, markup on the following: H.R. 2903, the ‘‘FEMA Fees 2012: Hearing on Issues Related to Accelerated Ap- Reauthorization Act of 2011’’; H.R. 4097, the ‘‘John F. proval, Medical Gas, Antibiotic Development and Down- Kennedy Center Reauthorization Act of 2012’’; H.R. stream Pharmaceutical Supply Chain’’, 10:15 a.m., 2322 3182, to designate the United States courthouse located Rayburn. at 222 West 7th Avenue in Anchorage, Alaska, as the Committee on Homeland Security, Subcommittee on Over- ‘‘James M. Fitzgerald United States Courthouse’’; and sight, Investigations, and Management, hearing entitled H.R. 3556, to designate the new United States court- ‘‘Eliminating Waste, Fraud, Abuse, and Duplication in house in Buffalo, New York, as the ‘‘Robert H. Jackson the Department of Homeland Security’’, 9 a.m., 311 Can- United States Courthouse’’, 10 a.m., 2167 Rayburn. non. Committee on Veterans’ Affairs, Subcommittee of Eco- Committee on the Judiciary, Subcommittee on the Con- nomic Opportunity, hearing on the following: H.R. stitution, hearing on H.R. 2299, the ‘‘Child Interstate 3329, to amend title 38 United States Code to extend Abortion Notification Act’’, 9:30 a.m., 2141 Rayburn. the eligibility period for veterans to enroll in certain vo- Committee on Natural Resources, Subcommittee on Energy cational rehabilitation programs; H.R. 3483, the ‘‘Vet- and Mineral Resources, hearing entitled ‘‘Effects of the erans Education Equity Act of 2011’’; H.R. 3610, the President’s FY 2013 Budget and Legislative Proposals for the Bureau of Ocean Energy Management (BOEM) and ‘‘Streamlining Workforce Development Programs Act of Bureau of Safety and Environmental Enforcement (BSEE) 2011’’; H.R. 3670, to require the Transportation Security on Private Sector Job Creation, Domestic Energy Produc- Administration to comply with the Uniformed Services tion, Safety, and Deficit Reduction’’, 9:30 a.m., 1334 Employment and Reemployment Rights Act; H.R. 3524, Longworth. the ‘‘Disabled Veterans Employment Protection Act’’; Subcommittee on National Parks, Forest and Public H.R. 4048, the ‘‘Improving Contracting Opportunities Lands, hearing on H.R. 752, the ‘‘Molalla River Wild for Veteran-Owned Small Businesses Act of 2012’’; H.R. and Scenic Rivers Act’’; H.R. 1415, the ‘‘Chetco River 4051, the ‘‘TAP Modernization Act of 2012’’; H.R. Protection Act of 2011’’; H.R. 3377, the ‘‘Pine Forest 4052, the ‘‘Recognizing Excellence in Veterans Education Range Recreation Enhancement Act of 2011’’; and H.R. Act of 2012’’; H.R. 4057, the ‘‘Improving Transparency 3436, to expand the Wild Rogue Wilderness Area in the of Education Opportunities for Veterans Act of 2012’’; State of Oregon, to make additional wild and scenic river and H.R. 4072, the ‘‘Consolidating Veteran Employment designations in the Rogue River area, and to provide ad- Services for Improved Performance Act of 2012’’, 10 a.m., ditional protections for Rogue River tributaries, and for 334 Cannon. other purposes, 10 a.m., 1324 Longworth. Subcommittee on Disability Assistance and Memorial Committee on Oversight and Government Reform, Full Com- Affairs, hearing entitled ‘‘Honoring America’s Fallen He- mittee, hearing entitled ‘‘Food Stamp Fraud as a Business roes: An Update on our National Cemeteries’’, 1:30 p.m., Model: USDA’s Struggle to Police Store Owners’’, 9:30 340 Cannon. a.m. 2154 Rayburn. Committee on Ways and Means, Full Committee markup Committee on Science, Space, and Technology, Subcommittee of H.R. 452, the ‘‘Medicare Decisions Accountability Act on Research and Science Education, hearing entitled of 2011’’, 9 a.m., 1100 Longworth. ‘‘NSF Major Research Equipment and Facilities Manage- House Permanent Select Committee on Intelligence, Full ment: Ensuring Fiscal Responsibility Accountability’’, 10 Committee, markup of Committee Views and Estimates a.m., 2318 Rayburn. on the President’s Budget for Fiscal Year 2013, 9 a.m., Committee on Small Business, Subcommittee on Investiga- HVC–304. tions, Oversight and Regulations, hearing entitled Full Committee, hearing on ongoing intelligence ac- ‘‘Powering Down: Are Government Regulations Imped- tivities, 9:15 a.m., HVC–304.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D210 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED TWELFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 5, 2011 through January 3, 2012 January 5, 2011 through January 3, 2012

Senate House Total Civilian Nominations, totaling 503, disposed of as follows: Days in session ...... 170 175 . . Confirmed ...... 285 Time in session ...... 1,101 hrs., 44′ 992 hrs., 40′ .. Unconfirmed ...... 188 Congressional Record: Withdrawn ...... 18 Pages of proceedings ...... 8,793 10,033 . . Returned to White House ...... 12 Extensions of Remarks ...... 2,347 . . Public bills enacted into law ...... 24 66 90 Private bills enacted into law ...... Other Civilian Nominations, totaling 3,469, disposed of as follows: Bills in conference ...... 2 2 . . Confirmed ...... 3,297 Measures passed, total ...... 402 384 786 Unconfirmed ...... 167 Senate bills ...... 61 21 . . Withdrawn ...... 5 House bills ...... 64 190 . . Senate joint resolutions ...... 4 4 . . House joint resolutions ...... 5 7 . . Air Force Nominations, totaling 5,983, disposed of as follows: Senate concurrent resolutions ...... 17 7 . . Confirmed ...... 5,688 House concurrent resolutions ...... 17 23 . . Unconfirmed ...... 295 Simple resolutions ...... 234 132 . . Measures reported, total ...... 185 307 492 Army Nominations, totaling 5,908, disposed of as follows: Senate bills ...... 132 3 . . House bills ...... 22 213 . . Confirmed ...... 5,892 Senate joint resolutions ...... 1 . . . . Unconfirmed ...... 16 House joint resolutions ...... 3 . . Senate concurrent resolutions ...... 2 . . . . Navy Nominations, totaling 3,405, disposed of as follows: House concurrent resolutions ...... 2 . . Simple resolutions ...... 28 86 . . Confirmed ...... 3,404 Special reports ...... 17 50 . . Unconfirmed ...... 1 Conference reports ...... 3 3 . . Measures pending on calendar ...... 183 84 . . Marine Corps Nominations, totaling 1,249, disposed of as follows: Measures introduced, total ...... 2,447 4,456 6,903 Bills ...... 2,031 3,756 .. Confirmed ...... 1,249 Joint resolutions ...... 33 97 . . Concurrent resolutions ...... 33 95 . . Summary Simple resolutions ...... 351 508 . . Quorum calls ...... 5 3 . . Total Nominations Received this Session ...... 20,517 Yea-and-nay votes ...... 235 275 . . Total Confirmed ...... 19,815 Recorded votes ...... 671** . . Total Unconfirmed ...... 667 Bills vetoed ...... Total Withdrawn ...... 23 Vetoes overridden ...... Total Returned to the White House ...... 12

* These figures include all measures reported, even if there was no accom- panying report. A total of 102 written reports have been filed in the Senate, a total of 360 reports have been filed in the House. ** Totals include Roll Call 484 which was vacated by unanimous consent on June 23, 2011.

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0667 Sfmt 0667 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST HISTORY OF BILLS ENACTED INTO PUBLIC LAW

(112th Cong., 1st Sess.)

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0663 Sfmt 0663 E:\CR\FM\D07MR2.REC D07MRPT1 211 pwalker on DSK7TPTVN1PROD with DIGEST VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0663 Sfmt 0663 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D213 BILLS ENACTED INTO PUBLIC LAW (112TH, 1ST SESSION)

Law No. Law No. Law No. Law No. Law No. S. 188 ...... 112–2 S. 1639 ...... 112–66 H.R. 765 ...... 112–46 H.R. 1975 ...... 112–48 H.R. 2867 ...... 112–75 S. 278 ...... 112–79 H.R. 771 ...... 112–38 H.R. 2005 ...... 112–32 H.R. 2883 ...... 112–34 S. 307 ...... 112–11 S.J. Res. 7 ...... 112–19 H.R. 789 ...... 112–83 H.R. 2017 ...... 112–33 H.R. 2887 ...... 112–30 S. 349 ...... 112–22 S.J. Res. 8 ...... 112–12 H.R. 793 ...... 112–15 H.R. 2055 ...... 112–74 H.R. 2943 ...... 112–35 S. 365 ...... 112–25 S.J. Res. 9 ...... 112–20 H.R. 818 ...... 112–52 H.R. 2056 ...... 112–88 S. 384 ...... 112–80 S.J. Res. 22 ...... 112–71 H.R. 1059 ...... 112–84 H.R. 2061 ...... 112–73 H.R. 2944 ...... 112–44 S. 535 ...... 112–69 H.R. 1079 ...... 112–7 H.R. 2062 ...... 112–49 H.R. 3078 ...... 112–42 S. 655 ...... 112–23 H.R. 4 ...... 112–9 H.R. 1249 ...... 112–29 H.R. 2112 ...... 112–55 H.R. 3079 ...... 112–43 S. 683 ...... 112–70 H.R. 366 ...... 112–1 H.R. 1264 ...... 112–85 H.R. 2149 ...... 112–50 H.R. 3080 ...... 112–41 S. 846 ...... 112–31 H.R. 368 ...... 112–51 H.R. 1308 ...... 112–13 H.R. 2192 ...... 112–64 H.R. 3321 ...... 112–61 S. 894 ...... 112–53 H.R. 394 ...... 112–63 H.R. 1363 ...... 112–8 H.R. 2279 ...... 112–21 H.R. 3421 ...... 112–76 S. 990 ...... 112–14 H.R. 398 ...... 112–58 H.R. 1383 ...... 112–26 H.R. 2422 ...... 112–89 H.R. 3672 ...... 112–77 S. 1082 ...... 112–17 H.R. 470 ...... 112–72 H.R. 1473 ...... 112–10 H.R. 2447 ...... 112–59 H.R. 3765 ...... 112–78 S. 1103 ...... 112–24 H.R. 489 ...... 112–45 H.R. 1540 ...... 112–81 H.R. 2553 ...... 112–27 S. 1280 ...... 112–57 H.R. 514 ...... 112–3 H.R. 1632 ...... 112–39 H.R. 2608 ...... 112–36 S. 1412 ...... 112–60 H.R. 515 ...... 112–82 H.R. 1801 ...... 112–86 H.R. 2646 ...... 112–37 H.J. Res. 44 ...... 112–4 S. 1487 ...... 112–54 H.R. 662 ...... 112–5 H.R. 1843 ...... 112–47 H.R. 2715 ...... 112–28 H.J. Res. 48 ...... 112–6 S. 1541 ...... 112–65 H.R. 674 ...... 112–56 H.R. 1892 ...... 112–87 H.R. 2832 ...... 112–40 H.J. Res. 94 ...... 112–67 S. 1637 ...... 112–62 H.R. 754 ...... 112–18 H.R. 1893 ...... 112–16 H.R. 2845 ...... 112–90 H.J. Res. 95 ...... 112–68

BILLS VETOED

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0669 Sfmt 0669 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0669 Sfmt 0669 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D215 1 2 3 4 5 6 7 8 9 10 11 12 13 No. 112– proved 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Jan. 31, Feb. 17, Feb. 25, Mar. 2, Mar. 4, Mar. 18, Mar. 31, Apr. 9, Apr. 14, Apr. 15, Apr. 25, Apr. 25, May 12, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Jan. 26, Feb. 1, Feb. 15, Mar. 2, Mar. 3, Mar. 17, Mar. 29, Apr. 8, Apr. 5, Apr. 14, Feb. 17, Mar. 15, Apr. 14, House Senate Date ap- Date House Senate 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 112– Senate 59 ...... Apr. 12, 112– ...... Feb. 14, ...... Mar. 1, 18 ...... Mar. 2, ...... 41 ...... Mar. 29, ...... Apr. 7, 15 ...... Mar. 3, ...... Apr. 14, 2011 2011 2011 2011 Feb. 28, Mar. 29, EPW ...... 9, ...... Feb. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House SB ...... Jan. 25, SB ...... Jan. Jud Int 15, Bud App TI WM NR Bud App ...... TI ...... 22, WM Mar. App Bud WM Feb. App 12, Bud WM 12, Apr. TI EPW HA RAdm OGR ...... Apr. 12, ...... Apr. Date intro- duced 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 H.R. 366 Jan. 20, 26, Jan. Jan. H.R. 366 26, S. 188 Jan. H.R. 514 11, Feb. 28, Feb. H.J. Res. 44 H.R. 662 15, 11, Mar. Mar. H.J. Res. 48 H.R. 1079 12, 4, Apr. Jan. H.R. 1363 11, H.R. 4 8, Apr. H.R. 1473 Feb. S. 307 1, 28, Feb. S.J. Res. 8 Apr. H.R. 1308 Title Bill No. Title Bill tension of programs under the Small Busi- ness Act and the Small Business Invest- ment Act of 1958, and for other purposes. under construction at 98 West First Street, Yuma, Arizona, as the ‘‘John M. Roll United States Courthouse’’. PATRIOT Improvement and Reauthoriza- tion Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 re- lating to access business records, indi- vidual terrorists as agents of foreign pow- ers, and roving wiretaps until December 8, 2011. fiscal year 2011, and for other purposes. way, highway safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enact- ment of a multiyear law reauthorizing such programs. fiscal year 2011, and for other purposes. 1986 to extend the funding and expendi- ture authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improve- ment program, and for other purposes. of Defense for the fiscal year ending Sep- tember 30, 2011, and for other purposes. porting requirements for payments of $600 or more to corporations, and for other pur- poses. of Defense and the other departments agencies of the Government for fiscal year ending September 30, 2011, and for other purposes. United States courthouse located at 217 West King Street, Martinsburg, Vir- ginia, as the ‘‘W. Craig Broadwater Federal Building and United States Courthouse’’. M. Case as a citizen regent of the Board Regents of the Smithsonian Institution. Commission Act to extend the termination date for the Commission, and other purposes. To provide for an additional temporary ex- To designate the United States courthouse To extend expiring provisions of the USA Making further continuing appropriations for To provide an extension of Federal-aid high- Making further continuing appropriations for To amend the Internal Revenue Code of Making appropriations for the Department To repeal the expansion of information re- Making appropriations for the Department To designate the Federal building and Providing for the appointment of Stephen To amend the Ronald Reagan Centennial

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D216 CONGRESSIONAL RECORD — DAILY DIGEST 14 15 16 17 18 19 20 21 22 23 24 25 No. 112– proved 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 May 26, May 31, May 31, June 1, June 8, June 24, June 24, June 29, June 29, June 29, July 26, Aug. 2, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 May 19, May 16, May 24, May 26, May 26, Mar. 15, Mar. 15, June 27, May 16, May 16, July 21, Feb. 17, House Senate Date ap- Date House Senate 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 112– Senate 112– ...... 0 Mar. 14, ...... 0 June ...... 21, 0 June ...... 21, ...... 23 July 25, 0 Aug. 1, 2011 2011 2011 2011 2011 ...... May 23, ...... 72 ...... May 13, ...... June 24, 2011 ...... May 24, ...... May 31, Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House OGR HS&GA 12, May TI WM 3, Int May HA RAdm HA RAdm TI WM 16, ...... June OGR HS&GA 16, ...... 12, June OGR HS&GA May 12, Jud May E&W HEL&P 16, 16, June Feb. Date intro- duced 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 S. 990 May 12, May 17, S. 990 Feb. 13, H.R. 793 May 26, H.R. 1893 May 17, S. 1082 Feb. H.R. 754 28, Feb. S.J. Res. 7 22, 28, Feb. S.J. Res. 9 June 15, H.R. 2279 28, Feb. Mar. S. 349 26, May S. 655 S. 1103 Title Bill No. Title Bill tension of programs under the Small Busi- ness Act and the Small Business Invest- ment Act of 1958, and for other purposes. Postal Service located at 12781 Sir Francis Drake Boulevard in Inverness, California, as the ‘‘Specialist Jake Robert Velloza Post Office’’. 1986 to extend the funding and expendi- ture authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improve- ment program, and for other purposes. tension of programs under the Small Busi- ness Act and the Small Business Invest- ment Act of 1958, and for other purposes. 2011 for intelligence and intelligence-re- lated activities of the United States Gov- ernment, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System, for other purposes. Ann Jackson as a citizen regent of the Board of Regents the Smithsonian Insti- tution. P. Kogod as a citizen regent of the Board of Regents the Smithsonian Institution. 1986 to extend the funding and expendi- ture authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improve- ment program, and for other purposes. Postal Service located at 4865 Tallmadge Road in Rootstown, Ohio, as the ‘‘Marine Sgt. Jeremy E. Murray Post Office’’. Postal Service located at 95 Dogwood Street in Cary, Mississippi, as the ‘‘Spencer Byrd Powers, Jr. Post Office’’. tor of the Federal Bureau Investigation. To provide for an additional temporary ex- To designate the facility of United States To amend the Internal Revenue Code of To provide for an additional temporary ex- To authorize appropriations for fiscal year Providing for the reappointment of Shirley Providing for the reappointment of Robert To amend the Internal Revenue Code of To designate the facility of United States To designate the facility of United States To extend the term of incumbent Direc- To provide for budget control ...... S. 365 Feb. 16,

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D217 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Aug. 3, Aug. 5, Aug. 12, Sept. 16, Sept. 16, Sept. 23, Sept. 30, Sept. 30, Sept. 30, Sept. 30, Oct. 5, Oct. 5, Oct. 12, Oct. 12, Oct. 21, Oct. 21, Oct. 21, Oct. 21, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 July 21, Aug. 5, Aug. 1, Sept. 8, Sept. 15, July 26, Sept. 26, Sept. 26, Sept. 22, Sept. 23, July 28, Sept. 23, Oct. 4, Oct. 4, Sept. 22, Oct. 12, Oct. 12, Oct. 12, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 81 ...... May 23, 2, June 91 74 ...... 0 Sept. 21, 2011 2011 ...... July 20, ...... 98 ...... June ...... 23, Sept. 13, ...... 210 ...... Sept...... 21, ...... Sept. 21, ...... 209 ...... Sept. 20, ...... 239 ...... Oct...... 12, 237 ...... Oct. 12, 238 ...... Oct. 12, Sept. 7, 2011 2011 2011 2011 2011 2011 2011 2011 June 1, Sept. 19, VA VA May 20, May VA 1, TI WM EC ...... 20, ...... Aug. Jud Bud TI WM TI EPW 22, 26, EC ...... July 26, ...... May App ...... Sept. WM Bud 15, WM Bud SB ...... VA Sept...... July 7, OGR HS&GA 6, OGR HS&GA 6, 6, WM ...... 21, ...... WM Oct...... Sept. June WM Oct. 21, ...... WM Oct...... June 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 H.R. 1383 Apr. 6, Apr. H.R. 1383 15, July H.R. 2553 1, Aug. 30, H.R. 2715 14, 12, Mar. Sept. H.R. 1249 Apr. H.R. 2887 26, S. 846 26, May 12, May H.R. 2005 Sept. H.R. 2017 15, H.R. 2883 Sept. 21, H.R. 2943 26, July July H.R. 2608 17, H.R. 2646 Feb. 15, H.R. 771 Apr. 2, H.R. 1632 Sept. 3, Oct. 3, H.R. 2832 Oct. 3, H.R. 3080 Oct. H.R. 3078 H.R. 3079 tion and fees for programs of education at non-public institutions of higher learning pursued by individuals enrolled in the Post-9/11 Educational Assistance Program of the Department Veterans Affairs be- fore the enactment of Post-9/11 Vet- erans Educational Assistance Improvements Act of 2010, and for other purposes. 1986 to extend the funding and expendi- ture authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improve- ment program, and for other purposes. Commission with greater authority and discretion in enforcing the consumer prod- uct safety laws, and for other purposes. provide for patent reform. transportation programs, and for other pur- poses. located at 80 Lafayette Street in Jefferson City, Missouri, as the Christopher S. Bond United States Courthouse. of 2006. year 2012, and for other purposes. curity Act to extend the child and family services program through fiscal year 2016, and for other purposes. States for temporary assistance needy families and related programs through De- cember 31, 2011. year 2012, and for other purposes. Affairs major medical facility projects and leases, to extend certain expiring provisions of law, and to modify certain authorities the Secretary of Veterans Affairs, and for other purposes. Postal Service located at 1081 Elbel Road in Schertz, Texas, as the ‘‘Schertz Veterans Post Office’’. Postal Service located at 5014 Gary Ave- nue in Lubbock, Texas, as the ‘‘Sergeant Chris Davis Post Office’’. erences, and for other purposes. Trade Agreement. Trade Promotion Agreement. Trade Promotion Agreement. To temporarily preserve higher rates for tui- To amend the Internal Revenue Code of To provide the Consumer Product Safety To amend title 35, United States Code, to To provide an extension of surface and air To designate the United States courthouse To reauthorize the Combating Autism Act Making continuing appropriations for fiscal To amend part B of title IV the Social Se- To extend the program of block grants to Making continuing appropriations for fiscal To authorize certain Department of Veterans To designate the facility of United States To designate the facility of United States To extend the Generalized System of Pref- To implement the United States-Korea Free To implement the United States-Colombia To implement the United States-Panama

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D218 CONGRESSIONAL RECORD — DAILY DIGEST 44 45 46 47 48 49 50 51 52 53 54 55 No. 112– proved 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Oct. 21, Nov. 7, Nov. 7, Nov. 7, Nov. 7, Nov. 7, Nov. 7, Nov. 9, Nov. 9, Nov. 9, Nov. 12, Nov. 18, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Oct. 6, Oct. 18, Oct. 18, Oct. 20, Oct. 20, Oct. 20, Oct. 20, Oct. 31, Nov. 3, Oct. 19, Nov. 3, Nov. 1, House Senate Date ap- Date House Senate 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 112– Senate 17 0 Feb. 28, Feb. 17 0 101 73 June 16, June 101 73 112– ...... 0 July ...... 30, 0 July 30, ...... 0 July ...... 30, 0 July 28, ...... 44 Nov. 2, ...... 92 Nov. 4, 2011 2011 2011 2011 2011 2011 2011 2011 ...... 160 ...... Oct...... 3, 164 ...... Oct. 3, ...... 247 ...... Oct. 24, Oct. 17, Sept. 7, 2011 2011 2011 2011 2011 July 20, Jud Feb. 28, Jud Feb. 1, VA ...... Aug. HS&GA ...... 3, Nov. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Jud ...... Sept. 20, 20, Jud ...... NR July Sept. Agr NR OGR HS&GA 19, OGR HS&GA Oct. 19, Oct. OGR HS&GA 19, OGR HS&GA Oct. 14, 19, Jud Oct. Bud NR Oct. 3, June App Date intro- duced 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 H.R. 2944 Sept. 15, 26, Sept. Jan. H.R. 2944 17, H.R. 489 Feb. H.R. 765 11, May 24, H.R. 1843 May 31, H.R. 1975 May 13, H.R. 2062 June 20, H.R. 2149 Jan. 18, H.R. 368 5, Feb. May H.R. 818 2, S. 894 Aug. S. 1487 3, June H.R. 2112 Title Bill No. Title Bill the functions of United States Parole Commission, and for other purposes. the Interior with respect to C.C. Cragin Dam and Reservoir, for other purposes. mit Act of 1986 to clarify the authority the Secretary of Agriculture regarding ad- ditional recreational uses of National Forest System land that is subject to ski area per- mits, and for other purposes. Postal Service located at 489 Army Drive in Barrigada, Guam, as the ‘‘John Pangelinan Gerber Post Office Building’’. Postal Service located at 281 East Colorado Boulevard in Pasadena, California, as the ‘‘First Lieutenant Oliver Goodall Post Of- fice Building’’. Postal Service located at 45 Meetinghouse Lane in Sagamore Beach, Massachusetts, as the ‘‘Matthew A. Pucino Post Office’’. Postal Service located at 4354 Pahoa Ave- nue in Honolulu, Hawaii, as the ‘‘Cecil L. Heftel Post Office Building’’. clarify and improve certain provisions relat- ing to the removal of litigation against Federal officers or agencies to courts, and for other purposes. allow for prepayment of repayment con- tracts between the United States and Uintah Water Conservancy District. provide for an increase, effective December 1, 2011, in the rates of compensation for veterans with service-connected disabilities and the rates of dependency indemnity compensation for the survivors of certain disabled veterans, and for other purposes. curity, in coordination with the Secretary of State, to establish a program issue Asia-Pacific Economic Cooperation Busi- ness Travel Cards, and for other purposes. Departments of Agriculture, Commerce, Justice, Transportation, and Housing Urban Development, and related programs for the fiscal year ending September 30, 2012, and for other purposes. To provide for the continued performance of To clarify the jurisdiction of Secretary To amend the National Forest Ski Area Per- To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To amend title 28, United States Code, to To direct the Secretary of Interior to To amend title 38, United States Code, to To authorize the Secretary of Homeland Se- Making consolidated appropriations for the

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D219 56 57 58 59 60 61 62 63 64 65 66 67 68 69 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Nov. 21, Nov. 21, Nov. 23, Nov. 23, Nov. 23, Nov. 29, Nov. 29, Dec. 7, Dec. 13, Dec. 13, Dec. 13, Dec. 16, Dec. 17, Dec. 19, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Nov. 10, Sept. 26, Nov. 10, Nov. 9, Oct. 20, Nov. 17, Oct. 31, Oct. 31, Dec. 1, Nov. 18, Oct. 6, Dec. 16, Dec. 17, Nov. 2, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 10 0 Feb. 28, Feb. 10 0 141 ...... Aug. 1, 7, Dec. 298 59 ...... 82 Nov. 1, ...... 0 Nov. 14, ...... 0 Nov. 18, 2011 2011 2011 2011 2011 ...... 253 ...... Oct. 27, ...... 256 ...... Nov. 29, Oct. 17, Aug. 30, 2011 2011 2011 2011 2011 ...... Dec. 16, ...... Dec. 16, Jud July 8, Jud July 17, Jud ...... Oct. Jud ...... 6, ...... Dec. WM Oct. 18, WM Oct. FA FR 21, Sept. Jud Bud 4, FS BHUA OGR HS&GA 19, TI ...... Oct...... 25, ...... 18, ...... Nov...... 11, Oct. Feb. Jud Jud Oct. Jud 1, Dec. NR ENR 6, ...... Dec. 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 H.R. 674 Feb. 11, Feb. H.R. 674 27, June S. 1280 24, Jan. H.R. 398 25, 7, July July H.R. 2447 2, S. 1412 Nov. 3, H.R. 3321 Oct. 24, Jan. S. 1637 15, June H.R. 394 H.R. 2192 12, Sept. 3, Oct. S. 1541 S. 1639 9, 16, Dec. Mar. H.J. Res. 94 16, Dec. H.J. Res. 95 S. 535 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities, to modify the calculation of modified adjusted gross income for purposes of determining eligi- bility for certain healthcare-related pro- grams, and for other purposes. sexual assault risk-reduction and response training, the development of a sexual as- sault policy, the establishment of an Office of Victim Advocacy, the establishment a Sexual Assault Advisory Council, and for other purposes. Act to toll, during active-duty service abroad in the Armed Forces, periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status, and other purposes. Montford Point Marines. Postal Service located at 462 Washington Street, Woburn, Massachusetts, as the ‘‘Of- ficer John Maguire Post Office’’. of the 34th America’s Cup by authorizing certain eligible vessels to participate in ac- tivities related to the competition, and for other purposes. to which United States officers or employ- ees are parties. clarify the jurisdiction of Federal courts, and for other purposes. from the application of means-test pre- sumption of abuse under chapter 7, quali- fying members of reserve components the Armed Forces and members of Na- tional Guard who, after September 11, 2001, are called to active duty or per- form a homeland defense activity for not less than 90 days. Star Mothers of America, Inc. to reflect a change in eligibility requirements for membership. authorize the American Legion under its Federal charter to provide guidance and leadership to the individual departments and posts of the American Legion, for other purposes. fiscal year 2012, and for other purposes. fiscal year 2012, and for other purposes. lease certain lands within Fort Pulaski Na- tional Monument, and for other purposes. To amend the Internal Revenue Code of To amend the Peace Corps Act to require To amend the Immigration and Nationality To grant the congressional gold medal to To designate the facility of United States To facilitate the hosting in United States To clarify appeal time limits in civil actions To amend title 28, United States Code, to To exempt for an additional 4-year period, To revise the Federal charter for Blue To amend title 36, United States Code, to Making further continuing appropriations for Making further continuing appropriations for To authorize the Secretary of Interior to

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D220 CONGRESSIONAL RECORD — DAILY DIGEST 70 71 72 73 74 75 76 77 78 79 80 81 82 No. 112– proved 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2012 Dec. 19, Dec. 19, Dec. 20, Dec. 20, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 31, Jan. 3, 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Nov. 2, Sept. 26, Oct. 18, Dec. 8, July 20, Dec. 13, Dec. 15, Dec. 17, Dec. 23, Nov. 2, Dec. 5, Dec. 1, Dec. 14, House Senate Date ap- Date House Senate 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 112– Senate 94 29 June 14, June 94 29 78 ...... May 26, 149 ...... Nov. 2, 112– ...... 60 Dec. 7, ...... 51 Dec. 16, ...... 97 Dec. 13, 2011 2011 2011 2011 ...... 159 ...... Oct. 3, ...... Dec. 16, ...... Dec. 23, June 30, 2011 2011 2011 2011 July 20, ENR ...... Aug. 30, ENR ...... Aug. Jud ...... 6, ...... Dec. 30, ENR ...... Aug. 6, 29, HS&GA ...... Nov. FR ...... July Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House OGR HS&GA July 18, NR Bud July OGR HS&GA 14, 31, May App FA FR FS ...... Dec. App Bud 15, WM ...... EC TI ...... NR Sept. FA FS Bud 17, May AS FA Jud FS Date intro- duced 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 S. 683 Mar. 30, Mar. S. 683 28, June 26, S.J. Res. 22 Jan. 31, H.R. 470 May 31, H.R. 2061 May 8, H.R. 2055 Sept. 14, H.R. 2867 Nov. 14, H.R. 3421 Dec. 23, H.R. 3672 Dec. 3, H.R. 3765 Feb. 17, Feb. S. 278 14, S. 384 Apr. H.R. 1540 26, Jan. H.R. 515 Title Bill No. Title Bill cels of land to the town Mantua, Utah. amendment to the compact between States of Missouri and Illinois providing that bonds issued by the Bi-State Develop- ment Agency may mature in not to exceed 40 years. ability of hydroelectric power generated at Hoover Dam, and for other purposes. States flag on behalf of Federal civilian em- ployees who die of injuries incurred in con- nection with their employment. tion, the Department of Veterans Affairs, and related agencies for the fiscal year end- ing September 30, 2012, and for other purposes. Freedom Act of 1998, and for other pur- poses. honor of the men and women who perished as a result of the terrorist attacks on United States on September 11, 2001. quirements for the fiscal year ending Sep- tember 30, 2012, and for other purposes. ployment compensation, Medicare physi- cian payment, provide for the consideration of the Keystone XL pipeline, and for other purposes. located in the Arapaho-Roosevelt National Forests in the State of Colorado, and for other purposes. extend the authority of United States Postal Service to issue a semipostal raise funds for breast cancer research. 2012 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military per- sonnel strengths for such fiscal year, and for other purposes. 2004. To provide for the conveyance of certain par- To grant the consent of Congress to an To further allocate and expand the avail- To authorize the presentation of a United Making appropriations for military construc- To reauthorize the International Religious To award Congressional Gold Medals in Making appropriations for disaster relief re- To extend the payroll tax holiday, unem- To provide for the exchange of certain land To amend title 39, United States Code, to To authorize appropriations for fiscal year To reauthorize the Belarus Democracy Act of

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 0668 Sfmt 0668 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST CONGRESSIONAL RECORD — DAILY DIGEST D221 83 84 85 86 87 88 89 90 2012 2012 2012 2012 2012 2012 2012 2012 Jan. 3, Jan. 3, Jan. 3, Jan. 3, Jan. 3, Jan. 3, Jan. 3, Jan. 3, Technology Entrepreneurship Infrastructure 2011 2011 2011 2011 2011 2011 2011 2011 Dec. 17, Nov. 17, Dec. 17, Dec. 12, Dec. 14, Nov. 17, Dec. 17, Dec. 13, SST Space, and ...... Science, Business SB ...... Small and Business SBE ...... Small and TI ...... Transportation Affairs VA ...... Veterans’ WM and Means ...... Ways 2011 2011 2011 2011 2011 2011 2011 2011 189 0 Sept. 12, Sept. 189 0 271 ...... Nov. 29, 182 ...... July 28, Government Reform Administration ...... 0 July 29, ...... 0 Nov. 14, 2011 2011 2011 HA ...... House Administration HA ...... House Affairs IA ...... Indian Int ...... Intelligence Jud ...... Judiciary Resources NR ...... Natural and OGR ...... Oversight R ...... Rules R ...... Rules and RAdm ....Rules ...... 325 ...... Dec. 14, ...... 197 ...... Sept. 9, ...... 297 ...... Dec. 12, Nov. 15, 2011 2011 2011 2011 2011 2011 Dec. 1, Labor, and Pensions Governmental Affairs Eth ...... Ethics Eth ...... Ethics Fin ...... Finance Services FS ...... Financial Affairs FA ...... Foreign Relations FR ...... Foreign Education, HEL&P ..Health, Security HS ...... Homeland and Security HS&GA ..Homeland Jud HS&GA July 29, 12, OGR HS&GA July 15, Jud HS&GA Dec. TI Dec. 2, 4, Nov. HS CST Int Sept. 26, July FS BHUA OGR HS&GA 15, TI Dec. EC TABLE OF COMMITTEE ABBREVIATIONS 2011 2011 2011 2011 2011 2011 2011 2011 Transportation Workforce Resources Public Works H.R. 789 Feb. 17, Feb. 14, H.R. 789 Mar. 30, H.R. 1059 Mar. H.R. 1264 10, May 13, May H.R. 1801 H.R. 1892 31, May 6, H.R. 2056 July 7, H.R. 2422 Sept. H.R. 2845 CST Science and ...... Commerce, the and E&W ...... Education Commerce and EC ...... Energy Natural and ENR ...... Energy and EPW ...... Environment and Forestry Urban Affairs .–The bill in parentheses is a companion measure. OTE Postal Service located at 20 Main Street in Little Ferry, New Jersey, as the ‘‘Sergeant Matthew J. Fenton Post Office’’. the authority of Judicial Conference to redact sensitive information contained in their financial disclosure reports, and for other purposes. United States Federal Courthouse and the Ed Jones Building located at 109 South Highland Avenue in Jackson, Tennessee, as the ‘‘M.D. Anderson Plaza’’ and to author- ize the placement of a historical/identifica- tion marker on the grounds recognizing the achievements and philanthropy of M.D. Anderson. provide for expedited security screenings for members of the Armed Forces. 2012 for intelligence and intelligence-re- lated activities of the United States Gov- ernment, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System, for other purposes. eral Deposit Insurance Corporation to study the impact of insured depository in- stitution failures, and for other purposes. Postal Service located at 45 Bay Street, Suite 2, in Staten Island, New York, as the ‘‘Sergeant Angel Mendez Post Office’’. provide for enhanced safety and environ- mental protection in pipeline transpor- tation, to provide for enhanced reliability in the transportation of Nation’s en- ergy products by pipeline, and for other purposes. N To designate the facility of United States To protect the safety of judges by extending To designate the property between To amend title 49, United States Code, to To authorize appropriations for fiscal year To instruct the Inspector General of Fed- To designate the facility of United States To amend title 49, United States Code, to AG ...... Aging AG ...... Aging Agr ...... Agriculture Nutrition, ANF ...... Agriculture, App ...... Appropriations Services AS ...... Armed and Housing, BHUA ....Banking, Bud ...... Budget

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 0660 Sfmt 0660 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST D222 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 8 10 a.m., Thursday, March 8

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 3606—Reopening American Capital Markets to Emerg- will continue consideration of S. 1813, Moving Ahead for ing Growth Companies Act. Progress in the 21st Century, with a series of votes at a time to be determined by the two Leaders.

Extensions of Remarks, as inserted in this issue

HOUSE Burton, Dan, Ind., E331 McCollum, Betty, Minn., E330 Coffman, Mike, Colo., E330 McMorris Rodgers, Cathy, Wash., E325 Aderholt, Robert B., Ala., E331 Costa, Jim, Calif., E328 Maloney, Carolyn B., N.Y., E330 Amodei, Mark E., Nev.,E332 Gonzalez, Charles A., Tex., E325, E327, E330, E333 Matsui, Doris O., Calif., E330 Barletta, Lou, Pa., E325, E326 Goodlatte, Bob, Va., E329 Moore, Gwen, Wisc., E332 Bass, Charles F., N.H., E325 Granger, Kay, Tex., E334 Olson, Pete, Tex., E334, E334, E335 Blumenauer, Earl, Ore., E330 Hastings, Alcee L., Fla., E326 Peters, Gary C., Mich., E334 Bonner, Jo, Ala., E327, E329, E331, E333 Holden, Tim, Pa., E328, E333 Reed, Tom, N.Y., E335 Boren, Dan, Okla., E326 Latham, Tom, Iowa, E325 Young, Todd C., Ind., E327

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

VerDate Mar 15 2010 05:52 Mar 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 0664 Sfmt 0664 E:\CR\FM\D07MR2.REC D07MRPT1 pwalker on DSK7TPTVN1PROD with DIGEST