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

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

Vol. 157 WASHINGTON, WEDNESDAY, MARCH 2, 2011 No. 30 House of Representatives The House met at 10 a.m. and was For some reason, their moral sen- ican lives. Our surviving servicemen called to order by the Speaker pro tem- sibilities are not offended by a military and -women are coming home with dev- pore (Mr. YODER). conflict that has cost us hundreds of astating physical and psychological f billions of dollars and 1,500 of our brav- wounds. Yet the majority party, so en- est, bravest people without advancing thusiastic in its support for Afghani- DESIGNATION OF SPEAKER PRO national security objectives or truly stan spending, wants to eliminate a TEMPORE diminishing the terrorist threat at the homeless veterans initiative. The SPEAKER pro tempore laid be- same time. That’s their version of morality: fore the House the following commu- So how are my colleagues on the Send young Americans halfway around nication from the Speaker: other side of the aisle resolving their the world to be chewed up and trauma- WASHINGTON, DC, moral dilemma? By asking corporate tized. Then pull the plug on the sup- March 2, 2011. special interests to give up handouts port they need when they get home. I hereby appoint the Honorable KEVIN and tax breaks? By asking the wealthi- That’s what they call supporting the YODER to act as Speaker pro tempore on this est Americans to give back more to the troops. day. Nation that has given them so much The majority could kill the prover- JOHN A. BOEHNER, opportunity? bial two birds with one stone if they Speaker of the House of Representatives. Nope. By their moral calculations, wanted. They could just about solve f the answer is to demand sacrifice from their debt crisis by bringing our troops MORNING-HOUR DEBATE the very Americans who are bearing home and ending the moral stain on the brunt of this recession—from the our Nation—that is the Afghanistan The SPEAKER pro tempore. Pursu- people and communities who depend war. ant to the order of the House of Janu- upon public investment. Their moral Somehow, I’m not holding my ary 5, 2011, the Chair will now recog- compass tells them to cut vital pro- breath. Until the Speaker and my Re- nize Members from lists submitted by grams to the bone or eliminate them publican colleagues are prepared to the majority and minority leaders for altogether: food safety, family plan- show moral courage on Afghanistan, I morning-hour debate. ning, health research, public housing, refuse to take their moral outrage The Chair will alternate recognition transportation infrastructure, college about the deficit seriously. between the parties, with each party aid, and on and on. f limited to 1 hour and each Member There was an article in my home other than the majority and minority newspaper over the weekend about how DAUGHTERS OF THE AMERICAN leaders and the minority whip limited local health clinics could be devastated REVOLUTION to 5 minutes each, but in no event shall by these cuts. California alone stands The SPEAKER pro tempore. The debate continue beyond 11:50 a.m. to lose nearly $13 million in homeland Chair recognizes the gentleman from f security grants needed to train and Georgia (Mr. WESTMORELAND) for 5 equip first responders. The Republican minutes. THE ‘‘MORAL THREAT’’ IN budget cuts also, according to one Mr. WESTMORELAND. Mr. Speaker, AFGHANISTAN study, would destroy 700,000 jobs—but in October of 1890, four women, linked The SPEAKER pro tempore. The that’s not keeping the Speaker up at by their common lineage to heroes in Chair recognizes the gentlewoman from night. He sees Americans out of work, the American Revolution, joined 18 California (Ms. WOOLSEY) for 5 min- and instead of saying this is a moral others to organize the Daughters of the utes. threat, he says, ‘‘So be it.’’ American Revolution. These founders Ms. WOOLSEY. In a speech this past In what moral universe, I ask you, began a campaign to serve the country weekend to our religious broadcasters, Mr. Speaker, does it make sense to de- through the preservation of American the Speaker of the House called the stroy jobs at home but send more history. Since its founding, the Daugh- Federal debt ‘‘a moral threat’’ to our Americans to die in a senseless war ters of the American Revolution has Nation. It’s an interesting choice of abroad? expanded to nearly 3,000 chapters and words from the leader of the House ma- Programs like COPS and Head Start, over 850,000 members around the world. jority, who has been a cheerleader for which the majority wants slashed, save In the middle of an era ripe with in- the Nation’s most morally objection- lives. The war in Afghanistan, which equality for women, this organization able policy of all—the disastrous, des- isn’t even on the table in this budget flourished on a strong foundation of picable war in Afghanistan. debate, has ended nearly 1,500 Amer- pride for the men and women who

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

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VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.000 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1458 CONGRESSIONAL RECORD — HOUSE March 2, 2011 fought to gain American independence. report, entitled ‘‘Human Rights Crisis to silence so many in Puerto Rico who Theirs is a rich history, filled with pain Puerto Rico: First Amendment disagree with your government—will triotism, self-sacrifice, and a dedica- Under Siege’’ is searing. fail, just as every effort to blockade tion to education. For decades, the b 1010 progress only makes the march toward Daughters of the American Revolution justice more powerful and swift. has sponsored scholarships and sup- It details the complaints of students, I may not be Puerto Rican enough ported schools for the underprivileged. legislators, the press and the general for some people, but I know this: No- Their support has aided construction public who were beaten, and pepper- where on Earth will you find a people and the preservation of dozens of now sprayed by police; female students who harder to silence than Puerto Ricans. historic locations around the country. were treated with gross disrespect; and You won’t locate my love for Puerto Their scholarships have provided thou- the government’s overreaction to dem- Rico on my birth certificate or on my sands with the opportunity to attend onstrations at the university and at driver’s license or on my children’s institutes of higher education. Their the capitol over budget cuts and lay- birth certificate or any other piece of outreach programs recognize and en- offs. paper. My love for Puerto Rico is right courage service to their country and to This next picture, this is the capitol here in my heart, a heart that beats their communities; and on March 15, in San Juan, Puerto Rico, surrounded with our history and our language and the John Houstoun chapter of the Na- by riot police as people attempted to our heroes, a place where, when I tional Society of Daughters of the gain entrance to the same assembly as moved there as a teenager, people American Revolution will observe its this one here today, and this is how talked and argued and debated because 100th anniversary in the city of they were met by the police. This is we care deeply about our island and its Thomaston, Georgia. how the police dealt with protesters. future. That is still true today. That Mr. Speaker, I come to the House The images of police tactics and be- freedom is still beating in the hearts of floor today to celebrate, with the havior in these photos explain why our university students, working men and Houstoun chapter, 100 years of service Department of Justice is investigating women, labor leaders, lawyers and en- to the great State of Georgia. the Puerto Rican police for excessive vironmentalists, and every person who For a group devoted to the promotion force and unconstitutional searches as believes in free speech. You will not si- of American history, it is with great we speak today. How could you see lence them, and you will not silence pleasure that I am able to honor the these images and not speak out? I was me. years of education, historic preserva- hardly the first to speak out about Abraham Lincoln, a leader who val- tion, patriotism, and service that the these matters, and I probably won’t be ued freedom above all else, said, Daughters of the American Revolution the last. Here it is, the Daily Sun in ‘‘Those who deny freedom to others de- has selflessly given to this great coun- Puerto Rico, ‘‘Sticks versus speech.’’ serve it not for themselves.’’ It’s good try. As a Member of Congress, it is more advice, and I hope the leaders of Puerto They trace their heritage back to the than my right, it is my obligation to Rico take it. very men and women who fought for speak out when fundamental freedoms Mr. Speaker, I would like to enter American independence from British are attacked. And what was the re- the ACLU report titled ‘‘Human Rights tyranny. Each member must prove sponse to my free speech defending the Crisis in Puerto Rico: First Amend- blood relation to a Revolution Patriot, right of the Puerto Rican people to be ment Under Siege’’ into the RECORD, as and throughout the years, a vast col- heard? It was to challenge my right to well as a statement by the president of lection of family histories has been be heard here in the halls of Congress. the Service Employees International compiled and preserved for our chil- The Resident Commissioner of Puerto Union and the essay, ‘‘Exposing the dren and our grandchildren to appre- Rico said in this very body that he is Shadows of Civil Rights in Puerto ciate. With the motto ‘‘God, home, and the only one authorized to speak about Rico’’ by the National Puerto Rican country,’’ this nonprofit and nonpoliti- Puerto Rico at any time. Coalition. cally aligned organization has posi- This week, the Puerto Rican Legisla- HUMAN RIGHTS CRISIS IN PUERTO RICO; FIRST tively impacted hundreds of thousands ture debated a resolution of censure— AMENDMENT UNDER SIEGE of lives. yes, censure—condemning me for (By the American Civil Liberties Union of I am very proud to represent several speaking out against these very abuses. Puerto Rico National Chapter) National Society of Daughters of the A leading member of the ruling party While the world celebrates the democratic American Revolution chapters in the even said, GUTIERREZ wasn’t born in revolution in Egypt, major violations of Third Congressional District of Geor- Puerto Rico, his kids weren’t born in basic human rights are occurring in our own gia. I know Thomaston, Georgia, is es- backyard. Since Governor of Puerto Rico Puerto Rico. GUTIERREZ doesn’t plan to pecially grateful for the Houstoun Luis Fortun˜ o came into power two years die and be buried in Puerto Rico, so chapter’s presence in their community, ago, free speech has been under all out as- GUTIERREZ doesn’t have the right to and so am I. sault. The following events have taken place speak about Puerto Rico. recently: f Well, let me tell you something, if Thousands of public workers have been laid HUMAN RIGHTS CRISIS IN PUERTO you see injustice anywhere, it is not off and had their union contracts termi- RICO: FIRST AMENDMENT UNDER only your right but your duty to speak nated, leading to tens of thousands of people SIEGE about it. We don’t speak about injus- peacefully protesting over the past year. One event turned out over 100,000 peaceful The SPEAKER pro tempore. The tice or apartheid or human rights protestors and while in NYC hundreds Chair recognizes the gentleman from abuses or the denial of rights of women marched on May Day, in Puerto Rico May Illinois (Mr. GUTIERREZ) for 5 minutes. in places around the world because we Day turned out an estimated 30,000 citizens. Mr. GUTIERREZ. Mr. Speaker, 2 ourselves were born there. That would At a protest at the steps of the Capital weeks ago, I spoke about a serious be silly. Where we see injustice we Building over the closing of access to legisla- problem in Puerto Rico. The problem is speak out because it is the right thing tive sessions, access that is constitutionally mandated, protesters were beaten merci- the systematic effort by the ruling to do. Ironically, by questioning my right lessly, pepper sprayed and shot at by Puerto party to deny the right of the people to Rico Police. The same has occurred at other speak freely, to criticize their govern- to speak out on behalf of free speech, locations. ment openly, and to make their voices they have made my point crystal clear. At most events young women are the first heard. By challenging my free speech, they to be targeted for police violence. At the I talked about student protests that have amplified the words of my 5- University of Puerto Rico, female students, have been met with resistance by the minute speech more than if I had spo- many of whom were beaten, were also sexu- Puerto Rico police. I talked about ken for 5 hours. ally harassed, groped and assaulted (touched) And it is their right, my critics have by police. Students have been mercilessly closed meetings of the legislature and beaten, maced and shot at with rubber bul- about the efforts to silence and destroy the right of free speech even as they lets. Citizens have accused, which images the local bar association. deny the same right to others, but I captured confirm, police of applying torture I was not the first to speak about it, want them to understand this: Your ef- techniques on immobilized student pro- and I could have said much more. This forts to silence me—just as your efforts testers. In the past two years, there have

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.002 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1459 been several riots at protests in and around by Puerto Rico Police agents, over 10,000 Union (SEIU), issued this statement today the University of Puerto Rico. Many pro- alumnus, parents, grandparents, family concerning the actions of the Puerto Rico testers have accused the police of causing members and other citizens took to the Riot Squad in response to a non-violent pro- the riots, which some videos also seem to streets and marched over to reclaim the UPR test led by university students at Puerto confirm. campus, demanding that the PRPD be imme- Rico’s Capitol in San Juan on Wednesday, Since taking the oath of office, the current diately ordered off campus. June 30. administration, which owns all three See news video: http://www.primer ‘‘The right of individuals to openly and branches of government, has set out to quash ahora.com/milesseunencontralacuotayla freely voice their dissent forms the founda- Freedom of Expression. In Puerto Rico, Ex- invasionpoliciacaenlaupr-474118.html. tion of a responsive, vibrant democracy. As In addition to the debacle and related vio- pression has been in the form of protests working men and women throughout the is- lence at the University of Puerto Rico, in against government policies, such as the fir- land of Puerto Rico have shared their first- the past two years legislation has been ing of approximately 26,000 workers in total, hand reports of the events that took place at passed that would prohibit protests at con- privatizing government, closing off access to the Capitol this week, we are deeply con- public information and legislative sessions, struction sites and most recently at any government building that renders educational cerned that the actions of the police, and of attempting to close down the university FM the Puerto Rican government, were driven to radio station during periods of civil unrest services and other locations rendering government services, under penalty of criminal stifle and repress the voices of these univer- and going after the Puerto Rico Bar Associa- sity students and citizens. tion, which was a mandatory integrated Bar prosecution. and is Puerto Rico’s oldest institution. The The Puerto Rico Bar Association was re- ‘‘What is even more troubling—the govern- 171 year old Puerto Rico Bar Association cently de-certified through legislation which ment’s questionable use of force and the in- (Colegio de Abogados de Puerto Rico) has the governor signed into law, which all but timidation of citizens appear to be esca- historically been a known focal point for lib- shut down operations. Several lawyers lating on the island and no one is immune: eral dissent against government policies. aligned with the views of the current admin- journalists, gay men and women, our union Puerto Rico Governor Fortun˜ o, who is con- istration pushed for de-certification and had brothers and sisters, and activists from sidered a rising star in the Republic Party, previously sued the Bar Association in fed- every field who seek to make their voices has publicly committed to not allowing what eral court alleging that the Bar was forcing heard and improve their lives and their com- he calls ‘‘extreme left’’ protests and expres- them to purchase an unwanted insurance munities. sion. On Friday, February 11, 2011, Governor policy; its $78.00 per year cost was paid from ‘‘I am certain that many members of the Fortun˜ o spoke about his administration’s Bar Association dues. Bar members were U.S. media and many leaders in Washington policies while speaking at a Conservative Po- never informed of the particulars of the law- are completely unaware of the disturbing ´ ´ litical Action Conference of the American suit and Federal Judge Jose Antonio Fuste events that took place Wednesday. I pledge Conservative Union (ACU) in Washington, issued a GAG order prohibiting the disclo- that the more than 2.2 million members of DC, an activity attended by members of the sure of important aspects of the case to Bar SEIU, many of whom live in or were born in National Rifle Association, the Tea Party class members. Puerto Rico, will change this by speaking The Puerto Rico Bar Association is not and the John Birch Society. out on behalf of the rights of the citizens of being allowed to inform and counsel Bar At the University of Puerto Rico all forms this island and calling upon their elected members about their right to opt out of the of expression have been prohibited, through representative in Congress to fully inves- lawsuit. Thousands of lawyers are not even a Resolution issued by UPR Chancellor Ana tigate the events of June 30. sure why they are a part of this lawsuit. It Guadalupe; a resolution which Governor Luis is believed that an English language notice ‘‘When the lives and livelihoods of the peo- Fortun˜ o ordered armed police officers to en- on the right to opt out of the lawsuit may ple of Vieques were threatened by U.S. Naval force. On Wednesday, February 9, 2011, a not be sufficient guarantee that Bar mem- bombing, SEIU members throughout Puerto group of students participated in civil dis- bers will fully understand the ramifications Rico, the U.S. and Canada helped share their obedience on campus, consisting of a paint- of their actions. Many members of the Bar struggle to the international community. in. During the paint-in, students peacefully have limited English skills, particularly law- Today, we stand ready to do this once again and without interrupting the educational yers in the smaller and rural towns. and join our hearts and voices in service to process painted messages of protest in a lim- The newly elected President of the now the people of Puerto Rico. ited area of the street at the front of the voluntary Puerto Rico Bar Association ‘‘To the university students and their fam- main library, in defiance of the Chancellor’s (Colegio de Abogados de Puerto Rico), ilies, and to all who are fighting for democ- absolute prohibition on any form of protest. Osvaldo Toledo, was jailed on Friday, Feb- racy and equality for all the citizens of Puer- Students immediately came under extreme ruary 11, 2011, at a federal detention center to Rico, know that we stand with you, and physical and violent attack by members of in Puerto Rico, where he remains on con- you are not alone.’’ the police force’s elite and heavily armed tempt of a court charges for refusing to pay SWAT and Riot Squad teams. a $10,000 fine imposed on him for having While the ACLU is looking to file charges counseled Bar members who insist that they [From Capital Wire PR, Mar. 1, 2011] on Human Rights violations and evaluating have a right to know the particulars of the OP ED: EXPOSING THE SHADOWS OF CIVIL other legal options, the Puerto Rico Daily suit and procedure for opting out. RIGHTS IN PUERTO RICO Sun, a conservative English language news- Federal Judge Jose´ Antonio Fuste´’s GAG paper, published a damming editorial in order extends not only to the President of (By Rafael A. Fantauzzi) which it called for the resignation of the uni- the Puerto Rico Bar Association, but also WASHINGTON, DC.—I find it peculiar how we versity’s president, chancellors and the board members, administrators, agents and Puerto Ricans continuously complain about Board of Trustees. On Friday, February 11, servants. The Executive Director of the our lack of voice and power in Congress, but 2011, President Ramon De la Torres’ resigna- American Civil Liberties Union in Puerto when any Island issue is discussed on the tion was unanimously accepted by the Board Rico, William Ramirez, had previously been floor someone always jumps at the oppor- of Trustees. However, the Board Chairperson, warned by the Bar that he may not be able tunity to cry foul. As a collective, we all Ygrı´ Rivera, immediately stated that she to speak out against what is held to be an in- should praise the efforts by any Member of will not be removing armed Puerto Rico Po- justice and First Amendment infringement. Congress to elevate our issues in the halls of lice officers from the University of Puerto Speaking out in defiance of the federal court democracy. Freedom of speech is paramount Rico campus. order may result in the arrest of anyone cov- to our democracy, but the approach that if In its editorial, the Puerto Rico Daily Sun, ered by the court’s GAG order and further stated that ‘‘[t]he indiscriminate aggression you are not one hundred percent with me fines imposed against the Puerto Rico Bar then you are against me has destroyed our of police riot squads against students, who Association. ability to collaborate and improve the eco- are exercising their constitutional rights in After studying the court’s order, we at the nomic and social stability of our people. public areas without interfering with any ACLU do not, at this time, believe that the academic or administrative activity, is a federal court order reaches class members or I assume that in a moment of frustration gross violation of their rights and an act other members of the Bar, including the staff and courage on February 16th Congressman comparable only to the acts of the dictator- and cooperating attorneys of the ACLU in Luis Gutierrez (D–Illinois) answered the call ships we all denounce and reject’’. The Daily Puerto Rico. However, we do believe the to leadership by denouncing the most recent Sun added that ‘‘[w]e do not want this new order to be unjust and believe it should be civil rights violations that occurred at the order, neither for our university, the Capitol, set aside. University of Puerto Rico and the abuse of La Fortaleza or our neighborhoods. We reject The ACLU will continue to fight for the power by federal Judge Fuste´ in helping dis- it with all our might, Exercising our freedom right to free speech and peaceful assembly in mantle the Puerto Rican Bar Association. I of speech, or freedom of association, is not a Puerto Rico and fully intends to take on any have not spoken with Congressman Gutierrez crime’’. challenges that it may face. about his action or intentions, but anytime As we say in Puerto Rico, ‘‘mas claro no a Member of Congress brings to the floor the canta un gallo’’ (it could not have been more SEIU CALLS FOR CONGRESSIONAL INVESTIGA- issues of my people, I see a glimmer of hope. clearly stated). TION OF PUERTO RICO RIOT POLICE ACTION Unfortunately, his delivery generated an On Sunday, February 12, 2011, just four WASHINGTON, DC.—Mary Kay Henry, Presi- overreaction by supporters of the local gov- days after students were mercilessly beaten dent of the Service Employees International ernment which in response spun his decry by

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.005 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1460 CONGRESSIONAL RECORD — HOUSE March 2, 2011 engaging in cultural divisiveness and the al- Mrs. MCMORRIS RODGERS. Mr. material, but to make herself available ways dynamic political rhetoric. I believe Speaker, I rise this morning to recog- to us outside of the classroom, to an- that Congressman Gutierrez had the right to nize Karma Hadjimichalakis. swer our questions and ensure our un- denounce the violations for the following Up until recently, Karma was the three reasons: (a) anyone of Puerto Rican de- derstanding and application of the scent or with family alive or deceased on the principal lecturer in business econom- course work. She challenged my study Island should care about their people; (b) ics and finance at the University of of economics and how to craft success- given the fact that around 46 percent of the Washington Foster School of Business. ful public policies in a free market population depends on federal assistance, She was the faculty director of the Pa- economy. Quite simply, they don’t any American that pays federal taxes is a cific Rim Bankers Program, and she come any better. shareholder for the well-being of the people was the Evert McCabe Faculty Fellow. I ask my colleagues to join me today of the territories; (c) lastly, any member of in recognizing Karma Hadjimichalakis the human race has the right to denounce She was also my professor while I was negligent human treatment, as we are doing earning my Executive MBA. for her four decades of excellent teach- for Libya. Last Monday, February 21, Karma ing, communicating knowledge with It is disappointing when politically biased passed away after a long illness, and as absolute generosity, boundless energy, commentaries like the ones made by Mr. her student, I wanted to acknowledge and endearing warmth. Karma’s impact Rafael Rodriguez on his recent op-ed calling her incredible accomplishments, both on thousands of students will endure Congressman Gutierrez ‘‘a paradoxical ob- professional and personal, over the for decades and in ways we will never structionist’’ are made. I believe Congress- completely know. And she will always man Gutierrez was trying to shed some light course of an extraordinary life. on the dark shadows of social deterioration Born on January 21, 1944 in Utica, have a special place in my heart. that our people are facing. This social dete- New York, Karma was educated at f rioration is the result of desperation and fear nearby Elmira College and earned mas- ATTACK ON MIDDLE CLASS that plagues our people. It is said that in ter’s and doctorate degrees at the Uni- AMERICANS Puerto Rico you cannot live, you can only versity of Rochester. She joined the survive (unless you are part of an elite that faculty at the University of Wash- The SPEAKER pro tempore. The controls the political and economic chan- ington in 1970, initially in the depart- Chair recognizes the gentleman from nels). It is this elite that believe they have California (Mr. GEORGE MILLER) for 5 the right to dictate what the people want or ment of economics, and then at the Foster School of Business. minutes. need. It is this elite that hide behind the face Mr. GEORGE MILLER of California. of congressional processes to manipulate the The turning point in her career was a political outlook of the Island. It is this elite 2-year stint as Visiting Economist at Mr. Speaker, I rise today to highlight a that engage in manipulating the information the Federal Reserve Board from 1980 to very serious and dangerous attack on instead of exposing the truth and generating 1982. In her work with the banking sec- middle class Americans being waged by trust. It is this elite that continues to en- the Republicans in the Congress and in tion of the Fed’s Division of Research large the gap between Puerto Ricans on the Statehouses across the country. and Statistics, Karma developed the mainland and those that remain on the Is- The Wisconsin Governor’s assault on land. It is this elite that call those who are ability to provide penetrating analysis public employees is getting most of the trying to defend the true elements of democ- that paints an accurate assessment of media attention, but it is just one of racy and human respect obstructionist. the current economic situation. In the fronts of the extreme right wing The issues of the Americans in Puerto Rico other words, she learned to find mean- and the territories are continuously over- and anti-worker agenda trying to be ing in the disparate data. carried out in this country. In fact, looked by the congressional collective. Even Karma’s time at the Fed also led her Presidents neglect to mention the people of there is a well-financed and coordi- to realize that teaching was her true the territories in their State of the Union nated national attack against working calling. She returned to the University speeches. So we are very hypersensitive families and the unions that they may of Washington with a new insider’s ex- about our place in the world, which in turn belong to, the goal of which is to take fuels the political philosophy frenzy that has pertise in the inner workings of the away power from the middle class and become our white whale, the status of the Is- Federal Reserve System and monetary give it to the wealthy special interests land. Although I have my own personal phi- policy, and she spent the next 3 years that have backed Republicans in their losophy for the Island, I’m bound to protect applying her economic knowledge with the neutral integrity of the organization elections. that represents the voice of the entire com- wonderful results. Here is how it is playing out: The Re- munity inside the beltway. It is our mission Karma won more than 45 major publicans are taking a real problem, a to enhance the social and economic well- teaching awards at the Foster School, serious problem—budget deficits and being of our 8 million plus constituents and including the first PACCAR Award for long-term debt in this country—and nothing is more divisive than the status Excellence in Teaching, the school’s they are assigning to it a fake cause. issues. We are in favor of a fair and execut- highest faculty honor. Her twice-an- able process for self determination, and we Under the guise of cutting deficits they nual economic forecast lectures be- say that working people’s union rights also believe that for that process to be legiti- came a standing-room-only tradition. mate we have a principled responsibility to and workplace protections must be act civilized and respect all views. Change And her 1995 textbook, ‘‘Contemporary eliminated. In fact, this attack against can only be accomplished when trust is at Money, Banking and Financial Mar- working people is designed to remove the core. kets: Theory and Practice,’’ co-au- the vital check on special interest cor- As the future of our Island we call on all thored with her husband, Michael porate power from overrunning our de- students, educators, and administrators to Hadjimichalakis, became an influential hold each other to a higher standard. Re- mocracy. classic. This is an extreme agenda that they spect those that want to express their frus- Former students universally spoke of trations and protect those that want to exer- have always pursued, but they are now cise their right to an education. To all local themselves as ‘‘privileged’’ and using their newfound political power to government institutions, we encourage dia- ‘‘blessed’’ to have had the opportunity relaunch the attacks, to attack the logue, tolerance, professionalism, and per- to study under Karma. They told of her guarantee to a decent wage, to attack sonal restraint; for it is your duty to protect ability to decipher data with real-life the rights to ensure a safe workplace a functioning society. To our elected offi- examples to make macroeconomics fas- cials, engage in integrative processes for the so when the workers leave home in the cinating, even fun. They spoke of her morning they know they will return benefit of your constituents and not for per- profound impact on their lives. As one sonal political gain. Only then will we be safely at night. of Karma’s students, class of 2002, I able to call ourselves both American citizens 1020 and responsible citizens of the world. wanted to add my own testimony to b f her impact. They attack the rights to have access When I was a student, learning under to affordable health care and secure re- HONORING KARMA GAETANO an experienced and dedicated professor tirement. And yes, they’re even attack- HADJIMICHALAKIS such as Karma was one of the best ing the rights of working people to join The SPEAKER pro tempore. The parts of the University of Washington’s together to bargain for a better life and Chair recognizes the gentlewoman from eMBA program. In all of her classes, better conditions in the workplace. Washington (Mrs. MCMORRIS RODGERS) Karma went above and beyond the call So at the same time that the Gov- for 5 minutes. of duty, not just to present the course ernors of Wisconsin, Ohio, Indiana, and

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.008 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1461 New Jersey are demanding more public But the fact is, many years ago and find some way to force these bat- and private union employee sacrifices, America decided we wanted a strong tery-operated toy cars on the rest of Republicans in Washington are using and a vibrant middle class, and we did us. the budget fight to roll back the rights that by forming a union and by giving But the new proposals don’t just and protections of American workers. people the right to have a say at work. apply to dust created from driving. No, Their spending priorities in their so- We know study after study where they are fair and they are balanced in called continuing resolution of last workers have a say in the workplace, their overreaching authority. Farmers week show their hand. They voted to they work harder, they’re more produc- and ranchers are going to have to take away workers’ ability to repeal tive, they’re more innovative, they’re somehow limit the dust created by unjust and unfair and illegal actions in more open to new ideas. livestock on their property as well. the workplace by getting rid of the Na- But what do we say to workers with So, say Bessie the cow kicks up too tional Labor Relations Board. They the Governors of Wisconsin and Ohio much dust running over to your pickup voted to undermine the wages of con- and Indiana? Do what we tell you to do, truck at feeding time. The EPA is struction workers on Federal projects. do it for less pay, do it for less benefits, going to fine you for Bessie’s mis- They voted to roll back workplace and do it because we told you so. That conduct. You need to move your cattle health and safety protections guaran- doesn’t sound like America to me. It to another pasture during the daytime? teed by Federal law. doesn’t sound like a powerful country Well, don’t do it on a dry day because While protecting subsidies for cor- that has the best and most productive they may kick up too much dust. porate interests, they have sought to workers in the history in the world. The Dust Police solution is to man- cut education funding and critical sup- That sounds like something that we’re age dusty dirt roads with water, or— port for workers in need of job train- not familiar with in this country. That get this—pave them with asphalt. Now, ing, and yes, even kids in Head Start. sounds like an autocratic system that this is another can of worms. These rights and services helped to just demands and takes but never Every farmer and rancher will have build and sustain our Nation’s middle gives. the ‘‘Water Police’’ raining down on class in the last century making the f them by the time the first drop hits United States the greatest economic the dirt. I would think EPA would be power in the history of the world. We EPA ‘‘DUST’’ POLICE aware of the fact that we already have have the greatest workers in the world The SPEAKER pro tempore. The a shortage of water on ranches and because of these rights. But now the Chair recognizes the gentleman from farms in our country. But make no rights and economic strength of Amer- Texas (Mr. POE) for 5 minutes. matter to them, they still want you to ica’s middle class are at risk. It’s under Mr. POE of Texas. Mr. Speaker, control it. a systematic assault in the statehouses ‘‘Houses were shut tight, and cloth And what about this paving the as- controlled by Republican legislatures wedged around doors and windows, but phalt over these roads? Really, they and Republican Governors and in this the dust came in so thinly that it could can’t be serious. Aside from the sheer House of Representatives controlled by not be seen in the air, and it settled magnitude of this undertaking, the the Republicans—a systematic assault like pollen on the chairs and tables, on idea is completely unfeasible and it’s that goes beyond after the unions, the dishes.’’ cost prohibitive. after the workers have agreed to Ma and Pa Joad did everything they The absurdity of these types of Fed- givebacks, to furlough days, to give could to save their farm from slipping eral regulations is what makes normal back health care benefits, pension ben- away into the dust bowl, but ulti- Americans all across our country frus- efits. They want more. They want their mately they lost to a force far greater trated with Washington, D.C. union. They want their rights in the than any effort they could muster. I will say there is a little good news workplace to be terminated. It’s un- Mr. Speaker, though this is just one on the horizon. We’re not all out of American. line ripped from the pages of ‘‘The touch here in Congress. My colleague, There’s a reason that we have collec- Grapes of Wrath,’’ farmers and ranch- Representative KRISTI NOEM from tive bargaining in this country, be- South Dakota, filed an amendment to cause we know that workers should ers today are facing a modern day dust the continuing resolution last week to have a right to bond together to im- storm—the wrath of the EPA. Just prove the workplace, to improve their when you think you’ve heard it all, bu- eliminate funding to the EPA to en- working conditions. And when they do, reaucrats in Washington, D.C. come up force the dust regulations. I’m proud to those rights flow to the rest of middle with some hair-brained idea that leaves say that this passed the House of Rep- class working families in this country. you scratching your head in wonder- resentatives, and it’s now down the In even the non-union workplaces, ment. hallway with the Senate. Let’s see those rights are there. That’s how we The Environmental Protection Agen- what they do. achieved an 8-hour day, that’s how we cy has apparently run out of things to This type of Federal meddling is ex- achieved vacation time, that’s how we regulate and tax so they are consid- actly what causes businesses to go out achieved health care, that’s how we ering new guidelines for regulating of business, lay off workers, and in achieved overtime whether you’re in ‘‘particulate matter emissions’’—more many cases fail. These types of expen- the union or not. commonly known to you and me as sive regulations will finally shut the But now they want to take away the ‘‘dust.’’ barn door on the American rancher and rights of unions to organize in the Now, I know what you are thinking, farmer for good. workplace, the rights of workers to or- this just cannot be true. What kind of I understand that dust may seem like ganize. crazy scheme is this? a serious threat to someone who has But the Republicans have asked for Well, the EPA ‘‘Dust Police’’ would never been outside the EPA’s marble no sacrifices. In all these cuts, they specifically regulate farm dust. Farm- Potomac palaces or elite castles of aca- have asked for no sacrifices of the well- ers would be required to have dust col- demia. But let’s use some common off and the well-connected. In fact, lectors on their harvesters, planters, sense here. Farmers and ranchers are these cuts are being made in the name combines, and haying equipment. the best environmentalists in our coun- of the well-off and the well-connected But my personal favorite is the try. No one respects the land or ani- so that they will be able to push for crackdown on dust created from driv- mals more than those who actually live lower wages, for lower benefits, for ing a pickup truck down a dirt or grav- on it and depend on it for a living. lower health care for our workers, for el road. I am not making this up. The Instead of burying us in ridiculous lower take-home pay. And what does Federal Government is considering regulations that do nothing to improve that do to the economy? It makes farm dust regulations that are caused the quality of life or the environment, America poor. from driving on a dirt road. the government should look for incen- How do you build a strong middle So I thought, well, maybe this is just tives to encourage farmers and ranch- class community on the back of low- some backdoor attempt to rid America ers to produce more, not less. We don’t wage earners? You can’t do it. It’s of our majestic four-wheel-drive need the EPA-inflicted dust bowl to never been done. pickups that liberals loathe so much devastate the American heartland.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.006 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1462 CONGRESSIONAL RECORD — HOUSE March 2, 2011 The EPA should just head on down All these men were killed in action in CARNAHAN) come forward and lead the the road and leave this regulation in a heroic sacrifice for Texas freedom. House in the Pledge of Allegiance. the dust. If this tragedy were not enough, Mr. CARNAHAN led the Pledge of Al- And that’s just the way it is. weeks later Santa Anna’s Army mas- legiance as follows: f sacred 300 unarmed Texans at Goliad I pledge allegiance to the Flag of the on March 27 of 1836. In a dramatic turn- United States of America, and to the Repub- TEXAS INDEPENDENCE DAY around, Texans achieved their inde- lic for which it stands, one nation under God, The SPEAKER pro tempore. The pendence several weeks later on April indivisible, with liberty and justice for all. Chair recognizes the gentleman from 21, 1836. Roughly 900 members of the f Texas (Mr. GENE GREEN) for 5 minutes. Texan army overpowered a much larger Mr. GENE GREEN of Texas. Thank Mexican army in a surprise attack at MESSAGE FROM THE SENATE you, Mr. Speaker. the Battle of San Jacinto in Harris A message from the Senate by Ms. Today, March 2, 2011, marks Texas County, Texas. This battle is memori- Curtis, one of its clerks, announced Independence Day. A hundred and sev- alized along the San Jacinto River that the Senate has agreed to without enty-five years ago, the Texas Declara- with the San Jacinto Monument in our amendment a Joint Resolution of the tion of Independence was ratified by congressional district. The monu- House of the following title: the Convention of 1836 on Washington- ment’s larger than the monument here H.J. Res. 44. Joint resolution making fur- on-the-Brazos in Texas. This is an im- in Washington, the Washington Monu- ther continuing appropriations for fiscal portant day for Texas, and patriotic ment. Sam Houston High School, year 2011, and for other purposes. Texans observe this occasion with which we have a lot of schools in our The message also announced that the great pride. district named for Sam Houston, actu- Senate has passed a bill of the fol- In 1824, a military dictatorship took ally received a Texas historical marker lowing title in which the concurrence over in Mexico abolishing the Mexican about 3 weeks ago. of the House is requested: constitution. The new military dicta- Today we give thanks to the many S. 388. An act to prohibit Members of Con- torship refused to provide trial by jury, Texans that sacrificed for the freedom gress and the President from receiving pay freedom of religion, public education we enjoy today. God bless Texas and during Government shutdowns. for their citizens, and allowed for the God bless America. f confiscation of firearms—this last one f particularly intolerable, particularly ANNOUNCEMENT BY THE SPEAKER for Texans. RECESS PRO TEMPORE The SPEAKER pro tempore. Pursu- The Texas Declaration of Independ- The SPEAKER pro tempore. The ant to clause 12(a) of rule I, the Chair ence states that Texas’ government Chair will entertain up to 15 requests declares the House in recess until noon had been ‘‘forcibly changed, without for 1-minute speeches on each side of today. their consent, from a restricted federa- the aisle. tive republic, composed of sovereign Accordingly (at 10 o’clock and 32 states, to a consolidated central mili- minutes a.m.), the House stood in re- f tary despotism.’’ It stated that because cess until noon. GAO REPORT ON WASTEFUL of the injustice of Santa Anna’s tyran- f SPENDING nical government, Texans were sev- AFTER RECESS (Mr. JOHNSON of Ohio asked and ering their connection with the Mexi- was given permission to address the can nation and declaring themselves ‘‘a The recess having expired, the House House for 1 minute and to revise and free, sovereign, and independent repub- was called to order by the Speaker pro extend his remarks.) lic fully invested with all the rights tempore (Mr. WOMACK) at noon. Mr. JOHNSON of Ohio. Mr. Speaker, and attributes’’ that belong to inde- f yesterday the Government Account- pendent nations; and a declaration that PRAYER ability Office released a report detail- they ‘‘fiercely and confidently’’ com- The Chaplain, the Reverend Daniel P. ing billions of dollars of waste in the mitted their decision to ‘‘the Supreme Coughlin, offered the following prayer: Federal Government. Redundant and Arbiter of the destinies of Nations.’’ Lord God of the Universe, Our Hope ineffective programs infect the govern- b 1030 in times of testing, Our Consolation ment like a plague. For too long, Con- The Texas Declaration of Independ- and Strength always, while this Cham- gress has punted on its responsibility ence was needed because this military ber goes about its work to establish se- to rein in wasteful spending. And when dictatorship had ceased to protect the curity and good order for the Nation, I read this report, I had the same feel- lives, liberty, and property of the peo- breathe forth a new Spirit of creativity ing as my constituents did. I hated it. ple of Texas. Failure to provide these and learning in the hearts of Your peo- According to the report, there are 15 basic rights violated the sacred con- ple and guide the course of world agencies implementing Federal laws on tract between a government and the events. food safety. There are 80 different pro- By drawing closer to Your Holy Will people, and Texans at that time, and grams and numerous agencies that and revealed Word, may the hidden want to still today, stand up for their work on economic development, 24 treasures of lasting freedom empower rights. In response, the Mexican army Federal agencies for information tech- Your people to seek the truth and do marched to Texas, waging a war on the nology, and 82 programs dealing with what is right in conscience so we may land and the people, enforcing the de- teacher quality across multiple agen- witness to Your presence in our midst crees of the military dictatorship with cies. What is this costing us? Billions. both now and forever. Who’s paying for it? You guessed it, brute force and without any demo- Amen. cratic legitimacy. the American taxpayer. Today, 175 years later, Texas Presi- f The American taxpayers’ dollars are dent and Governor of Texas, Sam Hous- THE JOURNAL being wasted by keeping these redundant programs on the books. We should ton, and other delegates signed the The SPEAKER pro tempore. The immediately begin looking at ways to Texas Declaration of Independence. Chair has examined the Journal of the eliminate redundancy, stop wasting General Santa Anna’s army besieged last day’s proceedings and announces billions of tax dollars, and allow hard- the independence forces at the Alamo to the House his approval thereof. in San Antonio. Four days after the Pursuant to clause 1, rule I, the Jour- working Americans to keep more of signing of this Declaration of Independ- nal stands approved. what they earn. ence, the Alamo fell with her com- f f mander, Lieutenant Colonel William Barret Travis, and former Tennessee PLEDGE OF ALLEGIANCE SPENDING CUTS Congressman Davy Crockett and ap- The SPEAKER pro tempore. Will the (Ms. SCHWARTZ asked and was proximately 200 other Texas defenders. gentleman from Missouri (Mr. given permission to address the House

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.008 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1463 for 1 minute and to revise and extend for 1 minute and to revise and extend Ms. JACKSON LEE of Texas. Mr. her remarks.) his remarks.) Speaker, this 1-minute is from the Ms. SCHWARTZ. I rise today to offer Mr. CARNAHAN. Mr. Speaker, yes- heart, and it disturbs me and baffles some truth on the Republican spending terday I voted for a 2-week compromise me for a country that I love. I don’t be- bill. Over 300 economists believe the to keep our government’s most vital lieve there is anything more precious Republican bill to cut $61 billion in programs running while we negotiate than for Members to stand up and midyear would eliminate 700,000 Amer- an agreement to cut the deficit with- pledge allegiance to this great Nation ican jobs and shrink economic growth out hurting our fragile economic recov- and to be taught as children about the by 2 percent just this year. These are ery. Why? Because a government shut- American Dream. shortsighted cuts that could threaten down would profoundly hurt all Ameri- That’s why Democrats have focused our economy and our economic com- cans, and we need time to work to- their life journey on creating jobs for petitiveness. Our goal should be job gether to avoid that. Americans. That’s why we don’t want creation, not job destruction. Fifteen years ago, a hyperpartisan to engage in frivolous budgeting that Our Republican colleagues only care Congress shut down our national gov- causes us to lose jobs. about cutting, without regard to where ernment for ideological reasons and But why are Governor Walker of Wis- the cuts come from, how they nega- furloughed over 8,500 jobs in my home- consin, Governor Kasich of Ohio and tively affect American families, or how town of St. Louis. And just this morn- Governor Daniels of Indiana demoniz- detrimental they could be for our econ- ing, the St. Louis Post Dispatch re- ing the American Dream, demonizing omy. This is not governing. Spending ported that a shutdown could put as workers, teachers, transit workers, po- cuts should not be politically moti- many as 38,000 people out of work in lice and firefighters? Does anyone vated or economically harmful. our region. know that Wisconsin public workers of- We do need to cut spending to reduce Let’s have a serious and spirited de- fered $100 million last year to be able our deficit, but these cuts must be tar- bate about cutting redtape and duplica- to help the State and have already geted, and they must be responsible. tion and finding common sense solu- committed to helping them this year? They shouldn’t cut into our core obli- tions. Let’s focus on the priorities of But, no, union busting is not union gations to our seniors, to our safety, or the American people: creating jobs and busting. It is quashing the American to our future. Our Nation’s economy cutting the deficit. We should do so by Dream, making it a crime to organize and our economic growth depends on looking at three principles. Will it cre- workers. investing in education, infrastructure, ate jobs? Will it help the middle class What is America? I beg of them to and innovation, all critical to private and working Americans and our retir- stand against this kind of dastardly sector competitiveness. Balancing ees? And finally, will it lower the def- act. Democrats are fighting for jobs. spending cuts with sound investments icit? Where is the American Dream? is the only way to ensure job growth I hope my colleagues will join me in f and new jobs. It’s time for the Repub- passing a funding resolution that NATIONAL FRAGILE X licans to move beyond political rhet- meets these essential goals. Our con- FOUNDATION ADVOCACY DAY oric to actions that really work to stituents deserve no less. grow our economy. f (Mr. HARPER asked and was given permission to address the House for 1 f REPEAL THE 1099 REPORTING minute and to revise and extend his re- REQUIREMENT MEDICAID COSTS marks.) (Mr. PITTS asked and was given per- (Mr. GIBSON asked and was given Mr. HARPER. Mr. Speaker, I am mission to address the House for 1 permission to address the House for 1 thrilled today to welcome over 125 ad- minute and to revise and extend his re- minute.) vocates from 40 States with the Na- marks.) Mr. GIBSON. Mr. Speaker, I rise tional Fragile X Foundation to Capitol Mr. PITTS. Mr. Speaker, in the com- today to fight for the job creators in Hill. ing years the Commonwealth of Penn- my district. Small businesses and fam- Today the fragile X community will sylvania will have to find $2 billion ad- ily farms in upstate New York are al- visit their Members to promote aware- ditional to pay for ObamaCare’s man- ready struggling to survive in these ness, improved research and more effi- dated Medicaid increases. There is lit- tough economic times. We in the Con- cient treatments for fragile X-associ- tle flexibility in State budgets this gress can help by attacking the impedi- ated disorders. This disorder is linked year, and Pennsylvania, like many ments to their profitability: high to a mutation on the X chromosome States, will have to make up a signifi- taxes, onerous regulations, and spi- and is the most commonly inherited cant budget gap this year. The entire raling health care and energy costs. form of intellectual disabilities. State budget is only $29 billion. Adding Today I rise in support of the repeal Mr. Speaker, as you may know, this $2 billion more means significant cuts of the 1099 reporting requirement that is a very personal and emotional issue in services or significant tax increases. was included in the government-centric for my family, as my 21-year-old son, Pennsylvania is not alone. According health care bill passed last year. This Livingston, has fragile X syndrome. I to a new report released yesterday, this new government mandate is set to re- am honored to have Livingston with expansion will cost States $118 billion quire our small businesses to issue de- me today in Washington to help me additional. That is twice what was just tailed tax information for each vendor share our family’s story about this recently estimated by CBO. We want to with whom they do business beyond condition. provide good health care, but we also $600. Some of our small business own- While we understand the challenges want to educate our children, keep citi- ers have hundreds of these vendors, and facing Congress, we ask you to con- zens safe, and maintain our rails and this new onerous requirement is abso- tinue to support Federal investments roads. Our State governments must be lutely unnecessary and would add more in fragile X-specific research, discovery more than just health care providers. burden to an already stressed bottom and public health priorities. line. We must provide governors with the f flexibility to determine the needs of I look forward to standing with the CONTINUING RESOLUTION AND their States. small businesses and farms in my dis- JOB LOSS Under ObamaCare, Medicaid is more trict tomorrow by casting a vote to re- rigid and more expensive, and an even peal the 1099 provision. (Mr. SIRES asked and was given per- greater burden on States struggling to f mission to address the House for 1 balance their budgets. b 1210 minute.) f Mr. SIRES. Mr. Speaker, Republicans SUPPORT PUBLIC WORKERS have been in charge for 8 weeks, and NO GOVERNMENT SHUTDOWN (Ms. JACKSON LEE of Texas asked this Chamber has taken 154 votes, yet (Mr. CARNAHAN asked and was and was given permission to address we still see no signs of job creation or given permission to address the House the House for 1 minute.) a jobs plan.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.012 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1464 CONGRESSIONAL RECORD — HOUSE March 2, 2011 With 14 million Americans still look- that they want to pass, and I am not businesses, but on the backs of hard- ing for work, I ask my colleagues on making this up. They want to pass a working middle class American fami- the other side, Where are the jobs? bill that would make it illegal for the lies. Those watching the debate are Where is the plan? In this House we Environmental Protection Agency to probably thinking ‘‘say it ain’t so, have talked about repealing health enforce the provisions of the Clean Air Joe,’’ but despite Republicans’ claims care reform and instructing commit- Act that will reduce air pollution. that it isn’t a tax increase, it is a tax tees, but nothing about a jobs plan. This is amazing to me. You want to increase. And, now, as we approach the dead- shut down government, if you don’t If it isn’t, why did the Joint Com- line for government funding and the shut down government in enforcing mittee on Taxation say it is? If it isn’t, looming threat of a crippling govern- pollution. Now, I always thought that why do Republicans block a vote on my ment shutdown, House Republicans are the American people thought that that amendment that would prohibit any focusing on irresponsible budget plans was a really bad idea. section of H.R. 4 from kicking in if it than actually threaten job creation. In I want to share my colleagues’ proof did, indeed, raise taxes on middle-class fact, the Republicans’ proposed long- of this. In polls done in 19 congres- families? term CR not only fails to create jobs or sional districts recently, including the It took only 56 days to break their spur the economy, it would actually Speaker’s own district in Ohio, 68 per- pledge. Republicans are raising taxes cause more job losses and depress eco- cent of Americans said that we should on working people. Say it ain’t so, nomic growth. move forward with the EPA in this; 6 GOP. Say it ain’t so. out of 10 said the Republicans’ dirty air Economists have discovered that f their plan would destroy around 700,000 act is a really bad idea. jobs through 2012. Mr. Speaker, as the We need to keep the government to BLAME FOR OUR NATION’S FISCAL impending funding deadline ap- keep this clean air. Reject the Repub- PROBLEMS licans’ threat of a government shut- proaches, my Republican colleagues (Mrs. DAVIS of California asked and down. should negotiate in good faith and fund was given permission to address the the government in ways to support job f House for 1 minute.) creation and economic growth, not HONORING THE MEADOWS OF Mrs. DAVIS of California. Mr. Speak- cause greater job loss or economic NORTH SMITHFIELD, RHODE IS- er, it’s hard not to get angry when damage. LAND watching the news or reading the news- f (Mr. CICILLINE asked and was given paper about Wisconsin. RED TAPE permission to address the House for 1 We are trying to recover from the minute.) biggest financial crisis since the De- (Mr. BILIRAKIS asked and was given Mr. CICILLINE. Mr. Speaker, I rise pression, and who is getting the blame permission to address the House for 1 today to honor The Meadows, an af- for our Nation’s fiscal problems? minute.) fordable senior housing community in Teachers. Teachers certainly aren’t the Mr. BILIRAKIS. Mr. Speaker, I am my congressional district located in people who caused the Great Recession. here to talk today about red tape, spe- North Smithfield, Rhode Island. It was a group of Wall Street execu- cifically the 1099 form. The Meadows excels as an elderly tives who brought about the financial It’s a relatively short, seemingly community by providing individual liv- crisis which led to the budget short- harmless form. Yet when we require ing with enhanced social services and falls in the States. every business in this country to file a high-quality care to approximately 100 Blaming teachers or cutting their 1099 form for every business trans- Rhode Island seniors. The Meadows was pay is wrong. Working to strip them of action over $600, it is far from harm- built using a smart combination of the basic American right to collec- less. In reality, this requirement is an Federal, State, local, and private fund- tively bargain because some greedy enormous burden that takes time, en- ing. It has a green design which in- Wall Street executives made huge mis- ergy, resources away from growing cludes geothermal heating, Energy takes and went too far, well, that’s ab- their businesses. Star appliances, and energy-efficient solutely also wrong. Of course, Wall The 1099 provision is one of the many lighting. Street executives have gone back to backbreaking regulations included in For the commitment to providing collecting big bonuses while teachers the Democrat’s health care overhaul our seniors a quality standard of liv- and public workers are collecting the that I opposed when it passed the ing, I congratulate the Meadows. I ridicule. House in 2010. Repealing this require- proudly join the National Affordable It’s time to quit blaming hard- ment would be a victory for America’s Housing Management Association in working and dedicated teachers and let small businesses, families, and individ- honoring The Meadows as a ‘‘commu- them get back to focusing on their stu- uals. nity of quality’’ for exemplary develop- dents. Florida’s businesses deserve eco- ment for our seniors. f nomic solutions that will let them Thank you for your work. Congratu- keep more of what they earn so that lations on your achievements, and b 1220 they can innovate and grow. I urge my thank you for your commitment to OUR NATIONAL DEBT colleagues to support H.R. 4 and repeal Rhode Island’s seniors. this 1099 provision. (Mr. COSTA asked and was given per- f f mission to address the House for 1 TAX HIKES FOR WORKING MIDDLE minute and to revise and extend his re- BREATHE CLEAN AIR CLASS AMERICANS marks.) (Mr. INSLEE asked and was given (Mr. CROWLEY asked and was given Mr. COSTA. Mr. Speaker, our na- permission to address the House for 1 permission to address the House for 1 tional debt, as we all know, is ap- minute and to revise and extend his re- minute and to revise and extend his re- proaching $14 trillion, with a capital marks.) marks.) ‘‘T.’’ It’s clear that we can no longer Mr. INSLEE. Mr. Speaker, one thing Mr. CROWLEY. Mr. Speaker, in 2010 afford to continue the partisan bick- we share on a bipartisan basis is Re- the Republicans promised smaller gov- ering and short-term thinking that too publicans and Democrats like to ernment and fewer taxes. They even long has consumed our Nation’s cap- breathe clean air. We don’t want to see signed a pledge, a pledge not to raise ital. While kicking this can down the our kids exposed to aggravated asthma taxes. Yet here we are, 56 days after as- road may have been in vogue at one problems. suming control of the Congress, and time, it can no longer be afforded by That’s why it’s very disappointing Republicans are proposing to do ex- our Nation. that the Republicans are trying to actly that, tax hikes for working mid- The staggering debt was not created threaten a government shutdown if dle class Americans. in a day, and we can’t dig ourselves out they don’t get to pass their dirty air Their bill, H.R. 4, would repeal the of this hole overnight, but we must act. Now, their dirty air act is a bill onerous reporting provisions on small stop digging. In order to tackle our

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.014 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1465 debt, we must cut spending, agree to a The Clerk read the resolution, as fol- new paperwork. So now you’re spend- stable source of revenue, and hold lows: ing tax time preparing 1099s for Krispy these commitments over the long term H. RES. 129 Kreme, Office Depot, Walmart, Costco, on a bipartisan basis. Partisan rhetoric Resolved, That upon the adoption of this Starbucks, and the list goes on and on. will not get the job done. The Congress resolution it shall be in order to consider in It’s one thing for a large corporation now has to deal with the reality of this the House the bill (H.R. 4) to repeal the ex- with an in-house tax department. It’s budget mess. pansion of information reporting require- another thing completely for a small The longer-term continuing resolu- ments for payments of $600 or more to cor- business which spends an average of $74 tion the House passed 2 weeks ago, porations, and for other purposes. All points of order against consideration of the bill are an hour—that’s $74 an hour—on tax though, won’t grow our economy and it compliance, the most expensive paper- won’t create jobs in the San Joaquin waived. An amendment in the nature of a substitute consisting of the text of the work burden that the Federal Govern- Valley. And, in fact, two reports by re- amendment recommended by the Committee ment imposes on all small businesses. spected economists have indicated that on Ways and Means now printed in H.R. 705 Then, to make matters worse, last it will provide careless cuts and mean shall be considered as adopted. The bill, as year the President signed the Small hundreds of thousands of jobs lost amended, shall be considered as read. All Business Jobs Act, which expanded this throughout the Nation. points of order against provisions in the bill, onerous 1099 requirement to anyone We can cut spending and we can grow as amended, are waived. The previous ques- who rents out property. How did this our economy, but it will require shared tion shall be considered as ordered on the happen? Well, after the bill has been sacrifice across the Nation by Demo- bill, as amended, to final passage without in- passed, we are learning more about it. crats and Republicans coming to- tervening motion except: (1) two hours and 30 minutes of debate equally divided and con- We had a Congress that passed a bill gether. Our Nation’s fiscal health de- trolled by the chair and ranking minority through backroom deals shielded from pends on it. member of the Committee on Ways and the public view without reading them. f Means; and (2) one motion to recommit with The American people have seen or without instructions. COMPREHENSIVE IMMIGRATION what’s in this bill, and they don’t like REFORM The SPEAKER pro tempore. The gen- it. They don’t like it one bit. That’s tleman from South Carolina is recog- (Mr. POLIS asked and was given per- why they sent all of us to Congress, to nized for 1 hour. repeal, to defund, and to dismantle the mission to address the House for 1 Mr. SCOTT of South Carolina. Mr. minute and to revise and extend his re- health care reform. My Republican col- Speaker, for the purpose of debate leagues voted to repeal this bill 245–189, marks.) only, I yield the customary 30 minutes Mr. POLIS. One of the most critical with a 49-vote greater margin than the to the gentleman from Colorado (Mr. issues to my constituents and Ameri- original vote to pass it. That is also POLIS), pending which I yield myself cans across the country, there is crying why two Federal judges have already such time as I may consume. During out for Congress to take action with ruled that national health care reform consideration of this resolution, all regard to illegal immigration. is unconstitutional. time yielded is for the purpose of de- This Nation has over 15 million peo- And I am proud to be handling this bate only. ple who are here illegally, and yet I rule on the House floor. H.R. 4 will re- don’t hear one word about comprehen- GENERAL LEAVE move an unnecessary burden from sive immigration reform. Comprehen- Mr. SCOTT of South Carolina. Mr. small businesses, so that instead of cre- sive immigration reform has strong Speaker, I ask unanimous consent that ating 1099s for their expenditures, they majority support in polls from Repub- all Members have 5 legislative days to can create W–4s when they hire new lican voters, from Independent voters, revise and extend their remarks. employees. The SPEAKER pro tempore. Is there and from Democratic voters. Com- I reserve the balance of my time. objection to the request of the gen- prehensive immigration reform would Mr. POLIS. Mr. Speaker, I yield my- finally establish real border security, tleman from South Carolina? There was no objection. self such time as I may consume. real employment verification, and re- Mr. Speaker, today the Republicans quire that people that are here ille- Mr. SCOTT of South Carolina. Mr. Speaker, House Resolution 129 provides are breaking a promise that they made gally register, pay a fine and get right to the American people, a promise not with the law. It is common sense for for consideration of H.R. 4, the Small to raise taxes. The new majority came America, and it’s time for Congress to Business Paperwork Mandate Elimi- in promising a growth agenda. Instead, take action on this critical issue. nation Act of 2011. Lately I’ve heard that we might be If you are looking for a prime exam- under the guise of giving administra- discussing mandatory E-Verify. That ple of government regulation which, tive relief to small businesses—relief would make the problem worse. E- first, is an unnecessary intrusion on that we all agree is necessary and the Verify encourages a black market in small businesses, second, enlarges gov- majority of this body last session voted Social Security numbers. We need real ernment bureaucracy at the expense of to provide with a different way of pay- employment verification with finger- taxpayers and entrepreneurs, and, fi- ing for it—the Republicans are now in- prints or eye IDs so we can identify nally, creates a mountain of mind- creasing taxes on middle class Ameri- who’s there and don’t simply con- numbing paperwork which has the net cans and punishing workers. tribute to a black market in Social Se- effect of killing jobs, then look no fur- Mr. Speaker, my colleagues have also curity numbers which can be bought ther. broken their promise to this body. The and sold, only increasing crime in this Section 9006 of the health reform bill people’s House was promised an open country. does all of that by requiring businesses legislative process. Over and over, the My constituents are calling on Con- to report every expense that they incur leadership has told the American peo- gress to take action on comprehensive over $600; not just wages to their em- ple they want to create an open proc- immigration reform. I urge my col- ployees, but even for payments to ess, create jobs, and lower taxes. Yet leagues to bring this important issue other businesses and for merchandise. here we are debating the second closed forward. Imagine, if you will, a small business rule of the week on a bill that calls out for new and better ideas, a bill that in f that picks up a couple of dozen dough- nuts from Krispy Kreme on a weekly its current form will increase taxes and PROVIDING FOR CONSIDERATION basis. At the end of the year, they must punish employees. OF H.R. 4, SMALL BUSINESS PA- send a 1099 to Krispy Kreme. Think We all agree that the 1099 reporting PERWORK MANDATE ELIMI- about a small business owner, as I have provision of the Affordable Care Act NATION ACT OF 2011 been for the last 14 years, who buys needs to be fixed. Just last Congress, Mr. SCOTT of South Carolina. Mr. stamps from the post office, and now we brought a bill to the floor to do Speaker, by direction of the Com- you have to send a 1099 to the U.S. Post that. H.R. 5982 would have repealed the mittee on Rules, I call up House Reso- Office. What about if you buy a printer 1099 requirements. But the measure lution 129 and ask for its immediate for your office or blinds for your office? failed because our Republican friends consideration. Here comes more, another mountain of did not believe that ending incentives

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.016 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1466 CONGRESSIONAL RECORD — HOUSE March 2, 2011 for companies to outsource jobs over- IRS, I’ll do the darn paperwork. I’ll do them if you earn any more money, seas, which is the way we paid for fix- the darn paperwork. we’re cutting off your health care. ing this administrative burden at the Who are we trying to help here? Who We replace that in the Affordable time, would protect American jobs and are we talking about helping? If they Care Act with something that I like to wouldn’t raise taxes on individuals. don’t want the help, if this is actually think has support from both sides of They didn’t believe that that was the harmful, who are we talking about the aisles, and that is a sliding scale of correct way to offset the legislation. helping? reductions. So there is an actual incen- Instead, in this Congress, they are According to Families USA, House tive to get off of government health seeking a tax increase on middle class Republicans wish to decimate what re- care, to get off of Medicaid, to better families as somehow preferable as a mains of the safe harbor that protects yourself and take that 50 cent raise, re- way of paying for something we all individuals and families from substan- alizing you may not keep all 50 cents, agree is important rather than ending tial tax penalties. The Affordable Care you might lose a little bit. But, you incentives to shift American jobs over- Act provides built-in flexibility to con- know what, we’re going to let you keep seas. sumers and protects them by capping 30 cents of that, and 20 cents will go to Now, we won’t get into an argument the tax penalty if the monthly pre- decreasing your government benefits. about semantics. There will be those mium credit received during the year And eventually you’ve weaned yourself who somehow argue that this is not a exceeds the amount of credit due based off of government aid entirely and tax increase. Well, if it looks and on unexpected income or family status. you’re able to support health care. smells like a tax increase, it is a tax So again, how can unexpected or un- That is another misconception. It’s not increase. A tax increase by any other planned for income or family status that people want to receive Medicaid name would smell as bitter. change? It could be a bonus, it could be or government health care; what they Indeed, under this bill, hundreds of a raise at work, it could be a divorce, want is to be able to afford, to earn thousands of American families will re- or it could be a marriage. There are a enough money to afford to have private ceive an extra bill from the IRS to the number of ways these things change insurance. That’s the goal here. The tune of $3,000, $5,000, particularly mid- and put people in a higher category Affordable Care Act helps them get dle class families, families earning where the IRS will be sending them, there. $80,000 a year and $90,000 a year. The because of this bill, $3,000 to pay, $5,000 This would strip that provision back heart of what makes up the American to pay. That’s what American families and provide a disincentive for families middle class face the largest tax in- are going to be on the line for. making $75,000, $80,000 a year, depend- creases under this bill. These provisions of the Affordable ing on the size of the family, to work Care Act recognize that forcing middle harder. 1230 b income individuals to repay the entire America was built on a strong work This bill would raise taxes, harming amount would dampen their willing- ethic. We all, on both sides of the aisle, workers that should be protected. As ness to sign up for insurance in the have a strong awareness of the market- the Joint Committee on Taxation first place. It would penalize them if based system we live in and the power points out, the Republican proposal they found a new job, or penalize them of incentives. We should provide an in- would increase taxes for a family of if they received a raise. This process of centive for middle class families to four by an average of $3,000 a year. reconciling the actual income versus earn more, not earn less. Why do we pe- And, yes, that is a bill from the IRS. tax credits is often called a true up. nalize those who succeed? Why are the That is taxes. T-A-X-E-S is what the Now, last December, as part our bill Republicans seeking to raise taxes on Republicans are seeking to increase to prevent the SGR payment cuts from middle class families who are seeking under this bill. going into effect, we changed the true- to do a little bit better? We should en- Let me give another real-life exam- up policy for the better. We converted courage them to get that second home ple. One of the issues we want to cor- it to a graduated income approach to and make some rental income, to work rect with regard to the 1099 bill and protect those with middle income lev- another 10- or 20-hour-a-week job so work with our colleagues on the other els and enable us to ease away from the they can send their kids to a good col- side of the aisle to find a good way to cliff that people face when they reach lege. That’s what this body should be pay for, is that currently people who the 400 percent level. discussing. Yet instead, we’re about to have rental property are going to be Now, let’s talk briefly about health present to the middle class in this classified as being in the business of care reform. I know there is a lot in country an enormous tax hike. Now to renting property, and being subject to health care reform that my colleagues fund something we all agree, and that additional paperwork under the 1099 on the other side of the aisle don’t is why if this was an open process, as provision. So this could be a family of agree with, but I like to think there is Republican leadership has repeatedly four earning maybe $60,000 a year in some they do agree with as well. promised, we could come together salary; they earn another $20,000, One of the most important provisions around better ways to pay for it. Okay, $25,000 from a rental property. They of health care reform from a market you didn’t like the way the Democrats work hard. They keep up that property. perspective is the incentive it gave proposed paying for it last year. And Maybe it was formerly a family home, middle class families to work and get you know what, by the way, a lot of or maybe they saved up over 10 or 15 off of government health care. Let me those pay-fors wound up in statute years to buy it. explain. anyway paying for other bills, but let’s With the 1099 paperwork problem, we Before this House and the country work together to do that. Consistent are saying hey, you put a new refrig- took up health care reform, there were with the cut-go proposal, let’s make erator for $600 in that rental home, you many families that were right at the cuts in government expenditures some- have to fill out additional government cutoff point for Medicaid, okay. Let’s where to pay for closing this 1099 loop- paperwork that makes you responsible say they are earning $10 an hour. If hole. Let’s not put it on the backs of for taxes on that, okay? That’s what they got a raise to $10.50 an hour, they middle class families earning $80,000, we want to save people from, Repub- might lose thousands of dollars in gov- $90,000 a year, those who are least able licans and Democrats. We’re saying: ernment benefits. And I’ve met con- to pay for a tax increase. You know what, we don’t want to bur- stituents who’ve said this. They’ve You know, I was proud to support the den that family. You make $60,000 a said: Look, I’m earning $9.50 an hour. I continuation for 2 years of the Bush year, you’re getting $20,000 from a rent- can’t even take a raise at my job. I tax cuts at the end of last year, and let al property, we don’t want you to jump can’t work another 20 hours a week at me tell you why. I think it would be through hoops to put a new refrig- a side job because I actually lose unthinkable to raise taxes on families erator in your rental property. money. So the government was telling making under $250,000 a year. Now, I But you know what? To that family, them they couldn’t work harder. The supported letting them expire for fami- they say we don’t want to do that extra government was telling them we’re lies making over $250,000 a year. You paperwork, but if it’s between that pa- going to trap you into a cycle of de- don’t take pleasure in that, but it was perwork and paying a $5,000 bill to the pendency. The government was telling because I felt we needed to do that to

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.017 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1467 close the deficit. We couldn’t leave Mr. SCOTT of South Carolina. I yield nies that ship jobs overseas, and we that revenue on the table. But I felt it the gentleman an additional 30 sec- weren’t able to get that passed because was so important to make sure that onds. it was on suspension and only two Re- families making $80,000, $90,000, $100,000 Mr. NUGENT. The Democrat-passed publicans joined with us. It was actu- a year didn’t get a tax increase that I 1099 reporting requirement is a job kill- ally endorsed, the pay-for and the bill, was willing to support no tax increase er. We want to make sure that small by the National Federation of Inde- for millionaires as well as part of the businesses can use their hard-earned pendent Business, but the Republicans package. profits to expand their businesses, open wouldn’t support it. There’s no ques- And yet here we are in the third new storefronts, and bring on new em- tion here that we want to repeal the month of the Republican Congress with ployees, not spend their time reporting 1099 reporting requirement, but we an enormous tax increase on those to the IRS. don’t want to pay for it on the backs of Americans who can least afford it, the If we’re going to create jobs, we need the middle class. We should pay for it very families who are making $80,000, to create an environment where small by closing these loopholes for taxes for $90,000 a year who form the backbone of businesses can succeed. H.R. 4 is an im- companies that take jobs overseas so the American middle class, facing a portant step in fostering that environ- that we can create more jobs here at $3,000, $4,000, $5,000 tax increase because ment. With that, Mr. Speaker, I en- home. of the way the Republican majority has courage my colleagues to support this I just can’t believe what the Repub- chosen to pay for what we all agree is rule and support H.R. 4. licans are saying. They have this offset a worthy cause: reducing paperwork for that would essentially eliminate pro- b 1240 small businesses and home renters. tections for middle class families and I reserve the balance of my time. Mr. POLIS. Mr. Speaker, I yield my- cost them about $6,000 or more in pay- Mr. SCOTT of South Carolina. Mr. self 30 seconds. ments to the IRS. So the average mid- Speaker, I yield 2 minutes to the gen- This is not, as my colleague from dle class family is either going to have tleman from Florida (Mr. NUGENT). Florida indicated, about fraud. The law to pay more to the IRS in order to get Mr. NUGENT. I thank the gentleman has strong penalties for fraud already. some kind of benefit on their premium for yielding. Now, there’s agreement to close this or just decide to go uninsured. The Mr. Speaker, I rise today in support extra paperwork on the 1099. What we of H. Res. 129 and the underlying legis- whole point of the Affordable Care Act are supporting is an open process that was to try to deal with those middle lation, H.R. 4. would allow the majority to work with Last year’s health care law was class families that can’t afford health the minority to find a way to pay for insurance. If you’re very poor now, you rammed through without the oppor- solving this increased administrative tunity for the American public to let get Medicaid. If you’re over 65, you get overhead without raising taxes on Medicare. But if you’re a working per- their voices be heard. At the time, American families. then-Speaker PELOSI said Congress had son, you can’t afford your health insur- With that, I would like to yield 3 ance a lot of times because what hap- to pass the bill to know what is in it. minutes to the gentleman from New Now we know. Even Democrats are re- pens is you have to go and buy it on Jersey (Mr. PALLONE). alizing how many problems there are in the individual market because your Mr. PALLONE. Mr. Speaker, my col- this bill. employer simply doesn’t provide it. league from Florida who just spoke One such example is the 1099 report- That’s these middle class people that ing requirement. This requirement said that the Democrats were going to we’re trying to help with the Afford- forces businesses to report nearly all attack this proposal or the pay-for for able Care Act, those that need a little expenses exceeding $600 to the IRS. this proposal by saying that it’s an as- help so that they can afford their pre- This results in a new, onerous burden sault on the middle class, and that’s mium. And these are the very ones on small businesses. The requirement exactly what I intend to say. that you’re saying, ‘‘No, it’s too bad means 10 to 20 times more paperwork Unless I misunderstood my colleague now. We’re not going to help you.’’ for small businesses. The U.S. Small from Florida, he seemed to suggest Mr. SCOTT of South Carolina. Mr. Business Administration estimates the that the health care subsidies, that Speaker, I yield 3 minutes to the gen- 1099 tax compliance will cost small people who are in this $80,000 or $90,000 tleman from California (Mr. LUNGREN). businesses $800 per employee annually. income bracket was something that Mr. DANIEL E. LUNGREN of Cali- Small businesses are the economic they were not entitled to; I suppose be- fornia. I appreciate the time. backbone, and the 1099 requirement is cause he thinks that somehow they’re Mr. Speaker, I am pleased that we breaking their back. My colleagues on too rich. Well, let me tell you, if you are bringing H.R. 4 to the floor. This is the other side of the aisle will tell you have a family of four and you’re mak- a bill that I introduced in its original H.R. 4 is a Republican tax increase on ing $80,000 to $90,000 a year or some- form last April 26 when we looked at middle America. That couldn’t be fur- thing like that, certainly in my State the health care bill that had passed and ther from the truth. of New Jersey but in a lot of parts of saw that this, which has absolutely The offset we are using here today the country, it’s very difficult for you nothing to do with health care, this prevents individuals from receiving with a family of four to be able to buy new burden on businesses, this double- health care subsidies that they aren’t health insurance, to pay your pre- edged sword against small business, entitled to. We are preventing people mium, without some help. And that’s was put in that bill supposedly to pay from defrauding the Federal Govern- exactly what we’re talking about when for part of the health care bill. ment. We aren’t taking money away we talk about people who are middle Now, we have our Democratic friends from people; we are protecting tax- class. People who are middle class talking about the pay-for here. I hap- payer dollars by ensuring they’re being could be making $25,000 a year, $40,000, pen to think that we don’t even need a used the way they’re meant to be used. $50,000, $80,000, $90,000, $100,000 a year. pay-for because I think there is a game Moreover, the subsidies we’re talking It’s not easy to be able to afford your that is played in this place, which is we about today don’t even take place until health premiums if you have a family will put something in the health care 2014, which gives taxpayers ample time of four and you’re in that income bill that virtually nobody knows is in to know the facts. The 1099 require- bracket. there. I bet you 99 percent of the Mem- ment is affecting small businesses I regret what’s happening here today, bers of the House and the Senate who today. Anybody who calls this rule an because the bottom line is there was voted on that bill didn’t even know attack on the middle class isn’t telling bipartisan agreement on the main goal this provision was in there. We then you the truth, Mr. Speaker. of repealing this 1099 reporting. Doing have it scored as somehow gaining $19 We are here today because the Re- away with it is something that the billion for the Federal Government publican majority is committed to jobs Democrats actually put on the House over the next 10 years, which I happen and protecting and creating jobs for floor and voted on last session. But to think is made out of whole cloth be- the American people. what we had during the 111th Congress cause you have to assume that vir- The SPEAKER pro tempore. The is a repeal bill that basically was paid tually everybody cheats in order for time of the gentleman has expired. for by closing tax loopholes for compa- you to come to that conclusion. And

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.018 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1468 CONGRESSIONAL RECORD — HOUSE March 2, 2011 then if we say we now want to get rid ican businessman and businesswoman, debate it. They refuse to even discuss of this unnecessary burden, which, by particularly small businessmen and it. Why? Because they know their bill the way, when I introduced this last small businesswomen, are cheaters, I raises taxes on the middle class by April, I couldn’t get a single Democrat never have accepted that. I won’t ac- thousands of dollars. It’s not just me to join me on. I was told by Democrats cept that today. And, frankly, we saying it. The Committee on Joint Tax that the leadership had said, Don’t get ought not to allow this kind of debate states that this bill will raise $25 bil- on that bill; don’t dare do anything to stop the repeal of this provision of lion in new revenue, which is short- like that because that will be the first the health care bill. hand for taxes. It doesn’t come out of repeal of the health care bill. After a Mr. POLIS. I yield myself a minute the sky. You just can’t take that $25 while I finally got some to join me and to respond to my good friend, the gen- billion out of the air. Somebody has to now there are 38 Members, I believe, on tleman from California. pay that, and that entity is the middle the other side that have joined so that I agree with much of what you said, class of our country. we now have a total of 278 Members, I particularly when you said we don’t Even Grover Norquist at Americans believe, that have cosponsored my bill, need a pay-for. I agree with you that to for Tax Reform has written, and I H.R. 4. a certain extent the gains are illusory. quote, ‘‘Americans for Tax Reform has But the point is, we bring this new Yes, they’re used as a pay-for; yes, always followed the Committee on obligation in, this new paperwork obli- there’s a shell game; yes, on paper it Joint Tax’s methodology.’’ gation, we claim it’s going to gain us looks like so much money. There’s He follows the Joint Tax method- $19 billion, and then what’s the joke on times that you and I might both dis- ology. So, if Joint Tax says it’s a tax, the American people? If we dare repeal agree with the CBO, for instance, and Grover Norquist has to agree it is a it, we’re responsible for somehow com- this might very well be one of those. tax. The best example, though, is a ing up with $19 billion in additional But the answer, and I hope my friend real-life example on how this bill will taxes. from California agrees, is not instead raise taxes on middle class families. By Now I know what the Ways and of doing no pay-for or perhaps allowing the ‘‘middle class,’’ I mean families Means Committee has done. They’ve an amendment under this rule that with children, earning no more than added this to the bill, a pay-for, and I would allow us to eliminate the pay- $110,250 a year, not the millionaires the understand the justification for it. But for, the answer is not to raise taxes on Republicans were trying to protect frankly the rules are such that they’re the middle class. when they held these same taxpayers gamed against the average American With that, I yield 5 minutes to the hostage in December while demanding tax cuts for the richest 1 percent of citizen. You come up out of whole cloth gentleman from New York (Mr. CROW- Americans, those earning over $1 mil- to create this new obligation in your LEY). bill, and then once you do and see what Mr. CROWLEY. I thank the gen- lion a year. Here is how this bill will raise taxes the actual implication is and small tleman from Colorado (Mr. POLIS) for on middle class families: business said this is a job killer, you yielding me this time. If you’re a family of four, earning say, ‘‘Okay, we’ll allow you to bring it Mr. Speaker, I rise in strong opposi- $88,000 a year, which is approximately to the floor but only if you pay for it tion to this rule, because hidden deep 398 percent of the Federal poverty line, with new taxes in some way.’’ in this bill is language that indeed will the Democratic health care law caps Well, our side has looked at it and increase income taxes on middle class the amount of health care premiums said, instead of that, why not say those American families by thousands of dol- you will be forced to pay annually at things that are not to be given to folks lars a year. no more than 9.5 percent of one’s in- under this bill ought not to be given to 1250 come. In this example, that is $8,360 a folks under this bill? That is, overpay- b year on a typical family policy valued ments ought not to be allowed. As Sec- My Republican colleagues claim the bill is not a tax increase on the middle at $13,000. retary Sebelius said when your side So the family receiving private class. They argue that Grover Norquist brought up a very similar provision health care insurance would pay $8,360 says it’s not a tax increase. They say last year, she said, basically, this is a in annual premiums, and the Federal Democrats have, and I quote, ‘‘decided way to recapture funds. Government would provide a tax credit to dance the Washington two-step,’’ The SPEAKER pro tempore. The valued at $4,640, with these funds going time of the gentleman has expired. claiming this bill contains a new indirectly to the insurance carrier, from Mr. SCOTT of South Carolina. I yield come tax on working families. Treasury to the insurance carrier. The the gentleman an additional 1 minute. In hearing all that, I have one simple money does not go to the family. The Mr. DANIEL E. LUNGREN of Cali- question: family doesn’t touch it. The husband fornia. And so I would just like to get If the Republican plan is not that of and wife, they don’t touch that money. away from the confusion that is being a massive, new income tax increase, It goes right to the Treasury. displayed on the floor today and just then why did the Republican majority If this family were to get a $250 bonus get back to the essence of this bill. It refuse to allow a vote on the amend- at the end of the year, say in Decem- is to repeal a provision that was put in ment which I offered? ber, and if the boss asks the husband or the health care bill that virtually no My amendment simply said that no the wife or whoever the bread earner in one knew about, that is a job killer, section of this bill would take effect if the family is—maybe it’s both—to that is recognized as being a job killer, it raised taxes on any American family come in and he says, ‘‘You know what? that the other side with the majority of four earning less than $110,250 a You’re doing such a great job that we could have at any time last year gotten year. That’s all it said. It just makes it think you have management potential, rid of, which finally the President rec- clear you can’t raise taxes on the mid- and we want to give you a bonus’’—and ognized in his State of the Union ad- dle class. That’s all it said. It is a you’re like thinking ‘‘a bonus’’— dress is an excess in this health care straightforward and simple amend- ‘‘We’re going to give you a $250 bonus. bill, and let’s not make it a political ment. If the Republicans actually be- Go out and buy the family a little din- football now and say, well, now it’s a lieved their own rhetoric of cutting ner for the holidays,’’ that $250 bonus tax, or now it’s this, or now it’s that. taxes, they would have accepted my will bounce up that family to 401 per- Frankly it is an attempt to try and re- amendment and allowed a vote on that cent of the Federal poverty level. peal a section of the health care bill amendment on the floor. The SPEAKER pro tempore. The that never should have been there in We took JOE CROWLEY’s amendment time of the gentleman has expired. the first place, that has erroneous and accepted it because we believe this Mr. POLIS. I yield 1 additional premises on which it was developed, a bill will not raise taxes on the middle minute to the gentleman from New suggestion that somehow most Ameri- class. York. cans involved in business cheat. That’s That’s what my colleagues could Mr. CROWLEY. Under the Repub- the only way you can justify $19 billion have said. lican bill being debated now, this fam- coming back to the Federal Treasury. The Republicans refuse to allow a ily would be required to refund the gov- If you believe that the average Amer- vote on my amendment. They refuse to ernment the entire $4,640. Talk about

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.021 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1469 making work pay. Talk about getting a home State of New Hampshire, who Mr. SCOTT of South Carolina. Mr. bonus for doing hard work and making have told me specifically how this Speaker, I yield 2 minutes to the gen- work pay: Oh, here’s 250 bucks. Please would hurt their small businesses. tleman from Georgia, my cousin, Mr. give us 4,640 bucks back. We should be here to encourage small SCOTT. Let’s remember that the $4,640 in tax business owners to innovate, to expand. Mr. AUSTIN SCOTT of Georgia. I credits never actually goes to the fam- We should make sure that we give would like to thank the gentleman ily. The Treasury cuts a check to the them the predictability of this House from South Carolina. I’m looking for- insurance companies, so the insurance through public policy that will allow ward to visiting the family at Christ- companies are fine. They keep the them to create jobs. The heart of New mas. money. It’s the poor schlep—the middle Hampshire’s economy is the small busi- Mr. Speaker, ladies and gentlemen of class man or woman—who has to pay ness owner as 80 percent of our econ- this House and this great country, as I that money back. omy is reliant on them. traveled to cities like Covington, War- So in essence, this bill, H.R. 4, is I ask that my colleagues join me in ner Robins and Tifton, Georgia this charging families, families who play by repealing the 1099 provision. past week, the main issue I heard from the rules—not tax cheats, not people Mr. POLIS. I yield 2 minutes to the constituents was their growing fear of who are trying to scam the system but gentleman from Rhode Island (Mr. the size of government’s regulatory those who play by the rules—thousands LANGEVIN). burden on their business and their way of dollars in new taxes. These are not (Mr. LANGEVIN asked and was given of life. families getting so-called new taxes. permission to revise and extend his re- Now, I find it laughable that today marks.) These are not families getting so-called Democrats say that they didn’t know Mr. LANGEVIN. I thank the gen- ‘‘overpayment checks’’ or cash from this 1099 provision was in this bill. The tleman for yielding. the government. These are honest, Mr. Speaker, I have always looked fact is this 1099 provision was part of a hardworking families who are just try- for opportunities and ways to support continuous assault by the Democratic ing to get ahead. our Nation’s small businesses. We all Party on small businesses across this The adoption of my amendment know that they are the real job cre- country. Now, eliminating this provi- would have stopped the Republican tax ators in our country. sion will further reduce the govern- increase on middle class families. It Today, I strongly support repealing ment’s burden placed on these busi- would still allow for the repeal of the the enhanced 1099 tax reporting re- nesses. onerous 1099 reporting requirements on quirement established under the Af- As a small business owner myself, I owners of small businesses. fordable Care Act. Businesses across know from personal experience that The SPEAKER pro tempore. The my home State of Rhode Island and the passing this resolution will allow em- time of the gentleman has again ex- country have made it crystal clear that ployers the time necessary to focus on pired. this is a highly problematic require- creating jobs rather than dealing with Mr. POLIS. I yield an additional 30 ment that will result in serious the burden of government paperwork. seconds to the gentleman from New logistical and financial burdens if it is Mr. Speaker, I urge my fellow col- York. not addressed before next year’s imple- leagues to vote in favor of repealing Mr. CROWLEY. Democrats want to mentation. this overbearing, burdensome, job-kill- enact the repeal of the 1099 reporting We passed the Affordable Care Act, in ing 1099 provision that the Democrats requirements. We passed a bill in July part, to ease the burdens of health care put into that bill. And as Thomas Jef- of 2010 that didn’t raise taxes on any- costs on small businesses, not to re- ferson once said: ‘‘When the people fear one. Instead, it closed loopholes that place them with onerous tax provi- their government, there is tyranny; allowed for the exporting of U.S. jobs sions. This is an opportunity for law- when the government fears the people overseas. makers, regardless of party affiliation, there is liberty.’’ Guess what happened to that bill? to come together and fix a problem in Mr. Speaker, it is time to liberate Your side blocked it. The Republicans the health care reform act that will our people, our small businesses from blocked it. protect businesses of all sizes. the burdens of this 1099 provision. That wasn’t the only time Democrats Now, I was proud to vote for the re- PARLIAMENTARY INQUIRY did this responsibly. Recently, the Sen- peal of this provision last year, and Mr. POLIS. Mr. Speaker, I have a ate passed a bipartisan, deficit-neutral was equally disappointed that it did parliamentary inquiry. repeal of the onerous 1099 business re- not garner enough votes to pass in ei- The SPEAKER pro tempore. The gen- porting requirements. Let me make it ther the House or the Senate. It is my tleman will state his inquiry. clear: Democrats are ready to repeal sincere hope that Democrats and Re- Mr. POLIS. Does section 4 of H.R. 4 1099 reporting requirements, but we publicans will take this opportunity to violate the rules of the House by pro- will not do it on the backs of hard- set aside their differences and agree to posing a tax increase? working middle class Americans. repeal this provision in both a fiscally The SPEAKER pro tempore. Is the Mr. SCOTT of South Carolina. Mr. and socially responsible way. gentleman asking about the underlying Speaker, I yield 1 minute to the gen- As currently drafted, this repeal bill or the pending resolution? tleman from New Hampshire (Mr. would be paid for by raising taxes on Mr. POLIS. The inquiry is regarding GUINTA). middle class families, making it harder the underlying bill. Mr. GUINTA. I thank the gentleman for them to afford private health insur- The SPEAKER pro tempore. The bill from South Carolina for yielding this ance when the Affordable Care Act goes is not yet pending. In any case, the time. into effect in 2014. This is unaccept- gentleman is asking for an advisory I rise to add my voice to those call- able. Surely, we can find a better way opinion. The Chair will not issue such ing for the repeal of the 1099 provision. to pay for a bill that lessens the tax an opinion. H.R. 4, very simply put, Mr. Speaker, burden on businesses than by increas- Mr. POLIS. I thank the gentleman. is about protecting small business own- ing the tax burden on middle class and Mr. Speaker, I yield myself such time ers, job creators in New Hampshire and low-income families. as I may consume. across our Nation, from onerous paper- Mr. Speaker, I think this is a ques- work burdens. Simple as that. Nothing b 1300 tion of how cleverly—or perhaps devi- more. Nothing less. To that end, I ask my colleagues to ously—the majority party constructed Currently, this piece of legislation, a support this measure, but to consider the rules of the House with regard to a component of the health care legisla- an alternative way to pay for this bill test as to whether presenting a family tion, requires those small business when the House resolves its differences earning $80,000 a year with a bill for owners to comply with the Federal with the Senate. Businesses every- $3,000 from the IRS is a tax increase or Government every time they spend $600 where are counting on us to come not. It would take some pretty fancy with an individual vendor over the through for them, as is the middle tap dancing to say that a $3,000 or course of a calendar year. I’ve talked class; and we can’t afford to let them $4,000 bill from the IRS to a middle to many small business owners in my down. class family is not a tax increase. If it

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.022 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1470 CONGRESSIONAL RECORD — HOUSE March 2, 2011 looks like a tax increase, if it smells Washington—more and more govern- My constituents have told me loud like a tax increase, it is a tax increase. ment regulation, more and more paper- and clear what this means to them. And it is contrary to the rules of the work—and this is exactly what we have One small business owner in my dis- House to allow a tax increase in this to clean up now after 4 years of what trict told me that just last year alone kind of bill. we’ve been dealing with. she had more than 500 transactions Now, I understand there’s some fancy Mr. Speaker, as a new Member I was that she would have had to report dancing and semantics around it, but I not in the body when the previous under this provision, the expense and think the American people and the vot- Democrat majority passed this job-de- enormous regulatory burden on her and ers of this country have a great deal of stroying regulation, taxes on every sec- her employees. She called it ridiculous, common sense with regard to this mat- tor of our economy. But as I did go and I think she is understating things. ter. When you get a $3,000 bill from the around, I heard from businesses like I hope Congress will overwhelmingly IRS that you have to pay—and if you Mussman’s Back Acres in Kankakee pass this bill. Let’s liberate our small don’t pay, as my colleagues on the County in my district, and I heard business owners from the mountain of other side of the aisle liked to point about the illogical burden that this paperwork and instead let them get out during the debate on the health would place on them, the people they back to work, creating jobs and moving care bill, you could face going to pris- would have to hire just to take care of our economy forward. on—that’s a tax increase. That’s a tax this requirement—one of the most il- Mr. POLIS. Mr. Speaker, I reserve increase. logical requirements I can say of the the balance of my time. What this bill does is tell hundreds of health care bill. It doesn’t make a heck Mr. SCOTT of South Carolina. Mr. thousands of middle class families, par- of a lot of sense. Speaker, I yield 1 minute to the gen- ticularly right on that cusp—we talk The 1099 requirement impacts small tleman from Nevada, Dr. HECK. about this 400 percent of poverty rate, businesses disproportionately by re- b 1310 again, that’s an arbitrary level, but it’s quiring them to file and collect 1099 tax a real level for families; it’s X dollars. forms for any business transaction— Mr. HECK. I thank the gentleman. Now it depends on the size of the fam- any one—over $600 or more per year, Mr. Speaker, today I also rise in sup- ily and it depends on the State, but these new requirements at a time when port of H.R. 4, the Small Business Pa- we’re talking $80,000, $90,000 a year, businesses can’t afford it. perwork Mandate Elimination Act of right in that range. You earn, as my Mr. CROWLEY. Will the gentleman 2011. There is no doubt this job-killing friend from New York pointed out, 250 yield? 1099 hidden tax deserves repeal. bucks more, the IRS sends you a bill, Mr. KINZINGER of Illinois. Actually, Nevada’s unemployment rate is a Na- $3,000, $4,000, $5,000; and if you don’t if you would allow me to keep speak- tion-high 14.5 percent. We need to cre- pay it, you face going to prison. ing, I would appreciate that. ate jobs. Eighty percent of Nevada’s I yield to the gentleman from New I am proud to be a cosponsor of this employees work for small businesses. York (Mr. CROWLEY). legislation to strip the 1099 require- So I asked small business owners what Mr. CROWLEY. I thank the gen- ment on business. This body will con- the government should do to create tleman. tinue to remove the undue burden on jobs. I was attempting to ask the gen- small businesses, the undue burden on Paul Beehler, a small business owner, tleman from Georgia to yield so I could society in general that was placed out operates Midas shops throughout ask him a question: What part of what of this body for the last 4 years. southern Nevada, buys multiple auto I said about the family of four earning It is high time that the Republican parts from multiple venders, said regu- $88,000 and getting a bonus of $250, and majority, and, frankly, with many col- lations and hidden taxes, like the 1099 their exposure then to $4,460 in taxes leagues on the other side that have hidden tax, keep him from hiring new was untrue? He was on a diatribe of his said it’s time to make small business workers. talking points about small businesses. work again—it’s time to give them the You know what? More than 170 small We understand small businesses, the freedom to hire people back. It’s time business organizations Nationwide burden that was placed there. We are to take our country back, get people agree with Paul and have called for the trying to remove that from them, but back to work, rein in government 1099 hidden tax’s repeal. not to place it on the backs of the mid- spending, and put government where it Mr. CROWLEY. Mr. Speaker, will the dle class. I understand he wanted to re- should be: limited, effective and effi- gentleman yield? move the burden from small business, cient. Mr. HECK. No, Mr. Speaker, I shall but to place it on the backs of the mid- Mr. POLIS. Mr. Speaker, I yield 20 not yield. dle class, that was the question I’ve seconds to my friend from New York Washington said it wants to hear job- asked. (Mr. CROWLEY). creating ideas from the business com- And by the way, I haven’t heard one Mr. CROWLEY. Once again I asked munity. Here is one that they are colleague from the other side of the the gentleman to yield. He refused to screaming about. aisle refute what I said about that fam- yield because he has no answer. But Nevada’s families are hurting. Amer- ily of four. Not one person has stood up I’m correct. The example that I gave of ican families are hurting. It’s time to and said, you’re wrong, Mr. CROWLEY. a family of four making $88,000 would end the job-killing 1099 hidden tax and That will not take place; that potential have a huge tax increase because of get Nevadans back to work. will not take place if this bill passes. this bill of $4,460. Mr. POLIS. Since the gentleman The silence is deafening from the other You refused to yield because you from New York has been unable to side. They know it’s a tax increase on know you cannot refute what I’m stat- enter into a colloquy with the several the middle class, Mr. POLIS. ing here on the floor. gentlemen he has sought to, I yield 45 Mr. POLIS. I reserve the balance of Mr. SCOTT of South Carolina. Mr. seconds to the gentleman from New my time. Speaker, I yield 1 minute to the gen- York (Mr. CROWLEY). Mr. SCOTT of South Carolina. Mr. tleman from Illinois (Mr. HULTGREN). Mr. CROWLEY. I appreciate the time Speaker, I yield 2 minutes to the gen- Mr. HULTGREN. I thank the gen- from the gentleman from Colorado. tleman from Illinois (Mr. KINZINGER). tleman. I’ve attempted so far again to ask Mr. KINZINGER of Illinois. I thank Today, I rise in support of H.R. 4. two more gentlemen from the other my colleague from South Carolina for This bill will repeal one of the most side of the aisle to yield for the pur- yielding. egregious and anti-jobs, anti-growth poses of answering a question. I’ve no- This is great. You know, it’s very in- provisions contained in last year’s ticed that not a single one as of yet has teresting to listen to this concern. health care law. This 1099 provision refuted the example that I gave of a When I was actually out on the cam- threatens our small business owners family of four earning $88,000 a year paign trail, I talked to a lot of small with an avalanche of paperwork and getting a $250 bonus being pumped up business owners. These small business bureaucracy when Congress should in- over the 401 percentile of the Federal owners were fired up. This is exactly stead be doing everything in our power poverty level and being exposed to a what they’re saying is wrong with to help employers create jobs. $4,460 tax.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.025 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1471 I wonder when the gentlemen were right now. What is? The $25 billion says to me is that the health care bill out campaigning last year and talking doesn’t fall out of the sky, out of the is badly flawed. to small businesses, did you talk to the air. It has to come from somewhere. It And we all recall the very famous middle class about the increase in the is a tax increase on the middle class. statement that was made, ‘‘We have to tax that you would propose when you You know it. We all know it. pass this bill before we can understand came to the floor of the House? One of Mr. SCOTT of Virginia. Mr. Speaker, what’s in it.’’ I’m trying to remember the first bills, number four, the fourth I yield 2 minutes to the gentleman who said that. Somebody said that. bill to increase taxes on the middle from Maryland, Dr. ANDY HARRIS. Somebody very prominent said that. class. Did you talk to those folks? Did Mr. HARRIS. Mr. Speaker, as if busi- So here we have a measure that is you let them know what you were nesses weren’t struggling enough with badly flawed. There is bipartisan con- doing to them? I suspect not. You have the worst recession since the Great De- sensus—278 cosponsors of Mr. LUN- two more speakers to refute what I’ve pression, some Washington bureaucrat GREN’s bill. And as Mr. LUNGREN said at said. I’m waiting. decided it was a good idea to distract the outset, Democrats were discour- The SPEAKER pro tempore. The the real job creators of our country aged from cosponsoring it because by time of the gentleman has expired. from doing what they do best—create cosponsoring the measure they admit- Mr. SCOTT of South Carolina. Mr. jobs. ted that this outrageous health care Speaker, I yield 2 minutes to the gen- To the gentleman from New York, bill was flawed. tleman from Virginia (Mr. RIGELL). that’s what this debate is about, Well, it got to the point where the Mr. RIGELL. I thank my friend and whether that hypothetical family actu- President of the United States in his the gentleman from South Carolina for ally has a job. But whether they should news conference right after the elec- yielding. be distracted from creating jobs by re- tion said the bill needs to be fixed, the Mr. Speaker, as a business owner for quiring them to fill out mountains of 1099 provision needs to be fixed. So he more than 20 years, I know firsthand 1099 paperwork. Obviously, the indi- was acknowledging right there that it that excessive tax paperwork and com- vidual who came up with this brilliant was flawed. Now, we have this big de- pliance matters are already major ex- idea has never had to meet a payroll or bate on CutGo and how we’re paying penses to our small businesses. And the deal with the day-to-day operations of for this. new reporting requirements included in a small business. And I would be happy to yield to my the health care law will substantially Mr. CROWLEY. Mr. Speaker, will the friend who has been requesting time to increase those costs. These new re- gentleman yield? ask the question that I know he’s going quirements impose yet another burden The SPEAKER pro tempore. The gen- to ask me because I’ve heard it a mil- on small businesses forcing them to de- tleman from Maryland controls the lion times over the last few minutes. vote more resources to filing taxes in- time. The gentleman, by his silence, is I yield to my friend from New York stead of going out and doing what they not willing to yield. (Mr. CROWLEY). do best, which is to create jobs. Mr. HARRIS. Small business owners Mr. CROWLEY. No. The last time, You know, in Virginia alone, small all over my district have told me that Mr. Speaker, was for the purpose of a businesses make up nearly 98 percent the 1099 provision would hurt their parliamentary inquiry. Mr. DREIER. I’m yielding to my of all business establishments and ac- business. Trish Date, who co-owns Rit- friend. The Speaker doesn’t need to count for—— tenhouse Fuel Services with her hus- Mr. CROWLEY. Will the gentleman band and Perry Hall, said it would be yield. Mr. CROWLEY. Thank you. yield? ‘‘an administrative nightmare that Mr. Speaker, the reason for my ask- Mr. RIGELL. No, I will not. The gen- would cost me thousands of dollars to ing for my colleagues to yield was to tleman’s question that he is persistent implement.’’ inquire as to the procedures of the Last year, she used over 250 indi- with is not germane. House. And account for more than 75 percent vidual vendors that will now require Mr. DREIER. Reclaiming my time, of new job growth. And according to a 1099 forms to be printed, copied, Mr. Speaker, I yielded to the gen- study by the Small Business Adminis- mailed, completed, and sent to the tleman to ask me a question. tration, the cost of complying with the venders and the IRS. Her small family- Mr. CROWLEY. I will ask that as Tax Code is 66 percent higher for small owned business simply does not have well. businesses as compared to large busi- the resources or capacity to handle What of the example I gave you of a nesses. this onerous regulation. family of four earning $88,000 a year Mr. CROWLEY. Mr. Speaker. Another business owner, Karen who gets a bonus—how many here have The SPEAKER pro tempore. The gen- Oertel, whose family owns and operates heard of a bonus of $250? They get a tleman from Virginia controls his the Harris Crab House on the eastern bonus because they worked hard. They time. The gentleman apparently re- shore, said this 1099 mandate would be get that bonus and they are in the 401 fuses to yield. ‘‘overwhelmingly burdensome on my percentile of the Federal poverty level. Mr. RIGELL. You know, these re- family business.’’ They get a bill from the IRS for $4,460. porting requirements are a classic ex- Mr. Speaker, the 1099 provision is What part of that is not a tax increase? ample of laws that are passed by people simply a job-destroying regulation that Mr. DREIER. Reclaiming my time, who have no clue what it means to go wastes precious time, labor, and Mr. Speaker, I will answer my friend out and create a job and that put pre- money. If we want to create jobs toby saying the following: It is a subsidy cious capital at risk. They’re created, morrow, I urge my colleagues to join that has provided that opportunity for these laws, by people who have never me in repealing this awful provision that taxpayer. It is a subsidy. met with a banker and have been told now by supporting H.R. 4. This is scored by the Congressional by a banker, ‘‘No, I can’t help you.’’ Mr. POLIS. I reserve the balance of Budget Office. So this bill, H.R. 4, is a step in the my time. Mr. CROWLEY. Will the gentleman right direction to help our small busi- Mr. SCOTT of South Carolina. Mr. yield? ness owners. I strongly urge my col- Speaker, I yield such time as he may Mr. DREIER. Could I finish the an- leagues to stand with me in voting in consume to the gentleman from Cali- swer to the question? Because I know favor of it. fornia, the chairman of the Rules Com- the gentleman has been interrupting, Mr. POLIS. After continuing to be mittee, Mr. DREIER. repeatedly, Members, and I, usually, as amazed that the gentleman from Vir- (Mr. DREIER asked and was given I ask people to yield, try not to do it ginia somehow said that a tax increase permission to revise and extend his re- more than three times. And the gen- is not a tax increase and is not ger- marks.) tleman has asked three, four, five mane, I am happy to yield 15 seconds to Mr. DREIER. Mr. Speaker, let me times. Some of our Members yield the gentleman from New York. first say that we all know why we’re when they’re doing 1-minute speeches. Mr. CROWLEY. Not germane. That’s here. There is a bipartisan consensus So let me just say that this is scored the answer. A $4,460 tax increase is not that the 1099 provision in this bill is by the Congressional Budget Office, germane to this debate we’re having flawed. It’s a mistake. And what it Mr. Speaker.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.027 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1472 CONGRESSIONAL RECORD — HOUSE March 2, 2011 b 1320 from my friend from New York, who of- increase. If we were looking for the It is scored not as a tax increase; it is fered an amendment that would repeal way to actually get rid of this problem, scored as a spending cut. And I know the middle class tax increase proposed there is a simple way to do that: let’s what the Joint Committee on Taxation in this Republican bill? The Crowley repeal the entire health care law. Be- has said, but they rely on the Congres- amendment would protect the middle cause the problem that we see today sional Budget Office as they look to class and maintain the bipartisan comes in the package of the health this. And so the fact is what this comes agreement that we had last year. care law itself. So consistent with re- down to is returning an improper gov- Mr. Speaker, we all agree that the ality is the fact that the Democrats ernment subsidy. And that is not a tax 1099 provisions in the Affordable Care have put us in this position. So we are increase. Act need to be addressed. There has working in a bipartisan fashion So if I could complete my statement, been excellent points made in that re- through the 1099 repeal to eliminate Mr. Speaker, now that I have answered gard from Members from both sides of this problem. the question posed by the gentleman, the aisle, but this is not the way to do Finally, we should all bear in mind this bill itself is in fact a badly flawed it, not on the backs of the middle class, that while this resolution is a closed measure, the Obama health care bill. not with a tax hike during a recession. rule, the opposition was offered an op- Republicans are proposing a substan- And for that reason, it is absolutely es- portunity to submit a substitute bill. tial tax hike for the middle class. Not sential that we provide the kind of re- They declined. We have also expanded only is that bad policy, but it’s also a lief that every small business in this debate to 21⁄2 hours. violation of the pledge that many of country deserves. And so we are in a The material previously referred to them signed committing to oppose all position where we have done this in, I by Mr. POLIS is as follows: tax increases. A tax increase is a tax believe, the most proper way. increase. When you get a $3,000, or AN AMENDMENT TO H. RES. 129 OFFERED BY The gentleman’s amendment doesn’t MR. POLIS OF COLORADO $4,000, or $5,000 bill from the IRS that comply with the CutGo provision that you have to pay the IRS, it’s called a (1) Strike ‘‘the previous question’’ and all we have. So for that reason, Mr. Speak- that follows and insert the following: tax increase. A tax increase. There is er, I am going to encourage my col- The previous question shall be considered nothing else to call it. as ordered on the bill, as amended, and on leagues to support this rule. No fancy dancing, no fancy words can Mr. POLIS. I yield myself such time any amendment thereto to final passage change the fact that a bill from the as I may consume. without intervening motion except: (1) two Look, in a climate of a fragile eco- IRS is a tax increase. And families hours and 30 minutes of debate equally di- making $80,000, $90,000 a year will re- vided and controlled by the chair and rank- nomic recovery, the last thing we want ceive substantial tax increases under ing minority member of the Committee on do is punish people for getting a raise the Republican version of paying for Ways and Means; (2) the amendment printed or earning a few extra dollars by work- this bill. in section 2, if offered by Representative ing an extra job. Mr. Speaker, if we defeat the pre- Crowley of New York or his designee, which Now, Mr. Speaker, this bill is in- shall be in order without intervention of any vious question, I will offer an amend- tended to help small businesses, and point of order, shall be considered as read, ment to the rule to make in order Mr. that’s something we all agree with. I and shall be separately debatable for 10 min- CROWLEY’s amendment to the bill. That ran a small business before I was elect- utes equally divided and controlled by the amendment simply says that nothing ed to Congress, and there is great sup- proponent and an opponent; and (3) one mo- in the bill will apply if it would result tion to recommit with or without instruc- port from both sides of the aisle to in a tax increase on anyone whose in- tions. making sure that we reduce the 1099 re- come is less than 500 percent of the (2) At the end of the resolution, add the porting requirements for small busi- Federal poverty line. following: nesses and people who happen to have a SEC. 2. The amendment referred to in the Mr. Speaker, I ask unanimous con- first section of this resolution is as follows: rental home. sent to insert the text of the amend- But this is a situation of thanks, but At the end of the bill, insert the following: ment in the RECORD, along with extra- no thanks. Thanks for saying I don’t SEC. llPROHIBITION OF TAX INCREASE ON neous material, immediately prior to AMERICA’S MIDDLE CLASS. have to fill out an extra form because the vote on the previous question. Any amendment made by this Act shall I bought a $600 refrigerator for my The SPEAKER pro tempore. Is there not apply to any taxable year beginning dur- rental property, but no thanks because objection to the request of the gen- ing any calendar year if such application of you are giving me a $5,000 bill from the tleman from Colorado? such amendment would result in an increase IRS. There was no objection. in the tax imposed by chapter 1 of the Inter- This Republican proposal undoes a Mr. POLIS. I urge a ‘‘no’’ vote on the nal Revenue Code of 1986 for any taxpayer bipartisan agreement that passed over- rule. whose household income is less than 500 per- whelmingly last Congress. Under this Mr. Speaker, I yield back the balance cent of the poverty line for the size of the Republican pay-for, an average middle family involved for a taxable year of the tax- of my time. payer beginning in such calendar year (com- class family could find out in January Mr. SCOTT of South Carolina. Mr. pared to the tax which would be imposed that they have to come up with $12,000 Speaker, we have heard a lot today under such chapter for such taxable year de- by April to send to the IRS with their about the cost and about taxes, about termined without regard to such amend- tax return, or they could face going to tax increases. We must be working ment). prison. An extra $100 in overtime here from very different mathematical sys- and a $500 holiday bonus there could tems. They keep saying that we are (The information contained herein was send a working family towards tax raising taxes, and there is nothing fur- provided by the Republican Minority on mul- court. tiple occasions throughout the 110th and ther from the truth than the state- 111th Congresses.) During the last Congress, the Repub- ments I have heard from the left. lican Party complained of being left You have consistently posed a ques- THE VOTE ON THE PREVIOUS QUESTION: WHAT IT REALLY MEANS out of the process; and while we didn’t tion that all of America needs an an- always have an open rule, every major This vote, the vote on whether to order the swer to: Is this in fact a tax increase? previous question on a special rule, is not piece of legislation came to the floor Well, according to the Joint Com- merely a procedural vote. A vote against or- under a structured rule. Members of mittee on Taxation, this is in fact a dering the previous question is a vote both parties come to the Rules Com- net tax cut of over $20 billion over the against the Republican majority agenda and mittee and have their amendments vet- next 10 years, and it will reduce the a vote to allow the opposition, at least for ted. Now, why aren’t we through this deficit by $166 million over the same the moment, to offer an alternative plan. It rule offering the good idea that the period of time. Let’s also keep in mind is a vote about what the House should be de- gentleman from California (Mr. DANIEL that these cost savings come from the bating. Mr. Clarence Cannon’s Precedents of the E. LUNGREN) offered? He said why don’t government recouping money that the House of Representatives (VI, 308–311), de- we remove the pay-for from this bill recipients should not have gotten in scribes the vote on the previous question on and simply disagree with CBO and see the first place. the rule as ‘‘a motion to direct or control the if we can pass it on that ground? Why That is not a tax increase. Let me consideration of the subject before the House are we not allowing the amendment say it one more time: that is not a tax being made by the Member in charge.’’ To

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On March call up House Resolution 128 and ask was reported out of the Committee on 15, 1909, a member of the majority party of- for its immediate consideration. Transportation and Infrastructure by a fered a rule resolution. The House defeated The Clerk read the resolution, as fol- voice vote on February 28, 2011. This the previous question and a member of the lows: legislation went through regular order opposition rose to a parliamentary inquiry, with bipartisan support. asking who was entitled to recognition. H. RES. 128 This is a clean, straight extension of Speaker Joseph G. Cannon (R–Illinois) said: Resolved, That upon the adoption of this current law, providing a hard freeze at ‘‘The previous question having been refused, resolution it shall be in order to consider in 2009 spending levels through the end of the gentleman from New York, Mr. Fitz- the House the bill (H.R. 662) to provide an ex- gerald, who had asked the gentleman to tension of Federal-aid highway, highway this fiscal year. Without this legisla- yield to him for an amendment, is entitled to safety, motor carrier safety, transit, and tion, the spending levels would expire the first recognition.’’ other programs funded out of the Highway on Friday, March 4, 2011. Because the vote today may look bad for Trust Fund pending enactment of a In an effort to provide more trans- the Republican majority they will say ‘‘the multiyear law reauthorizing such programs. parency and accountability of how this vote on the previous question is simply a All points of order against consideration of body has been run, which is different vote on whether to proceed to an immediate the bill are waived. The bill shall be consid- than how this body has been run for vote on adopting the resolution . . . [and] ered as read. All points of order against pro- the past 4 years, the Republican Con- has no substantive legislative or policy im- visions in the bill are waived. The previous plications whatsoever.’’ But that is not what question shall be considered as ordered on ference adopted a policy that would no they have always said. Listen to the Repub- the bill and any amendment thereto to final longer permit extensions of programs lican Leadership Manual on the Legislative passage without intervening motion except: on a continuing resolution or any other Process in the United States House of Rep- (1) one hour of debate equally divided and appropriations bills. This allows Mem- resentatives, (6th edition, page 135). Here’s controlled by the chair and ranking minority bers a straight up or down vote on an how the Republicans describe the previous member of the Committee on Transportation issue at hand and, in this case, it is question vote in their own manual: ‘‘Al- and Infrastructure; (2) the amendment print- surface transportation. though it is generally not possible to amend ed in the report of the Committee on Rules The Surface Transportation Exten- the rule because the majority Member con- accompanying this resolution, if offered by sion Act of 2011 continues the author- trolling the time will not yield for the pur- Representative Mica of Florida or his des- pose of offering an amendment, the same re- ignee, which shall be in order without inter- ization of Federal highway, transit, sult may be achieved by voting down the prevention of any point of order, shall be con- and highway safety programs through vious question on the rule. . . . When the sidered as read, shall be separately debatable the end of this fiscal year at the same motion for the previous question is defeated, for 10 minutes equally divided and controlled program funding levels established for control of the time passes to the Member by the proponent and an opponent, and shall fiscal year 2009. This authorization is who led the opposition to ordering the pre- not be subject to a demand for a division of essential to allow funds that had been vious question. That Member, because he the question; and (3) one motion to recommit included in transportation appropria- then controls the time, may offer an amend- with or without instructions. tions legislation to flow to States and ment to the rule, or yield for the purpose of amendment.’’ b 1330 local transit agencies. We are not try- In Deschler’s Procedure in the U.S. House ing to get in the way of decisions that The SPEAKER pro tempore. The gen- need to be made locally; we are simply of Representatives, the subchapter titled tleman from Texas is recognized for 1 ‘‘Amending Special Rules’’ states: ‘‘a refusal trying to make sure that they are le- hour. to order the previous question on such a rule gally executed. [a special rule reported from the Committee Mr. SESSIONS. Mr. Speaker, for the Should this straight extension of on Rules] opens the resolution to amend- purpose of debate only, I yield the cus- transportation funding not be signed ment and further debate.’’ (Chapter 21, sec- tomary 30 minutes to my friend, the into law before the March 4 deadline, tion 21.2) Section 21.3 continues: ‘‘Upon re- gentleman from Florida (Mr. the impact would be severe and imme- jection of the motion for the previous ques- HASTINGS), pending which I yield my- tion on a resolution reported from the Com- diate. A shutdown would result in im- self such time as I may consume. Dur- mediate furloughs and suspension of mittee on Rules, control shifts to the Mem- ing consideration of this resolution, all ber leading the opposition to the previous payments to States, which would ham- question, who may offer a proper amendment time is yielded for the purpose of de- per the Federal Highway Administra- or motion and who controls the time for debate only. tion’s ability to pay contractors. This bate thereon.’’ GENERAL LEAVE would jeopardize the States’ transpor- Clearly, the vote on the previous question Mr. SESSIONS. Mr. Speaker, I ask tation funding to a tune of $154 million on a rule does have substantive policy impli- unanimous consent that all Members a day, killing ongoing projects, things cations. It is one of the only available tools have 5 legislative days to revise and ex- which had been agreed on and are being for those who oppose the Republican major- tend their remarks. ity’s agenda and allows those with alter- done locally. native views the opportunity to offer an al- The SPEAKER pro tempore. Is there This level of funding was extended by ternative plan. objection to the request of the gen- the previous Congress six times start- tleman from Texas? ing in October of 2009. Continuing this Mr. SCOTT of South Carolina. I yield There was no objection. funding at 2009 levels allows for the ap- back the balance of my time, and I Mr. SESSIONS. Mr. Speaker, House propriate funding for States to com- move the previous question on the res- Resolution 128 provides for a struc- plete and manage their transportation olution. tured rule for consideration of H.R. 662. projects. With an extension through The SPEAKER pro tempore. The This rule provides for ample debate and the fiscal year, it will allow the new question is on ordering the previous opportunities for Members on both chairman of the Transportation Com- question. sides of the aisle, the majority and mi- mittee, my dear friend, the favorite son The question was taken; and the nority, to make sure that they have and gentleman from Florida (Mr. MICA) Speaker pro tempore announced that ample time to participate, come to the the appropriate time to hold necessary the ayes appeared to have it. floor, and express their ideas, which is hearings to review and re-estimate the Mr. POLIS. Mr. Speaker, on that I what this new Republican majority is funding essential for States to carry on demand the yeas and nays. enabling Members to do. their transportation projects. The yeas and nays were ordered. I rise today in support of this rule The Congressional Budget Office, The SPEAKER pro tempore. Pursu- and the underlying bill. The underlying which is also known as the CBO, has ant to clause 8 of rule XX, further pro- legislation is a simple extension of concluded that the underlying bill ceedings on this question will be post- service transportation programs today does not affect direct spending or poned. through September 30 of this year. revenues. Further, the CBO determined

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Imports in De- cember were up 41.9 percent compared to De- or tribal governments.’’ necessary extension that will get us cember 2000, while exports were up 57.7 per- Additionally, according to the De- through the rest of the year, and I look cent (Table 3). partment of Transportation, surface forward to an open and transparent U.S. SURFACE TRANSPORTATION TRADE WITH transportation allows for international process for the reauthorization for next CANADA trade, which helps sustain and create year’s funding also. I have confidence jobs that support our national econ- in not only Chairman MICA, but also U.S.-Canada surface transportation trade totaled $39.8 billion in December, up 12.2 per- omy. JOHN BOEHNER and ERIC CANTOR, as The data reported in the past 10 cent compared to December 2009. The value they lead this House of Representatives of imports carried by truck was 17.7 percent years says that U.S. surface transpor- on transportation issues, to do what’s tation trade between the United higher in December 2010 compared to Decem- right for a beautiful country that ex- ber 2009, while the value of exports carried States, Canada, and Mexico, has in- pects Congress to have an open and by truck was 10.4 percent higher during this creased 48.6 percent, a 13.8 percent in- transparent process that is good for all period (Table 4). crease in the past year alone. In De- Members. Michigan led all states in surface trade cember 2010, imports were up 41.9 per- I encourage my colleagues to vote with Canada in December with $4.7 billion cent compared to December 2000, while ‘‘yes’’ on the rule and ‘‘yes’’ on the un- (Table 5). exports were up 57.7 percent. derlying bill. U.S. SURFACE TRANSPORTATION TRADE WITH Currently, this trade is valued at DECEMBER 2010 SURFACE TRADE WITH CANADA MEXICO $66.5 billion annually. In an ever in- AND MEXICO ROSE 13.8 PERCENT FROM DE- U.S.-Mexico surface transportation trade creasing global market, the United CEMBER 2009 (STATE RANKINGS IN TABLES 5 States needs to ensure that our surface totaled $26.8 billion in December, up 16.3 per- AND 7) cent compared to December 2009. The value infrastructure can sustain the tremen- Trade using surface transportation be- of imports carried by truck was 16.3 percent dous growth rate of trade so that we tween the United States and its North Amer- higher in December 2010 than December 2009 can maintain international competi- ican Free Trade Agreement (NAFTA) part- while the value of exports carried by truck tiveness, create jobs and encourage ners Canada and Mexico was 13.8 percent was 18.7 percent higher (Table 6). higher in December 2010 than in December economic growth in the United States Texas led all states in surface trade with 2009, reaching $66.5 billion, according to the of America. Mexico in December with $9.5 billion (Table Bureau of Transportation Statistics (BTS) of Once again, Mr. Speaker, I rise in 7). support of this rule and the underlying the U.S. Department of Transportation (Table 1). The TransBorder Freight Data are a legislation. I applaud the Republican BTS, a part of the Research and Innovative unique subset of official U.S. foreign trade leadership for following regular order Technology Administration, reported that statistics released by the U.S. Census Bu- for the bipartisan nature of this bill, the value of U.S. surface transportation reau. New data are tabulated monthly and for Republicans and Democrats work- trade with Canada and Mexico fell 2.2 per- historical data are not adjusted for inflation. ing together through the entire proc- cent in December 2010 from November 2010 December TransBorder numbers include data ess, and up to and including the gen- (Table 2). Month-to-month changes can be af- received by BTS as of Feb. 16. The news release and summary tables can tleman, Mr. DREIER, the chairman of fected by seasonal variations and other factors. be found at http://www.bts.gov. More infor- the Rules Committee, extending an un- Surface transportation consists largely of mation on TransBorder Freight Data and usual amount of time so that every sin- freight movements by truck, rail and pipe- data from previous months are posted on the gle Member has an opportunity to line. In December, 84.8 percent of U.S. trade BTS website at http://www.bts.gov/programs/ come to this body and not only voice by value with Canada and Mexico moved on international/transborder/. BTS will release what they believe is important to them land. January TransBorder numbers on March 29. TABLE 1—VALUE OF MONTHLY U.S. SURFACE TRANSPORTATION TRADE WITH CANADA AND MEXICO [In millions of dollars]

Percent change Percent change Month 2008 2009 2010 2008–2009 2009–2010

January ...... 65,160 47,459 56,697 ¥27.2 19.5 February ...... 69,406 47,938 59,492 ¥30 .9 24 .1 March ...... 70,787 51,055 69,943 ¥27 .9 37 .0 April ...... 74,317 49,729 65,831 ¥33 .1 32 .4 May ...... 74,128 47,881 66,805 ¥35.4 39.5 June ...... 74,139 50,753 69,859 ¥31.5 37.6 July ...... 71,628 51,545 61,260 ¥28 .0 18 .8 August ...... 72,254 54,254 67,964 ¥24 .9 25 .3 September ...... 71,801 57,294 68,324 ¥20 .2 19 .3 October ...... 72,683 61,400 70,565 ¥15 .5 14 .9 November ...... 60,661 58,922 68,060 ¥2.9 15.5 December ...... 52,910 58,465 66,530 10.5 13.8 Annual ...... 829,875 636,695 791,329 ¥23.3 24.3 Note: Numbers may not add to totals due to rounding. Percent changes based on numbers prior to rounding. Source: BTS TransBorder Freight Data, http://www.bts.aov/programs/international/transborder/.

TABLE 2.—U.S. SURFACE TRADE WITH CANADA AND MEXICO BY MODE OF TRANSPORTATION [In millions of dollars]

Percent change Percent Mode December 2009 November December November change 2010 2010 December December 2010 2009–2010

All Surface Modes: Imports ...... 32,030 ...... 36,544 36,345 ¥0.5 13.5 Exports ...... 26,435 ...... 31,516 30,185 ¥4.2 14.2 Total ...... 58,465 ...... 68,060 66,530 ¥2.2 13.8 Truck: Imports ...... 19,223 ...... 23,761 22,480 ¥5.4 16.9 Exports ...... 20,600 ...... 24,660 23,390 ¥5.1 13.5 Rail: Imports ...... 6,451 ...... 7,222 7,106 ¥1.6 10.2 Exports ...... 3,317 ...... 3,912 3,785 ¥3.2 14.1 Pipeline: Imports ...... 5,125 ...... 4,413 5,157 16.9 0.6

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Percent change Percent Mode December 2009 November December November change 2010 2010 December December 2010 2009–2010

Exports ...... 373 ...... 482 549 13.9 47.2 Notes: Numbers may not add to totals due to rounding. Percent changes based on numbers prior to rounding. The value of trade for all surface modes is not equal to the sum of truck, rail and pipeline modes, it also includes ship- ments made by mail, foreign trade zones, and other transportation. For additional detail refer to the ‘‘Data Fields’’ Section of the TransBorder web page: http://www.bts.gov/programs/international/transborder/TBDRlDataFields.html. Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/international/transborder/.

TABLE 3.—DECEMBER 2010 SURFACE TRADE WITH CANADA AND MEXICO COMPARED WITH DECEMBER OF PRIOR YEARS

Percent change Compared to December in . . . Total surface Imports Exports trade

2009 ...... 13.5 14.2 13.8 2008 ...... 25.7 25.8 25.7 2007 ...... 5 .4 14 .3 9 .2 2006 ...... 7 .2 20 .1 12 .7 2005 ...... 5 .3 22 .8 12 .6 2004 ...... 22.5 34.8 27.8 2003 ...... 40.1 54.9 46.5 2002 ...... 54.0 75.6 63.1 2001 ...... 66.7 83.5 74.0 2000 ...... 41.9 57.7 48.6 Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/international/transborder/.

TABLE 4.—U.S. MERCHANDISE TRADE WITH CANADA BY SURFACE MODES OF TRANSPORTATION [In millions of dollars]

Percent change Percent Mode December November December November– change 2009 2010 2010 December December 2010 2009–2010

All Surface Modes ...... Imports ...... 18,926 20,461 21,432 4.7 13.2 Exports ...... 16,521 19,012 18,330 ¥3.6 10.9 Total ...... 35,447 39,472 39,762 0.7 12.2 Truck ...... Imports ...... 8,836 10,373 10,399 0.3 17.7 Exports ...... 12,776 14,667 14,106 ¥3.8 10.4 Rail ...... Imports ...... 4,121 4,893 4,707 ¥3.8 14.2 Exports ...... 1,825 2,133 2,095 ¥1.8 14.8 Pipeline ...... Imports ...... 5,107 4,398 5,142 16.9 0.7 Exports ...... 251 306 227 ¥26.0 ¥9.8 Notes: Numbers may not add to totals due to rounding. Percent changes based on numbers prior to rounding. The value of trade for all surface modes is not equal to the sum of truck, rail and pipeline modes, it also includes ship- ments made by mail, foreign trade zones, and other transportation. For additional detail refer to the ‘‘Data Fields’’ Section of the TransBorder web page: http://www.bts.gov/programs/international/transborder/TBDRlDataFields.html. Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/intemational/transborder/.

TABLE 5.—TOP 10 STATES TRADING WITH CANADA BY SURFACE MODES OF TRANSPORTATION, RANKED BY DECEMBER 2010 SURFACE TRADE VALUE [In millions of dollars]

December Rank State 2010

1 ...... Michigan ...... 4,672 2 ...... Illinois ...... 3,824 3 ...... New York ...... 3,276 4 ...... California ...... 2,462 5 ...... Ohio ...... 2,394 6 ...... Texas ...... 2,300 7 ...... Washington ...... 1,551 8 ...... Pennsylvania ...... 1,486 9 ...... Minnesota ...... 1,288 10 ...... Indiana ...... 1,202 Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/intemational/transborder/.

TABLE 6.—U.S. MERCHANDISE TRADE WITH MEXICO BY SURFACE MODES OF TRANSPORTATION [In millions of dollars]

Percent change No- Percent Mode December November December vember–De- change De- 2009 2010 2010 cember cember 2010 2009–2010

All Surface Modes ...... Imports ...... 13,104 16,083 14,913 ¥7.3 13.8 Exports ...... 9,914 12,504 11,855 ¥5.2 19.6 Total ...... 23,018 28,587 26,768 ¥6.4 16.3 Truck ...... Imports ...... 10,387 13,389 12,081 ¥9.8 16.3 Exports ...... 7,824 9,993 9,284 ¥7.1 18.7 Rail ...... Imports ...... 2,330 2,328 2,399 3.0 2.9 Exports ...... 1,491 1,780 1,690 ¥5.0 13.3 Pipeline ...... Imports ...... 18 15 15 4.0 ¥13.1 Exports ...... 122 175 322 83.8 165.0 Notes: Numbers may not add to totals due to rounding. Percent changes based on numbers prior to rounding. The value of trade for all surface modes is not equal to the sum of truck, rail and pipeline modes, it also includes ship- ments made by mail, foreign trade zones, and other transportation. For additional detail refer to the ‘‘Data Fields’’ Section of the TransBorder web page: http://www.bts.gov/programs/international/transborder/TBDRlDataFields.html Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/international/transborder/.

TABLE 7.—TOP 10 STATES TRADING WITH MEXICO BY SURFACE MODES OF TRANSPORTATION RANKED BY DECEMBER 2010 SURFACE TRADE VALUE [In millions of dollars]

December Rank State 2010

1 ...... Texas ...... 9,459 2 ...... California ...... 4,073

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December Rank State 2010

3 ...... Michigan ...... 2,922 4 ...... Arizona ...... 979 5 ...... Illinois ...... 915 6 ...... Ohio ...... 686 7 ...... Tennessee ...... 497 8 ...... Indiana ...... 445 9 ...... Georgia ...... 414 10 ...... North Carolina ...... 399 Source: BTS TransBorder Freight Data, http://www.bts.gov/programs/international/transborder/.

I reserve the balance of my time. underbed. I grew up near a railroad in One way to ease congestion is getting Mr. HASTINGS of Florida. I thank Altamonte Springs, Florida. And the more people to use public transit. In my good friend from Texas for yielding railbed in that time where I grew up in fact, transit use increased 25 percent the time. the 40s was 100 percent better than the between 1995 and 2005, faster than any Mr. Speaker, H.R. 662, the Surface railbed just outside of this city on the other mode of transportation. However, Transportation Extension Act of 2011, Amtrak line. That’s ridiculous. nearly half of American households do prevents our Nation’s highway, transit, Our interstate highway program has not have access to bus or rail transit, and safety programs from expiring changed little since it was created in and only 25 percent have what they ahead of the upcoming construction the 1950s by the distinguished Presi- consider to be a good alternative. season by extending them at fiscal year dent, Dwight Eisenhower’s vision. With On that note, increasing the capacity 2010 funding levels through September ever-increasing congestion—and we see of our transportation and infrastruc- 30 of this year. it right around here—and improvement ture network means nothing if our My friend from Texas referenced the costs, our Nation’s roads were even roads are not safe. Each year, thou- fact that it would be bad if we did not poorer at a D-minus in 2009. One-third sands of people die in road crashes in do this before March 4, and I agree with of America’s roads are in poor or medi- the United States, and millions more him thoroughly. I am hopeful that he ocre condition, and 45 percent of major are injured or disabled. As cochair of has the same attitude with reference to urban highways are congested. the Congressional Caucus on Global the overall aspect of any kind of shut- Just last January, the main road in Road Safety, I recognize that road crash fatalities and disabilities rep- down of the government. A shutdown and out of one of the cities that I’m resent a serious public health concern. would be bad in any of its particulars, privileged to represent, the city of This extension authorizes $742 billion and not just as he referenced it, that I Pahokee, was closed for 17 days be- in highway-safety programs adminis- agree with, in the area of transpor- cause of sunken asphalt. Now, that may not sound like much, a little old tered by the National Highway Traffic tation and infrastructure. town like Pahokee being cut off. But a Safety Administration, as well as $597 This extension allows States to con- collapsed culvert had created a 2-inch million for truck-safety activities of tinue signing contracts, managing dip measuring 252 square feet in size on the Federal Motor Carrier Safety Ad- planning and construction, and paying the northbound lane of State Road 715. ministration, in order to help save for vital transportation and infrastruc- This resulted in hours-long detours for lives and minimize crash-related inju- ture projects while we finalize a commuters and trucks, stymied local ries. multiyear authorization to update our and regional business, and regrettably Safe, dependable, and efficient trans- network. As all of us know, our inter- reduced access to Glades General Hos- portation is essential to our economic state highways, roads, and bridges are pital and Pahokee Airport. recovery and our Nation’s competitive- in desperate need of repairs and im- Similar stories can be found through- ness. At a time when unemployment in provements. All you have to do is drive out my home State of Florida and in- the construction industry is double the around Washington to prove that. deed in communities across this Na- national rate, this extension provides According to the American Society tion. We can, and we must, do better. much-needed market stability to cre- of Civil Engineers in their 2009 report Just as routine and preventive health ate and sustain thousands of jobs. card, which rates the operational con- care costs much less than a trip to the The transportation sector has played dition and future capacity of dams, lev- emergency room, regular maintenance a crucial role in rebuilding the U.S. ees, railways, roads, bridges, and tran- and improvements cost less than major economy, most recently through the sit by letter grade, our Nation’s surface overhauls and replacement. According Recovery Act, which provided $27.5 bil- infrastructure is rated at a ‘‘D.’’ to Transportation for America, for lion in new funding for surface trans- b 1340 every dollar that we spend today on portation programs through the exist- maintenance, we avoid $14 in future ing Federal-aid highway program and This is deplorable and, frankly, it’s costs. $8.4 billion for transit. In addition, $1.5 embarrassing—embarrassing for sev- H.R. 662 obligates up to $42.5 billion billion and $600 million were made eral reasons. I came here in 1992. We for Federal-aid highway programs and available in two rounds, respectively, were advocating on both sides of the $639 million for the equity bonus pro- by the discretionary grant program aisle that we should be about the busi- grams to ensure that States receive in known as TIGER, the Transportation ness of repairing bridges in this coun- Federal highway funds a certain por- Investments Generating Economic Re- try, and the multiples are enormous tion of the gasoline taxes that they covery. from that time. We were talking 14,000 contribute. Extending these highway, transit, bridges. Investing in our Nation’s roads is and other surface transportation pro- More than 26 percent of our Nation’s about more than getting from point A grams is not only essential to our Na- bridges today are either ‘‘structurally to point B faster, which would be, in tion’s continued economic recovery, deficient or functionally obsolete,’’ many respects, reason enough for many but also to our long-term prosperity with the number of such bridges in commuters. It’s about having more and future. Today, we find ourselves on urban areas on the rise. And we have time, about having more money, and the cusp of a great opportunity, the op- seen what disasters can occur when a about having more opportunities to portunity to make meaningful invest- bridge collapses. work, play, live, and enjoy life. Ameri- ments in the future of this country, Existing rail capacity is inadequate cans spend 4.2 billion hours a year improve our quality of life and cut fu- to handle future freight and passenger stuck in traffic at a cost to the econ- ture debt. We need a truly inter- rail growth without significant invest- omy of $78.2 billion. That averages to connected, multi-modal system that ef- ment. Last year, I took the Amtrak to $710 per motorist. Furthermore, poor fectively utilizes high-speed rail, light New York, and when returning to conditions cost motorists $67 billion a rail, streetcars, van pools, motor car- Washington, I looked at the rail year in repairs and operating costs. riers by water, efficient buses, cars and

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.012 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1477 bikes. We need a system that helps en- stops. But when you and I go drive Mr. HASTINGS of Florida. I say to sure that lower-income workers can down out of our home tomorrow morn- my colleague and my friend from Cali- also get to and hold down jobs, a sys- ing, think about when you stop, why fornia, sign me up. tem that gets people where they need are you stopping? It’s not for safety. Mr. Speaker, at this time I am very to go, increases our energy independ- Lord forbid, it’s not for fuel consump- pleased to yield 4 minutes to the dis- ence through new sources and innovation or for environmental conserva- tinguished gentlewoman from Florida tive technologies, improves air quality, tion; it is because the law says you (Ms. BROWN), the ranking member of reduces traffic deaths and injuries, and have to stop, even though there is a the Railroad Subcommittee and my creates jobs by supporting America’s cost in environmental and economic classmate. We came here together. hard-hit construction and manufac- impact. The safety factor is not the Ms. BROWN of Florida. I thank my turing sectors. factor being determined. It is easier for classmate for giving me this time. It is imperative that we not only ex- a local government to give you a ticket Mr. Speaker, I rise to speak on the tend the surface transportation pro- on a stop sign, or at least that percep- rule. I would like to begin by dis- grams through the end of the current tion is there, when a yield sign is just cussing the importance of reauthor- fiscal year, but also pass a multi-year— as enforceable. izing the surface transportation bill. It yes, multi-year, as many as a 6-year— A good example is why is a four-way has been a long time since we had a reauthorization as soon as possible. A stop always the easiest and the cheap- bill; since 2005, in fact. I cannot over- new multi-year surface transportation est way for a government to be able to emphasize the importance of com- control an intersection when every- authorization will create even more pleting this bill as soon as possible, not body knows that a roundabout has been jobs and ensure that we can meet our only to rebuild our Nation’s infrastruc- proven to be a major source of safety growing transportation needs in the ture but for the desperately needed and environmental and economic ben- 21st century in a way that is afford- jobs it will create. efit. Transportation projects are a natural able, efficient, innovative, resilient, The fact is that communities that sustainable, and accountable. economic development tool. The De- have been brave enough to try new partment of Transportation has indi- In this country, highways, roads, traffic control, like the new computer- bridges and transit are neither Demo- cated for every $1 billion invested in engineered roundabouts and traffic cir- transportation, it creates 42,000 perma- cratic nor Republican. They serve all cles, have not only proven that it re- Americans and help bring us closer to- nent jobs and $2.1 billion in economic duces congestion by a huge amount be- activity. It also saves the lives of 1,400 gether, literally. cause it stops the queuing approach; it people. You can’t argue with those I reserve the balance of my time. also eliminates that pollution that numbers. Mr. SESSIONS. Mr. Speaker, I would stop signs cause by five times more like to yield 5 minutes to the gen- Transportation funding is a win/win polluting than allowing somebody to for everyone involved. States get to tleman from Carlsbad, California (Mr. drive through an intersection at low improve their transportation infra- BILBRAY), a member of the Energy and speed, that roundabouts do. But it also structure, which creates economic de- Commerce Committee. eliminates, as the gentleman who just velopment, puts people back to work, 1350 spoke brought up, the safety factor. A b enhances safety, and improves local roundabout eliminates the T-boning Mr. BILBRAY. Mr. Speaker, I rise in communities. where fatalities occur. Actually, by support of the rule, and I would just Yet in delaying the passage of this going to the next generation of traffic like to say, Mr. Speaker, I think this is much-needed legislation any further, control, we can not only address fuel an opportunity for all of us, both we are doing a disservice to the driving consumption and pollution, but we can Democrats and Republicans, to talk population, and the Nation as a whole. openly and frankly about the fact that make our roads safer. So I really call on my colleagues on The States who are battling red ink we are at a point in our history where both sides of the aisle, let’s look at want to see this bill passed. The con- we need to not only spend money, but making sure that when we send this struction companies who are laying off we have to be smarter, too. I think too money over to the States and the cities employees want to see this bill passed. often in Washington we are thinking and the counties—and I was a mayor. I And the citizens waiting in traffic that our degree of efficiency or com- ran a transit system, the San Diego jams, like my constituents on the I–4 passion is based on how much we spend trolley system. We helped build that corridor in central Florida, want to see and not how well we accomplish our system. We need to make sure that we this bill passed. If this Congress fails to goals. are doing the right thing in govern- pass a real transportation funding bill, I would only ask my colleague who ment. And one of the things that we our Nation’s transportation infrastruc- just addressed us to join with some of are not doing in government that we ture, and the citizens who use it, will us who say that we need to be smarter. can do and lead through example, if we suffer for years to come. As a former member of the Air Re- truly care about public safety, environ- There are numerous studies that sources Board in California, I can show mental protection and fuel efficiency, have come out in the last few months you studies that have been done by if we really want to lead, let’s not man- documenting the current state of af- very noted research people that point date on the private sector that they fairs. The American Society of Civil out—one study alone that says we have to do something if we’re not will- Engineers has found that this country’s could reduce fuel and emission prob- ing to look at our colleagues here in infrastructure ranked ‘‘D’’—barely lems by 22.6 percent. But to do that, we government and say: We have to re- passing, certainly not acceptable for a not only have to address what is the form ourselves. superpower like the United States. private sector doing in Detroit in I call on my colleagues on the other So we need to really pass this bill building cars, but what is the govern- side of the aisle, let’s work together. and really pass a full 6-year reauthor- ment sector doing in controlling those Let’s start saying, look, local govern- ization bill so the States can plan and cars when they are on the road. ments, counties and cities; the environ- the communities can plan for their One of the biggest problems we have mental, economic, and safety impacts transportation needs. is Washington sends money out for of you not upgrading your traffic con- I have to take a moment to talk projects, but we do not hold those trol to an efficient system is costing about high-speed rail because come projects to a standard that has been our economy 22.6 percent more than it Friday—it is a very sad state of affairs upgraded to 21st century standards. An should. It is costing our environment for the people of Florida. The Governor example: There are studies that have 22.6 percent that it shouldn’t. And the of Florida, Rick Scott, has indicated shown that 97 percent of all stop signs fact is, we don’t know how many lives that he is going to turn down $2.5 bil- that you and I stop for every day, Mr. we can save until we are willing to do lion for Federal high-speed rail fund- Speaker, don’t have to be stop signs. that. ing. That is very sad for the people of Those could be yield signs. Now grant- I call on both sides, let’s get together Florida because we have worked for a ed, there are those sites with sight-dis- and work on this and set an example number of years across the aisle. Mr. tance problems where you have to have for the rest of the world. MICA and I have worked. And, in fact,

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.035 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1478 CONGRESSIONAL RECORD — HOUSE March 2, 2011 when I was first elected, for every dol- going to suffer. We have a roughly 12 tion’s overall national security had lar we sent to Washington, we were re- percent unemployment rate. That’s Dwight Eisenhower not had the vision ceiving 77 cents in Florida transpor- over 2 million people that’s unem- and those Congresspersons who were tation dollars. I worked to change that ployed. This is an opportunity to put here and the American people did not formula, and now we get 92 cents, and 60,000 people to work. That translates agree that we would have an interstate that is $5 billion. not just in jobs, but if you have a job, highway system. I understand that it Well, for once Florida has an oppor- you can pay your mortgage until the takes money to do these things. tunity to get some of their gasoline tax foreclosure goes down. It goes on and Let’s look at Minnesota as an exam- dollars back and to put Floridians to on. I want to thank the President, the ple. When the bridge collapsed in Min- work. We have 12 percent unemploy- Vice President, the mayors and all of neapolis, tragically, lives were lost and ment. With the 90 percent funding from the communities who have worked to- a system that was a city’s lifeblood had the Federal Government and the 10 per- gether for this project. to be repaired. It has been repaired. cent private, that would generate over Mr. SESSIONS. I yield myself such But wouldn’t it have been so much bet- 60,000 jobs. But it is so sad, and it is time as I may consume. ter, not just to avoid the tragedy, really a no-brainer for the Governor. Madam Speaker, I enjoy my col- that’s obvious, but could we not have He indicated he spent over $100 million leagues coming to the floor and talking as we do see in some of these situa- to be the Governor of the State of Flor- about us being without a vision and tions, that these bridges need repair, ida, and he indicated that he wanted to that the people will perish. People are these levees need repair. The put Floridians to work. perishing all across our country be- Congresspersons from Louisiana were Well, Mr. Governor, how are you cause of the excessive spending that talking about the levees that were going to put them to work? What are this administration and the previous blown away during Katrina 10 years be- you going to work them on besides two Congresses have placed upon the fore that happened. I stand here today talk? What really puts people to work people. Excessive debt. This year, the and talk about a levee in the Ever- is transportation and infrastructure, President has estimated we will have a glades that unless it’s repaired, it is and it is a no-brainer, the high-speed $1.650 trillion debt. And as best I can going to cause a disaster. You either rail project. The communities have tell you, some sense of reality and dose pay me now on these things or you pay worked on it. In fact, in 1980 Bob of discipline must be invoked upon this a whole lot later. We’re not talking about not spending, not investing. Graham, being the Governor, appointed Congress. That’s what we’re attempt- We’re talking about doing it wisely and me to a committee to work on high- ing to do not only by this bill today but by also following regular order, by with accountability. speed rail. Let me just say, when there While I support the underlying bill, I allowing Members of Congress to come is no vision, the people perish. would like to express my disappoint- and speak very clearly on the floor, by The SPEAKER pro tempore. The ment at the closed process. My col- allowing an open process, things which time of the gentlewoman has expired. league comes down here and talks were never allowed in the previous two Mr. HASTINGS of Florida. I yield the about all the Members are going to get Congresses. gentlelady 1 additional minute. a chance to come down here and I appreciate Members coming to the And I would also take this oppor- they’re going to get a chance to ex- floor and talking about what’s in the tunity, if she would yield to me, to ask press their ideas. Well, there may be best interests of the country. Madam her a question. some Members that may have had an Speaker, the bottom line is that the Ms. BROWN of Florida. I yield to the amendment that might innovate some- Republican majority is going to do gentleman. thing or might improve our transpor- something about jobs. We’re going to Mr. HASTINGS of Florida. The pre- tation system. My friend from Texas do something about spending. We will vious SAFETEA-LU measure provided will claim that this is technically not a bring discipline, authority, responsi- some funding for a high-speed rail cor- closed rule, and it’s true that the rule ridor. This particular provision does bility and actions directly to the floor did allow one—one—amendment by of the House of Representatives as op- not. Am I correct that if we were to do Chairman MICA, who wrote the under- the high-speed rail project, that the posed to spending which was out of lying bill that I support. You heard lowest estimate is it would provide control, ideas which ran amok, and a that correctly. The only Member who 30,000 jobs? lack of vision and clarity for our fu- is allowed to offer an amendment is the Ms. BROWN of Florida. Sir, that is ture. I’m very proud of what we’re same Member who wrote the bill. the lowest; but it would provide 60,000 doing here today. On January 5, the distinguished jobs because you’re not just looking at I reserve the balance of my time. Speaker of this House for whom I have the construction, but everywhere you Mr. HASTINGS of Florida. I yield great respect, and he is a friend of build a station is economic develop- myself the balance of my time. mine, stated the following: ment, and it is jobs. Madam Speaker, when the gentle- ‘‘Above all else, we will welcome the Let me say, this is public-private. In woman from Florida was speaking battle of ideas, encourage it, and en- other words, we would be contracting about the light rail program that may gage in it—openly, honestly, and re- the jobs out. Companies, private com- expire on Friday, and I am hopeful that spectfully. As the Chamber closest to panies, would be building these sta- our Governor will understand that, a the people, the House works best when tions. In fact, over eight different com- retort came from my friend from Texas it is allowed to work its will.’’ panies have indicated that they want about her saying about a lack of vision My colleague from Massachusetts to be partners with this. It is sort of is what causes these kinds of matters. (Mr. MCGOVERN) offered a motion for the way we build airports. The Federal The gentlewoman from Florida was an open rule, so these important mat- Government goes in and puts the major talking about light rail. I don’t recall ters could be debated openly on the infrastructure down, and then there my friend from Texas being upset when House floor. But this amendment was are private operators. we did light rail in Houston, and I was defeated last night, or yesterday, in a The SPEAKER pro tempore. The for that. I might add all of us know party-line vote. In addition, I also time of the gentlewoman has again ex- that we need to move people as best we made a motion to amend the rule and pired. can in other methodologies, as I have make in order an amendment by Dele- Mr. HASTINGS of Florida. I yield the described earlier. gate HOLMES NORTON of Washington, gentlewoman an additional 30 seconds. Madam Speaker, Democrats and Re- D.C. and cosponsored by Mr. MORAN of publicans must work together to invest Virginia which would simply have per- 1400 b more in our Nation’s aging transpor- mitted the District of Columbia to Ms. BROWN of Florida. All I’ve got tation infrastructure network; invest spend its own money after March 4—in to say is that I have been elected for 30 more, not less. We have a vision for other words, this coming Friday—in years and this is in my opinion the America’s future transportation infra- the event of a government shutdown. worst politics I have ever seen. The structure. Now we need the leadership That was defeated on a party-line vote. Bible says, ‘‘Without vision, the people to make it a reality. I shudder to think I ask you, Madam Speaker, does this perish.’’ The people of Florida are what would have happened to this Na- sound like an open process to you? I

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.037 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1479 urge my colleagues to vote ‘‘no’’ on possible, allows for a Democrat motion Buerkle Heller Petri Burgess Hensarling Pitts this rule and instead pass this much- to recommit. Burton (IN) Herger Platts needed extension through a truly open Madam Speaker, you heard me say Calvert Herrera Beutler Poe (TX) process that allows all Members to earlier today that my Republican col- Camp Huelskamp Pompeo offer amendments. leagues and I are committed to an open Campbell Huizenga (MI) Posey Canseco Hultgren Price (GA) I yield back the balance of my time. process and to far, far more account- Cantor Hunter Quayle Mr. SESSIONS. Madam Speaker, I ability, transparency, and an open Capito Hurt Reed will say that this process that we have process than what our friends have Carter Issa Rehberg had as opposed to having it just mixed Cassidy Jenkins Reichert ever allowed us for the last 4 years. Chabot Johnson (IL) Renacci in a resolution allows for a motion to Today’s legislation is a step in the Chaffetz Johnson (OH) Ribble recommit for the gentleman and his right direction. The underlying bill has Chandler Johnson, Sam Richardson party, and it is my hope that they will bipartisan support, even up at the Coble Jones Rigell Coffman (CO) Jordan Rivera take up that open process that we Rules Committee, where Republicans Cole Kelly Roby talked about where we’ll see what their and Democrats support this underlying Conaway King (IA) Roe (TN) ideas are. In a few minutes we’ll find legislation. It went through regular Cravaack King (NY) Rogers (AL) out when they make that choice. Crawford Kingston Rogers (KY) order, which is a structure which Crenshaw Kinzinger (IL) Rogers (MI) Madam Speaker, we’ve heard a lot of worked, and open debate on the floor. Cuellar Kissell Rohrabacher things during this debate, up to and in- This is just the first step in the nec- Culberson Kline Rokita cluding about thoughts and ideas about essary transportation funding—an open Davis (KY) Labrador Rooney DeFazio Lamborn Ros-Lehtinen shutting down the government, that dialogue with the American people, cit- Denham Lance Roskam that looms ahead of us. Not one Repub- ies, States, counties—and it is essen- Dent Landry Ross (AR) lican, not one Republican, is talking tial that the Transportation and Infra- DesJarlais Lankford Ross (FL) about shutting down the government. Diaz-Balart Latham Royce structure Committee takes the time to Dold LaTourette Runyan It is an issue that Republican leader- review where it is and to come up with Donnelly (IN) Latta Ryan (WI) ship, including the gentleman Mr. the recommendations in allowing for a Dreier Lewis (CA) Scalise BOEHNER, the Speaker of this House, future that will be even brighter and Duffy LoBiondo Schilling Duncan (SC) Long Schmidt has openly talked about that we will do better. Duncan (TN) Lucas Schock every single thing that we can do to Allowing this funding gives the Ellison Luetkemeyer Schrader avoid a government shutdown. States the tools that they need. We are Ellmers Lummis Schwartz So it’s my hope that this body would Emerson Lungren, Daniel Schweikert working, as Chairman MICA is, with Farenthold E. Scott (SC) recognize, we’re not offering that as a counties, cities, States, and with elect- Fincher Mack Scott, Austin threat to the American people. We’re ed officials all across the country. The Fitzpatrick Manzullo Sensenbrenner open for doing business. We’re trying hard work that he is doing pays off Flake Marchant Sessions Fleischmann Marino Shimkus to make sure we not only address this again today. I will predict that we will Fleming Matheson Shuler issue weeks ahead of time but that pass this rule and this bill on a bipar- Flores McCarthy (CA) Shuster we’re forthright about how we would go tisan basis because of the way our Forbes McCaul Smith (NE) about giving options, opportunities, Fortenberry McClintock Smith (NJ) Speaker, JOHN BOEHNER, our majority Foxx McCotter Smith (TX) how we would work with the President leader, ERIC CANTOR, and also the great Franks (AZ) McHenry Southerland and the Senate to make sure that we chairman, JOHN MICA, insist on making Frelinghuysen McIntyre Stearns avoid this from happening. sure that the floor is run with openness Gallegly McKeon Stivers Gardner McKinley Stutzman Secondly, we heard about a vision for the body. I look forward to working Garrett McMorris Sullivan statement, a vision statement that evi- with Chairman MICA and the rest of the Gerlach Rodgers Terry dently is lacking now from Repub- committee on that endeavor. Gibbs Meehan Thompson (PA) licans. Well, the facts of the case are Gibson Mica Thornberry Madam Speaker, I yield back the bal- Gingrey (GA) Miller (FL) Tiberi very simple and, that is, the vision ance of my time, and I move the pre- Gohmert Miller (MI) Tipton that our country sees ahead right now vious question on the resolution. Goodlatte Miller, Gary Turner is diminishment of jobs, of a free enter- Gosar Mulvaney Upton The previous question was ordered. Gowdy Murphy (CT) Walberg prise system that is overburdened by The SPEAKER pro tempore (Mrs. Granger Murphy (PA) Walden rules and regulations, a policy that EMERSON). The question is on the reso- Graves (GA) Myrick Walsh (IL) comes from this administration that is lution. Graves (MO) Neugebauer Webster about destroying jobs, whether it be Griffin (AR) Noem West The question was taken; and the Griffith (VA) Nugent Westmoreland from the Environmental Protection Speaker pro tempore announced that Grimm Nunes Whitfield Agency, the Securities and Exchange the ayes appeared to have it. Guinta Nunnelee Wilson (SC) Commission or, government-wide, an Guthrie Olson Wittman Mr. HASTINGS of Florida. Madam Hall Palazzo Wolf assault on the free enterprise system Speaker, on that I demand the yeas Harper Paul Womack and upon employers. and nays. Harris Paulsen Woodall The yeas and nays were ordered. Hartzler Pearce Yoder b 1410 Hastings (WA) Pence Young (AK) So what we are trying to do is to The SPEAKER pro tempore. Pursu- Hayworth Peters Young (FL) offer some reassurance today that we ant to clause 8 of rule XX, this 15- Heck Peterson Young (IN) will go ahead and reauthorize the Sur- minute vote on adopting House Resolu- NAYS—169 tion 128 will be followed by 5-minute face Transportation bill and that there Ackerman Carson (IN) DeGette will be the understanding that the gen- votes on ordering the previous question Andrews Castor (FL) DeLauro tleman—the fabulous chairman of the on House Resolution 129; and adopting Baca Chu Deutch House Resolution 129, if ordered. Baldwin Cicilline Dicks committee, JOHN MICA from Florida— Barrow Clarke (MI) Dingell will, in fact, lead in a bipartisan effort The vote was taken by electronic de- Bass (CA) Clarke (NY) Doggett vice, and there were—yeas 256, nays Becerra Clay Doyle with Ranking Member RAHALL to pro- 169, not voting 7, as follows: Berkley Cleaver Edwards vide the opportunity to make sure that Berman Clyburn Engel there is public involvement, that open [Roll No. 155] Bishop (GA) Cohen Eshoo hearings are held, that we in com- YEAS—256 Bishop (NY) Connolly (VA) Farr Blumenauer Conyers Fattah Adams Bartlett Blackburn mittee talk about this, and that every Boswell Cooper Filner Aderholt Barton (TX) Bonner Member is given a chance to partici- Brady (PA) Costa Frank (MA) Akin Bass (NH) Bono Mack Braley (IA) Costello Fudge pate. Alexander Benishek Boren Brown (FL) Courtney Garamendi That is what Republicans are now Altmire Berg Boustany Butterfield Critz Gonzalez Amash Biggert Brady (TX) willing to do: regular order, open proc- Capps Crowley Green, Al Austria Bilbray Brooks esses, and a chance to make sure, as Capuano Cummings Green, Gene Bachmann Bilirakis Broun (GA) Cardoza Davis (CA) Grijalva they find their way here to the floor, Bachus Bishop (UT) Buchanan Carnahan Davis (IL) Gutierrez that every single bill we want, where Barletta Black Bucshon

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.038 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1480 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Hanabusa McCarthy (NY) Sarbanes [Roll No. 156] Costa Kaptur Rahall Hastings (FL) McCollum Schakowsky Costello Keating Rangel Heinrich McDermott Schiff YEAS—243 Courtney Kildee Reyes Higgins McGovern Scott (VA) Adams Gohmert Nunes Critz Kind Richardson Himes McNerney Scott, David Aderholt Goodlatte Nunnelee Crowley Kucinich Richmond Hinchey Meeks Serrano Akin Gosar Olson Cuellar Langevin Ross (AR) Hirono Michaud Sewell Alexander Gowdy Palazzo Cummings Larsen (WA) Rothman (NJ) Holden Miller (NC) Sherman Altmire Granger Paul Davis (CA) Larson (CT) Roybal-Allard Holt Miller, George Davis (IL) Lee (CA) Sires Amash Graves (GA) Paulsen Ruppersberger Hoyer Moore DeFazio Levin Slaughter Austria Graves (MO) Pearce Rush Inslee Moran DeGette Lewis (GA) Smith (WA) Bachmann Griffin (AR) Pence Ryan (OH) Israel Nadler DeLauro Lipinski Speier Bachus Griffith (VA) Petri Sa´ nchez, Linda Jackson (IL) Napolitano Barletta Grimm Pitts Deutch Loebsack T. Jackson Lee Neal Stark Dicks Lofgren, Zoe Bartlett Guinta Platts Sanchez, Loretta (TX) Olver Sutton Dingell Lowey Barton (TX) Guthrie Poe (TX) Sarbanes Johnson (GA) Owens Thompson (CA) Doggett Luja´ n Bass (NH) Hall Pompeo Schakowsky Johnson, E. B. Pallone Thompson (MS) Donnelly (IN) Lynch Benishek Harper Posey Schiff Kaptur Pascrell Tierney Doyle Maloney Berg Harris Price (GA) Schwartz Keating Pastor (AZ) Tonko Edwards Markey Biggert Hartzler Quayle Scott (VA) Kildee Payne Towns Ellison Matheson Bilbray Hastings (WA) Reed Scott, David Kind Perlmutter Tsongas Engel Matsui Bilirakis Hayworth Rehberg Serrano Kucinich Pingree (ME) Van Hollen Eshoo McCarthy (NY) Bishop (UT) Heck Reichert Sewell Langevin Polis ´ Farr McCollum Velazquez Black Heller Renacci Sherman Larsen (WA) Price (NC) Visclosky Blackburn Hensarling Fattah McDermott Larson (CT) Quigley Ribble Filner McGovern Shuler Walz (MN) Bonner Herger Rigell Sires Lee (CA) Rahall Wasserman Bono Mack Herrera Beutler Frank (MA) McIntyre Levin Rivera Slaughter Rangel Schultz Boren Huelskamp Fudge McNerney Lewis (GA) Reyes Roby Garamendi Meeks Smith (WA) Waters Boustany Huizenga (MI) Roe (TN) Speier Lipinski Richmond Brady (TX) Hultgren Gonzalez Michaud Watt Rogers (AL) Stark Loebsack Rothman (NJ) Brooks Hunter Green, Al Miller (NC) Waxman Rogers (KY) Sutton Lofgren, Zoe Roybal-Allard Broun (GA) Hurt Green, Gene Miller, George Weiner Rogers (MI) Thompson (CA) Lowey Ruppersberger Buchanan Issa Grijalva Moore Welch Rohrabacher Thompson (MS) Luja´ n Rush Bucshon Jenkins Gutierrez Moran Wilson (FL) Rokita Tierney Lynch Ryan (OH) Buerkle Johnson (IL) Hanabusa Murphy (CT) Woolsey Rooney Tonko Maloney Sa´ nchez, Linda Burgess Johnson (OH) Hastings (FL) Nadler Ros-Lehtinen Towns Markey T. Wu Burton (IN) Johnson, Sam Heinrich Napolitano Roskam Tsongas Matsui Sanchez, Loretta Yarmuth Calvert Jones Higgins Neal Ross (FL) Van Hollen Camp Jordan Himes Olver NOT VOTING—7 Royce Vela´ zquez Campbell Kelly Hinchey Owens Runyan Carney Hinojosa Simpson Canseco King (IA) Hirono Pallone Visclosky Ryan (WI) Giffords Honda Cantor King (NY) Holden Pascrell Walz (MN) Scalise Hanna Pelosi Capito Kingston Holt Pastor (AZ) Wasserman Schilling Carter Kinzinger (IL) Honda Payne Schultz Schmidt b 1437 Cassidy Kissell Hoyer Pelosi Waters Schock Inslee Perlmutter Watt Messrs. OWENS, FRANK of Massa- Chabot Kline Chaffetz Labrador Schrader Israel Peters Waxman chusetts, and GUTIERREZ changed Coble Lamborn Schweikert Jackson (IL) Peterson Weiner their vote from ‘‘yea’’ to ‘‘nay.’’ Coffman (CO) Lance Scott (SC) Jackson Lee Pingree (ME) Welch Scott, Austin (TX) Polis Woolsey Mr. DEFAZIO changed his vote from Cole Landry Conaway Lankford Sensenbrenner Johnson (GA) Price (NC) Wu ‘‘nay’’ to ‘‘yea.’’ Cravaack Latham Sessions Johnson, E. B. Quigley Yarmuth So the resolution was agreed to. Shimkus Crawford LaTourette NOT VOTING—4 The result of the vote was announced Crenshaw Latta Shuster Simpson as above recorded. Culberson Lewis (CA) Giffords Hinojosa Davis (KY) LoBiondo Smith (NE) Hanna Wilson (FL) A motion to reconsider was laid on Denham Long Smith (NJ) the table. Dent Lucas Smith (TX) b 1445 Stated for: DesJarlais Luetkemeyer Southerland Diaz-Balart Lummis Stearns So the previous question was ordered. Mr. CARNEY. Madam Speaker, on rollcall Dold Lungren, Daniel Stivers The result of the vote was announced No. 155, had I been present, I would have Dreier E. Stutzman as above recorded. voted ‘‘yea.’’ Duffy Mack Sullivan Stated against: Stated against: Duncan (SC) Manzullo Terry Duncan (TN) Marchant Thompson (PA) Ms. WILSON of Florida. Madam Speaker, Mr. ELLISON. Madam Speaker, on March 2, Ellmers Marino Thornberry on rollcall No. 156, had I been present, I 2011, I inadvertently voted ‘‘yea’’ on rollcall Emerson McCarthy (CA) Tiberi would have voted ‘‘nay.’’ No. 155. I intended to vote ‘‘no.’’ Farenthold McCaul Tipton Fincher McClintock Turner The SPEAKER pro tempore. The f Fitzpatrick McCotter Upton question is on the resolution. Flake McHenry Walberg PROVIDING FOR CONSIDERATION The question was taken; and the Fleischmann McKeon Walden Speaker pro tempore announced that OF H.R. 4, SMALL BUSINESS PA- Fleming McKinley Walsh (IL) PERWORK MANDATE ELIMI- Flores McMorris Webster the ayes appeared to have it. NATION ACT OF 2011 Forbes Rodgers West Mr. HASTINGS of Florida. Madam Fortenberry Meehan Westmoreland Speaker, on that I demand the yeas The SPEAKER pro tempore. The un- Foxx Mica Whitfield Franks (AZ) Miller (FL) Wilson (SC) and nays. finished business is the vote on order- Frelinghuysen Miller (MI) Wittman The yeas and nays were ordered. ing the previous question on the reso- Gallegly Miller, Gary Wolf The SPEAKER pro tempore. This is a lution (H. Res. 129) providing for con- Gardner Mulvaney Womack 5-minute vote. sideration of the bill (H.R. 4) to repeal Garrett Murphy (PA) Woodall Gerlach Myrick Yoder The vote was taken by electronic de- the expansion of information reporting Gibbs Neugebauer Young (AK) vice, and there were—yeas 252, nays requirements for payments of $600 or Gibson Noem Young (FL) 175, not voting 5, as follows: Gingrey (GA) Nugent Young (IN) more to corporations, and for other [Roll No. 157] purposes, on which the yeas and nays NAYS—185 YEAS—252 were ordered. Ackerman Boswell Chandler Adams Barton (TX) Bono Mack The Clerk read the title of the resolu- Andrews Brady (PA) Chu Aderholt Bass (NH) Boren tion. Baca Braley (IA) Cicilline Akin Benishek Boustany The SPEAKER pro tempore. The Baldwin Brown (FL) Clarke (MI) Alexander Berg Brady (TX) question is on ordering the previous Barrow Butterfield Clarke (NY) Altmire Biggert Brooks Bass (CA) Capps Clay Amash Bilbray Broun (GA) question. Becerra Capuano Cleaver Austria Bilirakis Buchanan This will be a 5-minute vote. Berkley Cardoza Clyburn Bachmann Bishop (UT) Bucshon The vote was taken by electronic de- Berman Carnahan Cohen Bachus Black Buerkle Bishop (GA) Carney Connolly (VA) Barletta Blackburn Burgess vice, and there were—yeas 243, nays Bishop (NY) Carson (IN) Conyers Bartlett Bonner Burton (IN) 185, not voting 4, as follows: Blumenauer Castor (FL) Cooper

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.013 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1481 Calvert Huelskamp Poe (TX) Heinrich McDermott Schakowsky savings to the federal government. The Com- Camp Huizenga (MI) Pompeo Higgins McGovern Schiff mittee adopted the resolution by voice vote Campbell Hultgren Posey Himes McNerney Schwartz with a quorum present. Canseco Hunter Price (GA) Hinchey Meeks Scott (VA) Enclosed is a copy of the resolution adopt- Cantor Hurt Quayle Hirono Michaud Scott, David Capito Issa Rahall Holt Miller (NC) ed by the Committee on February 16, 2011. Serrano Sincerely, Carney Jenkins Reed Honda Miller, George Sewell OHN ICA Carter Johnson (IL) Rehberg Hoyer Moore Sherman J L. M , Inslee Moran Cassidy Johnson (OH) Reichert Sires Chairman. Chabot Johnson, Sam Israel Murphy (CT) Renacci Slaughter Enclosure. Chaffetz Jones Jackson (IL) Nadler Ribble Smith (WA) Chandler Jordan Rigell Jackson Lee Napolitano Speier HOUSE OF REPRESENTATIVES, COM- Coble Kelly Rivera (TX) Neal Stark MITTEE ON TRANSPORTATION AND Coffman (CO) King (IA) Roby Johnson (GA) Olver Sutton NFRASTRUCTURE Cole King (NY) Roe (TN) Johnson, E. B. Owens I , Thompson (CA) Conaway Kingston Rogers (AL) Kaptur Pallone Washington, DC. Thompson (MS) Cravaack Kinzinger (IL) Rogers (KY) Keating Pascrell COMMITTEE RESOLUTION Crawford Kissell Rogers (MI) Kildee Payne Tierney FEDERAL TRADE COMMISSION/NATIONAL Crenshaw Kline Rohrabacher Kind Pelosi Tonko GALLERY OF ART CONSOLIDATION Culberson Labrador Rokita Kucinich Perlmutter Towns Davis (KY) Lamborn Rooney Langevin Pingree (ME) Tsongas Whereas, the General Services Administra- Denham Lance Ros-Lehtinen Larsen (WA) Polis Van Hollen tion proposed in Lease Prospectus PDC–14– Dent Landry Roskam Larson (CT) Price (NC) Vela´ zquez WA11 to the U.S. House Committee on DesJarlais Lankford Ross (AR) Lee (CA) Quigley Visclosky Diaz-Balart Latham Levin Rangel Transportation and Infrastructure a request Ross (FL) Walz (MN) to lease up to 427,000 square feet for the Fed- Dold LaTourette Royce Lewis (GA) Reyes Wasserman Lipinski eral Trade Commission in addition to the Dreier Latta Runyan Richardson Schultz Duffy Lewis (CA) Loebsack Richmond Ryan (WI) Waters 306,000 square feet of space in the Apex build- Duncan (SC) LoBiondo Lofgren, Zoe Rothman (NJ) Scalise Watt ing currently housing part of the Federal Lowey Roybal-Allard Duncan (TN) Long Schilling Trade Commission operations; Luja´ n Ruppersberger Waxman Ellmers Lucas Schmidt Whereas, a proposed alternate plan to con- Lynch Rush Weiner Emerson Luetkemeyer Schock Farenthold Lummis Maloney Ryan (OH) Welch solidate space currently leased or occupied Schrader Fincher Lungren, Daniel Markey Sa´ nchez, Linda Wilson (FL) by the Federal Trade Commission and Na- Schweikert Fitzpatrick E. Matsui T. Woolsey tional Gallery of Art can save taxpayers Scott (SC) Flake Mack McCarthy (NY) Sanchez, Loretta Wu nearly 1/3 billion dollars and meet both agen- Scott, Austin Fleischmann Manzullo McCollum Sarbanes Yarmuth Sensenbrenner cies’ current and future space requirements; Fleming Marchant Sessions Whereas, the National Gallery of Art cur- Flores Marino NOT VOTING—5 Shimkus rently leases 60,000 square feet of space and Forbes Matheson Giffords Hanna Pastor (AZ) Shuler will require an additional 150,000 square feet Fortenberry McCarthy (CA) Hall Hinojosa Shuster Foxx McCaul of space for future use; Simpson Franks (AZ) McClintock b 1451 Whereas, the Federal Trade Commission Smith (NE) Frelinghuysen McCotter currently uses only 160,000 square feet of the Gallegly McHenry Smith (NJ) So the resolution was agreed to. 306,000 gross square foot building located at Smith (TX) Gardner McIntyre The result of the vote was announced 600 Pennsylvania Avenue, NW, to house ap- Garrett McKeon Southerland Stearns as above recorded. proximately 450 federal employees, resulting Gerlach McKinley in an inefficient use of the building, creating Gibbs McMorris Stivers A motion to reconsider was laid on Gibson Rodgers Stutzman the table. waste and costing the taxpayer; Gingrey (GA) Meehan Sullivan Whereas, only 3% of the space in the build- Gohmert Mica Terry f ing located at 600 Pennsylvania Avenue, NW Thompson (PA) Goodlatte Miller (FL) HOUR OF MEETING ON TOMORROW is designated as actual hearing space for Gosar Miller (MI) Thornberry Federal Trade Commission operations; Gowdy Miller, Gary Tiberi Mr. WESTMORELAND. Madam Whereas, the Federal Trade Commission Granger Mulvaney Tipton Turner Speaker, I ask unanimous consent that also leases two additional locations in the Graves (GA) Murphy (PA) District of Columbia totaling 220,000 square Graves (MO) Myrick Upton when the House adjourns today, it ad- Griffin (AR) Neugebauer Walberg journ to meet at 10 a.m. tomorrow. feet and 56,000 square feet, respectively; Walden Whereas, on May 13, 2010, the General Serv- Griffith (VA) Noem The SPEAKER pro tempore. Is there Grimm Nugent Walsh (IL) ices Administration submitted a prospectus Guinta Nunes Webster objection to the request of the gen- number PDC–14–WA11 to the Committee on Guthrie Nunnelee West tleman from Georgia? Transportation and Infrastructure for an ad- Harper Olson Westmoreland There was no objection. ditional 150,000 square feet of leased space for Whitfield Harris Palazzo the Federal Trade Commission; Hartzler Paul Wilson (SC) f Hastings (WA) Paulsen Wittman Whereas, President Franklin D. Roosevelt, Hayworth Pearce Wolf COMMUNICATION FROM CHAIR OF in laying the cornerstone for the building at Heck Pence Womack COMMITTEE ON TRANSPOR- 600 Pennsylvania Avenue, NW, did so to con- Heller Peters Woodall TATION AND INFRASTRUCTURE. solidate government operations out of scat- Hensarling Peterson Yoder tered space into consolidated space ‘‘to save Herger Petri Young (AK) The SPEAKER pro tempore laid be- the taxpayers’ money’’; Herrera Beutler Pitts Young (FL) fore the House the following commu- Whereas, President Barack Obama’s Presi- Holden Platts Young (IN) nication from the Chair of the Com- dential Memorandum of June 10, 2010, in ac- NAYS—175 mittee on Transportation and Infra- cordance with Executive Order 13327 issued structure; which was read and, without by President George W. Bush, requires fed- Ackerman Chu Deutch eral agencies to maximize the utilization Andrews Cicilline Dicks objection, referred to the Committee and efficiency of space; Baca Clarke (MI) Dingell on Appropriations: Baldwin Clarke (NY) Doggett Whereas, the management of federal real Barrow Clay Donnelly (IN) HOUSE OF REPRESENTATIVES, COM- property was placed on the Government Ac- Bass (CA) Cleaver Doyle MITTEE ON TRANSPORTATION AND countability Office’s ‘‘High Risk’’ list in 2003 Becerra Clyburn Edwards INFRASTRUCTURE, where it remains today; Berkley Cohen Ellison Washington, DC, March 2, 2011. Whereas, the Government Accountability Berman Connolly (VA) Engel Hon. JOHN BOEHNER, Office concluded, regarding the use of aging Bishop (GA) Conyers Eshoo Speaker of the House, House of Representatives, buildings that ‘‘[m]any of these assets and Bishop (NY) Cooper Farr Blumenauer Costa Fattah The Capitol, Washington, DC. organizational structures are no longer need- Boswell Costello Filner DEAR MR. SPEAKER: On February 16, 2011, ed; others are not effectively aligned with, or Brady (PA) Courtney Frank (MA) pursuant to the provisions of 40 U.S.C. 3307, responsive to, agencies’ changing missions. Braley (IA) Critz Fudge the Committee on Transportation and Infra- At the same time, technological advances Brown (FL) Crowley Garamendi structure met in open session to consider a have changed workplace needs, and many of Butterfield Cuellar Gonzalez resolution related to the General Services the older buildings are not configured to ac- Capps Cummings Green, Al Administration’s (GSA) FY2011 Capital In- commodate new technologies’’; Capuano Davis (CA) Green, Gene Cardoza Davis (IL) Grijalva vestment and Leasing Program. The resolu- Whereas, it is in the national interest to Carnahan DeFazio Gutierrez tion authorizes the consolidation of the oper- maximize use of federal space and save tax- Carson (IN) DeGette Hanabusa ations of the National Gallery of Art and the payer dollars through the more efficient use Castor (FL) DeLauro Hastings (FL) Federal Trade Commission that will result in of space consistent with federal policies;

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.022 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1482 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Whereas, the National Gallery of Art was space provided by the Administrator of Gen- TITLE I—FEDERAL-AID HIGHWAYS created in 1937 for the people of the United eral Services pursuant to this resolution for SEC. 101. EXTENSION OF FEDERAL-AID HIGHWAY States by Congress as an independent ‘‘bu- no more than ten (10) years after the reloca- PROGRAMS. reau’’ of the Smithsonian Institution as tion of the Federal Trade Commission. (a) IN GENERAL.—Section 411 of the Surface codified in 20 United States Code § 72; Provided further, that the General Services Transportation Extension Act of 2010 (Public Whereas, the National Gallery of Art is a Administration shall not delegate to any Law 111–147; 124 Stat. 78) is amended— federal government-owned organization; other agency the authority granted by this (1) by striking ‘‘the period beginning on Whereas, Congress provides funds to main- resolution. October 1, 2010, and ending on March 4, 2011’’ tain the National Gallery of Art to ensure it Adopted: February 16, 2011. each place it appears (except in subsection remains open to the general public free of JOHN L. MICA, M.C., (c)(2)) and inserting ‘‘fiscal year 2011’’; and charge as codified in 20 United States Code Chairman. (2) in subsection (a) by striking ‘‘March 4, § 74; There was no objection. 2011’’ and inserting ‘‘September 30, 2011’’. Whereas, the National Gallery of Art re- (b) AUTHORIZATION OF APPROPRIATIONS.— ceives 80% of its funding through Federal ap- f Section 411(b)(2) of the Surface Transpor- propriations; SURFACE TRANSPORTATION tation Extension Act of 2010 (124 Stat. 79) is Whereas, 75% of National Gallery of Art EXTENSION ACT OF 2011 amended by striking ‘‘155⁄365 of’’. employees are federal employees; (c) USE OF FUNDS.—Section 411(c) of the Whereas, the 30-year net present value of Mr. MICA. Madam Speaker, pursuant Surface Transportation Extension Act of 2010 the savings to the taxpayer realized from to House Resolution 128, I call up the (124 Stat. 79) is amended— consolidating the National Gallery of Art’s bill (H.R. 662) to provide an extension (1) in paragraph (2)— leased space into government owned space is of Federal-aid highway, highway safe- (A) by striking ‘‘155⁄365 of’’; and $145 million; ty, motor carrier safety, transit, and (B) by striking ‘‘the period beginning on Whereas, the building located at 600 Penn- other programs funded out of the High- October 1, 2010, and ending on March 4, 2011,’’ sylvania Avenue, NW would require more way Trust Fund pending enactment of and inserting ‘‘fiscal year 2011’’; than $137 million in taxpayer funded renova- (2) in paragraph (4)— tions for continued use by the Federal Trade a multiyear law reauthorizing such (A) in subparagraph (A)(ii) by striking ‘‘, Commission as office space; programs, and ask for its immediate except that during such period obligations Whereas, the National Gallery of Art has consideration. subject to such limitation shall not exceed authority to and shall raise and use private The Clerk read the title of the bill. 155⁄365 of the limitation on obligations in- funds to renovate the building at 600 Penn- The SPEAKER pro tempore. Pursu- cluded in an Act making appropriations for sylvania Avenue, NW for the benefit of the ant to House Resolution 128, the bill is fiscal year 2011’’; and American people; considered read. (B) in subparagraph (B)(ii)(II) by striking Whereas, renovating the building at 600 The text of the bill is as follows: ‘‘$271,356,164’’ and inserting ‘‘$639,000,000’’; Pennsylvania Avenue, NW will preserve a and H.R. 662 historic building and maximize its use by the (3) by striking paragraph (5); American people; Be it enacted by the Senate and House of Rep- (d) EXTENSION AND FLEXIBILITY FOR CER- Whereas, the space in the building located resentatives of the United States of America in TAIN ALLOCATED PROGRAMS.—Section 411(d) at 600 Pennsylvania Avenue, NW would be Congress assembled, of the Surface Transportation Extension Act optimally located and adjacent to the Na- SECTION 1. SHORT TITLE; RECONCILIATION OF of 2010 (124 Stat. 80) is amended— FUNDS. tional Gallery of Art West and East wings (1) by striking ‘‘155⁄365 of’’ each place it ap- providing additional space consistent with (a) SHORT TITLE.—This Act may be cited as pears; and the mission of the National Gallery of Art as the ‘‘Surface Transportation Extension Act (2) in paragraph (4)(A) by striking ‘‘2009’’ codified in law; of 2011’’. and inserting ‘‘2010’’. Whereas, such use of the 600 Pennsylvania (b) RECONCILIATION OF FUNDS.—The Sec- (e) EXTENSION OF AUTHORIZATIONS UNDER Avenue, NW building would complete the retary of Transportation shall reduce the TITLE V OF SAFETEA–LU.—Section 411(e) of cultural triangle in the District of Columbia; amount apportioned or allocated for a pro- the Surface Transportation Extension Act of Whereas, relocating the Federal Trade gram, project, or activity under this Act in 2010 (124 Stat. 82) is amended— Commission into lower maintenance and fiscal year 2011 by amounts apportioned or (1) in paragraph (1)(B) by striking ‘‘155⁄365’’; more energy efficient space will further save allocated pursuant to the Surface Transpor- and taxpayer dollars; tation Extension Act of 2010 and the Surface (2) in paragraph (3)(A) by striking ‘‘2009’’ Whereas, there are significant savings in Transportation Extension Act of 2010, Part II and inserting ‘‘2010’’. consolidations of operations—employee shut- for the period beginning on October 1, 2010, (f) ADMINISTRATIVE EXPENSES.—Section tle, child care, communications and oper- and ending on March 4, 2011. 412(a)(2) of the Surface Transportation Ex- ational efficiencies. (c) TABLE OF CONTENTS.— tension Act of 2010 (Public Law 111–147; 124 Therefore, be it resolved by the Committee on Sec. 1. Short title; reconciliation of funds. Stat. 83) is amended to read as follows: Transportation and Infrastructure of the U.S. TITLE I—FEDERAL-AID HIGHWAYS ‘‘(2) $422,425,000 for fiscal year 2011.’’. House of Representatives, that, pursuant to Sec. 101. Extension of Federal-aid highway TITLE II—EXTENSION OF HIGHWAY title 40 U.S.C. § 3307(a), the Administrator of programs. SAFETY PROGRAMS General Services shall transfer administra- SEC. 201. EXTENSION OF NATIONAL HIGHWAY tive jurisdiction and custody and control of TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS TRAFFIC SAFETY ADMINISTRATION the building located at 600 Pennsylvania Av- HIGHWAY SAFETY PROGRAMS. Sec. 201. Extension of National Highway enue, NW, Washington, D.C. to the National (a) CHAPTER 4 HIGHWAY SAFETY PRO- Traffic Safety Administration Gallery of Art and relocate the Federal GRAMS.—Section 2001(a)(1) of SAFETEA–LU Trade Commission, currently located at 600 highway safety programs. (119 Stat. 1519) is amended by striking ‘‘and Sec. 202. Extension of Federal Motor Carrier Pennsylvania Avenue, NW, Washington, D.C. $99,795,000 for the period beginning on Octo- Safety Administration pro- to (1) up to 200,000 usable square feet of space ber 1, 2010, and ending on March 4, 2011.’’ and located in Federal Office Building Number 8, grams. Sec. 203. Additional programs. inserting ‘‘and $235,000,000 for fiscal year Southwest, District of Columbia; (2) 1800 F 2011.’’. Street, NW, District of Columbia; or (3) such TITLE III—PUBLIC TRANSPORTATION (b) HIGHWAY SAFETY RESEARCH AND DEVEL- other building in the District of Columbia PROGRAMS OPMENT.—Section 2001(a)(2) of SAFETEA–LU owned by the Government that the Adminis- Sec. 301. Allocation of funds for planning (119 Stat. 1519) is amended by striking ‘‘and trator of General Services considers appro- programs. $45,967,000 for the period beginning on Octo- priate. Sec. 302. Special rule for urbanized area for- ber 1, 2010, and ending on March 4, 2011.’’ and It is further resolved, that the Adminis- mula grants. inserting ‘‘and $108,244,000 for fiscal year trator of General Services is authorized to Sec. 303. Allocating amounts for capital in- 2011.’’. consolidate Federal Trade Commission oper- vestment grants. (c) OCCUPANT PROTECTION INCENTIVE ations in the District of Columbia into effi- Sec. 304. Apportionment of formula grants GRANTS.—Section 2001(a)(3) of SAFETEA–LU cient, modern government-owned space. for other than urbanized areas. (119 Stat. 1519) is amended by striking ‘‘and Provided, that no appropriated funds shall Sec. 305. Apportionment based on fixed $10,616,000 for the period beginning on Octo- be used for the initial renovation, remod- guideway factors. ber 1, 2010, and ending on March 4, 2011.’’ and eling, or reconstruction of the building at 600 Sec. 306. Authorizations for public transpor- inserting ‘‘and $25,000,000 for fiscal year Pennsylvania Avenue, NW, Washington, D.C. tation. 2011.’’. Provided further, that terms and conditions, Sec. 307. Amendments to SAFETEA–LU. (d) SAFETY BELT PERFORMANCE GRANTS.— including rental rate, applied to the Federal Sec. 308. Level of obligation limitations. Section 2001(a)(4) of SAFETEA–LU (119 Stat. Trade Commission by the Administrator of TITLE IV—EXTENSION OF EXPENDITURE 1519) is amended by striking ‘‘and $52,870,000 General Services, for use of the building lo- AUTHORITY for the period beginning on October 1, 2010, cated at 600 Pennsylvania Avenue, NW, Sec. 401. Extension of expenditure author- and ending on March 4, 2011.’’ and inserting Washington, D.C. shall apply to replacement ity. ‘‘and $124,500,000 for fiscal year 2011.’’.

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(e) STATE TRAFFIC SAFETY INFORMATION ‘‘(6) $8,000,000 for fiscal year 2011.’’. beginning October 1, 2010 and ending March SYSTEM IMPROVEMENTS.—Section 2001(a)(5) of (g) OUTREACH AND EDUCATION.—Section 4, 2011,’’ and inserting ‘‘2011’’; and SAFETEA–LU (119 Stat. 1519) is amended by 4127(e) of SAFETEA–LU (119 Stat. 1741) is (B) in subparagraph (C) by striking ‘‘2010, striking ‘‘and $14,651,000 for the period begin- amended by striking ‘‘2010,’’ and all that fol- and $2,123,000 shall be available for the period ning on October 1, 2010, and ending on March lows before ‘‘to carry out’’ and inserting beginning October 1, 2010 and ending March 4, 2011.’’ and inserting ‘‘and $34,500,000 for fis- ‘‘2010, and 2011’’. 4, 2011,’’ and inserting ‘‘2011’’; and cal year 2011.’’. (h) GRANT PROGRAM FOR COMMERCIAL (3) in paragraph (7)— (f) ALCOHOL-IMPAIRED DRIVING COUNTER- MOTOR VEHICLE OPERATORS.—Section 4134(c) (A) in subparagraph (A)— MEASURES INCENTIVE GRANT PROGRAM.—Sec- of SAFETEA–LU (119 Stat. 1744) is amended (i) by striking ‘‘(A) FERRY BOAT SYSTEMS.— tion 2001(a)(6) of SAFETEA–LU (119 Stat. by striking ‘‘2009’’ and all that follows before ’’ and all that follows through ‘‘(i) FISCAL 1519) is amended by striking ‘‘and $59,027,000 ‘‘to carry out’’ and inserting ‘‘2011’’. YEARS 2006 THROUGH 2010.—$10,000,000 shall be for the period beginning on October 1, 2010, (i) MOTOR CARRIER SAFETY ADVISORY COM- available in each of fiscal years 2006 through and ending on March 4, 2011.’’ and inserting MITTEE.—Section 4144(d) of SAFETEA–LU 2010’’ and inserting the following: (119 Stat. 1748) is amended by striking ‘‘and $139,000,000 for fiscal year 2011.’’. ‘‘(A) FERRY BOAT SYSTEMS.—$10,000,000 (g) NATIONAL DRIVER REGISTER.—Section ‘‘March 4, 2011’’ and inserting ‘‘September 30, shall be available in each of fiscal years 2006 2011’’. 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is through 2011’’; (j) WORKING GROUP FOR DEVELOPMENT OF amended by striking ‘‘and $1,748,000 for the (ii) by striking clause (ii); PRACTICES AND PROCEDURES TO ENHANCE FED- period beginning on October 1, 2010, and end- (iii) by redesignating subclauses (I) ing on March 4, 2011.’’ and inserting ‘‘and ERAL-STATE RELATIONS.—Section 4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. through (VIII) as clauses (i) through (viii), $4,116,000 for fiscal year 2011.’’. respectively, and moving the text of such (h) HIGH VISIBILITY ENFORCEMENT PRO- 1759) is amended by striking ‘‘March 4, 2011’’ clauses 2 ems to the left; and GRAM.—Section 2001(a)(8) of SAFETEA–LU and inserting ‘‘September 30, 2011’’. (iv) by inserting a period at the end of (119 Stat. 1520) is amended by striking ‘‘and SEC. 203. ADDITIONAL PROGRAMS. clause (iv) (as so redesignated); $12,315,000 for the period beginning on Octo- (a) HAZARDOUS MATERIALS RESEARCH (B) in subparagraph (B)— ber 1, 2010, and ending on March 4, 2011.’’ and PROJECTS.—Section 7131(c) of SAFETEA–LU inserting ‘‘and $29,000,000 for fiscal year (119 Stat. 1910) is amended by striking (i) by striking ‘‘for the period beginning 2011.’’. ‘‘through 2010 and $531,000 for the period be- October 1, 2010 and ending March 4, 2011’’; (i) MOTORCYCLIST SAFETY.—Section ginning on October 1, 2010, and ending on and 2001(a)(9) of SAFETEA–LU (119 Stat. 1520) is March 4, 2011’’ and inserting ‘‘through 2011’’. (ii) by adding after clause (v) the following: amended by striking ‘‘and $2,973,000 for the (b) DINGELL-JOHNSON SPORT FISH RESTORA- ‘‘(vi) $13,500,000 for fiscal year 2011.’’; period beginning on October 1, 2010, and end- TION ACT.—Section 4 of the Dingell-Johnson (C) in subparagraph (C) by striking ‘‘, and ing on March 4, 2011.’’ and inserting ‘‘and Sport Fish Restoration Act (16 U.S.C. 777c) is during the period beginning October 1, 2010 $7,000,000 for fiscal year 2011.’’. amended— and ending March 4, 2011,’’; (j) CHILD SAFETY AND CHILD BOOSTER SEAT (1) in subsection (a) by striking ‘‘through (D) in subparagraph (D) by striking ‘‘, and SAFETY INCENTIVE GRANTS.—Section 2010, and for the period beginning on October not less than $14,863,000 shall be available for 2001(a)(10) of SAFETEA–LU (119 Stat. 1520) is 1, 2010, and ending on March 4, 2011,’’ and in- the period beginning October 1, 2010 and end- amended by striking ‘‘and $2,973,000 for the serting ‘‘through 2011,’’; and ing March 4, 2011,’’; and period beginning on October 1, 2010, and end- (2) in subsection (b)(1)(A) by striking (E) in subparagraph (E) by striking ‘‘, and ing on March 4, 2011.’’ and inserting ‘‘and ‘‘through 2010, and for the period beginning $1,273,000 shall be available for the period be- $7,000,000 for fiscal year 2011.’’. on October 1, 2010, and ending on March 4, ginning October 1, 2010 and ending March 4, (k) ADMINISTRATIVE EXPENSES.—Section 2011,’’ and inserting ‘‘through 2011’’. 2011,’’. 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is TITLE III—PUBLIC TRANSPORTATION SEC. 304. APPORTIONMENT OF FORMULA amended by striking ‘‘and $10,756,000 for the PROGRAMS GRANTS FOR OTHER THAN URBAN- period beginning on October 1, 2010, and end- IZED AREAS. ing on March 4, 2011.’’ and inserting ‘‘and SEC. 301. ALLOCATION OF FUNDS FOR PLANNING Section 5311(c)(1)(F) of title 49, United PROGRAMS. $25,328,000 for fiscal year 2011.’’. Section 5305(g) of title 49, United States States Code, is amended to read as follows: SEC. 202. EXTENSION OF FEDERAL MOTOR CAR- Code, is amended by striking ‘‘2010, and for ‘‘(F) $15,000,000 for fiscal year 2011.’’. RIER SAFETY ADMINISTRATION PRO- the period beginning October 1, 2010, and end- SEC. 305. APPORTIONMENT BASED ON FIXED GRAMS. GUIDEWAY FACTORS. (a) MOTOR CARRIER SAFETY GRANTS.—Sec- ing March 4, 2011,’’ and inserting ‘‘2011’’. SEC. 302. SPECIAL RULE FOR URBANIZED AREA Section 5337 of title 49, United States Code, tion 31104(a)(7) of title 49, United States is amended— Code, is amended to read as follows: FORMULA GRANTS. Section 5307(b)(2) of title 49, United States (1) in subsection (a), in the matter pre- ‘‘(7) $209,000,000 for fiscal year 2011.’’. ceding paragraph (1), by striking ‘‘2010’’ and (b) ADMINISTRATIVE EXPENSES.—Section Code, is amended— inserting ‘‘2011’’; and 31104(i)(1)(G) of title 49, United States Code, (1) by striking the paragraph heading and (2) by striking subsection (g). is amended to read as follows: inserting ‘‘SPECIAL RULE FOR FISCAL YEARS ‘‘(G) $244,144,000 for fiscal year 2011.’’. 2005 THROUGH 2011.—’’; SEC. 306. AUTHORIZATIONS FOR PUBLIC TRANS- PORTATION. (c) GRANT PROGRAMS.—Section 4101(c) of (2) in subparagraph (A) by striking ‘‘2010, SAFETEA–LU (119 Stat. 1715) is amended— and the period beginning October 1, 2010, and (a) FORMULA AND BUS GRANTS.—Section (1) in paragraph (1) by striking ‘‘2009’’ and ending March 4, 2011,’’ and inserting ‘‘2011,’’; 5338(b) of title 49, United States Code, is all that follows before the period and insert- and amended— ing ‘‘2011’’; (3) in subparagraph (E)— (1) by striking paragraph (1)(F) and insert- (2) in paragraph (2) by striking ‘‘, 2007’’ and (A) by striking the subparagraph heading ing the following: all that follows before the period and insert- and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL ‘‘(F) $8,360,565,000 for fiscal year 2011.’’; and ing ‘‘through 2011’’; YEARS 2008 THROUGH 2011.—’’; and (2) in paragraph (2)— (3) in paragraph (3) by striking ‘‘, 2007’’ and (B) in the matter preceding clause (i) by (A) in subparagraph (A) by striking all that follows before the period and insert- striking ‘‘In fiscal years 2008 through 2010, ‘‘$48,198,000 for the period beginning October ing ‘‘through 2011’’; and during the period beginning October 1, 1, 2010 and ending March 4, 2011,’’ and insert- (4) in paragraph (4) by striking ‘‘2009’’ and 2010, and ending March 4, 2011,’’ and inserting ing ‘‘$113,500,000 for fiscal year 2011’’; all that follows before the period and insert- ‘‘In each of fiscal years 2008 through 2011’’. (B) in subparagraph (B) by striking ing ‘‘2011’’; and SEC. 303. ALLOCATING AMOUNTS FOR CAPITAL ‘‘$1,766,730,000 for the period beginning Octo- (5) in paragraph (5) by striking ‘‘2009’’ and INVESTMENT GRANTS. ber 1, 2010, and ending March 4, 2011,’’ and in- all that follows before the period and insert- Section 5309(m) of title 49, United States serting ‘‘$4,160,365,000 for fiscal year 2011’’; ing ‘‘2011’’. Code, is amended— (C) in subparagraph (C) by striking (d) HIGH-PRIORITY ACTIVITIES.—Section (1) in paragraph (2)— ‘‘$21,869,000 for the period beginning October 31104(k)(2) of title 49, United States Code, is (A) by striking the paragraph heading and 1, 2010 and ending March 4, 2011,’’ and insert- amended by striking ‘‘through 2010 and inserting ‘‘FISCAL YEARS 2006 THROUGH 2011.— ing ‘‘$51,500,000 for fiscal year 2011’’; $6,370,000 for the period beginning October 1, ’’; (D) in subparagraph (D) by striking 2010, and ending on March 4, 2011’’ and insert- (B) in the matter preceding subparagraph ‘‘$707,691,000 for the period beginning October ing ‘‘through 2011’’. (A) by striking ‘‘2010, and during the period 1, 2010 and ending March 4, 2011,’’ and insert- (e) NEW ENTRANT AUDITS.—Section beginning October 1, 2010, and ending March ing ‘‘$1,666,500,000 for fiscal year 2011’’; 31144(g)(5)(B) of title 49, United States Code, 4, 2011,’’ and inserting ‘‘2011’’; and (E) in subparagraph (E) by striking is amended by striking ‘‘(and up to $12,315,000 (C) in subparagraph (A)(i) by striking ‘‘$417,863,000 for the period beginning October for the period beginning October 1, 2010, and ‘‘2010, and $84,931,000 for the period beginning 1, 2010 and ending March 4, 2011,’’ and insert- ending on March 4, 2011)’’. October 1, 2010 and ending March 4, 2011,’’ ing ‘‘$984,000,000 for fiscal year 2011’’; (f) COMMERCIAL DRIVER’S LICENSE INFORMA- and inserting ‘‘2011’’; (F) in subparagraph (F) by striking TION SYSTEM MODERNIZATION.—Section (2) in paragraph (6)— ‘‘$56,691,000 for the period beginning October 4123(d)(6) of SAFETEA–LU (119 Stat. 1736) is (A) in subparagraph (B) by striking ‘‘2010, 1, 2010 and ending March 4, 2011,’’ and insert- amended to read as follows: and $6,369,000 shall be available for the period ing ‘‘$133,500,000 for fiscal year 2011’’;

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.015 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1484 CONGRESSIONAL RECORD — HOUSE March 2, 2011 (G) in subparagraph (G) by striking 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 (2) by striking ‘‘March 5, 2011’’ in sub- ‘‘$197,465,000 for the period beginning October note; 119 Stat. 1593) is amended by striking section (d)(2) and inserting ‘‘October 1, 2011’’. 1, 2010 and ending March 4, 2011,’’ and insert- ‘‘March 4, 2011’’ and inserting ‘‘September 30, (c) EFFECTIVE DATE.—The amendments ing ‘‘$465,000,000 for fiscal year 2011’’; 2011’’. made by this section shall take effect on (H) in subparagraph (H) by striking (d) OBLIGATION CEILING.—Section 3040(7) of March 4, 2011. ‘‘$69,856,000 for the period beginning October SAFETEA–LU (119 Stat. 1639) is amended to The SPEAKER pro tempore. After 1 1, 2010 and ending March 4, 2011,’’ and insert- read as follows: hour of debate on the bill, it shall be in ing ‘‘$164,500,000 for fiscal year 2011’’; ‘‘(7) $10,507,752,000 for fiscal year 2011, of order to consider the amendment print- (I) in subparagraph (I) by striking which not more than $8,360,565,000 shall be ‘‘$39,280,000 for the period beginning October from the Mass Transit Account.’’. ed in House Report 112–20, if offered by 1, 2010 and ending March 4, 2011,’’ and insert- (e) PROJECT AUTHORIZATIONS FOR NEW the gentleman from Florida (Mr. MICA) ing ‘‘$92,500,000 for fiscal year 2011’’; FIXED GUIDEWAY CAPITAL PROJECTS.—Sec- or his designee, which shall be consid- (J) in subparagraph (J) by striking tion 3043 of SAFETEA–LU (119 Stat. 1640) is ered read, and shall be separately de- ‘‘$11,423,000 for the period beginning October amended— batable for 10 minutes equally divided 1, 2010 and ending March 4, 2011,’’ and insert- (1) in subsection (b), in the matter pre- and controlled by the proponent and an ing ‘‘$26,900,000 for fiscal year 2011’’; ceding paragraph (1), by striking ‘‘2010, and opponent. (K) in subparagraph (K) by striking for the period beginning October 1, 2010, and The gentleman from Florida (Mr. ‘‘$1,486,000 for the period beginning October ending March 4, 2011,’’ and inserting ‘‘2011’’; MICA) and the gentleman from West 1, 2010 and ending March 4, 2011,’’ and insert- and ing ‘‘$3,500,000 for fiscal year 2011’’; (2) in subsection (c), in the matter pre- Virginia (Mr. RAHALL) each will con- (L) in subparagraph (L) by striking ceding paragraph (1), by striking ‘‘2010, and trol 30 minutes. ‘‘$10,616,000 for the period beginning October for the period beginning October 1, 2010, and The Chair recognizes the gentleman 1, 2010 and ending March 4, 2011,’’ and insert- ending March 4, 2011,’’ and inserting ‘‘2011’’. from Florida. ing ‘‘$25,000,000 for fiscal year 2011’’; (f) ALLOCATIONS FOR NATIONAL RESEARCH GENERAL LEAVE (M) in subparagraph (M) by striking AND TECHNOLOGY PROGRAMS.—Section 3046 of Mr. MICA. Madam Speaker, I ask ‘‘$197,465,000 for the period beginning October SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. unanimous consent that all Members 1706) is amended— 1, 2010 and ending March 4, 2011,’’ and insert- may have 5 legislative days within ing ‘‘$465,000,000 for fiscal year 2011’’; and (1) in subsection (b) by striking ‘‘or pe- (N) in subparagraph (N) by striking riod’’; and which to revise and extend their re- ‘‘$3,736,000 for the period beginning October (2) by striking subsection (c) and inserting marks and include extraneous mate- 1, 2010 and ending March 4, 2011,’’ and insert- the following: rials on H.R. 662. ing ‘‘$8,800,000 for fiscal year 2011’’. ‘‘(c) ADDITIONAL APPROPRIATIONS.—The The SPEAKER pro tempore. Is there (b) CAPITAL INVESTMENT GRANTS.—Section Secretary shall allocate amounts appro- objection to the request of the gen- 5338(c)(6) of title 49, United States Code, is priated pursuant to section 5338(d) of title 49, tleman from Florida? amended to read as follows: United States Code, for national research There was no objection. ‘‘(6) $2,000,000,000 for fiscal year 2011.’’. and technology programs under sections Mr. MICA. Madam Speaker, I yield (c) RESEARCH AND UNIVERSITY RESEARCH 5312, 5314, and 5322 of such title for fiscal myself such time as I may consume. CENTERS.—Section 5338(d) of title 49, United years 2010 and 2011, in amounts equal to the amounts allocated for fiscal year 2009 under I come to the floor today to pass the States Code, is amended— extension of our major surface trans- (1) in paragraph (1)— each of paragraphs (2), (3), (5), and (8) (A) in the matter preceding subparagraph through (25) of subsection (a).’’. portation legislation, that’s H.R. 662. (A) by striking ‘‘$29,619,000 for the period be- SEC. 308. LEVEL OF OBLIGATION LIMITATIONS. I would like to first lead off by in- ginning October 1, 2010 and ending March 4, (a) HIGHWAY CATEGORY.—Section 8003(a) of forming Members and the Speaker that 2011,’’ and inserting ‘‘$69,750,000 for fiscal SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. this extension is a spending freeze at year 2011’’; and 1917) is amended— 2010 levels through September 30. (B) in subparagraph (A) by striking ‘‘fiscal (1) by striking ‘‘and’’ at the end of para- We find ourself in a situation where year 2009’’ and inserting ‘‘each of fiscal years graph (5); the major transportation legislation 2009, 2010, and 2011’’; (2) by striking the period at the end of that authorizes all of the policies, the (2) in paragraph (2)(A)— paragraph (6) and inserting ‘‘; and’’; and various projects, all the funding levels (A) in clauses (i), (ii), and (iii) by striking (3) by striking paragraph (7) and inserting ‘‘2009’’ and inserting ‘‘2011’’; and the following: and all of the activities that are so im- (B) in clauses (v), (vi), (vii), and (viii) by ‘‘(7) for fiscal year 2011, $42,469,970,178.’’. portant to job creation, to building the striking ‘‘and 2009’’ and inserting ‘‘through (b) MASS TRANSIT CATEGORY.—Section Nation’s infrastructure, that legisla- 2011’’; and 8003(b) of SAFETEA–LU (2 U.S.C. 901 note; tion expired September 30, 2009. (3) by striking paragraph (3) and inserting 119 Stat. 1917) is amended— In the past Congress, since that time, the following: (1) by striking ‘‘and’’ at the end of para- we have passed a number of short-term ‘‘(3) FUNDING.—If the Secretary determines graph (5); extensions. We are now on the sixth ex- that a project or activity described in para- (2) by striking the period at the end of tension of that legislation. graph (2) received sufficient funds in fiscal paragraph (6) and inserting ‘‘; and’’; and What happens when the Congress (3) by striking paragraph (7) and inserting year 2010, or a previous fiscal year, to carry does this is we end up sending the out the purpose for which the project or ac- the following: tivity was authorized, the Secretary may not ‘‘(7) for fiscal year 2011, $10,338,065,000.’’. worst message and the worst policy allocate any amounts under paragraph (2) for TITLE IV—EXTENSION OF EXPENDITURE possible across the Nation, across the the project or activity for fiscal year 2011, or AUTHORITY land, to our States and our localities any subsequent fiscal year.’’. SEC. 401. EXTENSION OF EXPENDITURE AUTHOR- that are trying to build the Nation’s (d) ADMINISTRATION.—Section 5338(e)(6) of ITY. infrastructure and trying to determine title 49, United States Code, is amended to (a) HIGHWAY TRUST FUND.—Section 9503 of what Federal policy, what their part- read as follows: the Internal Revenue Code of 1986 is amend- nership and funding relationship will ‘‘(6) $98,911,000 for fiscal year 2011.’’. ed— be with the Federal Government. SEC. 307. AMENDMENTS TO SAFETEA–LU. (1) by striking ‘‘March 5, 2011’’ in sub- Right now, in a time in which across (a) CONTRACTED PARATRANSIT PILOT.—Sec- sections (b)(6)(B) and (c)(1) and inserting this Nation we are experiencing some tion 3009(i)(1) of SAFETEA–LU (119 Stat. ‘‘October 1, 2011’’, of the worst unemployment, in my dis- 1572) is amended by striking ‘‘2010, and for (2) by striking ‘‘the Surface Transpor- the period beginning October 1, 2010, and end- tation Extension Act of 2010, Part II’’ in sub- trict I have some areas with 17 percent ing March 4, 2011’’ and inserting ‘‘2011’’. sections (c)(1) and (e)(3) and inserting ‘‘the unemployment. And where is that un- (b) PUBLIC-PRIVATE PARTNERSHIP PILOT Surface Transportation Extension Act of employment? That’s in the construc- PROGRAM.—Section 3011 of SAFETEA–LU (49 2011’’, and tion industry. U.S.C. 5309 note; 119 Stat. 1588) is amended— (3) by striking ‘‘March 5, 2011’’ in sub- So it’s critical that we pass an exten- (1) in subsection (c)(5) by striking ‘‘2010 section (e)(3) and inserting ‘‘October 1, 2011’’. sion of the current legislation and ex- and the period beginning October 1, 2010, and (b) SPORT FISH RESTORATION AND BOATING tension that we are on, the sixth exten- ending March 4, 2011’’ and inserting ‘‘2011’’; TRUST FUND.—Section 9504 of the Internal sion that we are on, and we do that be- and Revenue Code of 1986 is amended— (2) in subsection (d) by striking ‘‘2010, and (1) by striking ‘‘Surface Transportation fore Friday. Friday is when the current for the period beginning October 1, 2010, and Extension Act of 2010, Part II’’ each place it extension expires. ending March 4, 2011’’ and inserting ‘‘2011’’. appears in subsection (b)(2) and inserting Again, this is important for jobs. (c) ELDERLY INDIVIDUALS AND INDIVIDUALS ‘‘Surface Transportation Extension Act of Why? Our State transportation depart- WITH DISABILITIES PILOT PROGRAM.—Section 2011’’, and ments have only been able to do small

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.015 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1485 projects. Now, they have done some sibilities a few weeks ago. We’ve had HOUSE OF REPRESENTATIVES, sidewalks, and they have done some re- six extensions. I don’t want to get to, COMMITTEE ON WAYS AND MEANS, paving, and they have done some minor again, into a situation where we are Washington, DC, March 1, 2011. construction projects. But because doing these short-term, job-killing ex- Hon. DAVE CAMP, Chairman, Committee on Ways and Means, they don’t have a dependable Federal tensions. Washington, DC. partner and the hiccup manner in So that’s the reason that we’re here. DEAR MR. CHAIRMAN: Thank you for your which we have provided policy judg- That’s the responsibility that we have letter regarding H.R. 662, the ‘‘Surface ment funding direction as far as our as a Congress in moving forward and Transportation Extension Act of 2011.’’ The Federal law for major transportation again setting that policy and setting a Committee on Transportation and Infra- projects, because it’s been done in such timeframe in which our States and oth- structure recognizes that the Committee on Ways and Means has a jurisdictional interest a helter-skelter fashion, people are not ers who actually do these projects can in H.R. 662, and I appreciate your effort to fa- employed. Projects do not move for- operate. And again, it’s being done cilitate consideration of this bill. ward. This is the worst time that this within the responsible parameters that I also concur with you that forgoing action could happen. I am determined that this new Congress and the House of on this bill does not in any way prejudice the that won’t happen again. Representatives has set forward. Committee on Ways and Means with respect Now, I might like to do a short-term I do want to say, finally, that I thank to its jurisdictional prerogatives on this bill or similar legislation in the future, and I extension, and some people have said my colleague, Mr. RAHALL, who is the would support your effort to seek appoint- we should do that. But the responsible ranking member, for his interest in ment of an appropriate number of conferees thing for us to do now is to pass moving forward with a long-term bill. to any House-Senate conference involving through the fiscal year—and this ex- In reaching out, we held the first of our this legislation. tension takes us to September 30—so hearings, and we’re doing these around I will include our letters on H.R. 662 in the States can plan, so people can get back the country. We’ve done more than a Congressional Record during floor consider- to work, so we have some semblance of dozen from the Atlantic to the Pacific. ation of the bill. Again, I appreciate your co- policy regarding building the Nation’s We started in Beckley, West Virginia, a operation regarding this legislation and I look forward to working with the Committee infrastructure in place now. People are little over a week ago, in the home- on Ways and Means as the bill moves crying out for jobs across this country, town of the ranking member because through the legislative process. and we may not pass any other piece of we want our permanent legislation to Sincerely, legislation this year but our transpor- be long term, a 6-year bill, to have in JOHN L. MICA, tation and infrastructure legislation. place sound policy. We want it done on Chairman. This, and the FAA reauthorization, a bipartisan basis. And to ensure also I reserve the balance of my time. in addition to highway and surface and that it was done on a bicameral basis, Mr. RAHALL. Madam Speaker, I all the other modes, our FAA exten- we did almost an unprecedented hear- yield myself such time as I may con- sions have become almost the saddest ing with Senator BOXER, the gentlelady sume. commentary you could have on build- from California, who chairs the Envi- Madam Speaker, I rise in support of ing, again, the Nation’s important in- ronment and Public Works Committee H.R. 662, the Surface Transportation frastructure. We have done 17 exten- of the United States Senate. We did a Extension Act of 2011. As my chairman sions of the FAA legislation, so our air- joint bicameral, bipartisan hearing in has said, this legislation extends the ports and others can’t plan. Now, we Los Angeles last week to kick off our Federal-aid highway, public transit, are not going to let that happen under larger effort to, again, have in place and highway and motor carrier safety our watch. We are going to set policy the very best policy regarding our in- programs through the end of the fiscal today and extend until the end of this frastructure for the Nation. year September 30, 2011. fiscal year in a responsible manner. So with those comments, again, I I commend the chairman of the com- Some people on the conservative side want to thank folks that we have an mittee, Mr. MICA, for his bringing this of the aisle, and I will match my cre- agreement here to move forward. We bill before us today. I also associate dentials with any of them, want to need to do that. We need to get people myself with the remarks that he has know about the money that’s being working in this country and do it in a just said in support thereof. I commend spent. responsible fashion. And I believe that him for the listening tour that he has H.R. 662 will do that. embarked around the country, as well b 1500 as a few formal hearings thrown in his HOUSE OF REPRESENTATIVES, This is not money that’s general rev- COMMITTEE ON WAYS AND MEANS, listening tour. This gives the country enue. This is entirely within the trust Washington, DC, February 28, 2011. and new Members of this body an op- fund, the Federal Highway and Transit Hon. JOHN MICA, portunity to learn a great deal about Trust Fund. Chairman, Committee on Transportation and what reauthorization of our surface When we came here, we also said we Infrastructure, Washington, DC. transportation programs really means were going to force the Congress to DEAR CHAIRMAN MICA: I am writing con- when it comes to jobs and when it spend more money in general revenue cerning H.R. 662, the ‘‘Surface Transpor- comes to infrastructure, particularly tation Extension Act of 2011,’’ which is than we had in that fund, and this ex- within each Member of Congress’ con- tension adheres to the policy that we scheduled for floor consideration this week. As you know, the Committee on Ways and gressional district. won’t be reckless in spending and we Means has jurisdiction over the Internal Extending these programs is abso- won’t spend beyond what we have in Revenue Code. Title IV of this bill amends lutely critical to keep our economy on the fund. This extension only expends the Internal Revenue Code of 1986, and thus the road to recovery, and I strongly funds from within that trust fund. So I falls within the jurisdiction of the Com- support this bill—as did my colleagues want my conservative friends—and I mittee on Ways and Means. However, in on both sides of the aisle—when we consider myself in the conservative fis- order to expedite this legislation for floor passed it out of the Transportation and cal corner, the responsible corner in consideration, the Committee will forgo ac- Infrastructure Committee 2 weeks ago spending—to know that that is the way tion on this bill. This is being done with the understanding that it does not in any way by unanimous consent. I also want to this is crafted. So, again, I think we prejudice the Committee with respect to the support and commend our ranking have an obligation to move forward. appointment of conferees or its jurisdic- member on the Highways and Transit We are doing it on a sound basis. We tional prerogatives on this or similar legisla- Subcommittee, Mr. DEFAZIO, for his are freezing at the 2010 levels. And we tion. tremendous work in previous years and will be able, at least until September, I would appreciate your response to this on bringing the current bill before us to get people to work. letter, confirming this understanding with as well, and we will hear from him in a Now, I know sometimes I can move respect to H.R. 662, and would ask that a moment. legislation along in this body, and I copy of our exchange of letters on this mat- While I do strongly support this bill, ter be included in the Congressional Record work hard sometimes to do that. But I during floor consideration. Madam Speaker, what I cannot support can tell you I cannot pass a full au- Sincerely, are Republican attempts to gut invest- thorization bill by this Friday. We just DAVE CAMP, ments that grow our economy. The Re- took over, again, some of these respon- Chairman. publican spending bill that passed 2

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.051 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1486 CONGRESSIONAL RECORD — HOUSE March 2, 2011 weeks ago will destroy over 300,000 Madam Speaker, H.R. 662, the Sur- tion, we could have created millions of good-paying transportation jobs—jobs face Transportation Extension Act of jobs, and not just construction jobs— lost in every State of this great coun- 2011, extends the highway, transit, and engineering jobs, manufacturing jobs, try. What I cannot support is dan- highway safety programs through the high-tech jobs—because we have the gerous and draconian cuts across the end of the fiscal year at the 2010 fund- most effective buy America require- board to investments in America’s fu- ing levels. It does not make any pro- ments on our transportation acquisi- ture. And these cuts are coming just at grammatic or policy changes but in- tions in this country. a time that our economy is turning the stead only continues what is currently So, for instance, Oregon Iron Works corner. And what I cannot support is in law. is building the first made in America cutting the job-creating muscle of our I’m proud to be an original cosponsor streetcar in 70 years. All of the compo- budget, which investment in our infra- of this bill with the chairman, my sub- nents that go into that are being made structure is, when we should be focus- committee vice chair, Mr. HANNA, here in the United States of America. ing on trimming the fat. In order to Ranking Member RAHALL, and Sub- They are very skilled workers, a very keep pace with India, China, and other committee Ranking Member DEFAZIO. sophisticated product. You buy a bus international competitors, we need to I want to commend Chairman MICA for made in America, the tires, everything invest more, not less, in America’s in- his hearings and listening sessions that has to be made in America. You build frastructure. If we stop investing in the he’s done all over this country. I had a bridge, the steel has to come from future, there’s simply no way we can the privilege of attending several of America except for a few loopholes in retire the debt of the past. those, and we heard from local and the law that we have to plug. The bill before us today is identical State officials all over this Nation If we begin to deal honestly with our to legislation that the House passed about their needs. backlog, 150,000 bridges on the national last fall. Regrettably, at that time, Re- Without this extension, these pro- highway system are substandard and in publicans objected to it, and the Sen- grams are set to expire on Friday. This need of either significant repair or re- ate Republican leadership insisted that extension will allow the highway and placement. That is a lot of steel. That the surface transportation programs transit programs to continue to oper- is a lot of work. That is also a lot of de- expire on March 4, 2011. I’m glad that ate as the spring construction season tours for trucks and others trying to my Republican colleagues have now kicks off. With unemployment in the use the national highway system. come around and recognized the need construction industry at an all-time Then you can look at the surface of to extend these vital programs through high, it is imperative that we extend our national highway system itself, not the fiscal year. I hope all Members will the surface transportation programs just the bridges; 40 percent of the pave- vote for this bipartisan extension to through the end of the fiscal year. ment is in fair to poor condition. keep America’s economy moving. A front page story in USA Today last You’ve all experienced that—potholes If Congress does not extend the sur- week said that gas would soon go to $5 blowing out tires, breaking axles, caus- face transportation programs, the U.S. a gallon or higher. We need more doing higher fuel consumption, accidents, Department of Transportation will mestic oil production in this country. all sorts of problems. That needs to be stop reimbursing States for expendi- We simply cannot allow or let environ- taken care of. tures on approved projects, and thou- mental radicals drive the price of gas And then we have our transit sys- sands of construction projects across to $5 or higher. This will hurt many tems. Actually right here in Wash- the Nation could come to a screeching poor and lower income and working ington, D.C., they are killing people on halt. According to DOT, a delay in en- Metro because they haven’t the money actment of this bill will shut down people and stop our recovery in its tracks. to make the capital investments they more than $800 million next week in need to have a modern light rail sys- 1510 highway reimbursements and transit b tem in this country, and they are run- grants to States and urban areas, en- This bill is important to our econ- ning cars that shouldn’t be on the dangering more than 28,000 jobs and omy. Additionally, this extension will tracks any more. multimillion dollar construction provide a level of predictability for So we are really at a crisis point. I projects across the country. State DOTs and local transit agencies had taken to giving speeches when I This bill provides a certainty that to embark on major construction chaired the committee about how we the construction industry needs to con- projects that will create jobs; and as I were falling to Third World status for tinue the slow climb back from the said, it will certainly stimulate the infrastructure. And my colleague, the greatest recession since World War II. economy. It also enables Congress the necessary gentleman from Oregon (Mr. I support the passage of this legisla- BLUMENAUER), came up to me after a time to work toward passage of a long- tion, and I urge my colleagues to do term surface transportation authoriza- speech once and said that is insulting the same. tion bill later this year. Enactment of and it’s wrong. Mr. RAHALL. Madam Speaker, I this extension act will enable us to re- I said, not really, EARL. You know yield 5 minutes to the gentleman from direct our focus to developing a long- the problems. Oregon (Mr. DEFAZIO), the ranking He said, no, to say that we’re Third term bill that begins to address the Na- member of the Highways and Transit World. Most Third World countries are tion’s enormous infrastructure needs Subcommittee. and will create millions of family-wage investing a much greater percentage in Mr. DEFAZIO. I thank the ranking jobs. their gross domestic product in trans- I also today call upon the adminis- member and the chairman of the full portation and infrastructure than we tration to join us in this effort to get committee and subcommittee and oth- are in the United States of America. behind this reauthorization bill and ers who support this essential legisla- So I have taken to calling us fourth give it the necessary support from the tion. world; formerly First World, vaulting executive branch that it needs. I urge It is kind of sad that we are actually over to the back of the line to have the my colleagues to join me in supporting in this position. We are looking at the worst infrastructure of any modern na- H.R. 662. seventh extension of the surface trans- tion on Earth. It’s not right. It doesn’t I reserve the balance of my time. portation reauthorization. Because of serve our businesses or our commu- Mr. MICA. Madam Speaker, I am events in the last Congress, lack of nities well. pleased to yield 2 minutes to the gen- support from the administration, oppo- The Obama administration did not tleman from Tennessee, who is one of sition from others, and basically no ac- take up this campaign adequately in the primary leaders in the Transpor- tion to the Senate side, we ground to a the last Congress. I tried valiantly. tation and Infrastructure Committee, halt in reauthorizing this vital legisla- They got hung up on the idea that we the chair of the Highways and Transit tion. That is too bad. need to invest more money. We do need Subcommittee, Mr. DUNCAN. Had we taken a fraction of the money to invest more money. We had two Mr. DUNCAN of Tennessee. I thank spent on the so-called stimulus and in- commissions that were constituted the gentleman for yielding me this stead invested it in fully funding a 6- when the Republicans controlled the time. year surface transportation authoriza- House, the Senate and the White

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.053 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1487 House. Both commissions came to the continue highway appropriation ear- construction cycle. And making the de- same conclusion: we are spending marks by $900 million, eliminate unau- cision now, setting it to work, so peo- somewhere around 30–40 percent of thorized transit programs by over $200 ple can plan and act. It’s not as good as what we need on an annual basis to million, and unauthorized TIGER a reauthorization by any stretch of the have a 21st-century transportation sys- grants by $600 million. So there are imagination, but it gets us through tem. We are spending about 30 percent some significant reductions; and, this construction cycle and it avoids less than we need to maintain the cur- again, this current extension has to be another unfortunate situation. rent deteriorated rate of infrastructure passed by Friday. We are 71⁄2 years into a 6-year reau- in this country. We’re not even main- If we don’t move this forward, we will thorization. No one is happy about taining the Eisenhower legacy. Come feel this throughout the economy, that. It’s sort of the tenor of the times, on, let’s get real. throughout this Nation. Today, this however, because I was on the com- Now, unfortunately, on the Repub- week, in the past couple of weeks, mittee when we were struggling with 12 lican side of the aisle, they have adopt- State DOTs have been letting con- extensions in the last reauthorization. ed an arbitrary rule: no new revenues tracts, putting bids out to get contrac- We need to do better. I am all for look- for anything. Now, they ought to tors in place to be able to start the ing at squeezing out any inefficiency, rethink that. Let’s think about capital spring, summer, and fall contracting examining programs to focus them, budgets. If you build a bridge, it lasts season. If we shut down this program, make them work better. But the sim- 100 years. We could justify borrowing there will be immediate furloughs and ple fact is we need to spend more on in- money for that. Maybe we could justify suspension of payments to States. frastructure, not less. raising some revenues to pay for that— Again, I would like to remind my col- Those commissions, the nonpartisan perhaps from the oil companies, who leagues, especially on my side of the independent commissions that my knows, and put a lot of people to work aisle, this is money that is being reim- friend from Oregon (Mr. DEFAZIO) ref- and improve our infrastructure; but bursed to the States for work that has erenced with business leaders, environ- that is a nonstarter so far. I hope that already been completed to the tune of mentalists, government leaders at changes. about $150 million a day, is going out other levels, organized labor, are very If we look at this as a way to put to States to be able to pay those con- focused on this. They documented the America back to work to make us more tractors to keep them working and need to do more. The fact is that the American public competitive in the international econ- building bridges and roads around this is already paying a huge cost in addi- omy, we should be talking about re- country. tion to their road fees by wasting their building our infrastructure. It is the So we are in an extremely difficult time in damage to their vehicles and last place we should cut. And, unfortu- time to put these payments in jeop- interrupting the flow of commerce. nately, some cuts have already been ardy. Again, this gives us the time to We’re already paying the price. My per- proposed and made in transportation. craft a transportation bill by Sep- sonal goal as a member of the Budget That’s not where we should be cutting, tember 30, to put out there. and Ways and Means Committees is to and those who would advocate further When we do that, we are going to go work with the authorizing committee cuts are wrong. This is a trust funded through this transportation bill and so they have the resources. We have program. The program itself, 96 percent cut and reform and change. Some of people from the Chamber of Commerce, of the funding in this extension comes you may have seen the GAO report. I organized labor, local governments, from the gas taxes every American has haven’t looked at it completely, but I AAA, truckers, bicyclists, the Women’s paid, the diesel taxes every trucker has know there are many, many programs Federated Garden Club of America, all paid, and the money paid in other mis- in the Department of Transportation coming together to provide support for cellaneous taxes. across the government that duplicate the resources. We need to work this We need this bill today. It is a start- effort that, quite frankly, we don’t dance out between the House, the Sen- ing point for a robust reauthorization know where the money is going. And ate and the administration to be able later this year. I look forward to work- some of these programs, we are not to have the resources so that the coming with the chairman and the new even sure who is watching the spending mittee can put forth a robust bill for chairman of the subcommittee on that of it. They can’t account for it. our future. robust reauthorization. So this transportation bill we’ll move It’s true we’re not going to reauthor- Mr. MICA. Madam Speaker, I am in September is going to do all of those ize this bill in this week. We’re not pleased to yield 3 minutes to the gen- types of things to improve what we do going to reauthorize it this spring. It tleman from Pennsylvania (Mr. SHU- here in Washington and be a good part- will be a stretch to reauthorize it be- STER), another leader of the Transpor- ner to the States when it comes to fore this extension expires. But the tation and Infrastructure Committee, building and maintaining a national time to get busy is now. I appreciate the chair of the Rail Subcommittee. transportation system. the approach that’s being taken by the Mr. SHUSTER. I thank my friend for So I urge all of my colleagues to sup- committee, bringing people together. yielding. port this extension. The SPEAKER pro tempore. The Here we are again, a seventh time for Mr. RAHALL. Madam Speaker, I time of the gentleman has expired. an extension. I agree with my friend yield 3 minutes to the gentleman from Mr. RAHALL. I yield the gentleman 1 from Oregon who pointed out that this Oregon (Mr. BLUMENAUER). additional minute. administration stopped us from passing Mr. BLUMENAUER. Madam Speaker, Mr. BLUMENAUER. Thank you. a transportation bill under Chairman I come to the floor to support this ex- I am hopeful that instead of cutting Oberstar. Mr. MICA was the ranking tension. I appreciated the comments transportation, which is envisioned in member. So here we are again, a sev- from Chair MICA talking about the in- the CR, that would cost us 200,000 or enth extension on the highway bill. volvement with the Senate and the 300,000 jobs at precisely the time that As the chairman pointed out, this House working together and the listen- we need economic activity, that we can freezes the authorizing funds at FY ing sessions that are taking place have a truce on the budget wars. Let’s 2010 levels, and it will go until Sep- around the country. I am absolutely acknowledge that we will have a tight tember 30 to give us the time necessary convinced that my friend, Mr. MICA, is and focused reauthorization meeting to craft a new transportation bill. sincere in his interest in infrastruc- the wide range of transportation needs, I want to point out that this is a ture. I have had the pleasure of work- deal with how we build and renew clean extension. It is what is in current ing with Mr. RAHALL, Mr. DUNCAN, Mr. America, get the economy started law. There are no policy or program DEFAZIO. There is a team in place, peo- again, strengthen the quality of life in changes, and this does not continue ple who are interested in moving this our communities, and make our fami- any stimulus funding. This extension, forward. lies safer, healthier and more economi- coupled with the CR, is going to reduce cally secure. It starts by approving this spending by about a billion dollars. We b 1520 extension today. are going to make a reduction in tran- It’s absolutely imperative that we ex- Mr. MICA. Madam Speaker, I am sit new starts by over $400 million, dis- tend the reauthorization through this pleased to yield 21⁄2 minutes to another

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.054 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1488 CONGRESSIONAL RECORD — HOUSE March 2, 2011 outstanding member and a new mem- and extend the surface transportation The SPEAKER pro tempore. The gen- ber of our committee who has great authorization before it expires on Fri- tleman from Florida has 15 minutes re- local government experience as a day. maining, and the gentleman from West former mayor, the gentleman from My hope is that H.R. 662 will be the Virginia has 14 minutes remaining. Pennsylvania (Mr. BARLETTA). final short-term extension Congress Mr. MICA. I continue to reserve the Mr. BARLETTA. I thank the chair- uses to extend SAFETEA–LU because balance of my time. man for yielding. this country needs a comprehensive, Mr. RAHALL. Madam Speaker, I Madam Speaker, I rise today to urge long-term surface transportation au- yield 5 minutes to a valued member of the passage of H.R. 662, the Surface thorization. Chairman MICA has prom- our committee, the distinguished gen- Transportation Extension Act of 2011. ised everybody on the tour that we’re tlelady from California (Ms. RICHARD- As I heard from my friends and not going to have more extensions, SON). neighbors back home, job creation and that we’re going to pass a bill just like Ms. RICHARDSON. Madam Speaker, rebuilding our economy is the most im- we did with the FAA reauthorization. I rise today in support of H.R. 662, the portant issue facing us. Transportation Seven extensions was enough. We need Surface Transportation Extension Act. funding means not only construction to move this country forward and get I am hopeful that passing this exten- jobs but also for surveyors, heavy ma- those programs started. sion will give us the adequate time we chinists, asphalt companies, grocers, By continuing to extend SAFETEA– all need on the committee to pass a full hotels and restaurants. LU and not passing a new authoriza- 6-year reauthorization. Historically, studies have shown that tion, Congress has created uncertainty Last year, the committee initiated a for every dollar spent on investments in the transportation sector which has very good start. In fact, we suggested in transportation and infrastructure, limited the ability to invest in a crum- spending a minimum of $500 billion of the gross domestic product grows by bling infrastructure network. The im- investment, and the administration re- portance of immediate passage cannot $1.59, and for every $1 million spent on cently released budget calls for ap- be emphasized enough. Not only will highways, 47 jobs are created. proximately that same amount, of $556 reauthorization create millions of Poor roads and congestion are cost- billion, over the next 6 years. This in- quality jobs—jobs that are needed by ing my constituents. The American As- cludes an extra $50 billion boost next Americans now and that have been ne- sociation of State Highway and Trans- year to provide for an immediate eco- glected thus far in Congress—and pro- portation Officials estimates that poor nomic stimulus, which we all know we vide States and MPOs a known, dedi- road conditions cost this country $355 cated funding stream, but it will also need. I heard one of my colleagues on the billion annually. H.R. 662 is a clean ex- address the dire need for investment in tension that would fund ongoing oper- the Nation’s transportation system. other side reference unemployment in ations through September 30, 2011. In the 2012 Department of Transpor- construction. In my district, it’s over Failing to extend this bill would hurt tation budget proposal, President 40 percent, so this has got to be done, my district in terms of jobs, safety and Obama lays out a bold vision for a sur- and it has got to be done now. costs to my constituents in wasted fuel face transportation authorization. The While the President’s budget calls for and lost productivity. President understands the United a significant increase in our spending, The 2011 construction season is just States will not maintain its mantle as we should all remember that it still getting under way. Any disruption in the greatest Nation in the world with- falls well short of the $225 billion per funding will delay the construction in- out an intermodal transportation sys- year investment that is really required dustry’s ability to create jobs and com- tem that enables America to compete from all sources, recommended by the plete much-needed improvement in the 21st century global economy. Transportation Policy and Revenue projects. With unemployment in the To that end, the President has called Study Commission, a bipartisan com- construction sector at a staggering 22.5 for a $556 billion, 6-year surface transmission that was created by Congress percent, we must pass the extension portation authorization that includes a to study this very issue. and put more hardworking Americans $50 billion ‘‘up front’’ economic boost Our infrastructure is in a state of dis- back to work. to jump-start job creation. Jobs. repair, and congestion costs us more As a member of the Committee on As the President said in his State of than $78 billion per year. The quality of Transportation and Infrastructure, I the Union, now is not the time to stand our transportation system is deterio- look forward to working with my col- pat. This is why I believe we need to rating. Almost 61,000 miles—37 per- leagues to pass long-term legislation pass a surface transportation bill that cent—of our roads are in poor or fair that will meet our future transpor- increases revenue, makes a significant condition. More than 152,000 bridges—25 tation needs. This extension gives Con- investment in maintaining existing in- percent—are structurally deficient. So, gress the time and ability to produce a frastructure, and spurs development of when we talk about cutting, we are all smart, fiscally responsible bill. innovative infrastructure networks mindful of the need to make adjust- I urge support of H.R. 662. such as high-speed rail and aerotropolis ments and to be good stewards of these Mr. RAHALL. Madam Speaker, I transportation systems. dollars, but we shouldn’t cut just for yield 3 minutes to the gentleman from I appreciate Chairman MICA includ- the sake of cutting. That is the wrong Tennessee (Mr. COHEN). ing aerotropolis language in the FAA approach and the wrong thing to do. Mr. COHEN. I want to thank Ranking reauthorization bill and look forward In my district—home to four major Member RAHALL for the time. to seeing that same language included highways, a transit system, three air- Madam Speaker, I rise in support of in the surface transportation reauthor- ports, and more than 40 percent of our H.R. 662, the Surface Transportation ization act which was discussed in entire Nation’s cargo going through Authorization Act of 2011. Last Friday, Memphis. it—these congested roads and crum- As New York Times columnist Paul I was in Millington, Tennessee and I bling bridges are in dire need, and we Krugman said, ‘‘We must win the fu- joined with Chairman MICA and Mr. need help now. A robust surface trans- ture, not eat it.’’ I look forward to FINCHER on a transportation bill listen- portation bill will help the people in working with Chairman MICA, Sub- ing session. Chairman MICA went all my district and across this country get committee Chairman DUNCAN, and across the country listening to folks on where they need to go; it will improve Ranking Members RAHALL and the needs of transportation. We heard safety; and it will help put people back DEFAZIO in seeing that we pass a com- from all kinds of folks saying how im- prehensive surface transportation au- to work. portant this is for the future of our thorization that strengthens our infra- I was talking to some of my col- country, getting goods to market, and structure, spurs innovation, creates leagues, and they were telling me that improving our infrastructure. The lis- jobs, ensures safety and wins the fu- Mr. SHUSTER, when he was the chair of tening session focused on those needs ture. We are winners. this committee, worked on both sides of a new surface transportation author- of the aisle. I was told, when we had ization. And while this legislation is b 1530 that very difficult vote, he worked just another extension of SAFETEA– Mr. MICA. I would like to inquire as with this side, and we moved forward a LU, it is important that we act quickly to the balance of time on each side. very successful bill. In that spirit,

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.058 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1489 when Mr. MICA mentioned that he was what we’re talking about when we talk continent. So that kind of leadership going to have his listening tours, I about investments in infrastructure. has come from people in the past, and took him at his word. I’ve attended That’s what we’re talking about in this we have that responsibility today to two, and I intend upon attending one legislation; so I urge my colleagues, as move forward. more. I conclude, to support this in a bipar- So I think that people can go home Out of those listening tours, we’ve tisan fashion. after they vote for this and say, I did heard a lot of things from people. One I yield back the balance of my time. something positive. We acted in a fis- of the things I’d like to suggest we con- Mr. MICA. I yield myself the balance cally responsible way. We’re dealing tinue is really that of open discussion— of my time. with the trust fund money that people an open discussion about HMT, an open Each of us who is sent to Congress, have paid in. When they put gallons of discussion about TIFIA, an open dis- Madam Speaker, has certain respon- gasoline in their cars, they paid 18.4 cussion about really implementing a sibilities. First, we have responsibil- cents, which went into the trust fund. ities to our constituents in our dis- true national goods movement strat- b 1640 egy—all of which my staff and I have tricts. Then we are sent here, and by worked on in order to bring forward the grace of the good Lord, on our side We didn’t spend recklessly, but we very thoughtful legislation that I hope the steering committee, the approval did act responsibly and we’re getting will be sincerely considered. The gas of leadership and our colleagues, we get people working again. And we did it in tax alone will not work, so I urge Mr. to do certain tasks. a period of time, not the hiccup and the MICA to please work with us as we are Mine is now to try to shepherd for- sporadic six passed extensions, in a working with you today. ward transportation policy for our timeframe in which we can actually Many people asked me today, You’re country. That’s an important responsi- get major infrastructure projects, peo- going to vote for this rule? I said, Yes, bility, again, because we have millions ple working again. So I think we can because I’m willing to work across the of Americans who don’t have jobs. all take heart in a bipartisan effort aisle with Mr. MICA to get this done Probably the hardest thing that I face that we’ve had here that Congress can and with Mr. SHUSTER as well. We are when I go home or when I talk to folks work and the people’s work can get going to have to consider new ideas to across the country and in my district done by people coming together. be able to help institute this public- are the people who have lost their I know we still have disagreements private partnership that we all know homes, who can’t make their mortgage on policy, and I’ve pledged to work on needs to be a part of this discussion. payments or who are struggling. They both sides. I even offered to buy the I urge my colleagues to support H.R. want to go to work, most of them I’ve beer and pizza when we finish the lis- 662, which should really be the building talked to, and they don’t have the op- tening tours. And with Senator BOXER, block of our 6-year reauthorization. It portunity. she wanted, I think, fruit drinks, and deserves the bipartisan support of this Now, I know a new Congress has I’ll even throw those in, too, if we can Congress and of the American people. come, and that new Congress has been come together and establish sound pol- Mr. RAHALL, I appreciate all of the sent a very clear message about spend- icy for the Nation so infrastructure can efforts that you have made so far. I ing, about conserving assets and remove forward. And we can do it. I real- know you are very committed to get- sources here. I think that Congress ly think we can do it. ting this done. There is hard work gets it and that the American people So we have 6 months of definition. ahead, and I look forward to working have mandated that approach. We can We have 6 months to get the rest of the with your new leadership as well as also many times be here, doing things job done. But I’m confident that every- with our ranking member, Mr. that might prove a political point; but body here today can join and we can DEFAZIO. from time to time, we have to step make a difference, a difference for Mr. MICA. I have no further requests back, and we have to do something for those people wanting us to be respon- for time, and I continue to reserve the the very good of the country. I think sible and do what they sent us here for. balance of my time. this is one of those times that we have Ms. JACKSON LEE of Texas. Madam Mr. RAHALL. I yield myself the bal- an important obligation. Speaker, I rise today in support of H.R. 662 ance of my time to close. What will happen on Friday, if we the Surface Transportation Extension Act. This Madam Speaker, once again, I do ap- don’t act accordingly today and pass legislation would provide a necessary short preciate the work of Chairman MICA in H.R. 662, is literally a disaster because term extension of surface transportation pro- his bringing this extension to the floor we will shut down all of the transpor- grams through September 20, 2011. I strongly of the House—as he has already noted, tation projects across the land, those prefer more comprehensive, multi-year appro- the sixth extension of SAFETEA–LU. projects that have any connection to priations legislation that more adequately This will take us to the end of the fis- the Federal Government. funds the transportation and infrastructure cal year. It will give us the spring and Now, we have also said that we can’t projects that we as Members have identified in the summer to continue to work to- pass in continuing resolutions the au- our districts as crucial to our economic recov- gether in the bipartisan spirit with thorization for legislation, so that’s ery. The bridges, highways, rail systems nec- which Chairman MICA has started his the situation we find ourselves in essary to our economic recovery and sus- tenure as chairman of our committee, today. We have a bipartisan agreement tained economic growth and global competi- and I do look forward to continuing to to move forward. We have an oppor- tiveness are not built in a year. work with him. tunity to actually expand and define However, I cannot support letting the sun I, once again, call upon the adminis- the time in which we can accomplish set on necessary funding of critical surface tration to work with us as well under the important work of government. transportation and infrastructure projects while the very capable leadership of Sec- Some people say, oh, these are just we pursue longer term solutions in the face of retary LaHood. I am sure that the ad- transportation projects. Yet, if you go a misplaced focus on spending cuts. I will not ministration will work with us if it back to the very beginning of the Na- allow this on my watch. My colleagues here in will just give us some proposals and tion, they came together first for na- Congress must not allow this to occur either. will put some concrete ideas upon the tional security; but then the Founding We must work together to forge a bipartisan table with which we can work in a bi- Fathers—Washington, Jefferson—were long-term solution to our nation’s transpor- partisan and bicameral measure. pretty smart. They also wanted to be tation and infrastructure needs. This is a job-saving piece of legisla- able to do infrastructure projects that Economic experts universally agree that tion. Although a permanent reauthor- transcended arbitrary political bound- funding the critical and necessary infrastruc- ization would provide a much greater aries. I love to read about Washington ture projects nationwide creates jobs for Amer- degree of certainty, it helps provide and his vision to open the canals and ica and increases our level of global competi- some degree of certainty to our con- the post roads. Some of the first work tiveness. There is an intense competition be- struction industry so that it can plan of the Congress was to authorize trans- tween fiscal responsibility and investment in and invest in what are not short-term portation and infrastructure projects job growth and infrastructure. We must make jobs but, rather, good, long paying, for the Nation, through the vision of investments in job creating infrastructure family wage jobs for our people. That’s people like Lincoln, to connect the projects in order to grow the U.S. economy.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MR7.059 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1490 CONGRESSIONAL RECORD — HOUSE March 2, 2011 We must be winners in contest for economic partisan manner to pass essential appropria- prevent lawmakers from having the flexibility change now and for our children’s future. We tions bills and must instead resort to short- to balance other needs within an overall dis- cannot be the losers. We must catch the wave term measures. However, for the good people cretionary spending cap. Given the nation’s of economic growth or be crushed by it. of the 18th Congressional District of Texas, trillion dollar deficits and $14 trillion in debt, China, India and Europe understand this be- the State of Texas, and our national well Congress should be working to remove, not cause they have committed to greater invest- being, I cannot let time expire on critical trans- continue, spending floors in statute. ments in their infrastructure. portation and infrastructure funding. It is im- Furthermore, these highway and transit fire- As I think of my home District, the 18th perative that we pass H.R. 662 to continue to walls were originally established to protect the Congressional District in Houston, Texas and fund transportation and infrastructure pro- user-pays/user benefits principle. Unfortu- its busy port, much like the other ports around grams without interruption. We must keep this nately, the opposite has happened. The High- this great nation, I am compelled to urge my nation moving forward toward progress. way Trust Fund is insolvent and has required colleagues to consider the pressing national I would also urge my colleagues in the $35 billion in bailouts since 2008. The Con- necessity of decongesting the surface trans- House and the Senate chambers to reconsider gressional Budget Office projects shortfalls of portation, both rail and highway, that moves the local transportation and infrastructure ex- $140 billion over the next ten years. the goods in and out of those ports. We must penditures that Members have identified in the These spending guarantees have pushed improve this surface transportation system in 111th Congress and in the 112th Congress for the Highway Trust Fund deeper into insol- order to accommodate national economic inclusion in appropriations measures. Mem- vency and have forced it to rely more and more on borrowed money. I am concerned health, global competitiveness, and to avoid bers of Congress are in a front line position to that continuing even the appearance of fire- harm to agriculture industry, maritime jobs and identify useful and necessary projects in their walls for these categories in this extension manufacturing jobs. Maritime jobs and con- districts that require funding. These projects suggests that spending on these programs is struction jobs for infrastructure provide a good create jobs, rebuild our infrastructure and ben- a higher priority than getting deficits under middle class wage, allow workers to get edu- efit our districts, our states and our country, as control. It also suggests that surface transpor- cations at night, and lower crime rates in our well. Though, I recommended funding for crit- tation should get first claim on the Treasury cities. ical transportation and infrastructure projects over other priorities for discretionary spending We must invest in High Speed Rail. We in Houston, Texas, during the 111th Congress, such as Veterans medical care or funding for have about 500 miles of high speed rail in this funding was excluded from the Continuing process, but China has about 10,000 miles our troops. Resolution passed in December 2010 and an Congress may decide that ultimately high- being built. We need to have a domestic talent opportunity to improve our national economy pool with the required knowledge, skills and ways and transit have such a high priority that was lost. we should continue to run high deficits to pay trained workers to do projects like high speed As we move forward, it is my hope that both rail or we will be paying for skilled Chinese for them, but we should do that as part of the chambers in the House and Senate will take budget process and not part of a short-term companies to do it for us. a bipartisan approach to moving vitally impor- Infrastructure Investment is a Non-Partisan highway extension that must be passed quick- tant appropriations legislation which includes Issue: If the AFL–CIO and U.S. Chamber of ly or the entire program shuts down. useful, necessary, job creating and economy- Commerce have teamed up to promote infra- Mr. MICA. Madam Speaker, I yield building projects from our districts. This is the structure investment, then surely the Demo- back the balance of my time. crats and Republicans in this Congress can do fiscally responsibly course and grows and The SPEAKER pro tempore. All time the same. Moreover, now is the time for us to strengthens our economy in the long run. for debate has expired. In summation, I urge my colleagues to vote consider the creation of a long overdue Na- AMENDMENT OFFERED BY MR. MICA in favor of this H.R. 662 as we continue the tional Infrastructure Bank and Public-Private Mr. MICA. Madam Speaker, I have an work of funding our nation’s critical transpor- partnerships to shift our infrastructure improve- amendment at the desk. ment into full gear. We should not shy away tation and infrastructure projects. The SPEAKER pro tempore. The Mr. RYAN of Wisconsin. Madam Speaker, I from this issue when a nation is waiting for us Clerk will designate the amendment. rise today in support of extending surface to do our part to restore our economy through The text of the amendment is as fol- transportation funding for the remainder of the fortification of our infrastructure. It is time for lows: 2011 fiscal year before the authorization ex- another large, bold, national forward thinking Page 12, line 4, strike ‘‘through 2011’’ and pires at the end of this week, on March 4th. insert ‘‘through 2011,’’. infrastructure project like interstate highway Page 15, line 4, strike ‘‘for the period’’ and system. I support the highway program; it is a critical part of an efficient and effective 21st century insert ‘‘$5,732,000 for the period’’. Governors and Mayors at ground level Page 15, line 12, strike ‘‘October 1, 2010’’ around this nation will quickly confirm that In- transportation infrastructure in the United and insert ‘‘October 1, 2010,’’. frastructure investments create jobs, help bal- States. However, I want to highlight a concern The SPEAKER pro tempore. Pursu- ance budgets, and grow both state and na- I have with an extraneous provision that is in- ant to House Resolution 128, the gen- cluded in the language of this extension. tional economies. We must listen to our local tleman from Florida (Mr. MICA) and a Section 308 of this bill attempts to extend elected officials who must fix the potholes, re- Member opposed each will control 5 pair the crumbling bridges and tunnels or be the budget ‘‘firewalls’’ in Section 8003 of minutes. held directly accountable by their constituents SAFETEA–LU for highway and transit cat- The Chair recognizes the gentleman on every street corner. Our local elected offi- egories to protect those programs from having from Florida. cials will quickly tell us that infrastructure in- to compete for funding against all other discre- Mr. MICA. Madam Speaker, again, vestment creates jobs, because it attracts tionary programs should Congress put in place this is a purely technical amendment business. overall discretionary spending caps. More spe- and reviewed by both sides of the aisle The American Association of Civil Engineers cifically, Section 8003 amends Section 251(b) in both bodies. We found three tech- (ASCE) gives U.S. Infrastructure the Grade of of the Balanced Budget and Emergency Def- nical changes to correct drafting errors ‘‘D’’ in its 2009 Report Card. Infrastructure In- icit Control Act of 1985 that expired on Sep- in H.R. 662. We want this to go to the vestment equals Jobs. But, the U.S. is falling tember 30, 2002—a law that is squarely within President. We want it signed, and we behind its competitors in infrastructure devel- the jurisdiction of the House Budget Com- want to make certain that it has all opment (especially China, India and Europe). mittee. the technical provisions necessary and The bottom line is that Transportation and In- Section 308 of this extension has no sub- clear language. frastructure Investment is needed for a Strong stantive effect not only because there are no So the amendment adds two commas Economy. overall spending caps for FY 2011, but be- to the bill on page 12 and also another So, I say to my colleagues that we must cause Clause 3 of Rule XXI in the new House on 15. And on page 15, it also strikes an pass H.R. 662. A delay in enactment of this Rules for the 112th Congress eliminated the authorization in the current extension extension will shut down more than $800 mil- requirement to uphold such firewalls. that H.R. 662 failed to strike. So it’s lion next week in highway reimbursements However, if the intention is that this provi- purely technical in nature, but we do and transit grants to States and urban areas, sion should have a substantive effect, it is pre- want it correct. endangering more than 28,000 jobs and multi- mature. Madam Speaker, I reserve the bal- million dollar construction projects across the There are many tough choices ahead given ance of my time. country. the fiscal realities we face. We clearly need to Mr. RAHALL. Madam Speaker, I rise I must say that I am very disturbed that we set caps on spending. Funding guarantees to claim the time in opposition, though cannot get our colleagues to cooperate in a bi- that protect a certain category of spending I am not opposed to the amendment.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.027 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1491 The SPEAKER pro tempore. Without Jackson Lee Miller, George Schakowsky The SPEAKER pro tempore (Mr. (TX) Moore Schiff HAFFETZ objection, the gentleman from West Jenkins Moran Schilling C ). Pursuant to House Resolu- Virginia is recognized for 5 minutes. Johnson (GA) Mulvaney Schmidt tion 128, the previous question is or- There was no objection. Johnson (IL) Murphy (CT) Schock dered on the bill. Mr. RAHALL. Madam Speaker, I rise Johnson (OH) Murphy (PA) Schrader The question is on the engrossment Johnson, E. B. Myrick Schwartz in support of the manager’s amend- Johnson, Sam Nadler Schweikert and third reading of the bill. ment. The chairman has adequately ex- Jones Napolitano Scott (SC) The bill was ordered to be engrossed plained it, and I fully concur and urge Jordan Neal Scott (VA) and read a third time, and was read the its adoption. Keating Neugebauer Scott, Austin third time. Kelly Noem Scott, David Madam Speaker, I yield back the bal- Kildee Nugent Sensenbrenner MOTION TO RECOMMIT ance of my time. Kind Nunes Serrano Mr. POLIS. Mr. Speaker, I have a Mr. MICA. Madam Speaker, I yield King (IA) Nunnelee Sessions motion to recommit at the desk. King (NY) Olson back the balance of my time. Sewell The SPEAKER pro tempore. Is the Kingston Olver Sherman The SPEAKER pro tempore. The Kinzinger (IL) Owens Shimkus gentleman opposed to the bill? question is on the amendment offered Kissell Palazzo Shuler Mr. POLIS. I am opposed in its cur- by the gentleman from Florida (Mr. Kline Pallone Shuster rent form. Kucinich Pascrell Simpson ICA The SPEAKER pro tempore. The M ). Labrador Pastor (AZ) Sires The question was taken; and the Lamborn Paul Slaughter Clerk will report the motion to recom- Speaker pro tempore announced that Lance Paulsen Smith (NE) mit. Landry Payne the ayes appeared to have it. Smith (NJ) The Clerk read as follows: Langevin Pearce Smith (TX) Mr. POLIS. Madam Speaker, on that Lankford Pelosi Smith (WA) Mr. Polis moves to recommit the bill H.R. I demand the yeas and nays. Larsen (WA) Pence Southerland 662 to the Committee on Transportation and The yeas and nays were ordered. Larson (CT) Perlmutter Speier Infrastructure with instructions to report Latham Peters Stark the same back to the House forthwith with The vote was taken by electronic de- LaTourette Peterson Stearns Latta Petri the following amendment: vice, and there were—yeas 422, nays 0, Stivers Lee (CA) Pingree (ME) At the end of the bill, add the following not voting 10, as follows: Stutzman Levin Pitts (and conform the table of contents accord- Sullivan [Roll No. 158] Lewis (CA) Platts ingly): Sutton Lewis (GA) Poe (TX) YEAS—422 Terry TITLE V—GRAVINA ISLAND BRIDGE AND Lipinski Polis Thompson (CA) KNIK ARM BRIDGE RESCISSIONS Ackerman Chabot Forbes LoBiondo Pompeo Thompson (MS) Adams Chaffetz Fortenberry Loebsack Posey SEC. 501. RESCISSION OF GRAVINA ISLAND AND Thompson (PA) Aderholt Chandler Foxx Lofgren, Zoe Price (GA) KNIK ARM BRIDGE EARMARKS. Thornberry Akin Chu Frank (MA) Long Price (NC) There are hereby rescinded all unobligated Tiberi Alexander Cicilline Franks (AZ) Lowey Quayle balances, remaining available as of March 2, Altmire Clarke (MI) Tierney Frelinghuysen Lucas Quigley 2011, of contract authority provided or re- Amash Clarke (NY) Fudge Tipton Luetkemeyer Rahall served for planning, design, or construction Andrews Clay Gallegly Luja´ n Rangel Tonko Austria Cleaver Garamendi Lummis Reed Towns of the Gravina Island bridge, Alaska, or the Baca Clyburn Gardner Lungren, Daniel Rehberg Tsongas Knik Arm bridge, Alaska, under the fol- Bachmann Coble Garrett E. Reichert Turner lowing provisions of law: Bachus Coffman (CO) Gerlach Lynch Renacci Upton (1) Section 144(f)(1)(A)(ii) of title 23, United Baldwin Cohen Gibbs Mack Reyes Van Hollen ´ States Code. Barletta Cole Gibson Maloney Ribble Velazquez Barrow Conaway Visclosky (2) Item number 14 of the table contained Gohmert Manzullo Richardson in section 1302(e) of SAFETEA–LU (119 Stat. Bartlett Connolly (VA) Gonzalez Marchant Richmond Walberg Barton (TX) Conyers Goodlatte Marino Rigell Walden 1205). Bass (CA) Costello Gosar Markey Rivera Walsh (IL) (3) Item numbers 406, 2465, 3323, and 3677 of Bass (NH) Courtney Gowdy Matheson Roby Walz (MN) the table contained in section 1702 of Becerra Cravaack Granger Matsui Roe (TN) Wasserman SAFETEA–LU (119 Stat. 1256). Benishek Crawford Graves (GA) McCarthy (CA) Rogers (AL) Schultz (4) Item numbers 2 and 10 of the table con- Berg Crenshaw Graves (MO) McCarthy (NY) Rogers (KY) Waters Berkley Critz tained in section 1934(c) of SAFETEA–LU Green, Al McCaul Rogers (MI) Watt Berman Crowley (119 Stat. 1485). Green, Gene McClintock Rohrabacher Waxman Biggert Cuellar Griffin (AR) McCollum Rokita Webster SEC. 502. PROHIBITION ON FUNDING OF GRAVINA Bilbray Culberson Griffith (VA) McCotter Rooney Weiner ISLAND AND KNIK ARM BRIDGES. Bilirakis Cummings Grijalva McDermott Ros-Lehtinen Welch None of the funds made available by this Bishop (GA) Davis (CA) Grimm McGovern Roskam West Act may be used to plan, design, or construct Bishop (NY) Davis (IL) Guinta McHenry Ross (AR) Westmoreland Bishop (UT) Davis (KY) the Gravina Island bridge, Alaska, or the Guthrie McIntyre Ross (FL) Whitfield Black DeFazio Knik Arm bridge, Alaska. Gutierrez McKeon Rothman (NJ) Wilson (FL) Bonner DeGette Hall McKinley Roybal-Allard Wilson (SC) The SPEAKER pro tempore. Pursu- Bono Mack DeLauro McMorris Royce Wittman Boren Denham Hanabusa ant to the rule, the gentleman from Harper Rodgers Runyan Wolf Boswell Dent McNerney Ruppersberger Womack Colorado is recognized for 5 minutes in Boustany Deutch Harris support of his motion. Hartzler Meehan Rush Woodall Brady (PA) Diaz-Balart Meeks Ryan (OH) Woolsey Mr. POLIS. Mr. Speaker, usually Brady (TX) Dicks Hastings (FL) Hastings (WA) Mica Ryan (WI) Wu when something is killed, it stays dead. Braley (IA) Dingell Michaud Sa´ nchez, Linda Yarmuth Brooks Doggett Hayworth But just like in a bad zombie movie, Heck Miller (FL) T. Yoder Broun (GA) Dold Miller (MI) Sanchez, Loretta Young (AK) some bad earmarks refuse to die and Brown (FL) Donnelly (IN) Heinrich Heller Miller (NC) Sarbanes Young (FL) return to life time and time again as Buchanan Doyle Miller, Gary Scalise Young (IN) Bucshon Dreier Hensarling wasteful spending. That’s what’s hap- Buerkle Duffy Herger NOT VOTING—10 pened with this bill and what this Herrera Beutler Burgess Duncan (SC) Blackburn DesJarlais Hinojosa amendment corrects. Burton (IN) Duncan (TN) Higgins Blumenauer Giffords Kaptur Butterfield Edwards Himes There isn’t an American taxpayer Hinchey Cooper Gingrey (GA) out there who hasn’t heard of the Calvert Ellison Costa Hanna Camp Ellmers Hirono Bridge to Nowhere. The Bridge to No- Campbell Emerson Holden b 1609 where has become synonymous with Canseco Engel Holt Cantor Eshoo Honda So the amendment was agreed to. government waste. Capito Farenthold Hoyer The result of the vote was announced What Americans may be shocked to Capps Farr Huelskamp as above recorded. find out is a significant portion of the Capuano Fattah Huizenga (MI) Cardoza Filner Hultgren A motion to reconsider was laid on $454 million that Congress provided Carnahan Fincher Hunter the table. through eight separate earmarks in Carney Fitzpatrick Hurt Stated for: SAFETEA–LU is still available in Alas- Inslee Carson (IN) Flake Mr. DESJARLAIS. Mr. Speaker, on rollcall ka to build these bridges. We fix that Carter Fleischmann Israel Cassidy Fleming Issa No. 158, I was unavoidably detained. Had I with this amendment and eliminate Castor (FL) Flores Jackson (IL) been present, I would have voted ‘‘yea.’’ these return-from-the-dead earmarks

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.063 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1492 CONGRESSIONAL RECORD — HOUSE March 2, 2011 with this amendment to save taxpayers amendment, it will allow $183 million nance these projects, commonly referred to money and restore credibility to Con- of taxpayer money to be spent for as the ‘‘Bridges to Nowhere.’’ gress. bridges for nowhere, wasteful spending SAFETEA–LU provides $223 million of Fed- Although Congress has tried to stop eral-aid highway funds for the Gravina Is- we can’t afford. land bridge. The $304 million bridge under these bridges to nowhere by giving Despite claims that the Bridge to No- consideration, which rivals the Golden Gate Alaska the authority to use its ear- where earmarks were eliminated, Alas- Bridge in size and scope, would serve an is- marked funds on other transportation ka spent over $71 million of Federal land of 50 people, who can access Ketchikan, projects, Alaska has still used $71 mil- money. You know, in 2006, when the Alaska, via a five-minute ferry ride. lion of Federal funds provided under Republicans lost their majority and en- In addition, the act provides $231 million of SAFETEA–LU to continue work on two tered the minority, Mr. CANTOR, the Federal-aid highway funds for the Knik Arm bridges to nowhere. Sadly, Alaska’s leader, said Republicans have become Crossing project. The Knik Arm bridge is a ‘‘a party of the Bridge to Nowhere.’’ project to build a 1.6-mile long bridge, 790- earmarked bridges to nowhere, like foot tunnel, and 18 miles of connecting roads zombies eating the brains of taxpayers, Well, Mr. Speaker, it looks like too lit- at a cost of approximately $1.6 billion, in- refuse to die. tle has changed. cluding approximately $740 million for phase Frankly, like most Americans I Unless this amendment passes, the 1 of the project. thought Federal funding for the bridges Republicans once again will become a Despite claims that the ‘‘Bridges to No- to nowhere was a thing of the past. party lost on the Bridge to Nowhere. where’’ earmarks were eliminated, Alaska ABC News reported in 2007 the Bridge This motion rescinds all remaining has spent more than $71 million of Federal to Nowhere is gone. This bridge had funds, about $183 million provided for SAFETEA–LU funds to proceed with these the planning, design and construction bridge projects and accompanying access collapsed even before it was built after roads over the past six years. an onslaught of angry editorials, furi- of the two bridges under SAFETEA– The Motion to Recommit rescinds all re- ous anti-pork citizen groups, and caus- LU. In addition, the amendment pro- maining funds—approximately $183 million— tic jokes on late-night TV. hibits the use of funds to finance these provided for planning, design, and construc- But, unfortunately, Mr. Speaker, this bridge projects. tion of the Gravina Island and Knik Arm zombie has climbed from its grave and This is a very simple choice. There is bridges under SAFETEA–LU. In addition, is terrorizing American taxpayers to no politics in this. We are not changing the motion prohibits the use of any funds the tune of $180 million in deficit other parts of the bill, trying to catch provided under the Surface Transportation people up. We are not putting up a vote Extension Act of 2011 to finance these bridge spending to build two bridges, one of projects. which is a bridge that from an engi- to trap people for 30-second spots to According to the Congressional Budget Of- neering perspective is comparable to say they are for pornography, like has fice, the Motion to Recommit will reduce the the Golden Gate Bridge to an island been done in previous sessions while Federal deficit by approximately $160 million with 50 people. the bill is gutted elsewhere. What we over the next 10 years. Now, but wait, we are not calling it are simply providing is a clean vote on These earmarks also contribute to Alas- an earmark because we have abolished the Bridge to Nowhere. ka’s high rate of return for its gas tax con- According to the CBO, this motion tributions. Over the six-year period of earmarks in this Congress. So, instead, SAFETEA–LU (FY 2004 through FY 2009), we are taking Republican earmarks will reduce the deficit by $160 million Alaska received an average $5.20 for each dol- from previous sessions of Congress and by eliminating funding for these two lar that the State contributed to the High- calling them something else. bridges, nothing else. Listen, for us to way Trust Fund. Is that the new spending plan? Is that have the credibility as a Congress to GRAVINA ISLAND BRIDGE how we are going to balance the budg- make the tough cuts we need to bal- Gravina Island is a small land mass (21 et? Now, many Republicans in this ance the budget, to work together to miles long and 9.5 miles wide) located in body have used the bridges to nowhere pass a CR that cuts spending, to reduce Ketchikan Gateway, Alaska. According to as an example of wasteful spending. spending in future years, Congress the latest Census data, the island has a popu- My colleague and friend from Texas must have moral standing. Continuing lation of 50 people. Ketchikan International (Mr. NEUGEBAUER) stated that ‘‘while to provide funding to be used for these Airport is located on the island. The island some earmarks fund worthy projects, bridges, the infamous Alaska bridges to can be accessed by a five-minute ferry ride across Tongass Narrows from Ketchikan, and there are some, such as the infamous nowhere, which most Americans like an average of 10,000 vehicles per month use ‘Bridge to Nowhere’ that are wasteful me thought were already dead, is not the ferry crossing. A ferry arrives and de- uses of taxpayer money.’’ the way for Congress to build trust parts every 15 to 30 minutes. My friend from Indiana (Mr. PENCE) with the American people. Alaska received a total of $223 million in said, ‘‘All spending bills passed in 2007 So we have a choice today. We can SAFETEA–LU to finance the construction of included some 11,000 earmarks. Those vote to continue these most egregious the Gravina Island bridge and accompanying earmarks included wasteful spending earmarks; or we can stand by our access roads. Although Congress expanded for items such as a $20 million ferry are words, our vows, and our values and the eligible uses of the earmarked funds in vote for this amendment and finally legislation subsequent to SAFETEA–LU, in Alaska benefiting just 40 people. Alaska continues to be able to use these That, of course, followed the infamous put an end to wasteful spending and funds on the bridge and access road projects. Bridge to Nowhere earmark from the pet projects. In 2008, Alaska completed construction of 2005 highway bill.’’ Let me close with some words of wis- the Gravina Island Highway to provide ac- So here we have a wasteful expendi- dom from my colleague from West Vir- cess to the proposed bridge. Alaska used $37.6 ture that not only had its origin as an ginia, Congresswoman SHELLEY MOORE million of Federal funds provided under earmark but has been used by fiscal CAPITO: ‘‘The days of members slipping SAFETEA–LU for the project. Given that the hawks from both sides of the aisle as in ’the bridge to nowhere’ in the dead bridge does not exist at this point, the road of night are over.’’ I urge my col- currently leads nowhere. the very example of a wasteful ear- According to the Alaska State Legislature mark. leagues on both sides of the aisle to Budget and Audit Committee, Alaska has If Alaska wants to build a bridge to shine the light of day on this insidious specifically reserved $75.9 million of the re- nowhere or a road to nowhere or a road example of pork, remove it from the maining SAFETEA–LU funds to improve ac- to somewhere, bridge to somewhere, go bill and pass the House amendment. cess to Gravina Island and is currently con- ahead and do it, just do it without Fed- SUMMARY ducting a supplemental environmental im- eral tax dollars. In 2005, the Safe, Accountable, Efficient pact statement that includes construction of My colleague from Michigan (Mr. Transportation Equity Act: A Legacy for a $304 million bridge as an alternative. Users (SAFETEA–LU) (P.L. 109–59) provided According to the Federal Highway Admin- WALBERG) said: ‘‘Taxpayers are tired of istration, $125.8 million remains available for their hard-earned money paying for a total of $454 million for the construction of two bridges in Alaska—the Gravina Island expenditure from the amounts provided in things like a Bridge to Nowhere in SAFETEA–LU for the Gravina Island bridge. Alaska, fruit fly research in France bridge and the Knik Arm bridge—through eight separate earmarks in the law. Since KNIK ARM BRIDGE and a hippie museum in New York.’’ 2005, the public, media, and Members of Con- The Knik Arm Bridge project proposes the Well, this bill doesn’t fund a fruit fly gress have questioned the merits of these construction of a 1.6-mile bridge across Knik museum in France or a hippie museum; projects and condemned the use of scarce Arm connecting Anchorage with the borough but unless we act by passing this Federal surface transportation funds to fi- of Mat-Su, along with 18 miles of access

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.068 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1493 roads to the bridge, at a cost of approxi- DeLauro Lee (CA) Ross (AR) McHenry Reed Simpson mately $1.6 billion, including $740 million for Deutch Levin Rothman (NJ) McKeon Rehberg Smith (NE) construction of the bridge in phase 1 of the Dicks Lewis (GA) Roybal-Allard McKinley Reichert Smith (NJ) McMorris Renacci project. In 2003, Alaska established the Knik Dingell Lipinski Ruppersberger Smith (TX) Doggett Loebsack Rodgers Ribble Arm Bridge and Toll Authority to construct Rush Southerland Donnelly (IN) Lofgren, Zoe Ryan (OH) Meehan Rigell Stearns the bridge. On December 15, 2010, the Federal Doyle Lowey Sa´ nchez, Linda Mica Rivera Stivers Highway Administration approved the Envi- Edwards Luja´ n T. Miller (FL) Roby Stutzman ronmental Impact Statement Record of De- Ellison Lynch Sanchez, Loretta Miller (MI) Roe (TN) Sullivan Miller, Gary Rogers (AL) cision to construct the 8,200-foot bridge, 790- Engel Maloney Sarbanes Terry Eshoo Markey Mulvaney Rogers (KY) foot tunnel, and 18 miles of access roads. Schakowsky Thompson (PA) Farr Matheson Murphy (PA) Rogers (MI) Schiff Thornberry Alaska received a total of $231 million in Myrick Rohrabacher Fattah Matsui Tiberi SAFETEA–LU to finance the planning, de- Filner McCarthy (NY) Schwartz Neugebauer Rokita Tipton sign, and construction of the Knik Arm Frank (MA) McCollum Scott (VA) Noem Rooney Turner bridge and accompanying access roads. Al- Fudge McDermott Scott, David Nugent Ros-Lehtinen Upton Garamendi McGovern Serrano Nunes Roskam though Congress expanded the eligible uses Walberg Gonzalez McIntyre Sewell Nunnelee Ross (FL) of the earmarked funds in legislation subse- Walden quent to SAFETEA–LU, Alaska has used Green, Al McNerney Sherman Olson Royce Sires Palazzo Runyan Walsh (IL) $45.4 million of Federal funds provided under Green, Gene Meeks Grijalva Michaud Slaughter Paul Ryan (WI) Webster SAFETEA–LU for the project. Gutierrez Miller (NC) Smith (WA) Paulsen Scalise West According to the Federal Highway Admin- Hanabusa Miller, George Speier Pearce Schilling Westmoreland istration, $57.4 million remains available for Hastings (FL) Moore Stark Pence Schmidt Whitfield expenditure from the amounts provided in Heinrich Moran Sutton Peterson Schock Wilson (SC) Wittman SAFETEA–LU for the Knik Arm bridge. Higgins Murphy (CT) Thompson (CA) Petri Schweikert Wolf Himes Nadler Thompson (MS) Pitts Scott (SC) I yield back the balance of my time. Womack Hinchey Napolitano Tierney Platts Scott, Austin Woodall Mr. MICA. Mr. Speaker, I rise in op- Hirono Neal Tonko Poe (TX) Sensenbrenner Yoder position to the motion to recommit. Holden Olver Towns Pompeo Sessions Posey Shimkus Young (AK) Holt Owens Tsongas The SPEAKER pro tempore. The gen- Honda Pallone Price (GA) Shuler Young (FL) Van Hollen tleman from Florida is recognized for 5 Hoyer Pascrell Quayle Shuster Young (IN) Vela´ zquez Inslee Pastor (AZ) minutes. Visclosky Israel Payne ANSWERED ‘‘PRESENT’’—2 Mr. MICA. Well, congratulations my Walz (MN) Jackson (IL) Pelosi DeFazio Schrader colleagues. Welcome to the era of Jackson Lee Perlmutter Wasserman smoke and mirrors, and that’s exactly (TX) Peters Schultz NOT VOTING—3 Waters what this motion to recommit is; and I Johnson (GA) Pingree (ME) Giffords Hanna Hinojosa Kaptur Polis Watt urge its defeat. Keating Price (NC) Waxman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE You heard the gentleman describing Kildee Quigley Weiner Welch The SPEAKER pro tempore (during bridges. He, again, is trying to mislead Kind Rahall the vote). One minute is remaining in the entire House on this particular mo- Kissell Rangel Wilson (FL) Langevin Reyes Woolsey this vote. tion to recommit. It is smoke and mir- Larsen (WA) Richardson Wu rors. Larson (CT) Richmond Yarmuth b 1637 I urge the defeat of the motion to re- NOES—246 Ms. BROWN of Florida changed her commit. vote from ‘‘no’’ to ‘‘aye.’’ Adams Crenshaw Hayworth Aderholt Culberson Heck So the motion to recommit was re- b 1620 Akin Davis (KY) Heller jected. The SPEAKER pro tempore. Without Alexander Denham Hensarling The result of the vote was announced Amash Dent Herger as above recorded. objection, the previous question is or- Austria DesJarlais Herrera Beutler dered on the motion to recommit. Bachmann Diaz-Balart Huelskamp The SPEAKER pro tempore. The There was no objection. Bachus Dold Huizenga (MI) question is on the passage of the bill. Barletta Dreier Hultgren The question was taken; and the The SPEAKER pro tempore. The Bartlett Duffy Hunter question is on the motion to recommit. Barton (TX) Duncan (SC) Hurt Speaker pro tempore announced that The question was taken; and the Bass (NH) Duncan (TN) Issa the ayes appeared to have it. Speaker pro tempore announced that Benishek Ellmers Jenkins RECORDED VOTE Berg Emerson Johnson (IL) the noes appeared to have it. Biggert Farenthold Johnson (OH) Ms. DEGETTE. Mr. Speaker, I de- RECORDED VOTE Bilbray Fincher Johnson, E. B. mand a recorded vote. Bilirakis Fitzpatrick Johnson, Sam A recorded vote was ordered. Mr. POLIS. Mr. Speaker, I demand a Bishop (UT) Flake Jones recorded vote. Black Fleischmann Jordan The SPEAKER pro tempore. This A recorded vote was ordered. Blackburn Fleming Kelly will be a 5-minute vote. The SPEAKER pro tempore. Pursu- Bonner Flores King (IA) The vote was taken by electronic de- Bono Mack Forbes King (NY) vice, and there were—ayes 421, noes 4, ant to clause 9 of rule XX, the Chair Boren Fortenberry Kingston will reduce to 5 minutes the minimum Boustany Foxx Kinzinger (IL) not voting 7, as follows: time for electronic vote on the ques- Brady (TX) Franks (AZ) Kline [Roll No. 160] Brooks Frelinghuysen Kucinich tion of passage. Broun (GA) Gallegly Labrador AYES—421 The vote was taken by electronic de- Buchanan Gardner Lamborn Ackerman Bilbray Burton (IN) vice, and there were—ayes 181, noes 246, Bucshon Garrett Lance Adams Bilirakis Butterfield answered ‘‘present’’ 2, not voting 3, as Buerkle Gerlach Landry Aderholt Bishop (GA) Calvert Burgess Gibbs Lankford Akin Bishop (NY) Camp follows: Burton (IN) Gibson Latham Alexander Bishop (UT) Campbell [Roll No. 159] Calvert Gingrey (GA) LaTourette Altmire Black Canseco Camp Gohmert Latta Andrews Blackburn Cantor AYES—181 Campbell Goodlatte Lewis (CA) Austria Blumenauer Capito Ackerman Braley (IA) Cleaver Canseco Gosar LoBiondo Baca Bonner Capps Altmire Brown (FL) Clyburn Cantor Gowdy Long Bachmann Bono Mack Capuano Andrews Butterfield Cohen Capito Granger Lucas Bachus Boren Cardoza Baca Capps Connolly (VA) Cardoza Graves (GA) Luetkemeyer Baldwin Boswell Carnahan Baldwin Capuano Conyers Carter Graves (MO) Lummis Barletta Boustany Carney Barrow Carnahan Cooper Cassidy Griffin (AR) Lungren, Daniel Barrow Brady (PA) Carson (IN) Bass (CA) Carney Costello Chabot Griffith (VA) E. Bartlett Brady (TX) Carter Becerra Carson (IN) Courtney Chaffetz Grimm Mack Barton (TX) Braley (IA) Cassidy Berkley Castor (FL) Critz Coble Guinta Manzullo Bass (CA) Brooks Castor (FL) Berman Chandler Crowley Coffman (CO) Guthrie Marchant Bass (NH) Broun (GA) Chabot Bishop (GA) Chu Cuellar Cole Hall Marino Becerra Brown (FL) Chaffetz Bishop (NY) Cicilline Cummings Conaway Harper McCarthy (CA) Benishek Buchanan Chandler Blumenauer Clarke (MI) Davis (CA) Costa Harris McCaul Berkley Bucshon Chu Boswell Clarke (NY) Davis (IL) Cravaack Hartzler McClintock Berman Buerkle Cicilline Brady (PA) Clay DeGette Crawford Hastings (WA) McCotter Biggert Burgess Clarke (MI)

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.021 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1494 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Clarke (NY) Heinrich Miller (FL) Shimkus Thompson (PA) Watt for 1 minute and to revise and extend Clay Heller Miller (MI) Shuler Thornberry Waxman Cleaver Hensarling Miller (NC) Shuster Tiberi Webster his remarks.) Clyburn Herger Miller, Gary Simpson Tierney Weiner Mr. BLUMENAUER. Mr. Speaker, Coble Herrera Beutler Miller, George Sires Tipton Welch there is a lot of rhetoric one hears in Coffman (CO) Higgins Moore Slaughter Tonko West the House about what the American Cohen Himes Moran Smith (NE) Towns Westmoreland Cole Hinchey Mulvaney Smith (NJ) Tsongas Wilson (FL) public wants or what the American Conaway Hirono Murphy (CT) Smith (TX) Turner Wilson (SC) public thinks. Connolly (VA) Holden Murphy (PA) Smith (WA) Upton Wittman Well, this week survey research came Conyers Holt Myrick Southerland Van Hollen Wolf out commissioned by the Public Broad- Cooper Honda Nadler Speier Vela´ zquez Womack Costa Hoyer Napolitano Stark Visclosky Woodall casting System and conducted by a bi- Costello Huelskamp Neal Stivers Walberg Woolsey partisan survey research team from Courtney Huizenga (MI) Neugebauer Stutzman Walden Wu Hart Research and American View- Cravaack Hultgren Noem Sullivan Walsh (IL) Yarmuth point that is powerful evidence that Crawford Hunter Nugent Sutton Walz (MN) Yoder Crenshaw Hurt Nunes Terry Wasserman Young (AK) while Americans are concerned about Critz Inslee Nunnelee Thompson (CA) Schultz Young (FL) the budget and budget deficits, public Crowley Israel Olson Thompson (MS) Waters Young (IN) broadcasting is a higher priority. Cuellar Issa Olver NOES—4 Support for public broadcasting tran- Culberson Jackson (IL) Owens Cummings Jackson Lee Palazzo Amash Polis scends party affiliation. More than Davis (CA) (TX) Pallone Flake Stearns two-thirds of all voters oppose elimi- Davis (IL) Jenkins Pascrell NOT VOTING—7 nation of Federal funding for public Davis (KY) Johnson (GA) Pastor (AZ) broadcasting as approved by my Repub- DeFazio Johnson (IL) Paulsen Berg Hanna Whitfield DeGette Johnson (OH) Payne Frelinghuysen Hinojosa lican friends. What is most interesting, DeLauro Johnson, E. B. Pearce Giffords Paul nearly eight in 10 voters believe that Denham Johnson, Sam Pelosi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE PBS should receive the same amount of Dent Jones Pence DesJarlais Jordan Perlmutter The SPEAKER pro tempore (during government funding or more than it Deutch Kaptur Peters the vote). One minute remains in this currently receives. Diaz-Balart Keating Peterson vote. It’s not just Democrats. Ninety-two Dicks Kelly Petri percent favor the same amount or Dingell Kildee Pingree (ME) b 1643 Doggett Kind Pitts more. It’s not just Independents. Sev- Dold King (IA) Platts So the bill was passed. enty-five percent favor the same Donnelly (IN) King (NY) Poe (TX) The result of the vote was announced amount or more. Two-thirds of Repub- Doyle Kingston Pompeo as above recorded. licans favor the same or more money Dreier Kinzinger (IL) Posey Duffy Kissell Price (GA) A motion to reconsider was laid on for public broadcasting. Duncan (SC) Kline Price (NC) the table. There’s still time to climb off the Duncan (TN) Kucinich Quayle Stated for: ledge. The Senate should stand tall and Edwards Labrador Quigley Mr. BERG. Mr. Speaker, on rollcall No. 160 the House should reverse itself. Ellison Lamborn Rahall Ellmers Lance Rangel I was inadvertently detained. f Emerson Landry Reed Had I been present, I would have voted THE DEBT Engel Langevin Rehberg ‘‘aye.’’ Eshoo Lankford Reichert f (Mr. THOMPSON of Pennsylvania Farenthold Larsen (WA) Renacci asked and was given permission to ad- Farr Larson (CT) Reyes CONGRATULATING WOMEN OF TO- Fattah Latham Ribble dress the House for 1 minute and to re- Filner LaTourette Richardson MORROW ON ITS 10TH ANNIVER- vise and extend his remarks.) Fincher Latta Richmond SARY GALA Mr. THOMPSON of Pennsylvania. My Fitzpatrick Lee (CA) Rigell Fleischmann Levin Rivera (Ms. ROS-LEHTINEN asked and was constituents are perplexed with Wash- Fleming Lewis (CA) Roby given permission to address the House ington, Mr. Speaker. Economists have Flores Lewis (GA) Roe (TN) for 1 minute and to revise and extend warned and the public demands Wash- Forbes Lipinski Rogers (AL) Fortenberry LoBiondo Rogers (KY) her remarks.) ington tighten its belt. Despite this Foxx Loebsack Rogers (MI) Ms. ROS-LEHTINEN. Mr. Speaker, I year’s $1.6 trillion deficit, the Presi- Frank (MA) Lofgren, Zoe Rohrabacher rise to recognize a great South Florida dent still refuses to change course and Franks (AZ) Long Rokita organization: Women of Tomorrow. reduce spending. Fudge Lowey Rooney Gallegly Lucas Ros-Lehtinen This month, Women of Tomorrow will President Obama created the bipar- Garamendi Luetkemeyer Roskam hold its annual gala, celebrating 10 tisan National Commission on Fiscal Gardner Luja´ n Ross (AR) years of making a difference in the Responsibility and Reform by execu- Garrett Lummis Ross (FL) tive order. The commission’s mission, Gerlach Lungren, Daniel Rothman (NJ) lives of young women. Gibbs E. Roybal-Allard Women of Tomorrow was founded in according to the executive order was, Gibson Lynch Royce 1997 by South Florida journalist Jen- quote, to identify policies to improve Gingrey (GA) Mack Runyan nifer Valoppi and Telemundo President the fiscal situation in the medium Gohmert Maloney Ruppersberger Gonzalez Manzullo Rush Don Browne. Their goal was to help at- term and to achieve fiscal sustain- Goodlatte Marchant Ryan (OH) risk young women live up to their full ability over the long run. Gosar Marino Ryan (WI) potential. The result has been a truly Unfortunately, the President’s FY Gowdy Markey Sa´ nchez, Linda 2012 budget ignores every essential ob- Granger Matheson T. unique organization that pairs accom- Graves (GA) Matsui Sanchez, Loretta plished professional women with small servation and proposal advanced by the Graves (MO) McCarthy (CA) Sarbanes groups of at-risk teenage girls in high commission and doubles debt held by Green, Al McCarthy (NY) Scalise schools. The mentors come from varied the public by the end of his term while Green, Gene McCaul Schakowsky Griffin (AR) McClintock Schiff backgrounds: lawyers, doctors, entre- adding on $13 trillion in new debt. Griffith (VA) McCollum Schilling preneurs and public servants. They Erskine Bowles, the Democratic Grijalva McCotter Schmidt show their mentees that anything is chairman of the fiscal commission Grimm McDermott Schock stated: the White House budget request Guinta McGovern Schrader possible and nothing is out of their Guthrie McHenry Schwartz reach. goes ‘‘nowhere near where they will Gutierrez McIntyre Schweikert Congratulations, Women of Tomor- have to go to resolve our fiscal night- Hall McKeon Scott (SC) row, on 10 amazing years, and I know mare.’’ Hanabusa McKinley Scott (VA) Harper McMorris Scott, Austin that the next 10 will be even better. Mr. Speaker, my constituents and I Harris Rodgers Scott, David f agree. Despite the need to rein in our Hartzler McNerney Sensenbrenner runaway debt, the President’s budget is Hastings (FL) Meehan Serrano PUBLIC BROADCASTING more of the same. It’s time we take the Hastings (WA) Meeks Sessions Hayworth Mica Sewell (Mr. BLUMENAUER asked and was economists and our constituents seri- Heck Michaud Sherman given permission to address the House ously and get serious on the debt. I ask

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.033 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1495 my colleagues to join me in heeding There should be no question in any the operability for an oil-sand pipeline their call. person’s mind that Jessica Tata should from Canada. f be held responsible for this crime. So We really can be independent on our the long arm of the law needs to cap- energy needs based upon North Amer- RISING GAS PRICES ture her and return her to Texas and ican energy resources. We have to be (Mr. TONKO asked and was given let a jury decide what to do with that about that. For the administration to permission to address the House for 1 baby killer—because justice is what we celebrate opening up one permit on the minute and to revise and extend his re- do. gulf coast is a joke. We ought to get marks.) And that’s just the way it is. our drilling rigs back and operating. Mr. TONKO. Mr. Speaker, I rise f f today to shed light on a very serious LOSING THE WAR OF COMMON MESSAGE FROM THE PRESIDENT problem—skyrocketing gasoline prices. SENSE In the capital district of New York, A message in writing from the Presi- prices at the pump today average about (Mr. PALAZZO asked and was given dent of the United States was commu- $3.50 per gallon. Nationally, the aver- permission to address the House for 1 nicated to the House by Ms. Evans, one age price is $3.38 per gallon, and it con- minute.) of his secretaries. tinues to rise. Due to the continued Mr. PALAZZO. Mr. Speaker, last f week, while most of us were working conflict in North Africa and the Middle THE CONGRESSIONAL BLACK from our districts, a newspaper article East, oil is over $100 per barrel. There CAUCUS appears to be no end in sight. entitled, ‘‘Combat Troops To Get Gay For every $10 per barrel rise in the Sensitivity Training,’’ was published. The SPEAKER pro tempore (Mr. price of oil, America sends an addi- The article explains how our combat GUINTA). Under the Speaker’s an- tional $40 billion overseas, yearly. How forces on the front lines in Afghanistan nounced policy of January 5, 2011, the can we expect to turn around our econ- will soon be required to take a time- gentlewoman from the Virgin Islands omy and create jobs when we are send- out from their mission and be forced to (Mrs. CHRISTENSEN) is recognized for 60 ing this much money to our enemies? participate in the Pentagon’s homo- minutes as the designee of the minor- Plain and simple, we must start sexual sensitivity training regimen. ity leader. thinking outside the barrel—to create I still maintain the repeal of Don’t Mrs. CHRISTENSEN. Thank you, Mr. jobs and protect our national security. Ask, Don’t Tell will harm recruitment, Speaker. We as Americans are better than the retention and readiness; but regardless I want to thank the Democratic lead- ancient fuel that we put into our vehi- of your opinion on that issue, it is re- ership for giving the Congressional cles. markable that the courageous men and Black Caucus this time to stand in sol- Using 19th and 20th century oil sub- women who have voluntarily put them- idarity with our sisters and brothers in sidies in this 21st century is outdated selves in harm’s way are being sub- Wisconsin, in Ohio, as well as those in and foolish. We are literally giving jected to such insane distractions while Indiana, and anywhere the rights of away hard-earned taxpayer money to the war wages on around them. workers are being trampled upon. The big oil companies that are setting Our Nation is at war against an similarities in what is going on here in record profits. What do we get in re- enemy that wants nothing more than the Nation’s Capital and in the Wis- turn? Sticker shock at the pump. the complete destruction of our way of consin capital are not only striking, Mr. Speaker, this is unfair to hard- life. For the President and the Pen- but it’s the kind of coordinated attack working Americans that play by the tagon to dangerously distract the at- against working men and women that rules. We deserve better. Let’s stop this tention of our troops in forward oper- we have become accustomed to seeing sticker shock. ating bases away from the enemy and from Republican legislators and Gov- toward homosexual sensitivity training ernors. f is outrageous. I don’t understand why Governor b 1650 To the men and women in the U.S. Walker can’t take ‘‘yes’’ for an answer. Armed Forces, I pray to God that you The unions have agreed to most, if not BABY KILLER FLEES all return home safe and sound to your all, of the concessions he asked for; but (Mr. POE of Texas asked and was families. I, for one, believe in your mis- rightly, they will not—and should given permission to address the House sion and want to win the war on terror not—give up their right to collective for 1 minute.) because we have certainly lost the war bargaining. Mr. POE of Texas. Mr. Speaker, last of common sense. No one knows better than the Afri- Thursday was just a normal day in f can American community what unions Houston, Texas. Seven families left have done to lift people out of poverty, their babies at Jackie’s Childcare, and ENERGY INDEPENDENCE to ensure them decent jobs with decent went along to work just as they did (Mr. SHIMKUS asked and was given wages and protections in the work- every day. permission to address the House for 1 place. Not only African Americans, but A daycare is supposed to be a place minute and to revise and extend his re- all Americans have benefited from the where parents trust caregivers with the marks.) work of our labor unions. safety of their kids. After all, that is Mr. SHIMKUS. Mr. Speaker, I am What Governor Walker is doing is not what they are supposed to do—keep glad my colleague came up to talk about balancing a budget or reducing a children safe. The owner, however, Jes- about high energy prices. We have con- deficit any more than the cuts in sica Tata, left the children by them- sistently tried on this side of the aisle spending are up here. It’s about busting selves and carelessly drove off to Tar- to talk about an all-of-the-above en- unions, thus making it possible for get. Meanwhile, the pot of oil she had ergy strategy. We are independent on companies to run roughshod over work- left on the electric stove caught fire, electricity generation, but we are held ers’ rights—a place no one in this coun- and those seven babies burned in a captive to imported crude oil. try should ever allow us to go back to. massive fire. So what does that mean? For the life of me, I can’t understand Elizabeth Kojah, Kendyll Stradford, That means we are stuck with a one- what Republicans have against chil- Elias Castillo, and Shomari Dickerson fuel technology. In an all-of-the-above dren—or is it just poor and middle all burned to death. They were all energy strategy, we envision a world class children? The Governor and his under the age of 3. where you go to a filling station, and allies in the State legislature would It took several days for the authori- you have fuel competing. You have rather take teachers out of the class- ties to get their act together to file coal-to-liquid technologies; you have room—killing jobs—and jeopardize the charges. Meanwhile, Tata was able to liquid fuel by natural gas; you have re- education of Wisconsin’s children than flee to Nigeria. As the Good Book says: newable fuel by biomass. You have all raise property taxes just a little bit to ‘‘The guilty fleeth when no one of these issues to help decrease our re- help cover the cost of providing a qual- pursueth.’’ liance on imported crude oil. We have ity education even after the teachers

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.074 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1496 CONGRESSIONAL RECORD — HOUSE March 2, 2011 have agreed to give up some of their Governor Walker is calling employee on union-busting, anti-democratic ini- health and pension benefits negotiated unions unreasonable, but his adminis- tiatives to really undo longstanding in their contracts. tration has made absolutely no effort collective bargaining agreements. In fact, it is my understanding that, to work with or to even contact any of Union workers and public employees just like the Republicans here insisted the unions he is attacking. He is de- are being used as scapegoats to balance on tax cuts for the wealthy, who did monizing public employees who are the budget. Teachers, nurses, police, not need them, before anything could protesting at the capital. That’s why 74 firemen and others who perform their be done to help struggling families, percent of Wisconsin residents oppose jobs dutifully are being treated shab- Governor Walker also enacted tax cuts this and the Republicans’ bill to take bily by this Governor and those who as soon as he came into office. The away these rights from the struggling share his union-busting and anti-col- spending cuts, as I understand it, middle-income/middle class residents lective bargaining philosophy. I hope would not have been necessary in Wis- of Wisconsin. that cooler heads prevail, and I urge consin if those tax cuts had not been His proposals are an affront to all the Governor to pull the State back enacted, just as the devastating cuts in workers. When he says that State em- from this radical governmental over- health care, education, community ployees should contribute more, all he reach. economic development, and job cre- is really saying is that they should ac- I see my colleague from Wisconsin, ation programs in homeland security cept massive cuts in salary without Congresswoman GWEN MOORE, will be and public safety would not have been being offered a seat at the negotiating with us. And I just want to say to Con- needed here if we had not given the table. gresswoman MOORE that my constitu- wealthy a tax giveaway in December. b 1700 ents in the Ninth Congressional Dis- With that, Mr. Speaker, I yield such trict stand in solidarity with you and time as she might consume to the And we’re not talking about huge with all of those bold and brave leaders former chair of the Congressional salaries here. who have left the State, and also on be- Black Caucus, who is always here, This is not about budgeting; this is half of all of the union workers and all standing for the rights of workers, for about union busting. And it is the kind of those who have come to the Capitol the rights of children, for the rights of of policy that will only hurt workers in to say enough is enough. So thank you, people everywhere, Congresswoman the State and across the country, but Congresswoman MOORE, for your lead- BARBARA LEE of California. it only leads to stalled economic ership. Ms. LEE. Thank you very much, Mr. growth and the slashing of jobs. Thank you, Congresswoman Speaker. The process of collective bargaining CHRISTENSEN. Let me thank the gentlelady from has led to the rise of the middle class. Mrs. CHRISTENSEN. Thank you, the Virgin Islands for, once again, com- It is a fair process that allows employ- Congresswoman LEE, and thank you for ing to the floor and organizing us to ers to sit at the table and craft an your leadership. make sure that we sound the alarm, to agreement that serves both parties. It’s We have a number of women leaders make sure that we put out the facts a fundamentally American process. It’s here, and I would like to now yield to about what is taking place. Tonight, of a democratic process. Yet Governor the gentlelady from Maryland who has course, we are talking about the union- Walker is bent on undermining decades been a leader on many issues, including busting efforts of Governor Walker in of hard-earned concessions won by or- during the health care reform debate to Wisconsin. ganized labor and its membership. If make sure that those who were insured So thank you, Congresswoman the Governor is successful in his union- were protected, Congresswoman DONNA CHRISTENSEN, for your leadership and busting efforts, we will see further as- EDWARDS. for your tireless work. saults around the country on union Ms. EDWARDS. Thank you, Con- I am pleased to participate in this workers and in other States that are gresswoman CHRISTENSEN. Special Order tonight as we provide really experiencing budgetary woes. I’m here today because I look at the some perspective about the importance So in response to Governor Walker’s fight and the struggle of the workers in of preserving and respecting the proc- action, elected officials—and we are Wisconsin, the public sector workers, ess of collective bargaining and of sup- very proud of and stand in solidarity as connected, the dots connected to the porting the rights of public employees with the elected officials in Wis- struggles of workers across this coun- to protect union benefits won by virtue consin—decided to protest against his try. of the blood, sweat, and tears of union- actions. For 20 years we’ve seen an erosion of ized workers. Public employees have shown that the organized labor force, the organized We are talking about the implica- they are serious about balancing the workforce. And it isn’t just the private tions of the union-busting efforts un- budget by agreeing to Governor Walk- sector workers who have lost over dertaken by Wisconsin Governor Walk- er’s pension and health care requests, these 20 years. It’s also our public sec- er; but the reality is there is a sweep- concessions that the Governor himself tor workers. And this is the fight in ing antiunion sentiment overtaking says will solve the budget challenge, which we’re engaged now, Mr. Speaker. our Nation, and public employees who but still it seems like this is not The union movement and collective are union workers are being used as enough. The Governor’s efforts are de- bargaining have brought us minimum scapegoats to balance State budgets. nying the rights of tax-paying nurses, wages, not for our organized workers, This practice is not only wrong; it is educators, emergency response work- but for those of us who are not orga- cruel and is calculated. Let’s take a ers—all people who probably are our nized, have brought us decent work- look at the facts. next-door neighbors. We all know pub- places, safe working conditions, health In Wisconsin, for example, Governor lic employees who this will hurt. These care insurance, disability, vacation, Walker is attempting to ram through are union workers who need and should family and medical leave, and the list legislation that cuts State employee have a voice. goes on and on. benefits and strips unions of their col- At the same time, he is pressing for And so I want to step back in our his- lective bargaining rights by allowing a bill that will do nothing to fix the tory a little bit, Mr. Speaker, and take them to bargain only on wages, keep- budget. This bill will shatter relation- a look at what has happened to the or- ing benefits and other issues off the ships among educators and school lead- ganized workforce—jobs shipped out- table, severely limiting union say on ers, undermining current innovations side this country for private sector hiring, firing, assignments, and other around teacher compensation, evalua- workers, a depletion of the organized work rules. The Governor appears tion and improvement. It will really workforce. We’ve also seen a cir- ready to rush through radical changes have a chilling effect on teacher re- cumstance where our State and munic- that would take away rights from cruitment and sends a terrible message ipal employees have done everything workers without making any effort— about the value of public service. that we’ve asked them to do even in a any effort—to talk to those workers, Mr. Speaker, there are ominous signs tough economy in saying that they will much less negotiate a fair agreement on the horizon that reflect a growing make concessions, as all workers have with them. sentiment by Governors who seem bent in this economy, because they believe

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.076 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1497 in holding the line for all of their So I’m here, Mr. Speaker, because As labor battles erupt in State cap- workers so that people will not have to public sector workers in Wisconsin de- itals across this country, a majority of lose jobs. But they’ve taken furloughs, serve our solidarity. As a member of Americans say they oppose efforts to they’ve taken pay freezes, they’ve the Congressional Black Caucus, we weaken the collective bargaining taken cuts in benefits. And even in know deeply of the struggle for free- rights of public employees. Wisconsin, we know that the workforce dom and for justice, and we know an I want to join with my colleagues there, the public sector workers have injustice when we see it; And we are today to just talk a bit about what is given on all of those money issues. witnessing what looks to be an injus- happening not just in Wisconsin—al- And so we have to ask ourselves, Mr. tice in Wisconsin and Ohio and Indiana though we are here today because of all Speaker, what is at the bottom of this. and perpetrated all across this country that has gone on in Wisconsin. And what’s at the bottom of this, in when it comes to the rights of workers And I would now yield back to our my view, Mr. Speaker, is that this is and the ability to organize and the chair so that we may discuss this in an- about busting up unions. We started ability to bargain collectively for a de- other form. with the private sector workers. We’ve cent workplace, for decent wages, and Mrs. CHRISTENSEN. Certainly. put a kibosh on the ability of all of our for the ability to take care of one’s GENERAL LEAVE workers to organize and to bargain for family and oneself. Mrs. CHRISTENSEN. And before we themselves, and now we’re with public begin that, I’d like to just ask unani- sector workers. b 1710 mous consent that all Members may So I think that this is a race to the We stand toe-to-toe, shoulder-to- have 5 legislative days in which to re- bottom, Mr. Speaker. It’s a race to the shoulder, and union card-to-union card vise and extend their remarks and to bottom for the American worker, and with our public sector workers and enter extraneous material on the mat- so the struggle for workers in Wis- with all workers across this country ter under discussion this evening. consin is a struggle for all workers. who deserve not a race to the bottom, The SPEAKER pro tempore. Is there When a worker is asked to give up $50 Mr. Speaker, but a race to the top. objection to the request of the gentle- a month in contributions to a pension Mrs. CHRISTENSEN. Thank you, woman from the Virgin Islands? plan or $100 a month, let’s think about Congresswoman EDWARDS, and thank There was no objection. what that means for that family. That you for those really strong words to en- Mrs. CHRISTENSEN. And to begin $50 or $100 is the difference between courage our union members in Wis- this dialogue, I’d like to turn now to having oatmeal and cereal and milk consin and Ohio and Indiana and wher- the gentlelady from Wisconsin who and eggs and paying the utilities every ever else unions are under attack. We feels it and who knows it, GWEN month. That’s what $50 or $100 means. appreciate your being here with us this MOORE. Ms. MOORE. Well, thank you so It’s not something that’s just thrown evening and for reassuring those work- much for yielding, and thank you, Mr. away. ers that you and the Congressional Speaker, during this hour. And so, Mr. Speaker, I stand here Black Caucus are standing firmly with with my colleagues in deep solidarity I want to thank the Congressional them. Black Caucus members and the women with the workers, the public sector At this time I would like to yield workers of Wisconsin, because I know of the Congressional Black Caucus for such time as she might consume to the joining me here today. The Congres- that as sure as their struggle goes, the gentlelady from Ohio, a former mayor, struggle with all workers goes across sional Black Caucus has always been also a strong fighter for children, for known as the conscience of the Con- the country. And we have to link those the poor, and for the underserved, Con- fights. We have to end this decades- gress because we understand budgets, gresswoman MARCIA FUDGE. and these initiatives to break the col- long race to the bottom, Mr. Speaker. Ms. FUDGE. Thank you so very We’re being asked to look at trade lective bargaining agreements are much. agreements where we trade away pri- being presented to us in the context of Mr. Speaker, I rise today to express vate sector jobs, our public sector a budget. And we all know that budgets my strong opposition to attempts by workers, our teachers, our firefighters, are not about numbers, and this is the Republican Governor of Wisconsin our law enforcement, people who take proof of that. It’s about values. And and the Republican Governor of the care of our children on a day-to-day where you place your money is where State of Ohio, from which I hail, to un- basis. We’re saying to them, you’re not you place your heart. dermine collective bargaining for pub- valued; you’re not worth enough even And so I’d like to talk about the situ- lic employees. in this economy. I don’t think that ation in Wisconsin. In my State, Ohio Senate Bill 5 is a that is the message that the American You know, there are a few things people want to send. measure currently under consideration that have been misinformation, just let And, Mr. Speaker, clearly the polls by the Ohio General Assembly that me say that, around this budget. And I show that across this country a vast would strip State workers of their col- appreciate the fact that we have a phy- majority, an overwhelming majority— lective bargaining rights. Today, this sician here with us this evening who is upwards of 60 percent—of the American bill was approved by the Senate’s In- an expert on the Medicaid program. We public believes in the right to bargain surance, Commerce and Labor Com- have an attorney here with the gentle- collectively. And what is collective mittee. It now moves to the State Sen- lady from Ohio. And we have the gen- bargaining? Collective bargaining is ate floor for a final vote, which could tlelady from Maryland who is an expert sitting around a table, having a fair begin as early as today. on all kinds of programs that deal with shake, getting a fair deal, and dealing This vote comes after Ohio State and family issues. as equal partners. local union workers gathered in protest So I need you to help me sort out Let’s look at what’s happened in Wis- yesterday at the statehouse. Just yes- some of the things that have been mis- consin and across this country. Con- terday, more than 8,500 people sur- information and disinformation in this tracts were struck. Now, if a contract rounded the statehouse to express their campaign. were made in the private sector and disapproval. Let me say that I once served on the one of the parties wanted to renege on I firmly support the right of public Joint Committee on Finance and put that contract, the other party would employees to collectively negotiate. the budget together as a State senator probably take them to court. They Who are we as a Nation when we tell in the Wisconsin Legislature. So I would be in litigation. our firefighters, our police officers, and know that the opening balance to the Yet here in Wisconsin and across this other public protectors that they don’t budget was a $121 million surplus. Now, country, workers are being asked every deserve a say in their working condi- that’s not a lot of money when you day, they’re being told every day that tions? Does a teacher’s experience or consider that $65 million is required for the person who is on the other side of education have no economic value? a statutory minimum balance in the an equal-bargaining table is going to Ohio’s proposed legislation is less account. But it left a cushion of $54 renege on a contract. There is some- about fiscal responsibility than it is an million in those accounts. Nothing like thing deeply anti-democratic about overt political attack on public work- the $3.6 billion deficit that the Gov- that. ers who speak with a collective voice. ernor likes to present as his raison-

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.077 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1498 CONGRESSIONAL RECORD — HOUSE March 2, 2011 d’etre for these draconian cuts in col- Now, another myth and an untruth Ms. FUDGE. I would say just to take lective bargaining. that has abounded in this debate is a step further what my colleague has Now, what is a structural deficit? A that somehow these public sector em- said, there is an assault on working structural deficit simply is the dif- ployees who are very well educated—I people all over this country and in this ference between what the agencies of mean, some of them are nurses, school House as well. As these communities the government request and what the teachers, career executives in State and these States have become Repub- Governor provides. And so when is the government. Well-educated people lican controlled, we now hear as we last time the agencies have gotten make less, it is true, they make less talk about our own budget and our own every dime that they’ve asked for? than their peers in the private sector CR that we have to deal with entitle- Never. So it’s a phony structural def- because as part of their compensation ment programs. And they continue to icit. But given the fact that our Gov- they have accepted less in wages so throw in there Social Security. It is ernor, just like any Governor, has that they could have a pension, so that not an entitlement program. It is fund- budget challenges, I respect the fact they could have health care benefits. ed by payroll taxes and taxes on em- that, you know, sometimes you have to ployers. It is not an entitlement pro- b 1720 make unpleasant cuts. gram. But we still today hear them So what the Governor proposed to do And so the misinformation, the effort talking about wanting to privatize it. was to realize savings by requiring that to gin up antagonism against public They want to take away the rights of State employees, except for the police employees is totally faulty. Because workers across this country. It’s not and fire and State troopers, pay 5.8 per- the pensions, and I want you to share going to stop in Wisconsin, or Ohio, or cent of their pension funds and a little this with me as a lawyer and as a in Indiana, or in Florida. It is a plan. over 12 percent of their health care former chief executive, the pensions And we need to realize it now, because funds, and to make those contribu- are obligations because people have al- all workers, and those as you talked tions, generating $725 million in sav- ready earned that money in lieu of the about who are retired, are going to feel ings. Miraculously, the unions agreed salary they may have received in the the effects of this as we go forward. So to do that. private sector. this is just the tip of the iceberg. This But the Governor said, No. No, I do Ms. FUDGE. My colleague, who also is a battle we have to win. Ms. EDWARDS. If the gentlewoman not want to negotiate with you. I want is a lawyer, was talking about that ear- would yield, we have just gone through to strip you of your rights to collective lier in her remarks today. an exercise and continue to go through bargain. And the exact words of the bill Ms. EDWARDS. If the gentlewoman a budget exercise here in this Congress were that they were prohibited from would yield, I think that we have to be with respect to Federal workers. So I bargaining about anything related to really clear here that this is not a valid substantive debate. I think that we have said to some Federal workers their conditions of employment. your struggle as a Federal worker is So I was wondering if I could yield to tend to want to address substantive ar- connected to the struggles of private the gentlelady from Ohio and talk guments to refute the misinformation sector workers, is connected to the about that kind of legal jargon, that that you describe. This is an ideological debate that is about one thing struggles of public sector workers at they are unable to negotiate on any the State and municipal level. And let conditions of employment except for only, and it is about busting up the union. It’s an ideological debate. It’s me tell you about that. the 1 percent wage within the con- First, we have Federal workers who about privatizing a pension system. It’s sumer price index. are facing a 2-year pay freeze. And they an ideological debate that says that Ms. FUDGE. Let me just say to you— have accepted that because they are services can be provided better in the and I thank you for yielding and allow- good public servants. Then they face private sector. So I think we have to be ing me this time—as mayor of a city, I the mythology of people who say that very clear here that if this were a valid balanced budgets for 9 years. I under- Federal workers are greatly overpaid stand what it takes to balance a budg- substantive debate, then I think that when it comes to the private sector. et. the workers of Wisconsin would win on But just as in Wisconsin, when you ex- But let me just suggest to you that that. This is an ideological battle. amine deeply the work that the work- Wisconsin, being very similar to Ohio, It’s an ideological battle that’s root- ers do, you examine their job skills when you look at the fact that wages ed in tearing apart, slashing and burn- compared to the private sector job and benefits for public employees in ing public sector workers under the skills, and what you find is in fact they the State of Ohio account for only 9 ruse, under the guise of balancing a are greatly underpaid in the same job percent of the budget, so Ohio is say- budget. categories requiring the same skills ing, as you are, that they’ve got this Ms. MOORE. Will the gentlelady and education as their private sector huge, huge deficit. They’re saying yield? counterparts. we’ve got an $8 billion deficit. Well, Ms. EDWARDS. I will. Now, I don’t want to suggest, Mr. just like in Ohio, if we were to fire Ms. MOORE. It is very interesting Speaker, that in fact private sector every single public employee in the that you should raise that, because in workers have made out like bandits State of Ohio, we would save about $2 fact the governor of our State, in his over the last 20 years, because what we billion this year. They would still have previous capacity as the Milwaukee know is that private sector workers, a $6 billion deficit. So public employees county executive, hired private secu- including the organized workforce, are not the problem. rity guards for the county jail. And a have faced stagnant wages and benefits And for them to suggest that the court just this past January ordered over the course of the last two decades. only thing they can talk about is Milwaukee County to restore those And that’s why I think it’s really im- wages is ridiculous. It is nothing more public servants to their jobs. And in portant for us to connect the dots with than a smokescreen. They are basically fact, they are required to do that. And workers, because I think that oppo- saying: We are taking all of your it was all presented as a budgetary cri- nents out there who would like to pri- rights. And that is what it boils down sis. The Court found that the county vatize the public workforce, opponents to legally is that they really have no exec, now our governor, had overstated out there who would like to rights at all. There is no collective the savings that would be realized by delegitimize and disaggregate unions, voice. There is nothing that they can privatizing those county prison guards. who would like to bust them up, also do to protect themselves. They have And it’s been the same tactic. want to suggest that in fact it’s the taken away their seniority, their secu- Indeed, the police and firefighters public sector workers fighting against rity. It is just, to me, the most bar- and State troopers were excluded from the private sector workers fighting baric thing I’ve seen in a long time. the collective bargaining prohibitions against the Federal workers. Ms. MOORE. Will the gentlelady and the prison guards were not. And as No, this is an entire workforce, as my yield? a State legislator, and I served with colleague from Ohio has pointed out, Ms. FUDGE. I will yield. our current governor, he did introduce across the board, across this country Ms. MOORE. There are some things a bill to privatize our prison system. that has suffered massive, massive as- that I don’t understand. So that’s a very important insight. saults on working people, on middle

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.078 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1499 class people when it comes to wages money and Federal money together. The best thing that you can have and benefits. And Wisconsin serves the We are providing a total, 100 percent when there is downsizing to be done is, purpose of highlighting for us the tax relief for capital gains taxes for indeed, to have a union. Because when transparency and the meanness of what businesses that locate in the commu- people know that the downsizing, that it takes to go after working families. nity for up to 5 years. We are pro- the rights they hope they had that Ms. MOORE. Reclaiming my time, viding, his special sessions bill pro- they don’t have have been bargained you know, I will tell you there are a vided at least $200 million worth of tax for, they will accept those rights in a couple of other myths I want to bust breaks at the same time we are reduc- way they would not if management before I turn to the gentlelady, the ing school aid by a billion dollars. came in and just pulled them himself. doctor, physician in our caucus, to talk I see that the gentlewoman from That is what Governor Walker is try- about Medicaid a little bit, because Washington D.C., also a very esteemed ing to do right now. that links in with this union-busting attorney, has come to join us here. We Ms. MOORE. You know, you have effort. You know, Congresswoman from are talking about the loss of the collec- made a very good point. If you going to Maryland, you talk about trying to pit tive bargaining agreements in Wis- downsize and if you are going to make private sector workers against public consin, something that has no fiscal those sacrifices, number one, our work- workers, I am happy to say that those impact, but that the governor insists ers have said we will negotiate that. unions in the private sector in Wis- must be a part of his budget. We will try to help our State. consin have stood firm with the public I yield to the gentlewoman from the But if you are going to downsize at sector employees. District of Columbia (Ms. NORTON). least you ought to think that you are I am happy to report to you that the Ms. NORTON. I am in solidarity with doing it for the public good. You don’t firefighters and the police, those the gentlewoman from Wisconsin and want to think that you are doing it so unions that were exempted from this with my friend from the Virgin Islands that could give $200 million in tax cuts collective bargaining fiasco, stand firm as well, those who have come down, so that you could privatize the nuclear with public employees. Why? Because and in special solidarity with the work- power plants in the State. You would they get it. They get it that the gains ers in Wisconsin, in Ohio, in Indiana, think that if you are going to pay 12.8 made by organized labor inure to all who are fighting for their collective percent of your own health care that workers. bargaining rights. Now, unlike the gen- that would mean that at least the Gov- In Wisconsin in the 19th century, tlewoman from Wisconsin, I don’t ernor was going to protect the most May 5, 1886, five people in my district, know whether paying 5.8 percent into vulnerable who are on Medicaid. in Bay View in Wisconsin, were killed, their retirement benefit is good or not, But I am sorry, it’s sad to be able to and four were wounded, attacked by or whether paying 12 percent of their share with you, Dr. CHRISTENSEN, that troops called on, sicced on them by the health care costs, I know it’s double or in his budget he is limiting a family then-Governor Jeremiah Rusk, fighting triple the amount. I don’t know about care program, it’s a Medicaid program for the 8-hour workday. any of that. to pay for in-home services for seniors Workers in unions have won the I do know that when you have health and people with disabilities, to only weekend, safety conditions in the care and retirement systems, there is those who are currently enrolled; all workplace. Workers have won these usually a quid pro quo. You take less the 2,000 people on the waiting list, no benefits, and they have inured to the pay. services. He is going to seek permission private sector. And those people who But I don’t know the answer to that. from the Federal Government to cut are in the private sector need to re- All I know is that in a democratic soci- eligibility standards, to cut off certain spect the sacrifice, the blood and the ety, where people have won collective categories of nonpregnant or non- tears. bargaining rights, those matters are disabled adults or lower eligibility, and You know, Wisconsin was a State bargained at the table. he is not a fan of Planned Parenthood. where the first workers comp law I am here to reinforce the importance He wants to cut off family planning passed, the first State to have unem- of collective bargaining rights that are services for men. ployment compensation. It was the now on the table of the country, begin- He is expecting—right now, they are birthplace of AFSCME. This has been a ning in Wisconsin, spreading rapidly forced to continue their maintenance progressive State. and, watch out, they could come, this effort, at least until July, when the en- We have 14 very brave State Senators insidious movement against collective hanced FMAP runs out. But he is again who have left the State so that they bargaining could even come to the Con- seeking those waivers so that he can would not have to vote on these draco- gress of the United States. We have to cut off categories of people. nian union provisions. And the gov- stop it in its tracks in the Midwest. Mrs. CHRISTENSEN. If I could just ernor has said that because they are In any free society, there are four or say for a moment it sounds very much leaving that there are going to be mas- five rights that everybody will cite, the like what’s happening here. sive layoffs and firings, and it will be right to free speech, the right to reli- As the gentlewoman has said and our their fault. gion and, guess what, the right to bar- other colleagues have said, this is not gain collectively. Once you have estab- just an issue for Wisconsin, Ohio, and b 1730 lished that the workers have elected a Indiana; this is an issue for our coun- Well, I just wanted to point one thing union, it is one of those fundamental try. And the same thing that’s being out. He revealed his budget just yester- rights. done in Wisconsin is what is being done day afternoon, and he has reduced I want to say to the gentlewoman here. State aid. He has reduced shared rev- from Wisconsin, if one of the devel- Tax giveaways to the wealthy and to enue to all of the counties, villages, oping countries that we always com- business while we cut health care pro- cities, and municipalities to the tune plain are not democratic enough, were grams, education programs, commu- of $6.9 million. He has reduced aid to to take away the collective bargaining nity, economic development programs schools, kindergarten through 12th rights of some of its workers, well, you for people across America who need grade and technical colleges, to the would have to fight people at the well them. tune of a billion dollars. in order to quell the stampede of people And that’s why we have decided So these local communities, school saying you have violated a funda- today, as a caucus, to come here and to districts, will have to lay off snow mental right of a free society. voice our support and to give encour- shovelers and teachers. Teachers will I have just come from a hearing on agement to the workers and to your find themselves in classrooms with, the Postal Service. It was amazing to legislators who have had to leave Wis- they predicted, as many as 60 kids in hear management and the private sec- consin to prevent these devastating them. tor say that the reason you have a post cuts that will further damage the They are cutting Medicaid in this office today and that it hasn’t gone health of—and I am sure your State is State, and I will get back to that later, down the drain is because the workers no different from other States, where because they are draconian cuts. across the table from management the poor people of color, women, are In the meantime, we are providing have helped them to manage the not getting the kind of health care $7.6 billion for roads. That’s local downsizing of the Postal Service. that they need.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.080 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1500 CONGRESSIONAL RECORD — HOUSE March 2, 2011 What we need is to make sure that jobs gone because of these cuts, gone in bers in their family. So the American the benefits that we passed last year in Wisconsin, gone from the Federal Gov- people get it. They don’t like what the Patient Protection and Affordable ernment, there is no way for us to re- they are seeing. Care Act are implemented in Wisconsin cover. We cannot kick workers to the Ms. NORTON. Will the gentlewoman and everywhere. What your governor is curb without having an effect on the yield? doing is going backwards instead of recovery itself. Mrs. CHRISTENSEN. Surely. forward. Watch out, Wisconsin. And particu- Ms. NORTON. This is very important Ms. MOORE. Backwards instead of larly I say to my Republican col- because it means that Americans un- forward, $900 million from our school leagues, watch out that you don’t bring derstand a fundamental right when system, $250 million in State aid for it here and don’t mess with collective they see one. And they are saying, and the University of Wisconsin system, bargaining of our Federal employees they know best of all, we’re willing to $71.6 million from the technical college the way you’re doing in Wisconsin. take these cuts, don’t go into people’s system, low-income children and fami- This is not Wisconsin. fundamental rights, in fact, don’t cut lies requiring women who receive Ms. MOORE. In January, our econ- as much as you were doing. TANF, temporary assistance, they are omy nationwide gained 36,000 jobs, Look, this majority rode into town cutting them by $20 a month, 3 percent hardly anything to brag about. But I on the promise of jobs. Where is the of the TANF check. can tell you this: this Wisconsin State jobs bill? Instead, they proceeded forth- Mrs. CHRISTENSEN. And the check budget fires 21,600 State employees with to cut jobs. They cut jobs first in is not that big to begin with. alone. And when you consider the cuts the health care bill. Now they are cut- Ms. MOORE. The check is small. to municipalities, cities, villages and ting hundreds of thousands of jobs on counties, there are thousands more b 1740 the floor with their own version of def- that are going to lose their jobs. So icit reduction. All we’re asking for is There is some talk of requiring them you talk about hurting the recovery, balance. to move from 28 hours of work a week how can you recover when people don’t The workers in Wisconsin are willing to 30 hours of work a week and reduc- have jobs to consume and those who do to take cuts. They said so. Look, we’ll ing the amount of child care that they have jobs find their income cut by 6 take your cuts, Governor. Don’t take can get. and 7 percent because of these away our collective bargaining. Every- Again, the theme for this budget, our givebacks in their pensions and for body is willing to share. The Governor Governor’s budget, is that Wisconsin is their health care? wants it all. Collective bargaining is open for business. Well, no State can be Not only that, they’re balancing the about sharing. They need collective open for business by slamming the budget on the backs of children and on bargaining to get a fair deal for all con- doors of educational opportunity and the backs of seniors, but they’re also cerned in Wisconsin. denying babies, poor people, and sen- penny wise and pound foolish. I live on And I compliment the gentlelady iors health care. It is more a case that a Great Lake. Twenty percent of the from Wisconsin for reinforcing her we’re selling our State to business in- Earth’s fresh water is in those Great workers and reinforcing what the gen- terests. Lakes. And what does this budget do? tlewoman from the Virgin Islands has I would yield to the gentlelady from It reduces the ‘‘burden’’ that munici- told you is the view of the majority of D.C. palities have in cleaning the water. It the American people. Ms. NORTON. I thank the gentlelady reduces standards for water cleanli- Ms. MOORE. I thank you so much, for yielding because I want to bring ness. It ends the recycling program. So gentlelady from the Virgin Islands, for this right home to what is happening it is penny wise and is probably going pulling this hour together. on the floor of this Congress as we to destroy the environment, reduce As my aunt used to always say, the speak. There is too little recognition of educational opportunity and reduce truth will set you free. And I hope that what you have indicated that when you health care to the most indigent and those who have watched this debate cut agencies, you strangle services. vulnerable in our population. will try to see through some of the par- That goes for the Federal sector as But we’re giving tax breaks to the tisan bickering that has gone on. well. And I think we have to be very wealthiest Wisconsinites to encourage Just to reinforce a few points that wary that this could come to the Fed- them to invest, 100 percent forgiveness we’ve made, the effort to take away eral sector. Federal workers have been of capital gains taxes, $7.6 billion for the ability for union members to not targeted. They’ve got a great big bull’s roads, and we are going to privatize the only collective bargain for themselves, eye on their backs. They are among the nuclear power plant. One of the great but when they win those rights, so- best educated workers in the United contributors to the Governor’s cam- called freeloaders, the people who are States. paign happens to be in the nuclear not in the union, benefit from those Bear in mind, I say to the gentlelady, power plant business. And we’re all gains. That has nothing to do with because this will particularly be impor- doing this in the name of balancing a budget issues. It has nothing to do with tant in your State, the deadly deficit budget. money. Those rights are things that commission warned that no cutting I hope that the people in Wisconsin have something to do with your condi- should be done in this year, 2011, small don’t fall for this trick. tions of employment, your ability to cuts perhaps in 2012 and no real pro- Mrs. CHRISTENSEN. I’m sure relate to your employer and to nego- grammatic cuts until 2013. And they they’re not because people across tiate with him on non-economic issues gave as a reason—this is the deficit America are not falling for it. The New as well economic issues. commission—they gave as a reason York Times/CBS did a poll. They This budget crisis is a creation of that you would strangle the recovery. showed that the majority of Ameri- this Governor. We started out with a It’s a fragile recovery. Mr. Bernanke cans—and I’m sure in the States that surplus budget in Wisconsin, and the spoke. I don’t know if anyone men- are facing these issues—oppose efforts first thing he did when he came into of- tioned that. to weaken collective bargaining rights fice was to provide at least $300 million Mrs. CHRISTENSEN. We haven’t of public employee unions and are in tax benefits to the very wealthiest mentioned it yet. against cutting the pay or benefits of and then declare that we now have an Ms. NORTON. Mr. Bernanke spoke. public workers to reduce State budget emergency. I’m not on that committee, but I heard deficits. They oppose weakening collec- I would yield back to the gentlelady what he said. He has said, as well, don’t tive bargaining by 60 percent, including for closing. harm the recovery. You don’t, in the large numbers, and not just Democrats midst of a bear recovery, start acting but independents, they oppose cutting b 1750 as though you had a full-fledged econ- pay and benefits. The majority of Mrs. CHRISTENSEN. So you did say omy. Everybody has been talking Americans, over 56 percent, oppose cut- that the emergency was sort of cre- about a double dip. They are going to ting pay and benefits. And most of ated? find out what a double dip is. If we had those who were surveyed are not union Ms. MOORE. Exactly. That is the what independent observers say, 700,000 members and don’t have union mem- same reason that the Governor, then-

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.081 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1501 county executive, lost his case by fir- governance leaves Zimbabweans vul- popular book, and it tended to further ing those 26 guards because he is cre- nerable to ongoing repression and pre- inflame the issue, the great question of ating, once again, the same pattern, sents a continuing threat to peace and the day. The question was slavery; creating a false emergency. security in the region and the foreign what would America do with that ques- Mrs. CHRISTENSEN. Do you see the policy of the United States. Politically tion. same thing happening here in this Con- motivated violence and intimidation, By 1857, the Supreme Court, deciding gress? and the undermining of the power-shar- to legislate from the bench, which has Ms. MOORE. Exactly. ing agreement by elements of the always turned out to be a bad idea and Mrs. CHRISTENSEN. Thank you. Zimbabwe African National Union-Pa- beyond their constitutional authority, I want to thank all of my colleagues triotic Front party, continue to be of came up with a decision that came for joining us this evening to talk grave concern. For these reasons, I from my State, the State of Missouri. about this issue. Again, this is not have determined that it is necessary to It was called the Dred Scott decision. about budgeting. It is about union continue this national emergency and It said essentially that black people busting, and it is the kind of policy to maintain in force the sanctions to were not people; they were property. that will not only hurt workers in the respond to this threat. But beyond that, it also said to the State and across the country, but it The United States welcomes the op- Congress and to the Senate that they only leads to stalled economic growth portunity to modify the targeted sanc- could not make any kinds of deals as to and the slashing of jobs. It is the kind tions regime when blocked persons which State would be slave or free be- of policy that hurts our Nation. demonstrate a clear commitment to re- cause each State could do whatever We want to make sure that our work- spect the rule of law, democracy, and they wanted. ers in Ohio and Wisconsin and Indiana human rights. The United States has And so the stage was set as the ten- and everywhere know that the Con- committed to continue its review of sions grew for Abraham Lincoln to be gressional Black Caucus stands with the targeted sanctions list for elected to be President. And as he was you. We want to let our country’s labor Zimbabwe to ensure it remains current on the train approaching the capital, leaders, the union leadership know and addresses the concerns for which it leaving Illinois, a number of Southern that we stand with them and support was created. We hope that events on States seceded from the Union. And al- them, and that we have the highest re- the ground will allow us to take addi- most as though in slow motion, a great spect and support for the Democratic tional action to recognize progress in locomotive drove off the edge of the legislators who have drawn the line Zimbabwe in the future. The goal of a cliff pulling the train with it, and and did what had to be done to stop the peaceful, democratic Zimbabwe re- America was immersed in a terrible, egregious attacks on the middle class mains foremost in our consideration of terrible Civil War. It was a war that and the poor. any action. was ultimately to claim 600,000 lives. f BARACK OBAMA. That is more than all the people who CONTINUATION OF THE NATIONAL THE WHITE HOUSE, March 2, 2011. are Americans who have been killed in EMERGENCY WITH RESPECT TO f all of the rest of the wars we have fought in our Nation’s history. Of ZIMBABWE—MESSAGE FROM THE CRISIS FACING AMERICA PRESIDENT OF THE UNITED course, a statistic like 600,000 may The SPEAKER pro tempore. Under STATES (H. DOC. NO. 112–12) seem to make your eyes glaze over, but the Speaker’s announced policy of Jan- then you start to hear the individual The SPEAKER pro tempore laid be- uary 5, 2011, the gentleman from Mis- and personal stories of people who were fore the House the following message souri (Mr. AKIN) is recognized for 60 horribly touched and families that from the President of the United minutes as the designee of the major- were destroyed by the horror of the States; which was read and, together ity leader. war, and you recall the words of the with the accompanying papers, referred Mr. AKIN. Mr. Speaker, it is a treat second inaugural address of Abraham to the Committee on Foreign Affairs to be able to join you tonight, my col- Lincoln and he talked about the fact and ordered to be printed: leagues and friends, and to talk about that the war had been far, far worse To the Congress of the United States: a great crisis that our Nation is facing. than anybody had ever imagined was Section 202(d) of the National Emer- It is becoming increasingly apparent to possible. gencies Act (50 U.S.C. 1622(d)) provides Americans not only that we have a That great tragedy, that terrible cost for the automatic termination of a na- problem with unemployment and jobs, that was paid by our Nation, was a re- tional emergency unless, prior to the but we have a problem with the Fed- sult of a failure of leadership, a failure anniversary date of its declaration, the eral budget and the deficit and the to deal with a massive fundamental President publishes in the Federal Reg- spending and the taxing—all of those question that everybody knew was ister and transmits to the Congress a things that go into an economy. there all through the 1850s—the ques- notice stating that the emergency is to These problems are far more signifi- tion of slavery. And the failure was not continue in effect beyond the anniver- cant than I think many Americans are just in the Congress, in the Senate, but sary date. In accordance with this pro- aware. I would like to talk about that it was in the people of the States for vision, I have sent to the Federal Reg- tonight and to keep it fairly simple, being too disengaged and unwilling to ister for publication the enclosed notice and to let people know, as President take that question head on. stating that the national emergency Reagan said, while the solution is sim- The parallel today, I think, is a little with respect to the actions and policies ple, it is not easy. It requires a great bit frighteningly similar. Today, just of certain members of the Government deal of courage. as there was in 1850, there is a gorilla of Zimbabwe and other persons to un- I am going to start tonight in per- in our tent, and that is the problem dermine Zimbabwe’s democratic proc- haps an odd way. I am going to ask with the Federal Government spending esses or institutions is to continue in you, please, to picture that you are ei- too much money. So what I want to do effect beyond March 6, 2011. ther a Senator or a Congressman in is put that in very simple terms not so The crisis constituted by the actions 1850 in America. In 1850, you would your eyes will glaze over, but so we get and policies of certain members of the have noted that there was increasing some sort of a sense of balance as to Government of Zimbabwe and other discussion as the new territories be- what is going on; because my propo- persons to undermine Zimbabwe’s came available, whether they would be sition is that we are spending too much democratic processes or institutions allowed to come into our Nation either money, the government is spending too has not been resolved. While some ad- as a free State or a slave State. It cre- much money, and it is unsustainable. vances have been made in Zimbabwe, ated a lot of political tension between Now, this is something that many particularly on economic stabilization, the different Representatives rep- thoughtful liberals, as well as conserv- since the signing of the power-sharing resenting different points of view on atives, agree is true. There is disagree- agreement, the absence of progress on that subject. ment as to what to do about it. But the the most fundamental reforms needed By 1852, the book ‘‘Uncle Tom’s numbers are the numbers. There is to ensure rule of law and democratic Cabin’’ was written. It became a very something about mathematics that is

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.083 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1502 CONGRESSIONAL RECORD — HOUSE March 2, 2011 that way. And that is what we are Commerce and Justice and Education, under Speaker PELOSI, there was just going to talk about: the simple view of all those different things. Those are no budget. None. And so what a lot of what the numbers are today and why. this non-defense. people see us dealing with now, and I This is a crisis that we must address. In other words, what I’m saying is think you’re getting to this point, and We cannot ignore the gorilla in the this. If you zero out defense, so there’s that is the fact that we’re doing what tent. This is something that all Ameri- not a soldier left, not a rifle, not a you do in the Federal Government cans must become aware of and must ship, not a plane left and zero out ev- when you don’t have a budget and it’s be participants in solving the problem. erything else in the Federal Govern- called a continuing resolution. I think As we do that, the jobs will return. ment, when you zero those out, you maybe you were going down that direc- America will hold her head high again; now have a balanced budget. Because tion. and almost, as a ship with a big wave entitlements and debt service are tak- I yield to my friend. breaking across the deck, the ship will ing every last penny we get in revenue. Mr. SCALISE. You’re exactly right, shake loose the water that threatens to That is a serious problem. because when we’re talking about push it to the bottom and lift its bow I am joined by a very good friend of where we are today, it’s important to in pride and sail further on. mine from Louisiana, a man who is look at how we got into this mess and So what I am going to do is just take growing in stature and feared, loved the mess that we’re trying to clean up, a look at some stuff that sometimes and respected, my good friend STEVE but the fact that historically last year politicians talk about in gobbledygook- SCALISE from the great State of Lou- Speaker PELOSI failed to even bring a speak and try to make it simple. isiana. budget to the floor when she was Please join us, STEVE. Speaker and so there was no budget b 1800 Mr. SCALISE. I thank my good that was passed. We have here a picture of all the friend from Missouri. When we talk What that means is, like I said, while things that the Federal Government is about feared and loved, I’m not sure families are putting together their own spending money on. It’s your old clas- where we fit in, but I do think it’s im- budgets and families and businesses are sic pie chart. And I have over here So- portant—— dealing with the problems in the econ- cial Security, Medicare and Medicaid. Mr. AKIN. The feared is because of omy and shortfalls and they’re cutting You can see that’s a pretty big piece of the people who want to whitewash back and doing more with less, the the chart. These things are called enti- what was going on with that big oil Congress didn’t even pass a budget. tlements by politicians. An entitle- spill and the fact that you got on it and And so under Speaker BOEHNER now as ment—I’m an unfortunate engineer told people the truth; and I respect we’ve got this new Republican major- that ended up in politics—is sort of that. Thank you, sir. ity here, we came up with a plan to like a little machine that’s created by Mr. SCALISE. Thank you. fund the government for the rest of the law. The machine might have been cre- That’s the beauty of the people’s year, but to fund it in a way that actu- ated 30 years ago and it’s a little bit House. I think what you’re doing, you ally started cutting spending. I think like the machine in the bathroom hold this weekly town hall forum, as one of the big problems that’s been out which you put your hand in front of it we call it, to talk to the American peo- there for a long time, things that you and it spits out paper towels, except ple about what really is happening here and I want to deal with, we want to cut this machine spits out dollar bills. The in the people’s House, in the Congress, spending and start putting our country entitlement is like a little machine. and how it affects people all across this back on a path to a balanced budget. It’s put on a track and off it goes spit- country. Of course, I had three town And so we had this debate 2 weeks ting out dollar bills. So anybody who hall meetings last week when I was ago in the House where we said, okay, qualifies gets money. These programs— back in my district, when Congress had we want to be responsible about fund- Social Security, Medicare, Medicaid—if finished dealing with one part of this ing government, but that means we’ve you qualify, you just get money. budget problem. got to start making real cuts. You There are other entitlements as well. I think when you talk about what’s can’t just keep spending at the rate In addition to other entitlements, wrong with the spending, how out of you’re spending with the deficits that there is something that acts an awful control spending is in Washington, we go along with it. We’ve got to start lot like an entitlement and that’s the had taken some action 2 weeks ago to cutting so that this pie that you interest on our debt. When we sell a say it’s finally time to start righting showed actually starts getting ad- Treasury bill, the person that bought it the ship. Speaker PELOSI had the reins dressed and shrunk in a way that the expects to be paid interest, and so the of the House of Representatives for 4 Federal spending starts getting closer Treasury bill acts like a little ma- years. Of course during that 4 years to matching the amount of revenue chine. It spits out dollar bills at the ap- that Speaker PELOSI was running the that’s coming in. propriate intervals. House, we saw unbridled runaway Mr. AKIN. If I could piggy-back in The point is that if you add these en- spending and record deficits, to the and jump to what you’re saying. titlements here, the other entitle- point where we now have a $1.5 trillion A couple of weeks ago, we had basi- ments, and you take the net interest deficit. cally a budget on the floor of the on our debt and you put that together, One thing that she left behind that House. But the budget, interestingly it comes up to $2.2 trillion. What does we’re dealing with is the fact that enough, is what’s called the discre- that mean, anyway? $2.2 trillion is big- Speaker PELOSI didn’t even bring a tionary side. So the budget was for this ger than I can understand, but we can budget to the House floor last year so green, the defense, and this—what is compare it to something else, and that there was not even a budget, when fam- that?—tomato soup. Maybe it’s Camp- is the revenue of the Federal Govern- ilies across this country had their own bell’s tomato soup. This is the non-de- ment. That is, when everybody in family budgets and families and small fense discretionary. So the budget only America pays their taxes, the money businesses are dealing with their crises dealt with this section and we were comes into Washington, D.C., that’s and shortfalls by cutting spending. making cuts to that section. our revenue. The revenue is $2.2 tril- Mr. AKIN. Let me interrupt for just a What, of course, you have to ask lion. So the entitlements and debt second, gentleman, because you’re yourself is, how about all this other service at $2.2 trillion is the same thing bringing up a whole lot of additional stuff? Of course, this wasn’t touched. as our revenue. facts and things. Let me try and put So proceed, please, because I think Well, what’s left over to pay for na- this in perspective. it’s a good story. People need to under- tional defense? And what’s left over to In 1974, we came up with a budget stand what we’re working on was the pay for the rest of the running of the act, and every year since 1974, there first thing we had to work on which government? This other non-defense was a budget here in this House. You was the fact there wasn’t any budget discretionary would be things like the might have liked it, you might not that we’re running on, and so we’re Congress and the Senate buildings, have liked it, but there was a budget, trying to put a budget together for be- would be the Federal prisons, the Fed- anyway, for what’s going to go on in tween now and October 1, if I recall, eral parks, Departments of Energy and terms of Federal spending. Last year, sir.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.085 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1503 Mr. SCALISE. And so finally, to ad- families and small businesses are say- EPA that feels like they can run red- dress the real problem in the country ing, it’s about time that we’re finally tape without Congress even passing a with this runaway spending, what we seeing real cuts coming out of Wash- bill, so they’re going to try and pass said under both Speaker BOEHNER and ington, but yet the President and the cap-and-tax and all these kinds of ri- then chairman of Appropriations Com- Senate leader that were saying $100 bil- diculous regulations that cost a whole mittee Hal Rogers is that we’ve got to lion is too much to cut. And so we’ve lot of money. It’s not like a tax, but it stop the bleeding. We’ve got to start sent them $100 billion, but what’s at ends up costing people business. cutting spending. And we brought a bill stake here, it’s not just getting spend- One of those very interesting actions to the floor that allowed for $100 billion ing under control, it’s getting jobs cre- on the part of the EPA, just to illus- in cuts. That’s billion with a B. Real ated again in America. trate redtape, is the idea of requiring cuts to spending at the Federal level to b 1810 cleanup in case you spill milk. Usually, finally start that process. By no means on farms, the cats lick up the milk. is this the finished product, but it was One of the reasons we are seeing such We have with us a genuine hero in the first start of the process of finally stagnant job growth in this country is the U.S. Congress, Congresswoman due to the uncertainty that is created getting spending under control. BLACK from Tennessee, who won a cov- That bill came to the floor. We had a by the runaway spending. These are eted award just earlier this day. It’s lot of debate. An open process. Any interlinked issues—the spending prob- the Golden Turkey Award. It’s for the lem in Washington and the problem Member could bring an amendment to silliest, dumbest regulation that you with the slow economic recovery—be- that bill. I brought an amendment to could find. Now, I know the competi- cause people are afraid to create jobs. get rid of a bunch of these czars, these tion is going to be fierce in this cat- Our job creators are under attack by czars that are killing jobs in our coun- egory, but Congresswoman BLACK won Federal bureaucrats, who are bringing try, that are getting paid millions of it by plenty of extra as she got her out all these regulations every single dollars to go out there and try to im- award. We’re going to recognize her to- plement radical policies that run jobs day to kill jobs. We are seeing in my home State, in night for this award that she got, to China and India and other places. south Louisiana, where the administra- which ties right into our subject of That amendment passed. A lot of good tion doesn’t even want to explore for jobs, and that is: If you want to kill amendments passed to cut spending, energy in America. They’ve only issued jobs, raise taxes on business owners, but ultimately we set a new tone. We one permit in 10 months to drill. In and bury them in redtape. said, number one, we’re going to put fact, now we’re looking at the Middle Congresswoman BLACK from Ten- our money where our mouth is. We East. We’re putting more dependence nessee. promised that if we get the reins of in this country on Middle Eastern oil, Mrs. BLACK. Thank you. I am so power in the House, that we would ac- under the Obama administration, at a honored to unveil this new initiative tually really start cutting spending. So time when the Middle East has never from our Republican Study Committee. we cut $100 billion. We sent that to the been in more disarray, which is why This right here is the Golden Turkey Senate. And we’re almost at 2 weeks people are seeing over $3.20 or so a gal- Award. Each month, the RSC will be past the point where we sent that bill lon at the pump. It’s because of the bestowing this dubious award to high- over to the Senate. They still haven’t President’s own policies. This is killing light the most absurd, the most ridicu- had one ounce, one minute, of hearings jobs. It’s not only running more jobs lous and obscure regulation that tax- or debate on our bill that we sent to overseas, but it’s also raising the prices payers foot the bill to enforce and have them to cut $100 billion in spending. of energy and gasoline for families. to live by. This month’s Golden Turkey Mr. AKIN. Why do you think it was Mr. AKIN. You’re getting this down Award goes to a regulation that I have that they didn’t want to take a look at to the place where we really need to be been talking about in my district and the bill? They could have brought a bill talking this evening, and that’s about here also in Congress for the past up the same way. They could have gone jobs, because Americans are wanting to month. The March 2011 Golden Turkey through it and said, Well, we don’t know: Hey, where are the jobs? So let’s Award goes to the Environmental Pro- think they should have cut this much. take this thing straight head on. tection Agency. They should have done this or this or The fact of the matter is, first of all, Mr. AKIN. The EPA. this. They could have made changes on if you allow this monkey business to go Mrs. BLACK. The EPA. The EPA re- it and gone back and forth, and then we on here, this is just silly. There is no cently discovered that milk contains would have a budget for between now way you can excuse kicking the can fat. Can you believe that? It’s also con- and October 1 and we could get on with down the street and ignoring this huge sidered an oil. So what did the EPA do? what should be done this year instead problem, and this huge problem really It decided to regulate milk spills. of what should have been done last fall, is connected to jobs. Specifically, there Well, the EPA is currently devel- or actually last year before the fall. are things you do to kill jobs. We had oping a rule that will subject dairy Proceed, please. a forum back in my district of St. farmers to the Spill Prevention, Con- Mr. SCALISE. I think it became very Charles, Missouri. We had a whole trol, and Countermeasure Program— clear very quickly just what is at stake bunch of businessmen come in, and we that’s sort of a long name—which was here. There was a battle line that was asked them: What do you have to do to created for oil contamination in water- drawn. In fact, as we were debating create jobs, and what do you have to do ways, and now they’re applying it to that bill to cut $100 billion and, as I to kill jobs? The thing that you do to dairy farmers. So, when Nellie kicks said, with a $1.5 trillion deficit this kill jobs is exactly what we’re doing. over the bucket, our farmers will have year, $100 billion is just a start. Well, So what are those things? to build berms around the area where President Obama comes out and actu- First of all, we’re going to tax the they milk. They will have to have an ally starts criticizing us for cutting owners of businesses—that’s the first emergency responder’s plan so, in case $100 billion. He said $100 billion is too thing—because if you tax the owners of milk is spilled, all of their employees much. Senate majority leader, HARRY businesses, they can’t expand their will be trained in the containment of REID, said $100 billion is too much to businesses, and they can’t invest in this spilled milk. cut. Again, we’re saying $100 billion is their businesses, so the businesses just Mr. AKIN. Now, if you had some cats just the beginning. We’ve got to cut sit there. In fact, as you tax them around in a cage and could open the more than $100 billion. And so you more, they take money out of the busi- cage, do you think that would work or quickly saw a divide. There is a divide nesses to pay the taxes, and they start do you think the EPA is going to want right now in Washington. I don’t think laying people off because they can’t something more expensive than that? there’s a divide in this country. I think run their businesses. So the first thing Mrs. BLACK. That’s an excellent most people, people I talk to when I go is: If you want to kill jobs, raise the question because, when I talked to the back home to south Louisiana, my col- taxes on the people who own busi- dairy farmers back in my district and leagues that I talk to that are going nesses. when I told them about this great idea back home and having town hall meet- The second thing you do is bury the the EPA has for them, one of my farm- ings, meeting with their constituents, business in redtape. Now, we’ve got an ers told me he already has this plan in

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.087 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1504 CONGRESSIONAL RECORD — HOUSE March 2, 2011 place. When asked, he said he has a government, and that’s what we’ve tunity to look at some things that are barn with about 15 stray cats, and he’s been doing these last number of coming up right now that are being going to open the doors and yell, months. proposed as workplace safety stand- ‘‘Here, kitty, kitty,’’ and that will take The point of the matter is, when you ards. And this goes into cost issues care of the emergency spill. start cutting a lot of this government that are huge regulatory costs, but also Mr. AKIN. How many millions of dol- trash, you’re going to create jobs in a costs that ultimately reduce jobs and lars do you think it’s going to take to couple of ways. The first thing is: You opportunity. One such regulatory issue get this tremendous hazard of spilled don’t put us in debt so much, but you is related to the noise regulation being milk under control? I’m glad that our start cutting that redtape, which is proposed by OSHA. Now fortunately Federal Government is really dealing overhead that our businesspeople have; that has been pulled for the time being. with tough issues like this. and if they’re not having to pay for all It was pulled a couple days after we in- Mrs. BLACK. It’s good that you that overhead, they can hire people and troduced the fact that we’re going to asked, because the rule requires that get the economy going. hold hearings on it, continue to hold these emergency protocols be in place Hats off to Congresswoman BLACK hearings. We found out in the process by November 10 of this year. The U.S. from Tennessee for winning this pres- that noise standards—and all of us here Department of Agriculture has already tigious Golden Turkey Award. Actu- would say that a worker ought to be initiated a $3 million pilot program ally, I suppose the one who technically safe, reasonably speaking, in their through the Natural Resources Con- won it was the EPA; is that right? workplace. servation Service to help the farmers Mrs. BLACK. That’s right. The EPA I worked at U.S. Steel South Works and the ranchers comply with the on- has won. shortly after high school, worked in farm oil spill regulation. So already we Mr. AKIN. Isn’t there actually like a the furnace division. I worked on a see $3 million that’s going to be wasted bowling trophy with a big golden tur- mole platform. I worked in a hooker shaft, which was lifting and holding pig in just getting the farmers up to speed key on the top of it or something? iron and a number of other things. And on how they have to do these plans. Mrs. BLACK. You’re so right, and it’s When I was in my district last week proudly displayed on my desk. It is a I had reasonable expectation to be safe, including using hearing protection that and spoke to people about this, they trophy that stands about 12-inches involved either earmuffs or earplugs. were absolutely speechless. It has been high, and it is golden and has a golden What this new standard would have retold to me by many of the businesses in turkey on the top of it. I’m challenging quired would not have been simply put- my district that what they really want all of my colleagues to find places that ting earplugs into employees that is just for the government to get out of we’re having overregulation, killing our businesses, stifling the growth of would meet the standard, or earmuffs, their way, to let them do their jobs, to but would require businesses to pur- stop overtaxing them, and to stop over- our economy, and stifling job growth. Mr. AKIN. Who says we can’t have chase machines that weren’t only regulating them so that they can actu- fun in cutting the wasteful spending guarded or shrouded safely for hearing ally grow their businesses. They have out of the government and at least do protection, but machines that would be the capital to do so, and if we would it with a little twinkle in our eyes? reduced in the noise standard to a just leave them alone, they could grow It is noteworthy that a freshman point that, as we looked at it more their businesses. Congresswoman could walk away with carefully, most likely weren’t even ma- So that’s why the inaugural Golden this kind of a prize. Certainly, there chines made yet. They hadn’t been pro- Turkey Award is being presented to the will be competition to have that Gold- duced. So we’re talking about busi- EPA and to its proposed overregulation en Turkey passed around. nesses that want to employ people that of dairy farmers with spilled milk. I increase the economy—because you am going to work as hard as I possibly b 1820 and I both know that the economy is can to make sure that this does not get I appreciate you joining us tonight. produced in the private sector, not in initiated and that our farmers will be We have some other distinguished the public sector, that the private sec- freed from this onerous regulation. guests. My good friend, Congressman tor entrepreneur, the taker of risk, Mr. AKIN. I have to wonder, particu- WALBERG, I’m going to ask if you’d like produces an idea, comes up with it, ul- larly of the people out in my State of to join us. We’re talking a little bit, timately hires employees to carry out Missouri, what they’ll be thinking first of all, a big picture about how the job, and then we put reasonable when they find out that $3 million of much money there is in the entitle- regulations to make sure that those their money is being used to come up ments, the trouble with trying to bal- employees are safe, that the hearing is with a program to take care of spilled ance a budget. And also we’ve talked protected as well. But we don’t say to milk. about jobs and how much jobs relate to the employer you must buy a machine I don’t know how you found this a government that’s out of control, has that isn’t even produced yet, that isn’t treasure out. I heard there was another forgotten they’re supposed to be serv- made yet in order to protect— one that was similar. I think it was an ants and are just running mad, making Mr. AKIN. You know, I really appre- EPA requirement that you couldn’t redtape, which again is excess overhead ciate your example. And that’s the have rogue dust. So, if you’re a farmer, for the businesses and kills jobs. But trouble with these things. It’s not that you can’t farm with rogue dust, which please join us with your unique per- maybe there shouldn’t be some work- is dust that comes off your property spective. place safety rules, but these things and goes over onto somebody else’s Mr. WALBERG. Well, I appreciate have just gone beyond the realm of property. my colleague from Missouri. I appre- what even makes sense. It makes me think that whoever is ciate you holding this time this I have even greater respect for you writing these regulations lives in one evening as we can talk about those now. I also worked in a steel mill. And of these office buildings downtown things that impact our whole way of the noisy place at our steel mill was here. If there happens to be anybody life in the United States. the pipe shop where they’re loading the who is working on the rogue dust pro- We, I’m sure, understand here on the pipe. And you take a whole big bundle gram, I’m sure that’s another $3 mil- floor this evening the impact of what of pipe and drop it or hit it against lion wonder—or maybe worse—just to our Framers and Founders had in mind something, and boy does it make a go out on a combine in the good old of a limited government, a government racket. So they always had ear protec- State of Missouri and just run down a that believed very clearly that free tion and things in the pipe mill there. couple of rows of corn and see what people, with the opportunity to be cre- And certainly businesses know that happens when that old, dusty corn hits ative and use the resources that they that’s necessary to do that. But when the combine and how they’re supposed have, could indeed make a life that was you start loading that kind of extreme to keep all that dust right over their filled with happiness in their pursuit redtape and regulations on a business, own properties. So that’s another one that involved property and all that the business has to use their money to of these examples. went with it. pay for all that, and they can’t hire I think Ronald Reagan talked about As the subcommittee chairman for employees. So taxes, redtape, those are the fact that we’re buying too much Workforce Protection, I had the oppor- job killers.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.088 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1505 As I recall, I think there was a gen- insanity. Because here’s what my Do the math. You’re talking 3,000-plus tleman last week that shared, some- thinking would be: You’re saying that jobs. body that had a drycleaning facility, we’ve got all this unrest in the Middle Mr. AKIN. The very jobs that we and they found something like a spoon- East, which threatens the oil produc- should be encouraging because we’re so ful of some water underneath a con- tion there, which increases the cost of dependent on foreign oil. crete slab that had a small amount of Middle Eastern oil. So we pay even Mr. BOUSTANY. These are private- cleaning fluid—I guess carbon tetra- more to countries that don’t like us sector jobs. They’re good-paying jobs, chloride—in the water or something. and use the money for advancing ter- and they help promote U.S. energy se- They had to do like a $60,000 remedi- rorist kinds of causes—— curity. It’s critical. ation, which for a simple dry cleaner Mr. BOUSTANY. That’s exactly So what we have is an administration just about took every penny that the right. that is proposing policies counter to owners had out of their bank, because Mr. AKIN. And we have oil right what American interests are with re- of one teaspoonful of some water that under our feet and we’re saying no, you gard to our energy security, and I had a little bit of the cleaning fluid can’t drill for that stuff. And gasoline would submit to you it hurts our na- they use on people’s clothes. And that’s is $3-something a gallon, and we’re not tional security as well. what we’re talking about. This is just even drilling for the silly oil that we’ve And I’m really worried about the sit- bizarre kinds of stuff. got. uation in the country of Oman, for in- We have Dr. BOUSTANY from Lou- Now let me add one thing that gets stance. It’s right across the Strait of isiana here, and I think he was going to me even more fired up, and that is, you Hormuz from Iran. That strait is very share with us for a minute. And Con- go north, north of Louisiana where it’s narrow. Forty percent of the world’s gressman WALBERG, we’ll come back to cold—we’re talking out in the ocean oil crosses through that strait, and if it you. Congressman WALBERG is from outside Alaska. You’ve got foreign were to shut down because of unrest in Michigan and a great Member of the countries that are drilling on what is Oman and Iranian mischief, we would caucus. And doctor, please. basically our coastal plain and they’re see oil prices spike up to $400 a barrel, Mr. BOUSTANY. I thank my friend drilling for oil. And here we are paying and we’ll pay a lot at the pump. from Missouri for giving me time to $3-something, and we’re not drilling for It will hurt our farmers. Rice farmers speak here. any of this stuff. I mean, isn’t this back home are trying to export rice As we talk about American competi- weird? and grow rice for domestic consump- tiveness and growing jobs, private sec- Mr. BOUSTANY. We have basically tion. It will hurt our chemical manu- tor jobs in this country, coming off the shut down our production in the Gulf of facturing. heels of this recession where we still Mexico, and it’s a boneheaded policy to And speaking of the natural gas have high unemployment, there are do that. But not only that, the admin- piece—— two aspects to it: One is cutting back istration in its budget proposal is now Mr. AKIN. Maybe I could just stop. I on government spending, as you’ve al- proposing nearly $50 billion in new want to hit you with a ‘‘gee-whiz’’ sta- ready suggested with the pie chart you taxes on small, independent oil- and tistic because I’m kind of an old geezer. have there. We have to get our debt gas-producing companies. Now that’s I’ve been here for a while, and I’ve under control. This is imperative be- going to put a lot of these guys out of watched voting patterns, and here’s cause it’s going to strangle private in- business; they can’t cash flow. And something that might be interesting to vestment in the form of higher taxes they do a lot of the work on the Conti- you. And I tell this to some of my con- on the American people. nental Shelf in shallow water areas, stituents back home. But the other side of this is the and also our onshore production in oil If I were to say that the Republicans growth side of the equation, stimu- and gas. And there’s a distinction be- and Democrats in the House are di- lating economic growth. And if you tween oil and gas—— vided on the abortion issue, people look at how to do that, we want eco- Mr. AKIN. So here we are again. Be- would go, Well, no big surprise. What I nomic growth in the private sector cause I started just a little while ago, think’s interesting is if you look back which will help spur job growth. The we talked about if you want to kill over the years, at least the 10 years way we have to do that is we have to jobs, first of all tax small businesses, I’ve been here, the two parties are look at an energy strategy for the tax them so much they can’t run their more divided on developing American United States because so much of what business, or at least chase people out of energy than they are on the abortion we do depends on cheap, affordable en- them so there goes the jobs. The second subject. And I find that just amazing to ergy to fuel our plants, our factories, thing you do is bury them in redtape. me because it seems so obvious that transportation, you name it. So it’s Now we’re coming back to what you’re we’re still using gasoline in cars. Until critical that we have an energy strat- saying—the very people we should we get away from that, we need to be egy for the country, which we don’t want to be working and drilling for oil trying to produce our own gasoline. have, and we never have had one. In for us, we’re going to tax them out of We have very large reserves of oil fact, what you’re seeing now, instead of existence. Isn’t that ridiculous? that we could be drilling. And my un- the lack of an energy strategy, we’re Mr. BOUSTANY. It’s ridiculous. And derstanding is on many, many of those actually seeing energy proposals that these taxes are indiscriminate; they hit locations where we could drill and hope are detrimental to the country that are oil companies, those drilling for oil, to find oil, there are environmental being proposed by this administration. but also natural gas. lawsuits blocking drilling in all of Let me list what’s going on. these different locations where we First of all, the moratorium on drill- b 1830 could legally drill—not mentioning ing for American energy in the Gulf of And there are many—even our ANWR, which is off bounds to us right Mexico has been in place since May. friends on the other side of the aisle now—and now the regulations in the This is killing jobs back home in Lou- will admit that natural gas usage is a gulf which, again, I don’t have any isiana, along the gulf coast, but it’s very important transition strategy as problem with people wanting to say, also hurting our energy security in this we look at our energy needs going into hey, we need to see what went wrong country. As we lose these jobs—these the future whether for transportation with the oil spill. How do we make sure are highly skilled workers, as they fuel, electricity generation. Those that we get a very deep high-pressure leave this industry and go find other taxes proposed by the administration situation, that we’ve got the proper de- jobs and move, you cannot turn that will put a lot of these gas companies vices to stop that up if we need to. But light switch back on and get that kind out of business. And keep in mind, 97 just to basically shut down and then of skill back on these platforms. That’s percent of the natural gas used in this tax everybody, this is just bizarre. number one. country is produced here in this coun- Mr. BOUSTANY. Well, it is bizarre. Mr. AKIN. Now wait just a minute. try by these small companies. And again, Americans want to com- Just on the surface of what you’re say- A given rig will employ 65 people on pete. And we know, if given the oppor- ing, if somebody were really to listen one rig. So, if a company that has— tunity to compete, we can win in the to what you’re saying, it sounds like let’s say they have to cut back 50 rigs. global economy. And we’ve got to have

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.090 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1506 CONGRESSIONAL RECORD — HOUSE March 2, 2011 energy production in this country to what happens with taxes and how it is cause they’re doing everything wrong allow our companies to compete. that we can deal with some of the to it. Now, let me point out something. tough problems budgetwise here, and Mr. WALBERG. Everything wrong. One of the biggest areas of exports for at least one piece of that is the proper Everything to destroy it. the United States is chemicals, petro- tax policy. Mr. AKIN. And the main thing that’s chemicals and other chemicals, fer- Mr. WALBERG. I appreciate my good wrong is, as Ronald Reagan said, we’re tilizer, that are produced here, manu- friend from Missouri again holding this buying too much government. factured here in the United States. conversation tonight. Mr. WALBERG. Right. Mr. AKIN. Manufactured with? And I think you’re leading into the Mr. AKIN. Please, go ahead. Mr. BOUSTANY. Natural gas and pe- key point here. Because bottom line, Mr. WALBERG. I assumed I would troleum products. when you talk about entitlement get you into a rant on that because I And if you shut down our natural gas spending, those entitlement programs know you’re passionate about that. It’s production, then our companies, which that we’ve come to expect in the absolutely true. I can show you from experience in have a price—on a basis of price, we United States, whether it be Medicaid, Michigan as we went through this type can compete because we have cheap Medicare, Social Security—and most of of downturn back in the 1980s: too- natural gas here in this country com- us, at least in this room tonight, have large government, increased taxation, pared to around the world. Our compa- paid into Social Security a long time. increased spending for all sorts of pro- nies are competitive. Mr. AKIN. Now, let’s not get personal grams. Mr. AKIN. Now, you haven’t even about age here now. mentioned the massive new supplies of Mr. WALBERG. It’s not a voluntary b 1840 natural gas they’re finding, particu- tax. And in just a couple of short years, We ran businesses out of the State. larly under Pennsylvania. That’s an in- I will be capable of receiving that my- We turned that around in the nineties, credible find. self. I’ve not had a choice to do that. and we cut taxes 26 times. We right- Mr. BOUSTANY. Yes. And yet the only way that we can see sized government. We put Workfare We know we have the world’s largest those entitlement programs continue, and Edufare in in place of welfare. We reserves in coal. We have potentially at least if we did it right, is have an encouraged businesses to thrive and the largest reserves in the world in economy that’s growing, have people grow. What happened? By reducing natural gas here in the United States. that are employed, that are paying taxes, cutting spending, the economy And some argue that the estimates of into the entitlement programs, the grew. More revenue came in, and then oil are vastly underestimated because taxes that are there. Even if we don’t government had to control itself from of two things: one, the shale oil that’s talk about any alternative way for spending those revenues from less available that currently is off limits younger employees coming down the taxes, but still increased revenue be- because of administration policy and road in the future, we still have to cause people were working, they were environmental policies; and, secondly, have the ability to put dollars in. That spending, they were saving, they were on the east coast and west coast, Outer comes from having a job. investing, they were taking care of Continental Shelf area, we don’t have So when we go back to what Dr. themselves. accurate seismic information. So when BOUSTANY was talking about on the Lo and behold, the American people they say we only have 3 percent of the issue of energy, when we talk about the with their own intellect, their own in- world’s reserves, that’s an inaccurate regulatory concerns that I expressed telligence, their own creativity began figure. That’s not been thoroughly that are destroying jobs, I go back to to grow an economy that made things looked at with modern seismic activ- my own home State of Michigan, my right for themselves. And then they ity. own district, Seventh District. Michi- had choice. They had opportunity. But our companies that manufacture gan, who led the Nation for 4 straight They could be creative. They could these chemicals and fertilizer have a years on unemployment. A State that build new machines. They could build competitive advantage because of the was known for its manufacturing, its machines that met the noise standards low price of natural gas in this coun- auto industry, always having jobs, high that were presently available, as op- try. If we tax it, as this administration standard of living. posed to saying we’re going to create is proposing, it will actually make us And yet, as a result of government jobs by saying you can’t have this less competitive. Our exports will go growing too large, too strong, too in- noise standard here and you can’t take down, and it will be counter to what trusive, and spending too much and care of it with an ear plug or an ear the President wants to do by expanding taxing too much, we’ve destroyed the muff; you are going to have to produce exports. It makes no sense whatsoever. economy in Michigan. And now the a machine that isn’t there. So look Mr. AKIN. Well, I think what you’re new administration comes in and has what we’re doing. getting into, Doctor, is something that to go through almost insurmountable And my good colleague, I have a let- I wanted to talk to a little bit tonight. odds to try to restore an economy that ter from OSHA that says that was part And that is the assumption that you has jobs so they can pay in to this. of an economic development plan, to can just go taxing and taxing and al- Mr. AKIN. Let me just ask you encourage the development of new ma- ways talk about the rich guy and, oh, whether this gets under your skin, be- chines that would meet these noise we’re going to talk about the rich guy cause I’m on the Budget Committee. standards so that then you would have and think you can get away with that But I hear all the time that my Demo- new jobs. Well, wait a second. The peo- without consequences. crat colleagues are saying the recovery ple that would produce those, and more Because it seems to me that there is is fragile; therefore, don’t you go cut- importantly the people that would buy a disconnect with the current adminis- ting any of this government spending. those machines, could not do that be- tration and the Democrats as well And I’m just thinking, wow. I totally cause they couldn’t afford it. So here’s policywise because they talk about the don’t see it that way at all. Big Government again with its own fact they want jobs, but then they de- When you have a government that’s ideas that ultimately destroys an econ- stroy the companies that create the busy spending money trying to regu- omy. jobs. And you can’t kill the company if late a milk spill in a barn, you have a Mr. AKIN. Let’s take a look at you you want jobs because the company is government that’s wanting to talk just talked about an example from the the one that hires people. And they about rogue dust that comes off of a great State of Michigan. And just hear- seem to miss that connection there. farm when you’re basically running a ing you talk about it just made me feel I’d like to go back to my good friend combine through a row of corn, and good. It’s America on the move again. from Michigan—I had to check to make you’ve got a government with duplica- It’s individual citizens taking risks, sure, Congressman WALBERG—and I tion after duplication—and we’re talk- going out there working hard, making wanted to give you a chance to jump in ing about let’s cut just some of the a good living; and then because of the to our discussion. edge of this stuff—and they’re saying, things they’ve done, other people get But I’d like to start going—talk a lit- careful, don’t destroy a fragile econ- better jobs and they make a better liv- tle bit in the direction about taxes, omy, hey, the economy is fragile being, and everybody does better.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.092 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1507 I mean, you cannot ignore the fact Mr. AKIN. The tax cuts, yeah. we’ve got to cut taxes, but we tremen- that the standard of living that we Mr. WALBERG. It gave incentive. dously have to cut the overhead. And enjoy in America is because a whole lot Mr. AKIN. So the tax cuts go into ef- the thing here, and I think the public of people could be free, free to succeed fect same place here, this line, this is is becoming aware of this fact, we can’t or free to fail. the GDP, this is actually losing GDP or make it by cutting defense and non-de- Mr. WALBERG. Right. gaining; you can see the average here fense discretionary. That was the budg- Mr. AKIN. But it’s called free enter- is about 1.1 percent; but after those tax et we were doing 2 weeks ago on the prise. Now, let me give you another ex- cuts, it jumps to 3.5. You can see these floor. We cut $100 billion out of that. If ample that occurred when I was a Con- are a lot stronger economy. So the you know what the real problem is, as gressman here, and I think the begin- economy seems to do better when you we talked about earlier, the total of ning of when you were, and that was allow business people to take the these entitlements plus debt service is that the second Bush, G.W. Bush, cop- money, put it in their business, create $2.2 trillion. The Federal revenue is $2.2 ied the example of JFK and Ronald jobs. There is more people working, trillion. You can zero this and this out, Reagan. And both of those Presidents more tax revenue comes in. and you just barely have a balanced understood that when the government Well, wait a minute. You cut taxes, budget; and that’s not talking about cuts taxes in the right way, it actually that means your revenue’s going to go the out-years, when it gets worse. gets the economy going. In fact, what down? Well, let’s see what happened to So these areas must be dealt with. happens when you cut taxes the right revenue. Here’s the story. Here’s the Now, supposedly if you talk about way, the government actually gets tax cut right here. The revenue has changing anything with Social Secu- more revenue. been going down. They cut the taxes, rity, Medicare, or Medicaid, lightning Now, that sounds weird. Let me just and 4 straight years of increase in rev- will fall and you’ll be struck dead po- enue. So what’s happening there is that try and explain. I have done this a cou- litically. But the fact of the matter is actually if you do the right kind of tax ple times before, but tell me if you we must deal with these. How we deal cut, just as you say you get the free en- think it makes sense. How is it that with them is one of those things that terprise system working, and you can the government can cut taxes and get we need to have a conversation on it. turn the economy around. JFK under- more revenue in? Well, think about it. But to do what the President did and stood that. He did it. It worked for Let’s say you’re king for a whole year. submit the 2012 budget and not deal him. Ronald Reagan did it. They said, And the only thing you can tax is a with these at all is being disingenuous. oh, trickle down economics and all this loaf of bread, and so you start thinking It’s kicking the can down the road and if I put a penny tax on that loaf of kind of stuff, but it worked. In fact, here is another chart. This is ignoring this massive problem, which bread, I can figure out how much bread the tax rate on the most wealthy peo- is a little bit like that gorilla in the people are eating and figure out how ple. This is this red line. It started at tent. much to get for tax revenue. Then you 90 percent; it’s come down. You notice I started, my dear friend from Michi- think, hey, how about I put $10 tax on as the tax on the wealthy people comes gan, I started by talking about—and every loaf of bread. Then you think down, the amount of Federal revenues it’s sort of sometimes I think about maybe people wouldn’t buy any bread. goes up. Now, that’s weird. Why would this: What would it be like to be in the So you start to think there is probably that be? It’s the same principle. You year 1850 and be a Congressman or Sen- an optimum point where you can put can overtax and basically run the econ- ator and you have this huge issue of some tax on the bread, people will still omy into the dirt. slavery and we didn’t deal with it? We be eating bread, but you will get your Mr. WALBERG. Isn’t it the simple just ignored it, and then we got most revenue. That’s what goes on. principle that what you give incentive slammed by the Civil War. Here is an example. May of 2003, were you get more of, and what you discour- And my question is, are we as Ameri- you here then, Congressman? age you get less of? cans going to deal with the fact that Mr. WALBERG. I was not. Mr. AKIN. Yeah, you are absolutely our entitlements and debt service is Mr. AKIN. Okay. You were thinking right. using up the entire revenue of the about it, though, perhaps. Mr. WALBERG. You give incentive country? I mean, that’s not just a little Mr. WALBERG. I was thinking about to people to use their own resources bit of a budget problem; that says we it. with American exceptionalism and let have a fiscal crisis on our hands and Mr. AKIN. Good for you. Anyway, the market forces work, everybody we’re responsible. And our American May of 2003 we cut three taxes, not benefits. citizens that elected us here expect us popular, because everybody, oh, the Mr. AKIN. And we started out to- to deal with this problem. And the first Democrats, that’s all rich-guy stuff. It night talking about the overall fiscal way to deal with it is to at least ac- was capital gains, dividends, and death problem we have in America, and the knowledge that we got the problem. tax. Now, I don’t know if you’re a rich fact that it’s really unique. This is a Mr. WALBERG. And I believe that guy if you’re dead, but anyway we’re pretty scary situation that America’s more and more people, even those that going to tax death. We tax everything in. And the solution, as Ronald Reagan are using the entitlements, the Social else, so why not that. said, the solution is simple, but it’s not Security, Medicare, understand that So we cut capital gains, dividends, easy. And the solution really comes in and are growing in their fear that un- and death taxes at this time right here. two sides. The first is we have to be less we do something, they indeed will Now, I have got three charts that show cutting all of what the government is be hurt. But I think that you and I to- what happened. This is job creation be- spending. We have to do some cuts. But gether, and many who are of like mind, fore and after the tax relief. This is on the other hand, what we have to do understand that we must do some- some of the taxes we extended into this is to selectively do the tax cuts to thing, but we can do something that’s year. Okay. The lines that go down are allow the economy to really get back better. job loss by month and the lines that go in a strong recovery. 1850 up are job gain. The one thing I agree with that the b And so what you have right here is Democrats are saying is that the recov- We can do something that assures that’s the tax relief goes into effect. ery is fragile. I think they picked that people that they will have what they And take a look at the jobs, the more up from Bernanke, the Secretary. But I expect. lines coming up over here. I mean, think it is. I think it’s fragile because Mr. AKIN. That’s exactly the point. that’s really pretty substantial and of the fact we’ve still got the problem Mr. WALBERG. And we can do it the pretty interesting, whereas these you of excessive taxes, excessive red tape, right way without the Big Government are losing. So this tax appears to have and a whole lot of uncertainty in the issues and getting down to that Amer- had a good effect. Let’s check it on not markets. ican exceptionalism that says we can just job creation, let’s check it Mr. WALBERG. And a lot of spend- trust people to do for themselves, if against—— ing. given the incentive and opportunity, Mr. WALBERG. You meant the tax Mr. AKIN. If we can do those, that’s better than what Big Government can cuts, the tax relief. going to help. So the first thing is do.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.094 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1508 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Mr. AKIN. You see the point of the us to target the most expensive dis- Nation, a very, very different category, matter is is there are people who are eases, things like diabetes or Alz- the debate, led by Democrats and led dependent upon these programs, older heimer’s, things that are very, very by Republicans in the Congress of the people. They are going to be in trouble big-ticket items. Maybe that’s part of United States, all too often ignores if the wheels fall off this thing. So that American exceptionalism to leave people who are unemployed. what we need to do is craft a solution the world a better place, to leave our Unemployment is a very special cat- that allows the older people that are on kids freer, not taxed into the dirt, to egory. Every Member of Congress these programs to stay there, and as leave our economy the strongest of any knows the numbers, but it’s the Amer- people become younger, give them al- in the world, that America could be a ican people who are feeling them. ternatives and to have a transition so shining city on the hill, a light to the About 9 percent of the country is ‘‘un- that you can get these costs under con- people around the world. employed’’ based on the definition of trol. That was the vision of our fore- unemployed that the Bureau of Labor That is the way to manage a solu- fathers. Why don’t we grab ahold of Statistics uses. tion. Everybody has got to suffer a lit- that have and say, hey, we have got But in communities like mine, it’s tle bit. But at least we are not allowing way too much government that we around 15 percent, and that’s conserv- the whole thing literally to crash like could afford. Let’s turn loose the ative. Some communities have as high some sort of a train off the edge of a American people and let’s not trust so as 30 percent unemployment. cliff. much in government. I think that’s the So when Democrats come to the floor Mr. WALBERG. Well, I think, not big question coming up. Do we really of the Congress and talk about job cre- necessarily the suffering idea, I think want more government, more taxes, ation, for African Americans, for mi- in doing something that’s credible and more spending, more debt, and less norities and for women, when we hear the right thing to do, it gives people freedom, or do we want more freedom that language, because we are usually optimism that the answer is here. It and a whole lot less government, and the last hired and the first fired, job will take some tough decisions but ul- the government that’s there to really creation isn’t a message that touches timately the people who are in need be a servant to the people and not have my constituents. It’s not a message will be taken care of. the attitude that they know better that touches the long-term unem- The other people with the great cre- than everybody else. Don’t you think ployed who find themselves in the ativity, the American exceptionalism that’s where we are? barrios, the ghettos, and the trailer that’s there will find ways to do it and Mr. WALBERG. And I think the peo- parks of our Nation. do it better, and ultimately a greater ple spoke in November. I think that So the question is why Democrats opportunity for the future, and that’s speech they gave to us, my good friend, and Republicans in Congress, both pro- optimism. is that we must take this opportunity. moting growth, Republicans promoting Mr. AKIN. You know, and I think This is our point in time. This is our tax breaks and tax cuts and limited that is a thing that’s so exciting, be- date with destiny, as it were. If we government as a way to stimulate the cause I don’t think you are being a Pol- back off from tackling the big things, economy, Democrats focusing on job lyanna by saying what you just said. we will not only lose there, but all of creation as a way to separate the econ- Mr. WALBERG. Not at all. those little special things will be taken omy, which might include reasonable Mr. AKIN. The reason I say that is away as well. spending and deficit reduction meas- because we have been through, as Mr. AKIN. Congressman WALBERG, ures, why, in the midst of our con- Americans, a lot of dicey situations. with you and the other great people at versation, led by Republicans in the Our own parents, known as the work down here and the American pub- majority and Democrats, unemployed Greatest Generation, as they would say lic, I believe we can do it. It’s time for Americans continue to grow. There is it, did their bit. My father was with us to roll up our sleeves. Let’s get busy this huge category that Democrats are Patton in Europe, and they fought cutting, let’s do things the right way. not speaking to and Republicans are World War II. And then there were the Design programs that work and not not speaking to but needs to be ad- days when Ronald Reagan came to a threaten people, and let’s move for- dressed in order to strengthen our discouraged Nation, and he said Amer- ward, because there are brighter days economy and change the present direc- ica’s got brighter days ahead. With ahead. tion. You see, Mr. Speaker, if we can pro- that twinkle in his eye, and he had f such a way of putting it, you know the vide a job for every American, if we can solution is simple but it’s not easy. UNEMPLOYMENT eliminate unemployment just like we We have come to another one of The SPEAKER pro tempore (Mr. eliminated slavery, if we can eliminate those pivotal times in history where it WOODALL). Under the Speaker’s an- unemployment just like as a Nation we is our responsibility to deal with a nounced policy of January 5, 2011, the are trying to eliminate discrimination massive problem and not to ignore and gentleman from Illinois (Mr. JACKSON) against women and against the dis- try to pretend it doesn’t exist and just is recognized for 30 minutes. abled and against the gays and lesbians try to lie to people and let the govern- Mr. JACKSON of Illinois. Let me ex- of our Nation, if we can eliminate un- ment run a little longer until we are press my appreciation to you and to employment—the way our system is gone, and then everything comes down the leadership of this Congress for al- actually set up, if every American is in a big heap. That’s not what the lowing me 30 minutes to speak to my working they pay into the system. And American public wanted of their lead- constituents, but also to speak to the if they are paying into the system, it ership. American people about the central pays for future generations of Ameri- As long as you and I are kicking, my issue that confronts our Nation and cans to take advantage of the entitle- friend, we are going to stay here. We this economic crisis. ment programs that my colleagues who are going to talk about this. We are Mr. Speaker, the central issue that just left the floor were talking about. going to talk about the great days has confronted every Congress that re- But if there is high unemployment in ahead for America and some of the mains unaddressed, for which I want to any given generation, it profoundly im- things that could possibly be. talk about tonight, is unemployment. pacts the kinds of resources that are You know, we take a look at some of The unemployment rate in our coun- available for the Federal Government these medical costs. They are really, try is too high. The Democratic mes- and local governments to handle basic really busting the budget. Maybe one sage, job creation and create jobs, I re- programs that keep our Nation strong of the things we need to do is to say, spect that message. in every succeeding generation for hey—I think it was 1950, somebody cal- Republicans believe in tax cuts and every American. culated the cost of polio that had cost tax breaks and pro-business perspec- Mr. Speaker, many Americans have us a trillion dollars a year in America tive, which many Democrats support as been out of work. For many months today, the polio costs. well, and I believe that, clearly, eco- they have stopped looking for work. So They forgot something. We figured nomic growth is the path to job cre- even though they have no jobs, they out a cure for polio. Maybe it’s time for ation. But for the unemployed in our are not counted as unemployed.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.096 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1509 Over the last few months, I have gotten it probably at least about a C- and on-screen presentations to attract po- called on unemployed, underemployed, minus in terms of what most econo- tential advertisers. and economically insecure Americans mists actually believe Congress has the Consulted with Research Director and Di- rector of Business Affairs/Sales Planning to to send me their resumes and their sto- power to create jobs. Congress doesn’t extract ratings, demographics, and pricing ries so that I can keep unemployment create jobs. The private sector creates details. front and center before our govern- jobs. Congress can offer incentives for Developed and maintained first-ever Pro- ment. the private sector to create jobs, but gram Fact Book to provide Sales Depart- Unemployment. I did not say job cre- Congress cannot create jobs unless ment with detailed programming informa- ation. I did not say deficit reduction or Congress is going to hire everybody, tion in a single, comprehensive reference tax reductions to corporations. I said which, Mr. Speaker, is not necessarily source. Interfaced with various PBS stations unemployment, that thing that Presi- a bad idea of Congress hiring every- and their public relations firms to obtain information vital to the sales process, often dent Roosevelt talked about when he body. But that’s another Special Order. under tight deadline pressure. said, ‘‘We have nothing to fear but fear I want to talk tonight, Mr. Speaker, Updated media kits on quarterly or as- itself.’’ about these Americans who have been needed basis, enabling Sales Staffs to keep President Roosevelt wasn’t talking left behind, and at the conclusion of up-to-date on regularly or frequently chang- about the Russian bear. He wasn’t talk- my remarks hopefully offer some in- ing specifics. ing about Nazis in Germany. He wasn’t sight in what I think could serve as a Designed invitations for Sales events and talking about fascism in Italy under constructive part of a conversation coordinated arrangements with other departments. Mussolini. He was talking about the about ending long-term unemployment Recruited American Indian volunteers to deterioration of our national fiber and for all Americans. work themed WTTW Pledge night, resulting fabric from within, unemployment. First, I want to start with Linda Sta- in $30,000 Pledge total. bile. Linda wrote a letter to Speaker b 1900 WTTW Channel 11, Chicago IL 1992–1998 BOEHNER. She said, ‘‘I’m a 63-year-old General Administrative And at the time that he was deliv- woman who has been laid off from my ering that speech, Mr. Speaker—I know job I loved in mid-June of 2009.’’ She Provided phone support to Vice President, Sales and Marketing—WTTW, scheduled that my chart here is probably inad- got laid off from her job she loved. equate for the C–SPAN cameras—but meetings, processed travel and entertain- ‘‘Since then, I have spent every day ment expenses, tracked invoices, generated the largest spike in our Nation’s his- looking for work unsuccessfully. I am a contracts and high quality reports. tory for unemployment, between 1930 four-time breast cancer survivor and in OTHER EXPERIENCE and 1945, was during President Roo- December underwent my second mas- Fairmont Hotel, Chicago, IL [temporary posi- sevelt’s administration. Now one would tectomy in 3 years. I have a small tion] think that the goal would be in order condo with a modest mortgage, but General Administrative to keep men content and women con- sold my car last August to help me tent in their homes, in their jobs, and Provided secretarial and extensive client make ends meet. Unless I’m able to service support to the Executive Assistant actually believing in our country, that find even a part-time job, in a few Manager and Front Office Manager. we would be working collectively as months I will join the ranks of the Inter-Continental Hotels Corporation Chicago Democrats and Republicans to elimi- 99ers with an uncertain future. Should and Houston nate the idea of unemployment as a po- I lose my home, I have nowhere to go. Sales and Marketing Support—Assistant to tential factor in the life of the Amer- ‘‘There are many Americans who face National Director, Incentive Sales, ican people. the same frightening prospect, I know, Chicago But no. We’re talking about job cre- and I’m sure you receive many commu- Edited copy for incentive travel programs ation, we’re talking about deficit re- nications such as mine. But I do hope and finalized with head office. duction, and somehow we believe that that you will lend your support to ex- Compiled incentive sales training manual by moving the interest rates and the tending benefits for the long-term un- for U.S. Sales Force. levers of our economy that somehow employed. Inside Sales Manager, Houston National corporations that have chosen to leave ‘‘The emotional, physical, and psy- Group Sales Center the United States and locate in foreign chological stress of day-to-day job Solicited and managed corporate, associa- countries abroad, that somehow hunting is painful, and it’s damaging tion, tour and travel accounts for worldwide they’re going to come back to America beyond words. I begin each day with a hotel chain. and provide us with enough work for hopeful outlook, but at the end of the EDUCATION millions of Americans who find them- day, restorative sleep is beyond my Northwestern University, Downtown Chi- selves unemployed, underemployed, reach. I am talented. I have good skills. cago campus—Communications/Advertising and out of work. But time is running out. Please, won’t coursework. So, Mr. Speaker, to demonstrate this you make jobs a priority? Respectfully, COMMUNITY INVOLVEMENT shameful condition, I have called on Linda Stabile.’’ Chicago Women in Hospitality—Founded unemployed, underemployed, and eco- Linda, I believe that we should make and promoted professional women’s organi- nomically insecure Americans to send jobs a priority, and ending the shame- zation. me their resumes so that I can tell Lincoln Park Zoo—Former docent and ful condition of unemployment ought staff volunteer assistant. their story and so that I can keep un- to be a priority of this Congress. Tree House Humane Society—Development employment front and center. Thou- LINDA M. STABILE Office volunteer (heavy phone contact, data- sands of people responded and sent SKILLS SUMMARY base input). their resumes to me at Highly organized and energetic adminis- Mitchell Museum of the American Indian— [email protected]. trative professional with wide experience in Volunteer and docent-in-training. And so tonight, I want to share a few of managing multi-faceted projects, along with From Michael B. Alexander, master the emails that I received. And Mr. day-to-day support of an office or executive, of science in real estate management, Speaker, I hope these stories will com- with emphasis on sales. master of urban planning, design, and pel this Congress to make ending un- Proven skills in writing, editing, inter- development, personal communication, and attention to employment once and for all a national detail. ‘‘Hello. I willingly left my job as a priority. If we can end unemployment Excellent computer skills—Microsoft Of- city planner with the city of Largo, once and for all, we can save Social Se- fice Suite: Word, Outlook, PowerPoint and Florida, to pursue an MSc degree in curity without any cuts to Social Secu- Excel. Sweden in August of 2008. I have been rity. If we can end unemployment once PROFESSIONAL EXPERIENCE looking for work all over the United and for all, we can take the entitle- WTTW Channel 11/98.7 WFMT–FM, Chicago, States actively since August 2010, when ment programs off of the table. IL 1999–2009 I received my degree. While I had four But there is very little focus on end- Sales and Marketing Support interviews, I’ve easily applied for over ing unemployment. Congress is focused Supported Television and Radio Adver- 250 jobs between August and February. on job creation. However, Congress’ ef- tising Sales Executive Level staff by cre- It is worth noting that I have accrued forts, historically, at job creation have ating color one-sheets and PowerPoint bound a sizeable amount of debt from all of

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.097 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1510 CONGRESSIONAL RECORD — HOUSE March 2, 2011 my education over the years, and I’m Researched public policies such as tax in- me. I want and need to get back to currently unable to make my pay- centives, grants and Brownfield redevelop- work and have health care benefits. ments. The loans are continuing to ac- ment funds that impact real estate investor Right now, I’m on Medicaid. I’m ex- crue interest and are currently in eco- decision making in Cleveland, Ohio tremely professional and a hard work- Prepared property appraisal reports on nomic hardship deferment. mixed-use commercial property located in er. And like so many, I can’t believe ‘‘Please let me know what I have in Stockholm using different appraisal methods this economy. the future. I have had a pretty good life to determine value ‘‘Our Government needs to take us for some time now. When I was work- Assumed a leadership role to employ ana- seriously and feel our pain. They also ing a few years ago, times were okay, lytical and cooperative skills to complete re- need to extend our unemployment ben- but when I returned to the U.S.A. after ports and projects on or before deadlines efits. If we can print money for every graduate school late last year, I was Analyzed the design of commercial prop- country who needs money from us, why disappointed that I tried to make life erty sale and lease contracts to determine does our government leave us out in hidden characteristics or hidden action prob- better by going back to school only to lems for acquisition and tenant occupancy the dust? I am sure I feel as other 99ers regret leaving my previous stable job purposes do, humiliated and depressed. It’s in Florida. I know that my life is not RELATED EXPERIENCE tough for us to keep going, but we bad as some Americans, but I’m now must. City of Largo, Community Development starting to feel hopeless. Please keep Department-Planning Division, Largo, Flor- ‘‘Please stand up for us. I wrote Sen- me posted on the status of this cam- ida— ators SCHUMER and GILLIBRAND to sup- paign’’ to collect resumes at City Planner, August 2006–August 2008 port the new 99er unemployment bill [email protected]. Performed all aspects of site plan review 589. We need to pass this, and if Repub- MICHAEL B. ALEXANDER II from conducting pre-development meetings licans want it paid for, please find the OBJECTIVE with applicants and city staff to final inspec- money. My resume is attached. Thank tion and issuance of the Certificate of Occu- Seeking employment in financial analysis you.’’ Sharon Inglima, who is writing pancy and land use management through which I concerning her job and the absence Worked closely with elected and appointed can demonstrate my analytical, organiza- officials, investors, property owners, engi- thereof in our economy. tional and problem solving skills. neers, architects, contractors and lawyers to SHARON M. INGLIMA SUMMARY OF QUALIFICATIONS complete projects on schedule and in accord- 97 Keiber Court Proficient in Excel, GIS and SPSS soft- ance with City regulations Staten Island, New York 10314 ware for the purpose of real estate analysis Prepared and publicly presented technical Skilled in performing all aspects of market land use reports and city ordinances to City (718) 447–2450 and financial analysis to determine project Commission and Planning Board including, (917) 327–4612 feasibility but not limited to, vacation of easements [email protected] Possesses excellent technical writing and and right-of-ways, land use amendments and EXPERIENCE public presentation skills variances Experienced in analyzing and interpreting American International Group—(2002–2008) state and municipal laws regulating land use Mr. Speaker, what about all of the American International Realty Group, Inc. and development men and women who valiantly and Executive Administrative Assistant Communicates and collaborates well with bravely serve our Nation in Afghani- Administrative Services a diverse group of staff, citizens and stake- stan and Iraq? Many of them came Executive Administrative support for AI Real- holders from communities where the jobless ty Group President, as well as supervising EDUCATION rate was high and sought not only an administrative staff. School of Architecture and the Built Envi- opportunity to serve their Nation, Responsibilities include: ronment— which they have done valiantly, but Expense documentation and management, The Royal Institute of Technology (KTH), after having served their Nation, are including supervising departmental bill/in- Stockholm, Sweden returning to the United States to find voice processing Master of Science in Real Estate Manage- Supervising overall office services for the ment, November 2010 unprecedented unemployment in our country. After having served our Na- department, including ordering and man- Maxine Goodman-Levin College of Urban aging supplies, general telephone coverage, Affairs, Cleveland State University, Cleve- tion, after having risked their lives and correspondence, travel arrangements, filing, land, Ohio— after having put the last full measure and external and internal presentations Master of Urban Planning, Design, and De- of their devotion on the line to protect All senior level confidential communica- velopment, May 2006 our freedom, can this Congress, will tions, including managerial payroll, sched- Paul J. Everson Real Estate Scholarship this Congress not stop for a moment to uling Award guarantee them remunerable work Reporting directly to company President Graduate Certificate in Real Estate Devel- with direct management of all travel ar- opment and Finance, May 2005 worthy of the sacrifice that they made for our Nation, or are they, too, to join rangements, meetings, communications, and Bachelor of Arts in Urban Studies, Cum general administrative support to the Presi- Laude, GPA: 3.49, August 2004 the long list of unemployed Americans? dent RELATED COURSEWORK Are they, too, to join the long list of Assist in facilitating special operations re- Contract Theory Americans who find themselves and porting to the department. This includes, Real Estate Investment Analysis their homes in foreclosure, who find Business Continuity, Emergency Critical Real Estate Valuation themselves without health care or Contact procedures Facility Management without the necessary benefits to pro- American International Group—(1999–2002) Public Finance and Economics vide for their future, for their families Executive Department of the Greater New Leadership and Management Skills and their loved ones? Mr. Speaker, this York Region Real Estate Market Analysis Executive Administrative Supervisor Urban and Regional Economics Congress can do better. ‘‘I have been unemployed,’’ Rep- Executive Administrative support for Com- COMPUTER/LANGUAGE SKILLS pany President. Computer Skills: Microsoft Excel, Word, resentative JACKSON, according to Sharon Inglima, ‘‘since December of Responsibilities include coordinating trav- PowerPoint, SPSS (STATA), Mapinfo 7.0 el arrangements, tracking expense and ven- (GIS) 2008, with AIG 10 years. I read on the dor requisitions, as well as coordinating ex- Language Skills: Mandarin Chinese, Nov- Unemployment Examiner that you ecutive’s overall schedule, including depart- ice were looking for resumes from the mental, internal and external client meet- PROJECTS/RESEARCH 99ers. I’ve been on 20 interviews over ings. Additional responsibilities include: co- The Royal Institute of Technology (KTH), the last 2-plus years, and I have not ordinated, formatted, and proofed technical Stockholm, Sweden— found a job.’’ and senior management reports, internal and MSc Real Estate Management Student, This is not someone lazy, Mr. Speak- external presentations and correspondence, August 2008–November 2010 er. Sharon Inglima is looking. through the use of various systems and pro- Created discounted cash-flow models for grams. commercial projects and analyzed factors ‘‘I’ve looked online, attended job American International Group such as public subsidies, financing options, fairs and meetings, I’ve contacted busi- Commercial Accounts & Middle Market Di- net present value, and rate of return to de- nesses and personal contacts who are visions termine project feasibility constantly looking for positions for Executive Administrative Assistant

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.099 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1511 Executive Administrative support for Com- people is supposed to be caring for the CAROL J. TOMASETTI pany President. people. 179 Walzford Rd., Rochester, NY 14622 Responsibilities included coordinating Carol Tomasetti, ‘‘Congressman (585) 544–5521 (585) 721–1727 travel arrangements, overall scheduling, Jackson, I’m writing my story to be [email protected] tracking and reporting on expenses and ven- entered into the Congressional Record. SUMMARY OF QUALIFICATIONS dor requisitions. Also, I was directly respon- I’m a 53-year-old, educated with a sible for the coordination of all senior level, Recruiting/Human Resource/Administra- internal and external client meetings. For- bachelor degree woman who has tive matted and proofed technical reports, pres- worked her whole life. I have 20 years Possess strong commitment to team envi- entations and correspondence. of recruiting and human resources ex- ronment Oppenheimer Funds, Inc.—(1995–1999) perience and have worked my whole Developed/maintained long term relation- Corporate Marketing/Business Develop- ships life. I was laid off from my job at Independent accountability ment Nursefinders due to the economy Executive Assistant Excellent organizational skills tanking, and here I am 21⁄2 years later Work well with diverse populations Executive Assistant to Senior Director of Cor- with no job and no prospects. I have Three years of teaching experience porate Marketing. sent thousands of resumes out, and I Ability to multi-task, detail orientated Responsibilities included coordinating all Strong time management skills have tried to network as much as pos- Excellent written and verbal skills scheduling, travel arrangements, assist in sible to help me land something. preparation of all senior level reports, inter- Software/Technical Skills nal and external correspondence, as well as b 1910 Proficient in Word, Excel, and Internet Ex- coordination with all direct reports to the ‘‘I am at the point where I feel like plorer Senior Director. Directly responsible for the my spirit is broken. I live in Rochester, Working knowledge of Access and coordination of all client meetings for the PowerPoint Senior Director. New York; need I say more? The econ- Internal/proprietary database management EDUCATION omy here is so bad that there are no Excellent posting and researching skills Columbia Basin College—1993–1995—Richland opportunities. I have even started to within internet candidate/job posting sites & Pasco, WA redirect my efforts toward administra- Professional History Major: Business Administration tive and customer service positions. Nursefinders—2007–2009 My unemployment ran out last week, Rochester, New York Katharine Gibbs Secretarial School Adult Training Program—1980—New York, NY and my husband and I are in a panic Nurse Recruiter mode. Major: Business Administration Source, screen, interview and perform ref- ‘‘My husband worked at Eastman erence checks on applicants for contract, per SKILLS Kodak for 30 years and I was downsized diem and direct hire positions IBM and Mac Computers 31⁄2 years ago because there is no manu- Maintain frequent contact with medical fa- MS Windows cilities via phone and on-site visits MS Outlook facturing left here. He was out of work for all that time and has since gone Promotes Nursefinders at a variety of re- MS Word cruitment functions such as job fairs, univer- MS Excel back to work at a job he is much too sities, career/community events MS WordPerfect overqualified for and is making half of Meet with department supervisors to de- MS PowerPoint what he was making at Kodak. I am velop strategies to improve staffing Typing 65 wpm ashamed that our standard of living Generate tracking reports Internal systems include: has gone down to what it is. We own a Assist in scheduling applicants for sites Huntington—attendance home, and we do not live above our Negotiate wage rates and other terms and WAVES—Vendor Billing/Payments conditions of employment with candidates Concur—Expense (Employee) Reimburse- means. We pay our bills, give back to Communicate effectively with others to ment the community we live in, tried to save create a productive environment ESource (Ariba)—Vendor/Supplier equip- for our retirement, and buy what we Communicate with peers by sharing ‘‘best ment and supply ordering have to and want to support our econ- practices’’ and providing accurate, thorough So, Mr. Speaker, we are at an im- omy. We both have never not worked. documentation on employees in applicant passe here. The President of the United Now all this is jeopardized because we tracking system States, a close and dear friend of mine, have only one income and cannot meet Wilson Commencement Park—2006–2006 Rochester, New York came before this Congress most re- our bills and commitments. We now cently, and I believe he mentioned the have no health insurance because we Employment Specialist words ‘‘job creation’’ 31 times. He men- cannot afford it since the unemploy- New position created from state grant to assist organization service clients tioned the word ‘‘innovation’’ I think ment ran out. The company where my Interviewed, advised, assessed and guided a 11, maybe 15 times, and never men- husband works does not offer it be- diverse population of clients to ascertain tioned ‘‘unemployment’’ one time—not cause they cannot afford it. I cannot employability one time—as if unemployment is not a believe at our age we are in this situa- Determined client’s eligibility for services, factor in the lives of the American peo- tion, and going from bad to worse. I am apprises clients of their rights, benefits, re- ple. not looking for any handouts. I want to sponsibilities and obligations under program I come to the House floor and I hear get back to work and having a life. I participation Evaluated client readiness for job referral, Democrats in 1-minute speeches and 5- need assistance until I can finally find classroom training, on-the-job training and/ minute speeches. I hear Republicans a job. or support services talk about austerity measures and why ‘‘When are the politicians in this Attempted to match clients with available they need to cut the budget and cut country going to finally start working employment, training or other opportunities/ programs which, by the way, will only for the American people and not them- services leave States to cut budgets and pro- selves? You all are self-serving. I do Assisted clients in resolving barriers to grams. And guess what? There are tens not believe that you are doing what it employment by identifying needs for services of thousands, hundreds of thousands, takes to turn this country around. I Analyzed information obtained from inter- millions of Americans who are going to have no confidence in any of you, and views, tests and other sources to develop wake up one of these days, and guess I don’t believe anything that is said. short/long term client goals what? There’s going to be no federal Who are you to decide how our lives Developed and implemented individual em- program there for them. There’s going will be run and affected? Maybe you ployment plans to be no State programs there for them should stop sending money to every Rochester Business Institute—2003–2006 as States pursue austerity measures. other country in the world and start Rochester, New York Is there anyone concerned about that worrying about our own backyard. We Externship Coordinator/Adjunct Faculty around here, that some Americans are need help now.’’ Spearheaded department Medical going to wake up one morning and That is Carol J. Tomasetti from Externship Program Exceeded goals by placing 70% of externs there won’t be a government for them Rochester, New York. She sends her rein permanent positions post graduation either at the State level or the Federal sume hoping, Mr. Speaker, that she Coordinated, assigned, tracked, and re- level, because a government that is of won’t be ignored by the Congress of the ported activities related to the Medical As- the people, by the people, and for the United States. sisting Externship Program

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.041 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1512 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Facilitated the student’s transition from neral expenses with the help of a State Accounts Receivables/Payables class work to externship to graduate in prep- assistance fund, a wonderful church Preparing written correspondences and re- aration for placement family and beautiful people I’ve met quests for missing information, Research In- voices and Missing Images Resolved student inquiries, issues and along life’s journey with a funeral problems Creating Spreadsheets using Excel, Week & Maintained contact with local employers, home business. Month End Calculations, A/P Data Prep visit sites, secure signed affiliation agree- ‘‘And through it all, in September of Copying, Scanning, Faxing, Filing ments 2008 I brought my mom to live with me Jan. 06–Apr. 07: Accounting Principals (Assign- Assisted in graduation ceremonies twice an because I refused to allow her to be in ments: EverDrive, Wachovia Securities, academic year and other responsibilities as a nursing home. I’ve worked in as well Innsbrook) assigned as visited those homes for low-income, Supervisor: Jennifer Green Adjunct instructor for ‘‘Career Skills’’ destitute people. Then I brought my Position: Technology & Finance Analyst, class Target: last quarter students/ Accounting Clerk/Accounts Payable Spe- externship candidates oldest granddaughter to live with me because even though we are not middle cialist Bishop Kearney High School—2001–2002 Duties: Rochester, New York class and have no college fund, she has SR Approvals, Ordering Supplies using Director of Admissions Spelman or Georgia State, majoring in OSCAR, Filling out Mac Request, Pulling Efforts resulted in raising school enroll- pediatric medicine in her future. A and Emailing Hyperion Reports, Re-classing ment by 35% within first year dream she has had since the age of 4. and closing RCS, Research using IRIS Conducted all phases of recruitment and ‘‘I filed bankruptcy in January 2009 A/P Account/Vendor reconciliation, A/P promotion of the school in a newly-created to save my home and lost my job in vendor relations, A/P Data Prep, Data entry position September 2009 and was forced out of Reconciliation, Forecasting, Month End Interviewed and advised parents and pro- Closing bankruptcy in April of 2010. My home Filing, Faxing, Fax Server, Scanner, Copy- spective students was saved again in July of 2010 due to Delivered presentations to incoming stu- ing, Batching dents the unethical practices of the Bank of Mar. 04–Dec. 05: Exclusive Staffing (Assign- Managed open house, freshman orienta- America who took over Countrywide. ments: Bank of America, Phillip Morris, tion, registration, as well as other events And by right, I should lose this home Inc., City of Richmond Zoning Department) such as: Rhino’s Exhibition week, Honor because I don’t have enough to pay an Supervisor: Deseria Creighton Walk Event, school tours, and shadow visits $1,800 mortgage, Mr. Speaker. I am di- Position: Administrative Assistant/A/P & Worked with local parishes to promote vorced and unemployed. But God made Verification Specialist/Logistics Analyst/ Catholic education a promise to me about my home and Docs Specialist Developed tracking reports, procedural taking care of my mom. I am standing Duties: guidelines Verifications (income, deposits, mortgage/ Involved in development of foreign ex- on those, but here is my resume, and I rent), HUD reviewer/Closer change boarding program for the school thank you again.’’ Printed reports, Master Card Approval Bryant & Stratton College—1990–2001 ANNIE LUERENDAE MOSLEY (Search & Match, Fraud Detection), FedEx Rochester, New York 207 Natchez Road mailing Docs Analyst (requested and filed all docu- Senior Admissions Counselor Henrico VA 23223 ments needed for closing loans Achieved and exceeded goals every semes- Contact Numbers: Hm. (804) 322–1033 Researched RESPA Premier Accounts ter for enrollment, resulting in several ‘‘Top Cell (804) 437–9669 NDS Function (mailed NDS letters Gun’’ awards within the Eastern Region Email; AL [email protected] (RESPA), pulled internet reports, sorted and Recruited traditional and non-traditional mailed Deeds PCR (prepare General Ledger OBJECTIVE students, promoted the college in a wide Credits and Debits), Compliance (cleaned/ range of settings Skilled and dedicated Administrative As- logged/filed Withdrawn & declined files), Conducted the entire process of admis- sistant, Support Person, Office Manager, Ac- verification of documents for proper ship- sions, including appointments, student fol- counting Clerk with more than 20 years co- ments (import & Export) low-up, admission procedural assistance and ordinating, planning, and supporting daily Reconciled and prepared invoices for pay- ongoing student consultation operations and administrative, financial ment, Cataloged files for storage, data entry, Interviewed and trained new admissions technology functions. filing, copying, faxed, answered phones, re- staff as needed Demonstrated capacity to provide com- routed messages Interacted regularly with community prehensive team support for Executive level Apr. 03–Feb. 04: Sunterra Resorts, INC. groups and municipal/state agencies staff. Proficient in check preparation for Participated in student orientation, reg- vendor payment and weekly garnishments, Supervisor: Cassandra Elliotte istration, graduation, and other recruitment semi-monthly royalties. Position: Administrative Assistant/A/P functions Instrumental in introduction of bank scan- Specialist/Resolution & Courtesy Clerk ning on premises. Trained primary users on Duties: EDUCATION Debit & credit memos, Reconciliation of scanning system. B.S., Bachelor of Science, St. John Fisher monthly statements & reports, Updated Online student at the Liberty University; College, Rochester, New York credit card logs daily (for 3 properties), majoring in Psychology, Bachelors of A.A.S., Communications/Journalism, Tracked & submitted payroll, Application of Science Degree Program. Marymount College of Virginia, Arlington, charges, Recorded Minutes Virginia Feb. 09–Sept. 30–09: Accounting Principals (As- Dictation, set up interviews, data entry, signment: James River Coal Company, River AFFILIATIONS supplies and inventory clerk, scheduled res- Front Plaza) Irondequoit Youth Bureau Board, Seneca ervations Staffing Coordinator: Jennifer Green Pulled production & TMA reports, Guest Park Zoo Zoobilation Committee (annual Position: Accounts Receivable/Payable relations/customer Service (successful reso- fundraising), Compeer Volunteer; Learning Clerk lutions of customer’s complaints), obtained International, Professional Selling Skills Duties: codes for promotions, filing, copying, faxed, Certificate, United Way Campaign Coordi- Prepare and cut checks for Vendor Pay- answered phones, recorded & rerouted of nator, Presidential Campaign—involved in ment, Garnishments, Royalties, Pull Roy- messages fund raising, assisted in organizing social alty Letters events in Washington, D.C., Big Sisters Orga- Aug. 91–Jul. 02: Sixth Baptist Church Check Run and Batching, Monthly Produc- nization Community Volunteer Supervisor: Pastor: Dr. Yvonne Jones tion Reports, Create Check Vouchers Bibbs How about Annie Mosley: ‘‘I want to Reconciliations, Month End Closings, Ac- Administrator: Ronnie West thank you so very much for stepping counts Payables/Receivables Position: Administrative Assistant/Clerk Research Voucher and Vendor Numbers, up and speaking on behalf of the unem- /Accounts Receivable/Payables ployed. And not to bore you, in 2006, me Run Positive Pay, Bank Deposits, Scanned Duties: and my husband moved into a home Bank Deposits Scheduled appointments/travel arrange- Filing, Faxing, Copying with $1,500. We were both working. And ments, filing, answered phones, met with and in July of 2008, my husband was ar- Apr. 07–Feb. 09: LandAmerica secured venders for services needed, recorded rested for domestic violence and spous- Manager: Jerry Duffey and rerouted messages, faxed, copying, Position: Accounts Receivable/Payable records/supplies and inventory clerk, pur- al abuse that escalated on July 27. This Clerk II chaser, A/P (prepared check request from was after my brother committed sui- Duties: statements), data entry (sorted and keyed cide and my mother had a severe Fax Server Specialist, Processing Invoices member’s contributions; weekly and yearly stroke. I took care of my brother’s fu- for payment using PeopleSoft Image Now 6 for a 500 + membership)

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.042 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1513 Prepared quarterly and annual tax state- public had an opportunity to say ‘‘no’’ that First Amendment activity. All ments, updated daily & weekly message to government; no need for govern- charitable giving, all foundation activ- boards ment. We don’t need a Federal Govern- ity, all tied to First Amendment activ- Printed and designed weekly and special ment. We no longer have the crown ity. day’s bulletins, typed and printed annual Church Yearbook (for distribution to mem- pursuing us. We are going to win, and So the greatest jobs program that bership), typed correspondences, dictation, we won the Revolutionary War. We the Founding Fathers bequeathed to us recorded Minutes don’t need government. That was their is the First Amendment. Now, tell me EDUCATION: choice. why, as we reflect upon the conclusion Presently enrolled online at Liberty Uni- But instead, Mr. Speaker, you know of African American History Month, versity Online what they did? They chose govern- and as someone who existentially is in Major: Psychology—Bachelors of Science ment. They said that the American en- Congress today as a result of the Na- Degree terprise that we have been engaged in tion’s struggle to make our country Virginia University of Lynchburg (Rich- for a century and a half before the Dec- better, a unique group of people in the mond Site) laration of Independence is an enter- Constitution, whose freedom came Bachelors of Science Degree Program in prise that we need to continue, that from the Constitution, why we should Theological Studies Commonwealth College, (now Bryant & freedom system, that open system that not, with high unemployment, look to Stratton) Richmond, Virginia allows bartering and trade, that allows our Constitution for the answer. Graduate: Diploma (Medical Assistant/Of- activity, that allows potential eco- b 1920 fice Management) nomic growth. Now, however narrow in Amelia County High School, Amelia Coun- their thinking, there was full employ- Mr. Speaker, I believe that the an- ty, Virginia ment at that time for white male land- swer to long-term unemployment is ac- Graduate: Diploma owners. If you were a white woman, tually in the Constitution of the EXPERIENCE: you couldn’t vote. If you were African United States. ASP–400, Bank Scanner, Image Now 6, Ora- American, obviously you were in a con- Well, let me say that a little dif- cle PeopleSoft, Fax Archives, Lotus Notes, dition of slavery. But for the architects ferently. It’s not in the Constitution of Access, Excel, Word, Microsoft Outlook, of the Republic who protected the right the United States. It should be in the Windows XP, WordPerfect 2000, MS Works, to vote for white male landowners, Constitution of the United States, and OSCAR, IRIS, Power Point clearly the white male landowners one of these days we’re going to get Annie Mosley represents thousands were doing just fine. They had full em- there. of Americans who are taking care of ployment. Full employment. But I want to bring to the House’s at- their families and loved ones and bring- So the struggle from the founding of tention an important speech delivered ing their children back home because this country all of the way to the 13th by our President, Franklin Delano there are no resources available in our Amendment was about amending that Roosevelt. President Roosevelt said, on economy to make sure she gets home. which they established so that more January 11, 1944, from that microphone While we are sitting around here in Americans, Mr. Speaker, could partici- and that platform: Congress, passing bills that aren’t pate in the American enterprise. ‘‘It is our duty now to begin to lay going anywhere, we have yet to address I asked the Congressional Research the plans and determine the strategy the fundamental issue of unemploy- Service the other day how many jobs for the winning of a lasting peace and ment that confronts all Americans. are tied to the First Amendment, that the establishment of an American I want to deviate from the resumes amendment added to the Constitution standard of living higher than ever be- for a moment and talk about some- in 1791 by the founders of our Republic. fore known. We cannot be content, no thing that I think is at stake here. You know what they told me? Con- matter how high that general standard I have been doing a little research, gressman, it is impossible to calculate of living may be, if some fraction of Mr. Speaker, as I have been lamenting how many jobs are tied to the First our people—whether it be one-third or upon and reading the resumes of unem- Amendment. one-fifth or one-tenth—is ill-fed, ill- ployed Americans all over our country. I said: Impossible to calculate? I said: clothed, ill-housed, and insecure. And it is not just enough to complain Why? ‘‘This Republic had its beginning, about what is going wrong here. Some- He said because to be an American is and grew to its present strength, under thing has to happen. Something is pro- tied to the First Amendment. He said: the protection of certain inalienable foundly wrong in our democracy, in our Congressman, you must understand— rights—among them freedom of Republic, that needs to be fixed. which I did—that all corporate activity speech’’—even Roosevelt is acknowl- I heard the previous speakers talk in America is First Amendment activ- edging that 50 percent of all jobs in 1944 about our Founding Fathers and how ity. come from freedom of speech—‘‘free- they ultimately outlawed slavery in Look at the jobs that come from the dom of worship, trial by jury, freedom the passage of the 13th Amendment to First Amendment: Washington Post, from unreasonable searches and sei- the Constitution after Abraham Lin- Washington Times; New York Post, zures. They were our rights to life and coln issued the Emancipation Procla- New York Times; Chicago Tribune, liberty. mation in 1863. And it occurred to me, Chicago Sun Times; AM/FM, and all of ‘‘As our Nation has grown in size and Mr. Speaker, that from 1619, when the the radio stations, First Amendment. stature, however—as our industrial first slaves arrived in our country, ABC, NBC, CBS, C–SPAN, all of the economy expanded—these political until 1776, the greatest capitalists in jobs, First Amendment. rights proved inadequate to assure us the history of our world lived. They Magazines, First Amendment. equality in the pursuit of happiness. were the colonists and the traders, iPods, iPhones, applications, First ‘‘We have come to a clear realization those who took the greatest risks to Amendment. of the fact that true individual freedom travel across oceans to land here on Time Square, First Amendment ac- cannot exist without economic secu- the shores of America. They were cap- tivity. Advertising, the Super Bowl, rity and independence. Necessitous italists. They believed in trading beans First Amendment activity. men are not free men. People who are and corn and gold and natural re- All of these jobs—the original cap- hungry and out of a job are the stuff of sources, and they were seeking a new italists who came to the conclusion which dictatorships are made. life when they came to the United that this was worth protecting in our ‘‘In our day these economic truths States of America. Or came to these Constitution—established in the free- have become accepted as self-evident. shores, more accurately stated. dom system, the greatest jobs program We’ve come to accept, so to speak, a After the Somerset decision of 1774 in our Nation’s history. They called it second Bill of Rights under which a and the reaction in the colonies that freedom of speech. And in that same new basis of security and prosperity led to the Declaration of Independence amendment, they included freedom of can be established for all—regardless of in 1776 and those famous words ‘‘all religion. station, race, or creed.’’ men are created equal,’’ the founders of Think about the jobs tied to So what does Roosevelt do? On Janu- this Republic, the founders of this Re- 501(c)(3)s, 501(c)(4)s, 501(c)(5)s, all of ary 11, the only President who’s ever

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.043 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1514 CONGRESSIONAL RECORD — HOUSE March 2, 2011 had to confront unemployment at the traneous material into the RECORD on Clinton, my recollection is that it was level that we are confronting it right the subject of this Special Order. over a $300 billion proposed cut in now, Mr. Speaker, he turns to the Con- The SPEAKER pro tempore. Is there Medicare that was the crux of this stitution of the United States and he objection to the request of the gen- matter, where the whole issue pivoted says, These are the things we need to tleman from Illinois? on it and a Nation watched as there ask: There was no objection. were threats that there were parts of If the First Amendment can guar- f the Federal Government that wouldn’t antee us 51 percent of all jobs and from A LESSON FROM THE PAST be providing services and others were it can come iPod and laptops and the scared that they would lose theirs; that Internet and unprecedented economic The SPEAKER pro tempore. Under Social Security checks wouldn’t be growth, he says, we need to add to the the Speaker’s announced policy of Jan- coming in on time, et cetera, the Constitution the right to a family to uary 5, 2011, the gentleman from Iowa American public began to roil and boil have a decent home. What would that (Mr. KING) is recognized for 30 minutes. and rise up and push back. And over a Mr. KING of Iowa. Thank you, Mr. do for home construction in this na- period of time, and I don’t think at the Speaker. fault of the Members of the House of tion? What would that do for millions It is an honor and a privilege to ad- Representatives but by the cir- of unemployed people? dress you here on the floor of the cumstances of the life and time, the He says, we need to add to the Con- House. And I would say after listening public began to have a higher level of stitution the right to medical care. to the presentation of my colleague anxiety about what would happen if How many doctors would such a right from Illinois, it’s been a little while the Federal Government continued create? since I’ve heard that; and I’m glad to with the shutdown process that they He says, we need to add to the Con- hear the delivery you gave tonight. A were in. At a certain point there was a stitution of the United States the right little more time here on the floor request made for a unanimous consent to a decent education for every Amer- would be good for this whole Congress. agreement to go ahead and approve the ican. How many schools would such a I appreciate the reference to our funding in the Senate side. When that right build from Maine to California? Founding Fathers and the years in the happened and the Senate passed a How many people would be put to work earlier foundation of our country, the unanimous consent agreement, it building roofs and designing class- principles that we agree on. rooms and providing every student I’m happy to be here. I came here to washed over the House here and the with an iPod and a laptop? How many speak about some subject matter, Mr. majority in the House was compelled ghettos and barrios will actually be Speaker, that I think it’s important to accept what had been delivered from touched by such an amendment? that you turn your ear to and that the the Senate on that day. It was a sad day for me. As a busi- In fact, very little that we pass in the Members of this Congress turn their nessman and a father and a person that Congress of the United States even ear to and that the people in the was working to make my little part of touches the long-term unemployed. United States do the same thing. The only thing that touches them that We are in very dramatic times in the the world as good as I could, I was dis- this Congress has access to that can ac- history of this country. They encom- appointed that this Congress couldn’t tually change their station in life is pass quite a continuum of a ride that hold the line on spending, couldn’t hold the Constitution of the United States. we’ve been on. To go back and capture the line on this growth in government, Roosevelt concludes: some of that, to frame the present mo- and I believed that until I understood ‘‘After this war is won’’—he’s talking ment that we’re in, I take us back to a it from this perspective of standing about World War II—‘‘we must be pre- time, let’s say back to a time in 1995. here on the floor, Mr. Speaker, that the pared to move forward, in the imple- In 1995, shortly after Republicans won House had let us down. Today, I think it’s a little bit dif- mentation of these rights, to new goals the majority for the first time in 40 ferent equation. I think they did as of happiness and well-being. America’s years in this House of Representatives. much as they could have done and own rightful place in the world depends There was a real test that took place. under the circumstances because of the in large part upon how fully these and There was a test that took place on the UC agreement in the Senate, the House similar rights have been carried into determination on the part of the new didn’t have much choice but to concede practice by our citizens.’’ majority after 40 years of wandering in to the push that came from the Senate. Well, Mr. Speaker, that’s 50, 60, 70 the wilderness, so to speak, that had But here is the point that I’ve learned years ago. And here we are today try- determined that they wanted to bring on that day and I stand on at this day, ing to pass legislation talking about this budget under control. They wanted Mr. Speaker, and that’s this: There’s austerity in government rather than to cut spending and put us on a path to not a time that the Federal Govern- taking the advice from the greatest balancing the budget. That was initi- ment can spend that’s not agreed to by capitalist in the history of our world ated in 1995 with a real determination, the House of Representatives. We start who set our freedom system in motion and also with the benefit of having a the spending, we start the taxes, and if in 1776. That freedom system is respon- majority to work in cooperation with we say no, it won’t be spent, which sible for the present America. in the United States Senate. Mr. Speaker, there is an even greater That determination to balance the means that if we hold our ground here, America that’s in front of us. It’s the budget brought about a challenge from we can shut off the spending to anything that we choose to shut off. America that adds to our founding doc- President Clinton, a number of vetoes ument these basic rights—not at one on the part of President Clinton that b 1930 time, but one at a time. And the way brought about the shutdown in the That’s the way it was designed to be out of this economic and fiscal disaster Federal Government. I remember those by the Founding Fathers, as was ref- that our country confronts isn’t to cut years. I was not in government at the erenced by the gentleman from Illinois the poor and to leave them on the time. I was a full-time owner of the a little earlier. That’s what the Con- streets. It isn’t to ignore unemployed construction company that I formed in stitution says. people. The way to change this crisis is 1975 that continues to this day. As I By the way, it’s our obligation be- to give the American people one more watched this in the news and I watched cause we’re the closest to the people. reason to believe in America again, the debate on C–SPAN, I was inspired Every 2 years, we’re up for election or that 308 million people can coalesce, by the leaders that we had, the states- reelection, and if this House is going to wipe out unemployment once and for men that we had, that stood and laid change hands, it can change hands all, rebuild our union, strengthen it, out the financial circumstances that within a 2-year period of time. It’s a 24/ and change the direction of America we were in and the necessity to get 24/7 campaign, meaning for 24 months, forever. Federal Government spending under 24 hours a day, and 7 days a week, we I thank the Speaker and I thank the control and the plan to bring forth a go on in perpetual campaign mode be- American people for this time. balanced budget. cause we are always up for reelection. I ask unanimous consent to revise While this government was shut That means that the House here is and extend my remarks and insert ex- down because of the vetoes of President more responsive and more sensitive to

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.105 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1515 the people than is the Senate, which The circumstances of the government and this assault on America. That all has a 6-year election span of time. shutdown in 1995 were within an eco- came with this transition of the burst- They could put up a contentious vote, nomic environment that brought us to ing of the dot-com bubble, with the one that runs against the will of their where we are today, and we should un- growth of the unnatural housing bub- constituents in the first couple of years derstand what that is, Mr. Speaker. ble, with the assault on the United or 3 or 4 years of their terms and can We should know that, during that pe- States on September 11 of 2001 on our trust that the people might forget riod of time, there was a dot-com bub- financial centers, and with the attack about it by the time they’re up for re- ble. There was this unnatural growth on the American economy. That was election. Not so in the House. What we in the economy that was brought about coupled with all of the spending we do here people are not going to forget because we had learned how to store needed to do to go to war in Afghani- about, and they should not. I want us and transfer information faster and stan and subsequently in Iraq. Then in to be accountable all the time, and I more efficiently and more effectively the middle of all of that, we spent bil- want a public that has a long memory, than ever before. So there were millions on standing up the Transpor- one that is very astute and very well lions of Americans who were investing tation Security Administration, the informed and very well engaged. in these dot-com companies who were TSA, and all of the other security pro- We’ve been watching a populace that involved in the technological era, in visions that we put in place to make has been fitting that mold more and this modern dot-com era. They were insure that America could be protected more. We’ve watched, Mr. Speaker, as vesting because we could store and from more and more attacks from al the tea party groups across the country transfer information more effectively Qaeda. have brought themselves forward and than ever before. They were investing All of this was going against our filled up the town squares and filled up in our ability to store and transfer but the town hall meetings and surrounded economy. were not adjusting it to the necessity this Capitol, have physically sur- Within all of that, there was also the that that information and information rounded the United States Capitol, I passage of No Child Left Behind, which transfer and manipulation ability helps believe, for the first time in the history took more money, and there were other our economy only to the extent that of America. We couldn’t put a heli- components of the growth in the com- we can use it to provide a good or a copter up there and take the picture passionate conservatism that was driv- because of air security concerns; but I service more effectively than before to en by the Bush administration—all of walked around this building, and I saw provide efficiencies in our economy. this while we were at war. Now, if I add We found a lot of ways over those Americans here surrounding the Cap- this all up, it’s not a very good formula last 15, 16 years to produce more effi- itol—yes, holding hands. It wasn’t just for a balanced budget, and we had that ciencies because of the technology that a human chain around the Capitol but balanced budget in the late 1990s and had developed, but a lot of dot-com a human doughnut around the Capitol. rolling into the year 2000. companies went under because they It was six- and eight-people deep all the When I came here to this Congress, didn’t add that substance to add to the way around the Capitol—no thin spots elected in 2002 and sworn in here in value of our overall economy. It isn’t in it—and thousands of people in the January 2003, I came down here and enough just to be able to store and corners who weren’t part of the human said to the chairman of the Budget transfer information better than ever doughnut but who were around this Committee, Where is our balanced before. You have to store and transfer Capitol. budget? He said to me, We can’t bal- it and help the efficiencies so that They came here to say, Keep your ance the budget. It’s not possible to companies can provide profitability. hands off of my health care. We reject balance the budget, and you’ll not have That was the only thing other than if ObamaCare. We want no part of it. a balanced budget to vote on. you could market this information for This went on for days and days. I went back to my office, Mr. Speak- recreational purposes. That was the There were people who wouldn’t leave er, and I began to put together a budg- other component. Only two. these Capitol grounds. Finally, on that et that would balance. My green staff sad day last March, when ObamaCare So this dot-com bubble grew out of an overexuberance, an unnatural exu- was tasked with the job of putting to- finally passed with all of the legisla- gether a budget that we could offer tive shenanigans that enabled that to berance, that came from an optimism that we were going to take this econ- that would be balanced. We didn’t get happen—and they were considerable it completed. At that time, it was and they were unprecedented, Mr. omy someplace it had never been before. That bubble was bound to burst. I about a $2.7 trillion budget. To try to Speaker—the people around here put rewrite that in a balanced fashion as a up a groan, not necessarily of despair think it would have burst on its own, freshman in Congress and with a staff but of agony, because they’d seen but there was a lawsuit filed against that was at that point not yet experi- American liberty ripped out by its Microsoft which lanced the bubble, and enced was a very, very difficult task. I roots and taken over—our bodies na- the dot-com bubble burst. As it burst, got to the point where I wasn’t con- tionalized by the Federal Government, it was like a blister on your skin, fident enough to offer it. our health care; the Federal Govern- where it settles down into the hollow ment taking over our bodies, national- place underneath it. I wish now, looking back on it, that izing our bodies and our skin and ev- There was a dip in the economy, and I would have offered a balanced budget, erything inside it and putting a 10 per- I believe there was a concerted effort and I wish every year I would have of- cent tax on the outside if you go to the at that point to fill this hole created fered a balanced budget. The red ink tanning salon. That’s what happened by the bursting of the dot-com bubble that we had was getting bigger and big- with ObamaCare—a nationalization of with unnaturally low interest rates ger and bigger, and the American peo- the second most sovereign thing we and long-term mortgages that would ple have not been informed as to how have. The first most sovereign thing we allow people to build or buy houses difficult it is to bring this budget to a have is our soul. The second most sov- that they otherwise couldn’t have af- balance. One of the important compo- ereign thing we have is our body, our forded, and it created a housing bubble. nents of offering a budget that bal- skin, everything inside it, our health. If you think of the dot-com bubble that ances in this year tells us how big the In the United States of America, we burst, then when it collapsed, it went problem is, and it has been getting big- must have the right to manage our into a trough, Mr. Speaker, and that ger and bigger and bigger. health to the maximum of our ability trough was sought to be filled by an I stood here and sat in this Chamber, and not have the Federal Government unnatural bubble of the housing boom and listened to the debate engaged in, diminish the options or take away the which was created. and listened to the 30–Something numbers of insurance policies we might It was a housing boom that was in Group. Night after night after night, buy or diminish the health care pro- the process of unfolding and, I should they would come down here on the viders that are out there and put this say, of stretching itself to its max floor and make the argument that, if into a one-size-fits-all. That’s what while President Bush was elected in we’d just put them in charge, if they’d ObamaCare did, and it’s what it does if 2000. Then the 2001 September 11 at- just have the gavels, they would fix we let it continue to exist. tacks came on our financial centers this country.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.107 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1516 CONGRESSIONAL RECORD — HOUSE March 2, 2011 So eventually, over time, the Repub- But we had, in August of that year, a China, Japan, and places in Asia. They licans lost the majority. The Demo- monthlong energy debate taking place will do the logical thing. We need to crats won the majority in 2006. NANCY here on the floor. When we were ready make sure the logical thing is here in PELOSI came in as Speaker. Now they to go home for that August we had sev- the United States. Mr. Speaker, that’s had what they wanted. They were eral Special Orders that were cued up just the energy issue. going to fix this country—and they did for the end of business that day. Demo- And as this rolls forward, another all right. They began to take that rath- crats offered a motion to shut the place summer we had the issue of health er minor deficit and turn it into a huge down, which would have shut off the care. And as the effort came to pass deficit. They began to make energy Special Orders about energy. Some of ObamaCare here in the House of Rep- more expensive and to take the pros- the Members here decided we’re going resentatives, the American people pects of success in America down in- to keep talking, and so we came one began to realize what was happening to stead of up. They were working on after another. Eventually the Speaker their liberty, and they filled up the their vision of America, which is the shut the lights down—not completely town hall meetings. We had town hall transfer of payments, to tax the rich, off—shut the microphones off, shut the meetings in Iowa that got so big that and to transfer those payments to television cameras off and turned them they had to be moved outside because other people who aren’t as fortunate— sideways. And still we stood here for there wasn’t room inside the biggest or I’ll just say not as productive. They the month of August all the way into rooms we could find for all the people may or may not be as fortunate. Labor Day every day making the case that came to, in a constitutional fash- that we needed all energy all the time. ion, petition the government peace- b 1940 Now that argument diminished when fully for redress and grievances. And While this was going on, the deficit gas prices went back down again. It’s they came, and they were well in- was growing, the dependency class was before us again. And we must do an all- formed. Some of them had read the growing, and that’s what was going on. energy-all-the-time bill. I want to com- whole bill. And with great passion—and There was a concerted effort to bor- pliment Congressman DEVIN NUNES sometimes with little tact and some- row money from the Chinese and trans- from California for all the work that times with great deference—they made fer that money over into the pockets of he’s done on legislation that I believe the case to me over and over again, a growing dependency class to create a he’ll introduce tomorrow on all energy they didn’t want ObamaCare. They bigger dependency class because that all the time. still don’t want ObamaCare. And when was the political base that was sup- America needs to have cheap energy. it was passed here in the House they porting the Democrats—and still does We need to have cheap energy in a way rejected it. And so I spent not quite a in this Congress. And we watched this that—everything that we do costs en- year of my life fighting the passage of effort to expand the dependency class ergy. If you move anything, it takes ObamaCare. And since that period of in America take place during the energy. If you have any product, it time I introduced legislation to repeal Pelosi Congress that began in 2007 takes energy to produce it, energy to ObamaCare immediately after its pas- through 2008. In 2008, Barack Obama delivery it, and energy to go pick it up sage on that late night last March. was elected President and now this and bring it home. And so the cost of We’re coming up on a little past 11 Congress went on steroids because they energy is tied into the cost of every- months since it’s been passed into law. had a President that would sign the thing that we have and do. America The American people still reject it. legislation instead of veto the legisla- cannot be competitive with the rest of They want their liberty, they want tion that was sent out of this Congress. the world if we have high energy their freedom. They want to manage And what we saw happen was an accel- prices. And yet, that 2008 year drove their own bodies, manage their own erated debt, and more and more money energy prices up to $4 a gallon gas. We health care. They want a free market borrowed from the Chinese and the saw crude oil prices go way over $100 a system. They want a doctor-patient re- Saudis, and that $2.7 trillion or $2.8 barrel, and we’re looking at that hap- lationship. And they sent 87 new fresh- trillion budget raised on up another $1 pening again. men here to the House of Representa- trillion. We’ve seen an additional $3 We’ve had the President move to tives to ensure that ObamaCare would trillion beyond our means that has shut down drilling offshore by Execu- be repealed, that the funding to been spent under this Obama adminis- tive order. We’ve seen Democrats, in ObamaCare would be shut off, and that tration, supported by NANCY PELOSI large numbers, oppose opening up we would see no more implementation and HARRY REID. ANWR for drilling, the Arctic National or enforcement of ObamaCare. The American people rose up, Mr. Wildlife Refuge. I’ve been for drilling And what has it brought us, these 87 Speaker. They knew that it was irre- up there for a long time. I’ve gone up new freshmen that stand together on sponsible and they filled up the town there. We drilled the North Slope in that one square? Here’s what it hall meetings. They saw what was hap- the early 1970s, and if it did anything brought us, Mr. Speaker: H.R. 2, pre- pening. The summer of, I guess, two or with the environment it enhanced it, it sumably the second-highest priority of three summers ago—and the year didn’t diminish it. And the strictest en- the new Speaker of the House—it might come to me and I can be con- vironmentalist we had couldn’t fly over brought us a new Speaker of the House, fident enough to speak it into the that country and point to a well and Speaker JOHN BOEHNER. And he sets RECORD—but we had an energy crisis. tell you how it had even defaced the the priorities, at least by tradition, for We had gas at $4 a gallon. I believe that landscape or broken up the scenery. the first 10 bills that come out of the was the summer of 2008 that gas was at The wells are submersible, they don’t House, H.R. 1 through 10. And H.R. 2, $4 a gallon. I went back and did town show up. There are not roads to each of the second-highest priority, was the hall meetings that filled up with peo- them. They go out on ice roads in the bill that repealed ObamaCare. ple. And they saw what was happening. winter time to service them. It’s a good The legislation that I introduced al- And there was an effort in this Con- place to go and develop oil in the North most 1 year ago and teamed up with gress to shut down access to energy, a Slope, and we need to go get it. MICHELE BACHMANN of Minnesota and belief that if energy costs went up, peo- We need to drill offshore. We need to others, including CONNIE MACK of Flor- ple would use less. And I remember the drill in the Bakken region in North Da- ida and Parker Griffith of Alabama—no Speaker, NANCY PELOSI, saying ‘‘I’m kota and Montana, and it spills over longer in this Congress—and a number trying to save the planet, I’m trying to into Canada. And we need to continue of others that were part of this original save the planet.’’ Well, I think she be- to bring Canadian oil down into the effort to introduce legislation to repeal lieved that she was trying to save the United States and refine it here and be ObamaCare, and many others that planet. And what I saw happening was the best trading partner for the Cana- signed on as cosponsors, and 178 that the actions were driving up the cost of dians that they could possibly ask for. signed the discharge petition to repeal energy. That $4 gas issue finally broke If we fail to do so, they will build a ObamaCare—the message was very and it started to spiral back down- pipeline to the west, and they will clear. H.R. 2 was debated and passed wards by the time of the election in pump that oil and the oil stands out to the House of Representatives in the 2008. tankers that will take that oil over to early stages here in the 112th Congress

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.108 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1517 in January, when it sent it over to the guage that I asked be written into H.R. the hill. Let’s stare the President United States Senate. That’s an impor- 1, the continuing resolution. It’s the down. Let’s stare HARRY REID down. If tant step. language that I tried to get offered we’re not willing to do that, they will Another important step is to do as here on the floor during H.R. 1 that was get everything that they’re willing to I’ve said since at least the middle of ruled out of order. And the amend- fight for. last summer: At every appropriations ments that I was able to get passed This is the time for this new House bill introduce language in that bill worked in compatibility with DENNY with these new 87 Republican fresh- that cuts off all funding that would be REHBERG of Montana and others— men. Every Republican that’s voted to used to implement or enforce DENNY REHBERG, who did very, very repeal and unfund ObamaCare now ObamaCare. That’s an essential part of good work on this appropriations bill, needs to help us take the hill and hold this. I had gone back and read through on H.R. 1. Without his work, we might the hill and stare the President down. the history of how this Congress shut not have had anything that was in Let’s fund the government so it func- down the funding for the Vietnam War order. Because of his work, we had tions legitimately, but let’s not cave in and shut off a war that had gone on for eight amendments that were in order to a President who may well shut down over a decade. They did so by putting that were voted on. Each of them cut the entire United States Government language in a continuing resolution off funding to ObamaCare in some in order to preserve his pet project, that shut off the Vietnam War. And it version or another. I compliment all of ObamaCare, which has been rejected by was language that said, in 1974—and my colleagues who worked on that. the American people and this Congress they started some of this in 1973, but in But now we’ve reached this point resoundingly. 1974 they said, Notwithstanding any where we’ve got to draw a line. H.R. 1 With that, Mr. Speaker, I thank you other provision of law, none of the took the hill. It said none of the funds for your attention and yield back the funds in this continuing resolution for in this bill are going to be used to im- balance of my time. appropriations during the Vietnam plement ObamaCare. No funds are f War, notwithstanding any other provi- going to go to fund Planned Parent- PUBLICATION OF COMMITTEE sion of law, none of the funds in this hood. No funds are going to be used to RULES AND BUDGETARY MATE- act and no funds heretofore appro- fund abortion anywhere in the world RIAL priated shall be used to carry out offen- out of this continuing resolution. sive or defensive operations in the air But that language was not included RULES OF THE COMMITTEE ON APPROPRIATIONS over the seas adjacent to or the land of in the continuing resolution that was FOR THE 112TH CONGRESS Vietnam or its adjacent countries. It’s passed night before last here in the FEBRUARY 15, 2011. a bit of a paraphrase, but it makes the House—or maybe it perhaps was last Hon. JOHN A. BOEHNER, point succinctly, I believe, Mr. Speak- night. My nights blur together. That Speaker, House of Representatives, Washington, language was not included. We need DC. er. DEAR MR. SPEAKER: Pursuant to clause 2 of better language that I’m suggesting b 1950 rule XI, I submit for publication in the CON- here included in the next CR. GRESSIONAL RECORD, the rules of the Com- When I read the debate on that ap- This government shuts down March mittee on Appropriations for the 112th Con- propriations bill and when I read the 18 if we don’t now extend its funding gress, adopted on February 8, 2011. language, that ‘‘notwithstanding’’ lan- again. I’d like to get a solution that Sincerely, guage that was put into the continuing takes us to the end of the fiscal year. HAROLD ROGERS, resolution that shut off the funds going But standing on the hill and defend- Chairman. to Vietnam to the point where bullets ing the hill to shut off all funding to that were being unloaded on the dock ObamaCare since every Republican in COMMITTEE ON APPROPRIATIONS at Da Nang presumably were loaded the House and the Senate has voted to SEC. 1: POWER TO SIT AND ACT back up again. None of the funds could repeal ObamaCare, everybody in the (a) For the purpose of carrying out any of be used to carry out offensive or defen- House has voted to cut off all funding its functions and duties under Rules X and sive operations. to ObamaCare at every opportunity— XI of the Rules of the House of Representa- It cut off the supply support for tives, the Committee and each of its sub- and that’s eight of them—we have this committees is authorized: South Vietnam’s military. And we opportunity now to write a new CR and (1) To sit and act at such times and places wondered why was it that they ran in to write the language into it that does within the United States whether the House the face of the North Vietnamese that unfund ObamaCare. Not just what’s in is in session, has recessed, or has adjourned, spring in 1975? They had nothing left to the CR, but what is automatically ap- and to hold such hearings as it deems nec- fight with, Mr. Speaker. Their muni- propriated. essary; and tions were gone. They were played out. There are automatic appropriations, (2) To require, by subpoena or otherwise, They didn’t have heavy weapons; they Mr. Speaker, that are in the the attendance and testimony of such witnesses and the production of such books, re- didn’t have light weapons that were ObamaCare legislation—I will say de- ports, correspondence, memorandums, pa- well supplied. And it brought about the ceptively written—that appropriate pers, and documents as it deems necessary. collapse of the South Vietnamese self- funds that go forward whether or not (b) The Chairman, or any Member des- defense. And millions died in the after- this House acts, goes forward in per- ignated by the Chairman, may administer math—not just in Vietnam. In Cam- petuity. Perpetuity. That means for- oaths to any witness. bodia and other places in Southeast ever, if anybody out there is wondering (c) A subpoena may be authorized and Asia. what it is. issued by the Committee or its subcommit- I disagreed with the decision that And for a 10-year period of time, tees under subsection (a)(2) in the conduct of any investigation or activity or series of in- this Congress made, but I do agree that there are automatic appropriations of vestigations or activities, only when author- the language in the continuing resolu- $105.5 billion over 10 years that auto- ized by a majority of the Members of the tion was effective in shutting off the matically fund the implementation and Committee voting, a majority being present. funding to the Vietnam war; and simi- enforcement of ObamaCare. If this The power to authorize and issue subpoenas lar language to the language that I’ve House doesn’t act to shut it off, under subsection (a)(2) may be delegated to crafted to go into the appropriation ObamaCare is implemented if we do the Chairman pursuant to such rules and bills from this point forward that says, nothing. Even if we pass the repeal, under such limitations as the Committee essentially, notwithstanding any other even if we don’t authorize any new may prescribe. Authorized subpoenas shall be signed by the Chairman or by any Member provision of law, none of the funds in funding, $105.5 billion gets spent to im- designated by the Committee. this act and no funds previously appro- plement it, which means that the roots (d) Compliance with any subpoena issued priated shall be used to carry out the of ObamaCare go deep. The deeper they by the Committee or its subcommittees may provisions of ObamaCare. go, the harder they are to rip out. be enforced only as authorized or directed by That’s the language that I sought to And I’ve said it must be ripped out by the House. introduce and asked the Rules Com- the roots. Let’s rip it out, Mr. Speaker, SEC. 2: SUBCOMMITTEES mittee to grant a waiver for—unsuc- in this next CR. Let’s retake the hill (a) The Majority Caucus of the Committee cessfully, I might add. That’s the lan- that we took with H.R. 1. Let’s hold shall establish the number of subcommittees

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.110 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1518 CONGRESSIONAL RECORD — HOUSE March 2, 2011 and shall determine the jurisdiction of each a written request to the Chairman for that clude a description of the amendment, mo- subcommittee. special meeting. Such request shall specify tion, or other proposition, and the name of (b) Each subcommittee is authorized to the measure or matter to be considered. each Member voting for and each Member meet, hold hearings, receive evidence, and Upon the filing of the request, the Com- voting against, and the names of those Mem- report to the Committee all matters referred mittee Clerk shall notify the Chairman. bers present but not voting. to it. (3) If within three calendar days after the (2) All hearings, records, data, charts, and (c) All legislation and other matters re- filing of the request, the Chairman does not files of the Committee shall be kept separate ferred to the Committee shall be referred to call the requested special meeting to be held and distinct from the congressional office the subcommittee of appropriate jurisdiction within seven calendar days after the filing of records of the Chairman of the Committee. within two weeks unless, by majority vote of the request, a majority of the Committee Such records shall be the property of the the Majority Members of the full Committee, Members may file in the Committee Offices House, and all Members of the House shall consideration is to be by the full Committee. their written notice that a special meeting have access thereto. (d) The Majority Caucus of the Committee will be held, specifying the date and hour of (3) The records of the Committee at the shall determine an appropriate ratio of Ma- such meeting, and the measure or matter to National Archives and Records Administra- jority to Minority Members for each sub- be considered. The Committee shall meet on tion shall be made available in accordance committee. The Chairman is authorized to that date and hour. with Rule VII of the Rules of the House, ex- negotiate that ratio with the Minority; Pro- (4) Immediately upon the filing of the no- cept that the Committee authorizes use of vided, however, That party representation in tice, the Committee Clerk shall notify all any record to which Clause 3 (b)(4) of Rule each subcommittee, including ex-officio Committee Members that such special meet- VII of the Rules of the House would other- members, shall be no less favorable to the ing will be held and inform them of its date wise apply after such record has been in ex- Majority than the ratio for the full Com- and hour and the measure or matter to be istence for 20 years. The Chairman shall no- mittee. considered. Only the measure or matter spec- tify the Ranking Minority Member of any (e) The Chairman and Ranking Minority ified in that notice may be considered at the decision, pursuant to Clause 3 (b)(3) or Member of the full Committee are each au- special meeting. Clause 4 (b) of Rule VII of the Rules of the thorized to sit as a member of all sub- (c) Vice Chairman To Preside in Absence of House, to withhold a record otherwise avail- committees and to participate, including Chairman—A member of the majority party able, and the matter shall be presented to voting, in all of the work of the subcommit- on the Committee or subcommittee thereof the Committee for a determination upon the tees. designated by the Chairman of the full Com- written request of any Member of the Com- SEC. 3: STAFFING mittee shall be vice chairman of the Com- mittee. (a) Committee Staff—The Chairman is au- mittee or subcommittee, as the case may be, (f) Availability of Amendments Adopted— thorized to appoint the staff of the Com- and shall preside at any meeting during the Not later than 24 hours after the adoption of mittee, and make adjustments in the job ti- temporary absence of the chairman. If the amendment to a bill or resolution, the Chair- tles and compensation thereof subject to the chairman and vice chairman of the Com- man shall cause the text of any amendment maximum rates and conditions established mittee or subcommittee are not present at adopted thereto to be made publicly avail- in Clause 9(c) of Rule X of the Rules of the any meeting of the Committee or sub- able in electronic form. committee, the ranking member of the ma- House of Representatives. In addition, he is SEC. 5: COMMITTEE AND SUBCOMMITTEE jority party who is present shall preside at authorized, in his discretion, to arrange for HEARINGS their specialized training. The Chairman is that meeting. (d) Business Meetings: (a) Overall Budget Hearings—Overall budg- also authorized to employ additional per- (1) Each meeting for the transaction of et hearings by the Committee, including the sonnel as necessary. business, including the markup of legisla- hearing required by Section 242 (c) of the (b) Assistants to Members: tion, of the Committee and its subcommit- Legislative Reorganization Act of 1970 and (1) Each Chairman and Ranking Minority tees shall be open to the public except when Clause 4 (a)(1) of Rule X of the Rules of the Member of a Subcommittee or the Full Com- the Committee or the subcommittee con- House of Representatives shall be conducted mittee, including a Chairman Emeritus may cerned, in open session and with a majority in open session except when the Committee select and designate one staff member who present, determines by roll call vote that all in open session and with a majority present, shall serve at the pleasure of that Member. or part of the remainder of the meeting on determines by roll call vote that the testi- (2) Notwithstanding, (b)(1) The Chairman mony to be taken at that hearing on that may prescribe such terms and conditions that day shall be closed. (2) No person other than Committee Mem- day may be related to a matter of national necessary to achieve a reduction in the numbers and such congressional staff and depart- security; except that the Committee may by ber of Assistants to Members previously des- mental representatives as they may author- the same procedure close one subsequent day ignated by a Member of the Committee prior ize shall be present at any business or mark- of hearing. A transcript of all such hearings to the adoption of the Rules of the House es- up session which has been closed. shall be printed and a copy furnished to each tablishing the Committee for the 112th Con- (3) The Chairman shall announce the date, Member, Delegate, and the Resident Com- gress. place, and subject matter of each committee missioner from Puerto Rico. (3) Staff members designated under this meeting for the transaction of business, (b) Other Hearings: subsection shall be compensated at a rate, which may not commence earlier than the (1) All other hearings conducted by the determined by the Member, not to exceed 75 third day on which members have notice Committee or its subcommittees shall be per centum of the maximum established in thereof, unless the Chairman, with the con- open to the public except when the Com- Clause 9(c) of Rule X of the Rules of the currence of the Ranking Minority Member, mittee or subcommittee in open session and House of Representatives. or the Committee by majority vote with a with a majority present determines by roll (4) Members designating staff members quorum present for the transaction of busi- call vote that all or part of the remainder of under this subsection must specifically cer- ness, determines there is good cause to begin that hearing on that day shall be closed to tify by letter to the Chairman that the em- the meeting sooner, in which case the Chair- the public because disclosure of testimony, ployees are needed and will be utilized for man shall make the announcement at the evidence, or other matters to be considered Committee work. earliest possible date. An announcement would endanger the national security or SEC. 4: COMMITTEE MEETINGS shall be published promptly in the Daily Di- would violate any law or Rule of the House (a) Regular Meeting Day—The regular gest and made publicly available in elec- of Representatives. Notwithstanding the re- meeting day of the Committee shall be the tronic form. quirements of the preceding sentence, a ma- first Wednesday of each month while the (4) At least 24 hours prior to the com- jority of those present at a hearing con- House is in session, unless the Committee mencement of a meeting for the markup of a ducted by the Committee or any of its sub- has met within the past 30 days or the Chair- bill or resolution, or at the time an an- committees, there being in attendance the man considers a specific meeting unneces- nouncement is made pursuant to the pre- number required under Section 5 (c) of these sary in the light of the requirements of the ceding subparagraph within 24 hours before Rules to be present for the purpose of taking Committee business schedule. such meeting, the Chairman shall cause the testimony, (1) may vote to close the hearing (b) Additional and Special Meetings: text of such bill or resolution to be made for the sole purpose of discussing whether (1) The Chairman may call and convene, as publicly available in electronic form. testimony or evidence to be received would he considers necessary, additional meetings (e) Committee Records: endanger the national security or violate of the Committee for the consideration of (1) The Committee shall keep a complete Clause 2 (k)(5) of Rule XI of the Rules of the any bill or resolution pending before the record of all Committee action, including a House of Representatives or (2) may vote to Committee or for the conduct of other Com- record of the votes on any question on which close the hearing, as provided in Clause 2 mittee business. The Committee shall meet a roll call is demanded. The result of each (k)(5) of such Rule. No Member of the House for such purpose pursuant to that call of the roll call vote shall be available for inspec- of Representatives may be excluded from Chairman. tion by the public during regular business nonparticipatory attendance at any hearing (2) If at least three Committee Members hours in the Committee Offices and also of the Committee or its subcommittees un- desire that a special meeting of the Com- made available in electronic form within 48 less the House of Representatives shall by mittee be called by the Chairman, those hours of such record vote. The information majority vote authorize the Committee or Members may file in the Committee Offices made available for public inspection shall in- any of its subcommittees, for purposes of a

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The report of the Committee accom- article of legislation or on a particular sub- under the five-minute rule or while the Com- panying such a bill or resolution shall inject of investigation, to close its hearings to mittee is in session. clude a separate section with respect to such Members by the same procedures designated (g) Public Notice of Committee Hearings— rescissions or transfers. in this subsection for closing hearings to the The Chairman of the Committee shall make (h) Listing of Unauthorized Appropria- public; Provided, however, That the Com- public announcement of the date, place, and tions—Each Committee report on a general mittee or its subcommittees may by the subject matter of any Committee or sub- appropriation bill shall contain a list of all same procedure vote to close five subsequent committee hearing at least one week before appropriations contained in the bill for any days of hearings. the commencement of the hearing. If the expenditure not currently authorized by law (2) Subcommittee chairmen shall coordi- Chairman of the Committee or sub- for the period concerned (except for classi- nate the development of schedules for meet- committee, with the concurrence of the fied intelligence or national security pro- ings or hearings after consultation with the ranking minority member of the Committee grams, projects, or activities) along with a Chairman and other subcommittee chairmen or respective subcommittee, determines statement of the last year for which such ex- with a view toward avoiding simultaneous there is good cause to begin the hearing penditures were authorized, the level of ex- scheduling of Committee and subcommittee sooner, or if the Committee or subcommittee penditures authorized for that year, the ac- meetings or hearings. so determines by majority vote, a quorum tual level of expenditures for that year, and (3) Each witness who is to appear before being present for the transaction of business, the level of appropriations in the bill for the Committee or any of its subcommittees the Chairman or subcommittee chairman such expenditures. as the case may be, insofar as is practicable, shall make the announcement at the earliest (i) Supplemental or Minority Views: shall file in advance of such appearance, a possible date. Any announcement made (1) If, at the time the Committee approves written statement of the proposed testimony under this subsection shall be promptly pub- any measure or matter, any Committee and shall limit the oral presentation at such lished in the Daily Digest and made publicly Member gives notice of intention to file sup- appearance to a brief summary, except that available in electronic form. plemental, minority, or additional views, the this provision shall not apply to any witness Member shall be entitled to not less than SEC. 6: PROCEDURES FOR REPORTING BILLS AND appearing before the Committee in the over- two additional calendar days after the day of RESOLUTIONS all budget hearings. such notice (excluding Saturdays, Sundays, (4) Each witness appearing in a nongovern- (a) Prompt Reporting Requirement: and legal holidays) in which to file such mental capacity before the Committee, or (1) It shall be the duty of the Chairman to views in writing and signed by the Member, any of its subcommittees as the case may be, report, or cause to be reported promptly to with the Clerk of the Committee. All such shall to the greatest extent practicable, sub- the House any bill or resolution approved by views so filed shall be included in and shall mit a written statement including a cur- the Committee and to take or cause to be be a part of the report filed by the Com- riculum vitae and a disclosure of the amount taken necessary steps to bring the matter to mittee with respect to that measure or mat- and source (by agency and program) of any a vote. ter. Federal grant (or subgrant thereof) or con- (2) In any event, a report on a bill or reso- (2) The Committee report on that measure tract (or subcontract thereof) received dur- lution which the Committee has approved or matter shall be printed in a single volume ing the current fiscal year or either of the shall be filed within seven calendar days (ex- which— two previous fiscal years by the witness or clusive of days in which the House is not in (i) shall include all supplemental, minor- by an entity represented by the witness. session) after the day on which there has ity, or additional views which have been sub- Such statements, with appropriate been filed with the Committee Clerk a writ- mitted by the time of the filing of the report, redactions to protect the privacy of wit- ten request, signed by a majority of Com- and nesses, shall be made publicly available in mittee Members, for the reporting of such (ii) shall have on its cover a recital that electronic form not later than one day after bill or resolution. Upon the filing of any such any such supplemental, minority, or addi- the witness appears. request, the Committee Clerk shall notify tional views are included as part of the re- (c) Quorum for Taking Testimony—The the Chairman immediately of the filing of port. number of Members of the Committee which the request. This subsection does not apply (3) This subsection does not preclude— shall constitute a quorum for taking testi- to the reporting of a regular appropriation (i) the immediate filing or printing of a mony and receiving evidence in any hearing bill or to the reporting of a resolution of in- Committee report unless timely request for of the Committee shall be two. quiry addressed to the head of an executive the opportunity to file supplemental, minor- (d) Calling and Interrogation of Witnesses: department. ity, or additional views has been made as (1) The Minority Members of the Com- (b) Presence of Committee Majority—No provided by such subsection; or mittee or its subcommittees shall be enti- measure or recommendation shall be re- (ii) the filing by the Committee of a sup- tled, upon request to the Chairman or sub- ported from the Committee unless a major- plemental report on a measure or matter committee chairman, by a majority of them ity of the Committee was actually present. which may be required for correction of any before completion of any hearing, to call (c) Roll Call Votes—With respect to each technical error in a previous report made by witnesses selected by the Minority to testify roll call vote on a motion to report any the Committee on that measure or matter. with respect to the matter under consider- measure or matter of a public character, and (4) If, at the time a subcommittee approves ation during at least one day of hearings on any amendment offered to the measure of any measure or matter for recommendation thereon. matter, the total number of votes cast for to the full Committee, any Member of that (2) The Committee and its subcommittees and against, and the names of those Mem- subcommittee who gives notice of intention shall observe the five-minute rule during the bers voting for and against, shall be included to offer supplemental, minority, or addi- interrogation of witnesses until such time as in the Committee report on the measure or tional views shall be entitled, insofar as is each Member of the Committee or sub- matter. practicable and in accordance with the print- committee who so desires has had an oppor- (d) Compliance With Congressional Budget ing requirements as determined by the sub- tunity to question the witness. Act—A Committee report on a bill or resolu- committee, to include such views in the (e) Broadcasting and Photographing of tion which has been approved by the Com- Committee Print with respect to that meas- Committee Meetings and Hearings—When- mittee shall include the statement required ure or matter. ever a hearing or meeting conducted by the by Section 308(a) of the Congressional Budg- (j) Availability of Reports—A copy of each full Committee or any of its subcommittees et Act of 1974, separately set out and clearly bill, resolution, or report shall be made is open to the public, those proceedings shall identified, if the bill or resolution provides available to each Member of the Committee be open to coverage by television, radio, and new budget authority. at least three calendar days (excluding Sat- still photography, as provided in Clause (4)(f) (e) Constitutional Authority Statement— urdays, Sundays, and legal holidays) in ad- of Rule XI of the Rules of the House of Rep- Each report of the Committee on a bill or vance of the date on which the Committee is resentatives. Neither the full Committee joint resolution of a public character shall to consider each bill, resolution, or report; Chairman or subcommittee chairman shall include a statement citing the specific pow- Provided, That this subsection may be limit the number of television or still cam- ers granted to the Congress in the Constitu- waived by agreement between the Chairman eras to fewer than two representatives from tion to enact the law proposed by the bill or and the Ranking Minority Member of the each medium (except for legitimate space or joint resolution. full Committee. safety, in which case pool coverage shall be (f) Changes in Existing Law—Each Com- (k) Performance Goals and Objectives— authorized). To the maximum practicable, mittee report on a general appropriation bill Each Committee report shall contain a the Committee shall provide audio and video shall contain a concise statement describing statement of general performance goals and coverage of each hearing or meeting for the fully the effect of any provision of the bill objectives, including outcome-related goals transaction of business in a manner that al- which directly or indirectly changes the ap- and objectives, for which the measure au- lows the public to easily listen to and view plication of existing law. thorizes funding. the proceedings and shall maintain the re- (g) Rescissions and Transfers—Each bill or (l) Motion to go to Conference—The Chair- cordings of such coverage in a manner that resolution reported by the Committee shall man is directed to offer a motion under is easily accessible to the public. include separate headings for rescissions and clause 1 of rule XXII of the Rules of the (f) Subcommittee Meetings—No sub- transfers of unexpended balances with all House whenever the Chairman considers it committee shall sit while the House is read- proposed rescissions and transfers listed appropriate.

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SEC. 7: VOTING ties to be reviewed by a task force con- applicable Federal law, and shall be open for (a) No vote by any Member of the Com- stituted pursuant to the preceding para- public inspection. mittee or any of its subcommittees with re- graph. (3) Each Member or employee performing spect to any measure or matter may be cast (c) A task force constituted under this sec- such travel shall be solely responsible for by proxy. tion shall provide a written report of its supporting the amounts reported by the (b) The vote on any question before the findings and recommendations to the Full Member or employee. (4) No report or statement as to any trip Committee shall be taken by the yeas and Committee Chairman and Ranking Member shall be publicized making any recommenda- nays on the demand of one-fifth of the Mem- and members of the relevant subcommittees tions in behalf of the Committee without the bers present. having jurisdiction over the matters reauthorization of a majority of the Com- (c) The Chairman of the Committee or the viewed. Such report shall be approved by a mittee. chairman of any of its subcommittees may— majority vote of the task force and shall include any supplemental, minority, or addi- (f) Members and staff of the Committee (1) postpone further proceedings when a performing authorized travel on official busi- record vote is ordered on the question of ap- tional views submitted by a Member of the task force or a member of a subcommittee ness pertaining to the jurisdiction of the proving a measure or matter or on adopting Committee shall be governed by applicable an amendment; having jurisdiction over the matter reviewed. laws or regulations of the House and of the (2) resume proceedings on a postponed Committee on House Administration per- question at any time after reasonable notice. (d) Any information obtained during the course of such investigation, and any report taining to such travel, and as promulgated When proceedings resume on a postponed from time to time by the Chairman. question, notwithstanding any intervening produced by, a task force pursuant to this SEC. 11. ACTIVITIES REPORTS: order for the previous question, an under- section, shall not be released until the Chair- (a) Not later than the 30th day after June lying proposition shall remain subject to fur- man of the Full Committee has authorized 1 and December 1, the Committee shall sub- ther debate or amendment to the same ex- such release. mit to the House a semiannual report on the tent as when the question was postponed. (e) The Chairman is authorized to appoint such staff, and, in his discretion, arrange for activities of the Committee. SEC. 8: STUDIES AND EXAMINATIONS the procurement of temporary services, as (b) After adjournment sine die of a regular The following procedure shall be applicable from time to time may be required. session of Congress, or after December 15, with respect to the conduct of studies and whichever occurs first, the Chairman may SEC. 10: OFFICIAL TRAVEL examinations of the organization and oper- file the second or fourth semiannual report ation of Executive Agencies under authority (a) The chairman of a subcommittee shall with the Clerk of the House at any time and contained in Section 202 (b) of the Legisla- approve requests for travel by subcommittee without the approval of the Committee, pro- tive Reorganization Act of 1946 and in Clause members and staff for official business with- vided that a copy of the report has been (3)(a) of Rule X of the Rules of the House of in the jurisdiction of that subcommittee. available to each Member of the Committee Representatives: The ranking minority member of a sub- for at least seven calendar days and the re- (a) The Chairman is authorized to appoint committee shall concur in such travel report includes any supplemental, minority, or such staff and, in his discretion, arrange for quests by minority members of that sub- additional views submitted by a Member of the procurement of temporary services of committee and the Ranking Minority Mem- the Committee. consultants, as from time to time may be re- ber shall concur in such travel requests for quired. Minority Members of the Committee. Re- COMMUNICATION FROM THE CHAIRMAN OF THE (b) Studies and examinations will be initi- quests in writing covering the purpose, COMMITTEE ON THE BUDGET REGARDING: ated upon the written request of a sub- itinerary, and dates of proposed travel shall REVISIONS TO THE AGGREGATES AND ALLOCA- committee which shall be reasonably specific be submitted for final approval to the Chair- TIONS OF THE FISCAL YEAR 2011 BUDGET RESO- and definite in character, and shall be initi- man. Specific approval shall be required for LUTION RELATED TO LEGISLATION REPORTED ated only by a majority vote of the sub- each and every trip. BY THE COMMITTEE ON WAYS AND MEANS committee, with the chairman of the sub- (b) The Chairman is authorized during the Mr. Speaker, pursuant to sections 3(d) of committee and the ranking minority mem- recess of the Congress to approve travel au- H. Res. 5, the resolution adopting the rules ber thereof participating as part of such ma- thorizations for Committee Members and for the One Hundred and Twelfth Congress, I jority vote. When so initiated such request staff, including travel outside the United hereby submit for printing in the Congres- shall be filed with the Clerk of the Com- States. sional Record revisions to the budget alloca- mittee for submission to the Chairman and (c) As soon as practicable, the Chairman tions and aggregates set forth pursuant to the Ranking Minority Member and their ap- shall direct the head of each Government the budget for fiscal year 2011 as set forth proval shall be required to make the same ef- agency concerned not to honor requests of under the provisions of that resolution. Ag- fective. Notwithstanding any action taken subcommittees, individual Members, or staff gregate levels of budget authority, outlays, on such request by the chairman and rank- for travel, the direct or indirect expenses of and revenue are revised and the allocation to ing minority member of the subcommittee, a which are to be defrayed from an executive House Committee on Ways and Means is also request may be approved by a majority of appropriation, except upon request from the revised, for fiscal year 2011, and the period of the Committee. Chairman. fiscal years 2011 through 2015. Corresponding (d) In accordance with Clause 8 of Rule X (c) Any request approved as provided under tables are attached. of the Rules of the House of Representatives subsection (b) shall be immediately turned This revision represents an adjustment and Section 502(b) of the Mutual Security over to the staff appointed for action. pursuant to sections 302 and 311 of the Con- Act of 1954, as amended, local currencies (d) Any information obtained by such staff gressional Budget Act of 1974, as amended owned by the United States shall be avail- shall be reported to the chairman of the sub- (Budget Act). For the purposes of the Budget able to Committee Members and staff en- committee requesting such study and exam- Act, these revised aggregates and allocations gaged in carrying out their official duties ination and to the Chairman and Ranking are to be considered as an aggregates and al- outside the United States, its territories, or Minority Member, shall be made available to locations included in the budget resolution, possessions. No Committee Member or staff the members of the subcommittee con- pursuant to section 3(d) of H. Res. 5. member shall receive or expend local cur- cerned, and shall not be released for publica- PAUL RYAN, rencies for subsistence in any country at a tion until the subcommittee so determines. Chairman, House Budget Committee. rate in excess of the maximum per diem rate (e) Any hearings or investigations which set forth in applicable Federal law. may be desired, aside from the regular hear- BUDGET AGGREGATES (e) Travel Reports: ings on appropriation items, when approved [On-budget amounts, in millions of dollars] (1) Members or staff shall make a report to by the Committee, shall be conducted by the the Chairman on their travel, covering the subcommittee having jurisdiction over the Fiscal year purpose, results, itinerary, expenses, and matter. other pertinent comments. 2011 2011–2015 SEC. 9: TEMPORARY INVESTIGATIVE TASK (2) With respect to travel outside the Current Aggregates: FORCES United States or its territories or posses- Budget Authority ...... 2,964,850 (1) (a) The Chairman of the Full Committee, sions, the report shall include: (1) an Outlays ...... 3,131,363 (1) Revenues ...... 1,662,481 11,420,669 in consultation with the Ranking Member of itemized list showing the dates each country Change for the Comprehensive 1099 Taxpayer the Full Committee, may establish and ap- was visited, the amount of per diem fur- Protection and Repayment of Exchange point members to serve on task forces of the nished, the cost of transportation furnished, Subsidy Overpayments Act of 2011 (H.R.704): Committee, to examine specific activities for and any funds expended for any other official Budget Authority ...... 0 (1) a limited period of time in accordance with purpose; and (2) a summary in these cat- Outlays ...... 0 (1) clause 5(b)2(C) of Rule X of the Rules of the egories of the total foreign currencies and/or Revenues ...... 0 ¥7,391 Revised Aggregates: House. appropriated funds expended. All such indi- Budget Authority ...... 2,964,850 (1) (b) The Chairman of the Full Committee vidual reports on foreign travel shall be filed Outlays ...... 3,131,363 (1) shall issue a written directive, in consulta- with the Chairman no later than sixty days Revenues ...... 1,662,481 11,413,278 tion with the Ranking Member of the Full following completion of the travel for use in 1 Not applicable because annual appropriations Acts for fiscal years 2011 Committee, delineating the specific activi- complying with reporting requirements in through 2015 will not be considered until future sessions of Congress.

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.046 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1521 DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal years, in millions of dollars]

2011 2011–2015 total House Committee on Ways & Means Budget authority Outlays Budget authority Outlays

Current allocation ...... 1,156,980 1,158,913 5,587,569 5,590,239 Change for the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (H.R. 704) ...... 0 0 ¥1,880 ¥1,880 Revised Allocation ...... 1,156,980 1,158,913 5,585,689 5,588,359

ENROLLED JOINT RESOLUTION 25686] received February 4, 2011, pursuant to mitting the Department’s final rule — En- SIGNED 5 U.S.C. 801(a)(1)(A); to the Committee on dangered and Threatened Wildlife and Energy and Commerce. Plants; Final Revised Critical Habitat for Karen L. Haas, Clerk of the House, 662. A letter from the Director, Office of Brodiaea filifolia (Thread-Leaved Brodiaea) reported and found truly enrolled a Congressional Affairs, Nuclear Regulatory [Docket No.: FWS-R8-ES-2009-0073] [MO joint resolution of the House of the fol- Commission, transmitting the Commission’s 92210-0-0009] (RIN: 1018-AW54) received Feb- lowing title, which was thereupon final rule — List of Approved Spent Fuel ruary 14, 2011, pursuant to 5 U.S.C. signed by the Speaker: Storage Casks: NUHOMS(R) HD System Re- 801(a)(1)(A); to the Committee on Natural vision 1 [NRC-2011-0002] (RIN: 3150-AI89) re- Resources. H.J. Res. 44. Joint Resolution making fur- ceived February 4, 2011, pursuant to 5 U.S.C. 670. A letter from the Regulatory and Pol- ther continuing appropriations for fiscal 801(a)(1)(A); to the Committee on Energy and icy Specialist, Department of the Interior, year 2011, and for other purposes. Commerce. transmitting the Department’s final rule — f 663. A letter from the Secretary, Depart- Indian Trust Management Reform — Imple- ment of the Treasury, transmitting a six- mentation of Statutory Changes [Docket ID: BILL PRESENTED TO THE month periodic report on the national emer- BIA-2009-0001] (RIN: 1076-AF07) received Feb- PRESIDENT gency with respect to Iran that was declared ruary 7, 2011, pursuant to 5 U.S.C. Karen L. Haas, Clerk of the House, in Executive Order 12957 of March 15, 1995, 801(a)(1)(A); to the Committee on Natural pursuant to 50 U.S.C. 1641(c); to the Com- Resources. reports that on March 2, 2011 she pre- mittee on Foreign Affairs. 671. A letter from the Chief, Branch of En- sented to the President of the United 664. A letter from the Deputy Assistant Ad- dangered Species Listing, Department of the States, for his approval, the following ministrator, Bureau for Legislative and Pub- Interior, transmitting the Department’s bill. lic Affairs, Agency for International Devel- final rule — Endangered and Threatened H.J. Res. 44. Making further continuing ap- opment, transmitting the Agency’s report on Wildlife and Plants; Revised Critical Habitat propriations for fiscal year 2011, and for the amount of acquisitions made from enti- for the Arroyo Toad [Docket No.: FWS-R8- other purposes. ties that manufacture the articles, mate- ES-2009-0069] [MO 92210-0-0009-B4] (RIN: 1018- rials, or supplies outside the United States AV89) received February 14, 2011, pursuant to f in Fiscal Year 2010; to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on ADJOURNMENT Foreign Affairs. Natural Resources. 665. A letter from the Chief, Branch of Per- 672. A letter from the Assistant Attorney Mr. KING of Iowa. Mr. Speaker, I mits and Regulations, Division of Migratory General, Department of Justice, transmit- move that the House do now adjourn. Bird Management, Department of the Inte- ting the Department’s report on the activi- The motion was agreed to; accord- rior, transmitting the Department’s final ties of the Community Relations Service, ingly (at 7 o’clock and 56 minutes rule — Migratory Bird Permits; States Dele- pursuant to 42 U.S.C. 2000g-3; to the Com- p.m.), under its previous order, the gated Falconry Permitting Authority; Tech- mittee on the Judiciary. House adjourned until tomorrow, nical Corrections to the Regulations [FWS- 673. A letter from the Senior Program Ana- R9-MB-2010-0064; 91200-1231-9BPP] (RIN: 1018- lyst, Department of Transportation, trans- Thursday, March 3, 2011, at 10 a.m. AX31) received February 14, 2011, pursuant to mitting the Department’s final rule — f 5 U.S.C. 801(a)(1)(A); to the Committee on Standard Instrument Approach Procedures, EXECUTIVE COMMUNICATIONS, Natural Resources. and Takeoff Minimums and Obstacle Depar- 666. A letter from the Chief, Branch of Per- ture Procedures; Miscellaneous Amendments ETC. mits and Regulations, Division of Migratory [Docket No.: 30768; Amdt. 3413] received Feb- Under clause 2 of rule XIV, executive Bird Management, Department of the Inte- ruary 15, 2011, pursuant to 5 U.S.C. communications were taken from the rior, transmitting the Department’s final 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: rule — Migratory Bird Permits; Removal of tation and Infrastructure. Rusty Blackbird and Tamaulipas (Mexican) 674. A letter from the Senior Program Ana- 657. A letter from the Under Secretary, De- Crow From the Depredation Order for Black- lyst, Department of Transportation, trans- partment of Defense, transmitting a report birds, Cowbirds, Grackles, Crows, and Mag- mitting the Department’s final rule — entitled ‘‘Report Regarding Effect on Mili- pies, and Other Changes to the Order [FWS- Standard Instrument Approach Procedures, tary Readiness Caused by Undocumented Im- R9-MB-2008-0064; 91200-1231-9BPP] (RIN: 1018- and Takeoff Minimums and Obstacle Depar- migrant Trespassing on Operation Ranges — AV66) received February 14, 2011, pursuant to ture Procedures; Miscellaneous Amendments Implementation Update’’; to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: 30765; Amdt. No. 3410] received on Armed Services. Natural Resources. February 15, 2011, pursuant to 5 U.S.C. 658. A letter from the Secretary, Depart- 667. A letter from the Chief, Branch of 801(a)(1)(A); to the Committee on Transpor- ment of the Treasury, transmitting a report Listing, Department of the Interior, trans- tation and Infrastructure. entitled ‘‘Reforming America’s Housing Fi- mitting the Department’s final rule — En- 675. A letter from the Senior Program Ana- nance Market’’; to the Committee on Finan- dangered and Threatened Wildlife and lyst, Department of Transportation, trans- cial Services. Plants; Revised Critical Habitat for the mitting the Department’s final rule — 659. A letter from the General Counsel, Preble’s Meadow Jumping Mouse in Colorado Standard Instrument Approach Procedures, Federal Housing Finance Agency, transmit- [Docket No.: FWS-R6-ES-2009-0013] [MO and Takeoff Minimums and Obstacle Depar- ting the Agency’s final rule — Office of the 92210-0-0009] (RIN: 1018-AW45) received Feb- ture Procedures; Miscellaneous Amendments Ombudsman (RIN: 2590-AA20) received Feb- ruary 14, 2011, pursuant to 5 U.S.C. [Docket No.: 30766; Amdt. No. 3411] received ruary 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural February 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Resources. 801(a)(1)(A); to the Committee on Transpor- Services. 668. A letter from the Acting Chief, Branch tation and Infrastructure. 660. A letter from the Program Analyst, of Recovery, USFWS, Department of the In- 676. A letter from the Senior Program Ana- Department of Transportation, transmitting terior, transmitting the Department’s final lyst, Department of Transportation, trans- the Department’s final rule — List of Non- rule — Endangered and Threatened Wildlife mitting the Department’s final rule — conforming Vehicles Decided to Be Eligible and Plants; Establishment of a Nonessential Amendment of Class E Airspace; Sturgis, KY for Importation [Docket No.: NHTSA-2007- Experimental Populations of Endangered [Docket No.: FAA-2010-0992; Airspace Docket 29271] received February 4, 2011, pursuant to Whooping Cranes in Southwestern Louisiana No. 10-ASO-36] received February 15, 2011, 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: FWS-R4-ES-2010-0057] [92220- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Energy and Commerce. 1113-0000-C3] (RIN: 1018-AX23) received Feb- mittee on Transportation and Infrastruc- 661. A letter from the Program Analyst, ruary 14, 2011, pursuant to 5 U.S.C. ture. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Natural 677. A letter from the Senior Program Ana- the Department’s final rule — List of Non- Resources. lyst, Department of Transportation, trans- conforming Vehicles Decided To Be Eligible 669. A letter from the Chief, Branch of mitting the Department’s final rule — Estab- for Importation [Docket No.: NHTSA-2006- Listing, Department of the Interior, trans- lishment of Low Altitude Area Navigation

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.048 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1522 CONGRESSIONAL RECORD — HOUSE March 2, 2011 Routes (T-281, T-283, T-285, T-286, and T-288); 08] (RIN: 2120-AA64) received February 15, 693. A letter from the Program Analyst, Nebraska and South Dakota [Docket No.: 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting FAA-2010-0688; Airspace Docket No. 09-AGL- Committee on Transportation and Infra- the Department’s final rule — Airworthiness 23] (RIN: 2120-AA66) received February 15, structure. Directives; Pratt & Whitney JT8D-7, -7A, -7B, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 686. A letter from the Program Analyst, -9, -9A, -11, -15, -15A, -17, -17A, -17R, and Committee on Transportation and Infra- Department of Transportation, transmitting -17AR Series Turbofan Engines [Docket No.: structure. the Department’s final rule — Airworthiness FAA-2010-0593; Directorate Identifier 98-ANE- 678. A letter from the Senoir Program Ana- Directives; Pratt & Whitney PW4000 Series 48-AD; Amendment 39-16584; AD 2011-03-01] lyst, Department of Transportation, trans- Turbofan Engines [Docket No.: FAA-2010- (RIN: 2120-AA64) received February 15, 2011, mitting the Department’s final rule — Air- 0596; Directorate Identifier 2010-NE-22-AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Cessna Aircraft Com- Amendment 39-16533; AD 2010-24-14] (RIN: mittee on Transportation and Infrastruc- pany (Type Certificate Previously Held by 2120-AA64) received February 15, 2011, pursu- ture. Columbia Aircraft Manufacturing (Pre- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 694. A letter from the Program Analyst, viously The Lancair Company)) Models LC40- on Transportation and Infrastructure. Department of Transportation, transmitting 550FG, LC41-550FG, and LC42-550FG Air- 687. A letter from the Program Analyst, the Department’s final rule — Airworthiness planes [Docket No.: FAA-2009-1186; Direc- Department of Transportation, transmitting Directives; GROB-WERKE GMBH & CO KG torate Identifier 2009-CE-065-AD; Amendment the Department’s final rule — Airworthiness Models G102 ASTIR CS, G102 CLUB ASTIR 39-16588; AD 2011-03-04] (RIN: 2120-AA64) re- Directives; The Boeing Company Model MD- III, G102 CLUB ASTIR IIIb, and G102 STAND- ceived February 15, 2011, pursuant to 5 U.S.C. 11 and MD-11F Airplanes [Docket No.: FAA- ARD ASTIR III Gliders [Docket No.: FAA- 801(a)(1)(A); to the Committee on Transpor- 2010-0228; Directorate Identifier 2009-NM-252- 2007-28435; Directorate Identifier 2007-CE-054- tation and Infrastructure. AD; Amendment 39-16574; AD 2011-02-01] (RIN: AD; Amendment 39-16556; AD 2011-01-03] (RIN: 679. A letter from the Senior Program Ana- 2120-AA64) received February 15, 2011, pursu- 2120-AA64) received February 15, 2011, pursu- lyst, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- on Transportation and Infrastructure. on Transportation and Infrastructure. worthiness Directives; Fokker Services B.V. 688. A letter from the Program Analyst, 695. A letter from the Program Analyst, Model F.28 Mark 0100, 1000, 2000, 3000, and Department of Transportation, transmitting Department of Transportation, transmitting 4000 Airplanes [Docket No.: FAA-2010-1114; the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Directorate Identifier 2010-NM-206-AD; Directives; The Boeing Company Model 757 Directives; The Boeing Company Model 727, Airplanes [Docket No.: FAA-2008-0295; Direc- Amendment 39-16591; AD 2011-03-07] (RIN: 727C, 727-100, 727-100C, 727-200, and 727-200F torate Identifier 2007-NM-298-AD; Amend- 2120-AA64) received February 15, 2011, pursu- Series Airplanes [Docket No.: FAA-2010-0646; ment 39-16576; AD 2011-02-03] (RIN: 2120-AA64) ant to 5 U.S.C. 801(a)(1)(A); to the Committee Directorate Identifier 2009-NM-223-AD; received February 15, 2011, pursuant to 5 on Transportation and Infrastructure. Amendment 39-16558; AD 2011-01-05] (RIN: U.S.C. 801(a)(1)(A); to the Committee on 680. A letter from the Senior Program Ana- 2120-AA64) received February 15, 2011, pursu- lyst, Department of Transportation, trans- Transportation and Infrastructure. 689. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Oper- Department of Transportation, transmitting on Transportation and Infrastructure. ations Specifications [Docket No.: FAA-2009- 696. A letter from the Program Analyst, the Department’s final rule — Airworthiness 0140; Amendment No. 45-27, 110-1, 119-14, 121- Department of Transportation, transmitting Directives; The Boeing Company Model DC- 353, 129-49, and 135-124] (RIN: 2120-AJ45) re- the Department’s final rule — Airworthiness 9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD- Directives; Empresa Brasileira de ceived February 15, 2011, pursuant to 5 U.S.C. 83), D-9-87 (MD-87), and MD-88 Airplanes Aeronautica S.A. (EMBRAER) Model EMB- 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2010-0549; Directorate 135BJ Airplanes [Docket No.: FAA-2008-1080; tation and Infrastructure. Identifier 2010-NM-109-AD; Amendment 39- 681. A letter from the Program Analyst, 16573; AD 2011-01-16] (RIN: 2120-AA64) received Directorate Identifier 2008-NM-118-AD; Department of Transportation, transmitting February 15, 2011, pursuant to 5 U.S.C. Amendment 39-16554; AD 2011-01-01] (RIN: the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- 2120-AA64) received February 15, 2011, pursu- Directives; Short Brothers PLC Model SD3 tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airplanes [Docket No.: FAA-2010-0225; Direc- 690. A letter from the Program Analyst, on Transportation and Infrastructure. torate Identifier 2009-NM-203-AD; Amend- Department of Transportation, transmitting 697. A letter from the Program Analyst, ment 39-16525; AD 2010-24-06] (RIN: 2120-AA64) the Department’s final rule — Airworthiness Department of Transportation, transmitting received February 15, 2011, pursuant to 5 Directives; Pilatus Aircraft Ltd. Models PC- the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on 6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, Directives; Airbus Model A300 B4-600, B4- Transportation and Infrastructure. PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, 600R, and F4-600R Series Airplanes, and 682. A letter from the Program Analyst, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2- Model C4-605R Variant F Airplanes (Collec- Department of Transportation, transmitting H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes tively Called A300-600 Series Airplanes) the Department’s final rule — Airworthiness [Docket No.: FAA-2010-1011; Directorate [Docket No.: FAA-2010-1278; Directorate Directives; The Boeing Company Model 727 Identifier 2010-CE-047-AD; Amendment 39- Identifier 2010-NM-260-AD; Amendment 39- Airplanes [Docket No.: FAA-2010-0677; Direc- 16571; AD 2011-01-14] (RIN: 2120-AA64) received 16567; AD 2011-01-13] (RIN: 2120-AA64) received torate Identifier 2010-NM-075-AD; Amend- February 15, 2011, pursuant to 5 U.S.C. February 15, 2011, pursuant to 5 U.S.C. ment 39-16578; AD 2011-02-05] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- received February 15, 2011, pursuant to 5 tation and Infrastructure. tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on 691. A letter from the Program Analyst, 698. A letter from the Program Analyst, Transportation and Infrastructure. Department of Transportation, transmitting Department of Transportation, transmitting 683. A letter from the Senior Program Ana- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness lyst, Department of Transportation, trans- Directives; Pilatus Aircraft Ltd. Models PC- Directives; Pratt & Whitney Canada Corp. mitting the Department’s final rule — 6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, (P&WC) PW305A and PW305B Turbofan En- Standard Instrument Procedures, and Take- PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, gines [Docket No.: FAA-2010-0829; Direc- off Minimums and Obstacle Departure Proce- PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2- torate Identifier 2010-NE-23-AD; Amendment dures; Miscellaneous Amendments [Docket H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes 39-16524; AD 2010-24-05] (RIN: 2120-AA64) re- No.: 30767; Amdt. No. 3412] received February [Docket No.: FAA-2009-0622; Directorate ceived February 15, 2011, pursuant to 5 U.S.C. 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Identifier 2009-CE-034-AD; Amendment 39- 801(a)(1)(A); to the Committee on Transpor- the Committee on Transportation and Infra- 16570; AD 2009-18-03 R1] (RIN: 2120-AA64) re- tation and Infrastructure. structure. ceived February 15, 2011, pursuant to 5 U.S.C. 699. A letter from the Program Analyst, 684. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Department of Transportation, transmitting tation and Infrastructure. the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 692. A letter from the Program Analyst, Directives; The Boeing Company Model 767- Directives; SOCATA Model TBM 700 Air- Department of Transportation, transmitting 300 Series Airplanes [Docket No.: FAA-2010- planes [Docket No.: FAA-2010-0948; Direc- the Department’s final rule — Airworthiness 0796; Directorate Identifier 2010-NM-007-AD; torate Identifier 2010-CE-041-AD; Amendment Directives; M7 Aerospace LP (Type Certifi- Amendment 39-16579; AD 2011-02-06] (RIN: 39-16575; AD 2011-02-02] (RIN: 2120-AA64) re- cate Previously Held by Fairchild Aircraft 2120-AA64) received February 15, 2011, pursu- ceived February 15, 2011, pursuant to 5 U.S.C. Incorporated) Models SA26-AT, SA26-T, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- SA226-AT, SA226-T, SA226-T(B), SA226-TC, on Transportation and Infrastructure. tation and Infrastructure. SA227-AC (C-26A), SA227-AT, SA227-BC (C- 700. A letter from the Program Analyst, 685. A letter from the Program Analyst, 26A), SA227-CC, SA227-DC (C-26B), and SA227- Department of Transportation, transmitting Department of Transportation, transmitting TT Airplanes [Docket No.: FAA-2011-0014; Di- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness rectorate Identifier 2010-CE-066-AD; Amend- Directives; Airbus Model A330-200 Series Air- Directives; Aircraft Industries a.s. Model L ment 39-16577; AD 2011-02-04] (RIN: 2120-AA64) planes Model; Model A330-300 Series Air- 23 Super Blanik Sailplanes [Docket No.: received February 15, 2011, pursuant to 5 planes; Model A340-200 Series Airplanes; and FAA-2011-0053; Directorate Identifier 2010- U.S.C. 801(a)(1)(A); to the Committee on Model A340-300 Series Airplanes [Docket No.: CE-073-AD; Amendment 39-16581; AD 2011-02- Transportation and Infrastructure. FAA-2011-0029; Directorate Identifier 2010-

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L02MR7.000 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE March 2, 2011 CONGRESSIONAL RECORD — HOUSE H1523 NM-279-AD; Amendment 39-16583; AD 2011-02- 711. A letter from the Program Analyst, By Mrs. LUMMIS: 09] (RIN: 2120-AA64) received February 15, Department of Transportation, transmitting H.R. 867. A bill to amend title II of the So- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Amendment of cial Security Act to set the retirement bene- Committee on Transportation and Infra- Class E Airspace; Lafayette, Purdue Univer- fits age for today’s four-year-olds at age 70; structure. sity Airport, IN [Docket No.: FAA-2010-1029; to the Committee on Ways and Means. 701. A letter from the Program Analyst, Airspace Docket No. 10-AGL-17] received By Mr. BISHOP of Utah (for himself Department of Transportation, transmitting February 16, 2011, pursuant to 5 U.S.C. and Mr. CHAFFETZ): the Department’s final rule — Revocation 801(a)(1)(A); to the Committee on Transpor- H.R. 868. A bill to amend title 13, United and Establishment of Compulsory Reporting tation and Infrastructure. States Code, to provide for the more accu- Points; Alaska [Docket No.: FAA-2010-1191; 712. A letter from the Chief, Publications rate and complete enumeration of certain Airspace Docket No. 10-AAL-22] received and Regulations Branch, Internal Revenue overseas Americans in the decennial census; February 15, 2011, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule to the Committee on Oversight and Govern- 801(a)(1)(A); to the Committee on Transpor- — Industry Director’s Directive (IDD) to ment Reform. tation and Infrastructure. Withdraw a Prior IDD on Foreign Sales Cor- By Mr. DENHAM (for himself, Mr. 702. A letter from the Program Analyst, poration (FSC) IRC Sec. 921-927 Bundle of CARDOZA, Mr. COSTA, Mr. MCCARTHY Department of Transportation, transmitting Rights in Software Issue (IDD dated Novem- of California, and Mr. NUNES): H.R. 869. A bill to clarify the definition of the Department’s final rule — Modification ber 14, 2003) [LB&I Control No.: LB&I-4-1110- flood control operations for the purposes of of Class E Airspace; Show Low, AZ [Docket 032] received February 7, 2011, pursuant to 5 the operation and maintenance of Project No.: FAA-2010-0903; Airspace Docket No. 09- U.S.C. 801(a)(1)(A); to the Committee on No. 2179 on the Lower Merced River; to the AWP-16] received February 15, 2011, pursuant Ways and Means. Committee on Natural Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on 713. A letter from the Chief, Publications By Mr. CONYERS: Transportation and Infrastructure. and Regulations Branch, Internal Revenue H.R. 870. A bill to establish the National 703. A letter from the Program Analyst, Service, transmitting the Service’s final rule Full Employment Trust Fund to create em- Department of Transportation, transmitting — Update for Weighted Average Interest ployment opportunities for the unemployed; the Department’s final rule — Amendment of Rates, Yield Curves, and Segments Rates to the Committee on Education and the VOR Federal Airways V-2 and V-12; Hawaii [Notice 2011-13] received February 7, 2011, Workforce, and in addition to the Committee [Docket No.: FAA-2010-1263; Airspace Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Ways and Means, for a period to be subse- No. 10-AWP-17] received February 15, 2011, mittee on Ways and Means. quently determined by the Speaker, in each pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 714. A letter from the Chief, Publications case for consideration of such provisions as mittee on Transportation and Infrastruc- and Regulations Branch, Internal Revenue fall within the jurisdiction of the committee ture. Service, transmitting the Service’s final rule concerned. 704. A letter from the Program Analyst, — Withholding on Wages of Nonresident By Mr. SHULER (for himself, Mr. Department of Transportation, transmitting Alien Employees Performing Services Within HUNTER, Mr. MANZULLO, Mr. BISHOP the Department’s final rule — Amendment of the United States [Notice 2011-12] received of Georgia, Mr. RIBBLE, Mr. MCKIN- Jet Route J-93; CA [Docket No.: FAA-2010- February 7, 2011, pursuant to 5 U.S.C. LEY, and Mr. LIPINSKI): 1022; Airspace Docket No. 10-AWP-4] received 801(a)(1)(A); to the Committee on Ways and H.R. 871. A bill to amend the Internal Rev- February 15, 2011, pursuant to 5 U.S.C. Means. enue Code of 1986 to make the credit for re- 801(a)(1)(A); to the Committee on Transpor- 715. A letter from the Commissioner, So- search activities permanent and to provide tation and Infrastructure. cial Security Administration, transmitting a an increase in such credit for taxpayers 705. A letter from the Program Analyst, consolidated report of the Administration’s whose gross receipts are predominantly from Department of Transportation, transmitting processing of continuing disability reviews domestic production activities; to the Com- the Department’s final rule — Establishment for FY 2009; to the Committee on Ways and mittee on Ways and Means. of Class E Airspace; Lucin, UT [Docket No.: Means. By Mr. GIBBS (for himself, Mrs. FAA-2010-1208; Airspace Docket No. 10-ANM- 716. A letter from the Chairman, Federal SCHMIDT, Mr. BACA, Mr. MICA, Mr. 16] received February 15, 2011, pursuant to 5 Election Commission, transmitting the Com- LUCAS, Mr. PETERSON, Mr. SIMPSON, U.S.C. 801(a)(1)(A); to the Committee on mission’s FY 2012 budget request, pursuant Mr. GRAVES of Missouri, Mr. ROSS of Transportation and Infrastructure. to 2 U.S.C. 437d(d)(1); jointly to the Commit- Arkansas, Mr. NEUGEBAUER, Mr. BOS- 706. A letter from the Program Analyst, tees on House Administration, Appropria- WELL, Mr. CRAWFORD, Mr. SABLAN, Department of Transportation, transmitting tions, and Oversight and Government Re- Mr. HERGER, Mr. KISSELL, Mr. SCHIL- the Department’s final rule — Establishment form. LING, Mr. COSTA, Mr. TIPTON, Mr. of Class E Airspace; Port Clarence, AK f OWENS, Mr. ROONEY, Mr. CARDOZA, [Docket No.: FAA-2010-0354; Airspace Docket and Mr. HOLDEN): No. 10-AAL-10] received February 15, 2011, REPORTS OF COMMITTEES ON H.R. 872. A bill to amend the Federal Insec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS ticide, Fungicide, and Rodenticide Act and mittee on Transportation and Infrastruc- the Federal Water Pollution Control Act to ture. Under clause 2 of rule XIII, reports of committees were delivered to the Clerk clarify Congressional intent regarding the 707. A letter from the Program Analyst, regulation of the use of pesticides in or near Department of Transportation, transmitting for printing and reference to the proper navigable waters, and for other purposes; to the Department’s final rule — Amendment of calendar, as follows: the Committee on Transportation and Infra- Class E Airspace; Richmond, IN [Docket No.: Mr. UPTON: Committee on Energy and structure, and in addition to the Committee FAA-2010-1033; Airspace Docket No. 10-AGL- Commerce. H.R. 525. A bill to amend the on Agriculture, for a period to be subse- 21] received February 16, 2011, pursuant to 5 Public Health Service Act to enhance and in- quently determined by the Speaker, in each U.S.C. 801(a)(1)(A); to the Committee on crease the number of veterinarians trained case for consideration of such provisions as Transportation and Infrastructure. in veterinary public health (Rept. 112–22). fall within the jurisdiction of the committee 708. A letter from the Program Analyst, Referred to the Committee of the Whole concerned. Department of Transportation, transmitting House on the State of the Union. By Mr. LEWIS of Georgia: the Department’s final rule — Establishment Mr. UPTON: Committee on Energy and H.R. 873. A bill to improve the safety of of Class E Airspace; New Hampton, IA [Dock- Commerce. H.R. 528. A bill to require the motorcoaches and for other purposes; to the et No.: FAA-2010-1035; Airspace Docket No. submission of a report to the Congress on Committee on Transportation and Infra- 10-ACE-12] received February 16, 2011, pursu- parasitic disease among poor Americans structure, and in addition to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee (Rept. 112–23). Referred to the Committee of on Energy and Commerce, for a period to be on Transportation and Infrastructure. the Whole House on the State of the Union. subsequently determined by the Speaker, in 709. A letter from the Program Analyst, Mr. UPTON: Committee on Energy and each case for consideration of such provi- Department of Transportation, transmitting Commerce. H.R. 570. A bill to amend the sions as fall within the jurisdiction of the the Department’s final rule — Amendment of Public Health Service Act to enhance the committee concerned. Class E Airspace; Greensburg, IN [Docket roles of dentists and allied dental personnel By Mr. OWENS (for himself, Mr. No.: FAA-2010-1028; Airspace Docket No. 10- in the Nation’s disaster response framework, COURTNEY, and Mr. HANNA): AGL-16] received February 16, 2011, pursuant and for other purposes (Rept. 112–24). Re- H.R. 874. A bill to amend the Consolidated to 5 U.S.C. 801(a)(1)(A); to the Committee on ferred to the Committee of the Whole House Farm and Rural Development Act to expand Transportation and Infrastructure. on the State of the Union. eligibility for Farm Service Agency loans; to 710. A letter from the Program Analyst, the Committee on Agriculture. Department of Transportation, transmitting f By Mr. BURTON of Indiana (for him- the Department’s final rule — Amendment of PUBLIC BILLS AND RESOLUTIONS self, Mr. AKIN, Mr. HENSARLING, Mr. Class E Airspace; La Porte, IN [Docket No.: LAMBORN, Mr. HALL, Mr. JONES, Mr. FAA-2010-1030; Airspace Docket No. 10-AGL- Under clause 2 of rule XII, public BARTON of Texas, Mr. WILSON of 18] received February 16, 2011, pursuant to 5 bills and resolutions of the following South Carolina, Mr. ALEXANDER, Mr. U.S.C. 801(a)(1)(A); to the Committee on titles were introduced and severally re- PAUL, Mr. LATTA, Mr. BARTLETT, Mr. Transportation and Infrastructure. ferred, as follows: ROSS of Florida, and Mr. JORDAN):

VerDate Mar 15 2010 06:09 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L02MR7.000 H02MRPT1 pwalker on DSKD5P82C1PROD with HOUSE H1524 CONGRESSIONAL RECORD — HOUSE March 2, 2011 H.R. 875. A bill to amend title 28, United By Ms. NORTON (for herself and Mr. all appropriate measures to ensure the con- States Code, to limit Federal court jurisdic- MORAN): tinuation of its 6-day mail delivery service; tion over questions under the Defense of H.R. 884. A bill continuing appropriations to the Committee on Oversight and Govern- Marriage Act; to the Committee on the Judi- of local funds of the District of Columbia ment Reform. ciary. during fiscal year 2011; to the Committee on By Ms. LEE of California: By Mrs. CAPPS (for herself and Mr. Appropriations. H. Res. 138. A resolution supporting the LATOURETTE): By Mr. VAN HOLLEN (for himself, Mr. goals and ideals of Multiple Sclerosis Aware- H.R. 876. A bill to amend title XVIII of the PETRI, and Mr. WALZ of Minnesota): ness Week; to the Committee on Energy and Social Security Act to provide for patient H.R. 885. A bill to improve and expand geo- Commerce. protection by establishing safe nurse staffing graphic literacy among kindergarten By Mr. MANZULLO (for himself, Mr. levels at certain Medicare providers, and for through grade 12 students in the United DANIEL E. LUNGREN of California, Mr. other purposes; to the Committee on Energy States by improving professional develop- BRADY of Texas, Mr. FALEOMAVAEGA, and Commerce, and in addition to the Com- ment programs for kindergarten through Mr. CROWLEY, Mr. MEEKS, Mr. mittee on Ways and Means, for a period to be grade 12 teachers offered through institu- LARSEN of Washington, and Mr. subsequently determined by the Speaker, in tions of higher education; to the Committee SABLAN): each case for consideration of such provi- on Education and the Workforce. H. Res. 139. A resolution expressing condo- sions as fall within the jurisdiction of the By Mr. WOMACK (for himself, Mr. lences to the people of New Zealand for the committee concerned. ROSS of Arkansas, Mr. GRIFFIN of Ar- terrible loss of life and property suffered as By Mr. CLAY (for himself and Mrs. kansas, Mr. CRAWFORD, Mrs. a result of the deadly earthquake that EMERSON): BLACKBURN, Mr. WESTMORELAND, Mrs. struck on February 22, 2011; to the Com- H.R. 877. A bill to express the sense of Con- MALONEY, Mr. RANGEL, Mr. COFFMAN mittee on Foreign Affairs. gress that Federal job training programs of Colorado, Ms. NORTON, and Mr. f that target older adults should work with MCKINLEY): nonprofit organizations that have a record of H.R. 886. A bill to require the Secretary of CONSTITUTIONAL AUTHORITY success in developing and implementing re- the Treasury to mint coins in commemora- STATEMENT tion of the 225th anniversary of the estab- search-based technology curriculum de- Pursuant to clause 7 of rule XII of signed specifically for older adults; to the lishment of the Nation’s first Federal law en- Committee on Education and the Workforce. forcement agency, the United States Mar- the Rules of the House of Representa- By Mr. DEUTCH: shals Service; to the Committee on Finan- tives, the following statements are sub- H.R. 878. A bill to amend the Internal Rev- cial Services. mitted regarding the specific powers enue Code of 1986 to provide a credit to indi- By Mr. YOUNG of Alaska (for himself granted to Congress in the Constitu- viduals for legal expenses paid with respect and Mr. HASTINGS of Washington): tion to enact the accompanying bill or to establishing guardianship of a disabled in- H.R. 887. A bill to direct the Secretary of joint resolution. dividual; to the Committee on Ways and the Interior to submit a report on Indian Means. land fractionation, and for other purposes; to By Mrs. LUMMIS: H.R. 867. By Mr. HELLER (for himself and Ms. the Committee on Natural Resources, and in Congress has the power to enact this legis- WASSERMAN SCHULTZ): addition to the Committee on the Judiciary, lation pursuant to the following: H.R. 879. A bill to amend the Internal Rev- for a period to be subsequently determined Article I, Section 8, Clause 1 of the U.S. enue Code of 1986 to allow refunds of Federal by the Speaker, in each case for consider- Constitution. motor fuel excise taxes on fuels used in mo- ation of such provisions as fall within the ju- By Mr. BISHOP of Utah: bile mammography vehicles; to the Com- risdiction of the committee concerned. H.R. 868. mittee on Ways and Means. By Ms. BORDALLO (for herself, Mr. Congress has the power to enact this legis- By Mr. HERGER (for himself, Mr. FALEOMAVAEGA, Mr. SABLAN, Mr. lation pursuant to the following: KIND, Mr. REICHERT, Mr. DENT, Mr. PIERLUISI, Mr. HONDA, and Ms. Article I, Section 2. ‘‘The actual Enumera- GRAVES of Missouri, Mr. HARPER, and HANABUSA): tion . . . within every subsequent Term of Mr. PAUL): H.R. 888. A bill to amend title VIII of the ten Years, in such Manner as they shall by H.R. 880. A bill to amend the Internal Rev- Elementary and Secondary Education Act of Law direct.’’ enue Code of 1986 to make permanent the de- 1965 to provide financial assistance to local By Mr. DENHAM: duction for health insurance costs in com- educational agencies that educate alien chil- H.R. 869. puting self-employment taxes; to the Com- dren admitted to the United States as citi- Congress has the power to enact this legis- mittee on Ways and Means. zens of one of the Freely Associated States; lation pursuant to the following: By Mr. HUNTER: to the Committee on Education and the Article I, Section 8, Clause 3. H.R. 881. A bill to amend title III of the Workforce. Page 311 U.S. 426. Americans with Disabilities Act of 1990 to re- By Ms. EDDIE BERNICE JOHNSON of ‘‘In our view, it cannot properly be said quire a plaintiff to provide a defendant with Texas (for herself, Mr. STARK, Mr. that the constitutional power of the United an opportunity to correct a violation of such REYES, Mr. MARKEY, Ms. EDWARDS, States over its waters is limited to control title voluntarily before the plaintiff may Ms. FUDGE, Mr. HONDA, Mr. HINOJOSA, for navigation. By navigation, respondent commence a civil action, and for other pur- Mr. TONKO, Mr. HOLT, Mr. WU, Mr. means no more than operation of boats and poses; to the Committee on the Judiciary. DAVIS of Illinois, Ms. WASSERMAN improvement of the waterway itself. In By Mr. JOHNSON of Illinois: SCHULTZ, Ms. WOOLSEY, Ms. WILSON truth, the authority of the United States is H.R. 882. A bill to require that any local of Florida, Mr. GRIJALVA, and Ms. the regulation of commerce on its waters. currencies used to provide per diems to NORTON): Navigability, in the sense just stated, is but Members and employees of Congress for offi- H.R. 889. A bill to provide for fulfilling the a part of this whole. Flood protection, water- cial foreign travel for a fiscal year be ob- potential of women in academic science and shed development, recovery of the cost of tained by Congress and paid for using funds engineering, and for other purposes; to the improvements through utilization of power appropriated for salaries and expenses of Committee on Science, Space, and Tech- are likewise parts of commerce control.’’ Congress for the fiscal year, to enhance the nology. By Mr. CONYERS: disclosure of information on official foreign By Ms. ROS-LEHTINEN (for herself H.R. 870. travel of Members, officers, and employees of and Mr. DEUTCH): Congress has the power to enact this legis- the House of Representatives, and for other H.R. 890. A bill to allow for the enforce- lation pursuant to the following: purposes; to the Committee on House Admin- ment of State disclosure laws and access to This bill is enacted pursuant to Article I, istration, and in addition to the Committee courts for covered Holocaust-era insurance Section 8, Clause 1 of the United States Con- on Rules, for a period to be subsequently de- policy claims; to the Committee on Foreign stitution. termined by the Speaker, in each case for Affairs, and in addition to the Committee on By Mr. SHULER: consideration of such provisions as fall with- the Judiciary, for a period to be subse- H.R. 871. in the jurisdiction of the committee con- quently determined by the Speaker, in each Congress has the power to enact this legis- cerned. case for consideration of such provisions as lation pursuant to the following: By Ms. LEE of California: fall within the jurisdiction of the committee Article I, Section 8. Clause 1: The Congress H.R. 883. A bill to expand and enhance ex- concerned. shall have Power to lay and collect Taxes, isting adult day programs for people with By Mr. CLAY: Duties, Imposts and Excises, to pay the neurological diseases or conditions (such as H. Res. 136. A resolution supporting the Debts and provide for the common Defence multiple sclerosis, Parkinson’s disease, trau- goals and ideals of National Minority Donor and general Welfare of the United States; but matic brain injury, or other similar diseases Awareness Day; to the Committee on Energy all Duties, Imposts and Excises shall be uni- or conditions) to support and improve access and Commerce. form throughout the United States. to respite services for family caregivers who By Mr. GRAVES of Missouri: By Mr. GIBBS: are taking care of such people, and for other H. Res. 137. A resolution expressing the H.R. 872. purposes; to the Committee on Energy and sense of the House of Representatives that Congress has the power to enact this legis- Commerce. the United States Postal Service should take lation pursuant to the following:

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This bill is enacted pursuant to the power and a regular Statement and Account of the H.R. 237: Ms. BERKLEY, Mr. REYES, and Mr. granted to Congress under Article I, Section Receipts and Expenditures of all public MURPHY of Connecticut. 8, Clause 3 of the United States Constitution. Money shall be published from time to H.R. 283: Mr. CONYERS, Mr. FILNER, and Ms. By Mr. LEWIS of Georgia: time.’’ WILSON of Florida. H.R. 873. By Ms. LEE of California: H.R. 284: Ms. FUDGE, Ms. SCHAKOWSKY, Mr. Congress has the power to enact this legis- H.R. 883. MCNERNEY, Ms. WATERS, Mr. LEWIS of Geor- lation pursuant to the following: Congress has the power to enact this legis- gia, Ms. WILSON of Florida, and Ms. ROYBAL- This bill is enacted pursuant to the power lation pursuant to the following: ALLARD. granted to Congress under Article I of the This bill is enacted pursuant to the power H.R. 287: Mr. COURTNEY, Mr. HOLT, Mr. United States Constitution and its subse- granted to Congress under Article I of the TOWNS, Mr. CONYERS, Mrs. NAPOLITANO, Mr. quent amendments, and further clarified and United States Constitution and its subse- GUTIERREZ, Mr. HASTINGS of Florida, Mr. interpreted by the Supreme Court of the quent amendments, and further clarified and BLUMENAUER, Mrs. MCCARTHY of New York, United States. interpreted by the Supreme Court of the and Mr. CARNAHAN. By Mr. OWENS: United States. H.R. 397: Ms. FOXX. H.R. 874. By Ms. NORTON: H.R. 421: Mr. OLSON. Congress has the power to enact this legis- H.R. 884. H.R. 428: Mr. MCCOTTER. lation pursuant to the following: Congress has the power to enact this legis- H.R. 432: Mr. DEUTCH. This bill is enacted pursuant to the power lation pursuant to the following: H.R. 436: Mr. SCHWEIKERT. granted to Congress under Article I, Section Clause 17 of section 8 of Article I of the H.R. 459: Mr. LATHAM. 8, of the United States Constitution. Constitution. H.R. 482: Mr. DESJARLAIS. By Mr. BURTON of Indiana: By Mr. VAN HOLLEN: H.R. 515: Mr. MCCOTTER. H.R. 875. H.R. 885. H.R. 535: Mr. GRIJALVA and Ms. HIRONO. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 584: Mr. DEUTCH. lation pursuant to the following: lation pursuant to the following: H.R. 587: Mr. KILDEE. Article III and Amendment X. This bill is enacted pursuant to Clause 1 of H.R. 589: Mr. SIRES, Mr. ROTHMAN of New By Mrs. CAPPS: Section 8 of Article I of the United States Jersey, Ms. CHU, Ms. DELAURO, and Mr. H.R. 876. Constitution. WATT. Congress has the power to enact this legis- By Mr. WOMACK: H.R. 606: Mr. GUINTA. lation pursuant to the following: H.R. 886. H.R. 658: Mr. GUINTA. Article I, Section 8, Clause 1 of the United Congress has the power to enact this legis- States Constitution. lation pursuant to the following: H.R. 673: Mr. GRIJALVA, Mr. REED, and Mr. Article I, Section 8, Clause 18 of the United Article I, Section 8, Clause 5 states ‘‘The WITTMAN. States Constitution. Congress shall have Power . . . To coin H.R. 679: Mr. LOBIONDO. By Mr. CLAY: Money, regulate the Value thereof, and of H.R. 690: Mr. GUINTA. H.R. 877. foreign Coin, and fix the Standard of Weights H.R. 692: Mr. SAM JOHNSON of Texas, Mr. Congress has the power to enact this legis- and Measures.’’ BARTLETT, Mr. CARTER, and Mr. GRAVES of lation pursuant to the following: By Mr. YOUNG of Alaska: Georgia. This bill is enacted pursuant to the power H.R. 887. H.R. 694: Mr. BURGESS. granted to Congress under Article I, Section Congress has the power to enact this legis- H.R. 735: Mr. NEUGEBAUER, Mr. WITTMAN, 8, Clause 2 of the United States Constitution. lation pursuant to the following: Mr. RIBBLE, Mr. WOLF, and Mr. GUINTA. Legislative Powers. Article I, Section 8, Clause 3. H.R. 750: Mr. JORDAN, Mr. BURTON of Indi- Article I, Section 8, Clause 2. By Ms. BORDALLO: ana, Mr. GOHMERT, Mrs. SCHMIDT, and Mr. The Congress shall have Power to regulate H.R. 888. CHABOT. Commerce with foreign Nations, and among Congress has the power to enact this legis- H.R. 771: Mr. GENE GREEN of Texas, Mr. the several States, and with the Indian lation pursuant to the following: GONZALEZ, Mr. REYES, Mr. DOGGETT, and Mr. Tribes. Clause 2 of Section 3 of Article 4. AL GREEN of Texas. By Mr. DEUTCH: H.R. 773: Mr. GRIJALVA. H.R. 878. By Ms. EDDIE BERNICE JOHNSON of H.R. 782: Mr. DUNCAN of Tennessee, Mr. Congress has the power to enact this legis- Texas: MCKINLEY, and Mr. FLORES. lation pursuant to the following: H.R. 889. H.R. 800: Mr. YOUNG of Florida, Mr. Article I, Section 8, Clause 1 of the U.S. Congress has the power to enact this legis- NUGENT, Mr. LONG, Mrs. MYRICK, Mr. Constitution. lation pursuant to the following: COFFMAN of Colorado, and Mr. GINGREY of By Mr. HELLER: Article I, Section 8 of the Constitution of Georgia. H.R. 879. the United States. H.R. 808: Mr. WU. Congress has the power to enact this legis- By Ms. ROS-LEHTINEN: H.R. 816: Mr. CARDOZA. lation pursuant to the following: H.R. 890. The Congress enacts this bill pursuant to Congress has the power to enact this legis- H.R. 822: Mr. BOREN, Mr. ROSS of Arkansas, Clause 1 of Section 8 of Article I of the lation pursuant to the following: Mr. GRAVES of Missouri, Mr. HUELSKAMP, Mr. United States Constitution and Amendment Article I, Section 8 of the Constitution. GIBSON, Mr. HELLER, Mr. OWENS, Mr. COFFMAN of Colorado, Mr. LAMBORN, Mr. XVI of the United States Constitution. f By Mr. HERGER: DUNCAN of Tennessee, Mrs. SCHMIDT, Mr. H.R. 880. ADDITIONAL SPONSORS WESTMORELAND, Mr. ROGERS of Alabama, Mr. Congress has the power to enact this legis- GINGREY of Georgia, Mr. YOUNG of Alaska, Under clause 7 of rule XII, sponsors Mrs. BACHMANN, Mr. BURTON of Indiana, Mr. lation pursuant to the following: were added to public bills and resolu- Article I, Section 8, Clause 1. GARRETT, Mr. COLE, Mr. DIAZ-BALART, Mr. By Mr. HUNTER: tions as follows: BOSWELL, Mr. MILLER of Florida, Mr. BARTON H.R. 881. H.R. 5: Mrs. CAPITO. of Texas, Mr. CARTER, and Mr. PENCE. Congress has the power to enact this legis- H.R. 11: Mr. HINCHEY. H.R. 837: Mr. FARENTHOLD. lation pursuant to the following: H.R. 27: Mrs. BIGGERT. H.R. 838: Mr. PAULSEN. The constitutional authority for the ADA H.R. 99: Mr. ROSS of Florida. H.R. 863: Mr. GRIJALVA, Ms. BORDALLO, and Notification Act is: Section 8, Clause 1 of Ar- H.R. 100: Mr. FLORES, Mr. JONES, and Mr. Mr. SABLAN. ticle I; Section 8, Clause 18 of Article I. CARTER. H. Con. Res. 23: Mr. HUIZENGA of Michigan, By Mr. JOHNSON of Illinois: H.R. 104: Mr. WALDEN. Mr. PASCRELL, and Mr. PLATTS. H.R. 882. H.R. 140: Mr. FLORES. H. Res. 60: Mr. PIERLUISI, Mr. DIAZ-BALART, Congress has the power to enact this legis- H.R. 152: Mr. FLORES. Mr. BILIRAKIS, Mr. GOHMERT, Mr. ROSS of lation pursuant to the following: H.R. 153: Mr. YODER. Florida, Mr. HASTINGS of Florida, Mr. Article I, Section 9. ‘‘No Money shall be H.R. 154: Mr. GARDNER. QUIGLEY, Mr. HINCHEY, and Mr. KILDEE. drawn from the Treasury, but in Con- H.R. 205: Mr. BOREN. H. Res. 95: Mr. MCCOTTER. sequence of Appropriations made by Law; H.R. 217: Mr. PALAZZO. H. Res. 134: Ms. BERKLEY.

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Vol. 157 WASHINGTON, WEDNESDAY, MARCH 2, 2011 No. 30 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. Yesterday the House acted and soon called to order by the Honorable GILLIBRAND, a Senator from the State of New the Senate will act as well. Our prior- KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. ities are twofold: One, keeping the the State of New York. DANIEL K. INOUYE, country running so essential services President pro tempore. do not get interrupted—and certainly PRAYER Mrs. GILLIBRAND thereupon as- they should not be interrupted—at a The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President time we can least afford it. fered the following prayer: pro tempore. We have 2 more weeks to do this. We Let us pray. f have heard today in the news that JOHN Lord God of the nations, Your word RECOGNITION OF THE MAJORITY MCCAIN’s economic adviser said if the declares: ‘‘Righteousness exalts a na- LEADER Republicans continue going on the tion but sin is a reproach to any peo- route they have talked about, it will ple.’’ May our lawmakers and the citi- The ACTING PRESIDENT pro tem- eliminate 700,000 jobs in this struggling zens of this great land strive to please pore. The majority leader is recog- economy. Goldman Sachs issued a You through right living and submis- nized. study yesterday indicating it would sion to Your will. Help us to flee from f hurt the gross national product by up the dead end path of transgression that to 2 percent, and that is devastating. SCHEDULE leads to national ruin. Enable us to So our priorities are twofold: One, turn from thoughts, words, and deeds Mr. REID. Madam President, fol- keeping the country running so essen- that violate Your precepts and com- lowing any leader remarks, the Senate tial services do not get interrupted at a mands. will proceed to a period of morning time we can least afford it; and, two, Lord, fill our Senators with a hunger business until 11 a.m. today. During equally as important, we need to lay for holiness and a hatred of evil. En- that time, Senators will be permitted the groundwork with a budget that in- large their influence and use them for to speak for up to 10 minutes each. The vests in what works and cuts what Your glory. Reinforce them by the con- Republicans will control the first 30 doesn’t. We have to begin to bring stant assurance of Your presence. minutes, the majority will control the down the deficit without forfeiting our We pray in Your great Name. Amen. next 30 minutes, and the remaining future. f time until 11 a.m. will be equally di- This has not been an easy process. vided and controlled between the two But we need to set aside partisan moti- PLEDGE OF ALLEGIANCE leaders or their designees, with the ma- vations and remember we work for the The Honorable KIRSTEN E. jority controlling the final half. American people, not our political par- GILLIBRAND led the Pledge of Alle- At 11 a.m., the Senate will proceed to ties. I am pleased the Republicans have giance, as follows: vote on passage of the 2-week con- agreed with the President’s suggested I pledge allegiance to the Flag of the tinuing resolution. Upon disposition of cuts and dropped all those riders—pro- United States of America, and to the Repub- that matter, the Senate will resume visions meant only to send messages, lic for which it stands, one nation under God, consideration of the America Invents only to create unnecessary hurdles, indivisible, with liberty and justice for all. Act. Additional rollcall votes in rela- and kill progress. f tion to amendments to the America In- We are going to keep working toward APPOINTMENT OF ACTING vents Act are expected to occur a solution. This time around, it may PRESIDENT PRO TEMPORE throughout the day. not include everything Democrats want or everything Republicans want. The PRESIDING OFFICER. The f But we need to have a compromise clerk will please read a communication BUDGETING AND JOBS which will be part of an ongoing con- to the Senate from the President pro Mr. REID. Madam President, we have versation. Just like our overarching tempore (Mr. INOUYE). worked for weeks now in moving for- The assistant legislative clerk read priority when we budget—that we must ward on this funding measure for the the following letter: live within our means—this next step country. What Democrats have said for recognizes that we must do the best U.S. SENATE, weeks now is that we are committed to with what we have. PRESIDENT PRO TEMPORE, Washington, DC, March 2, 2011. working with all sides to find a middle Today we will also work toward fin- To the Senate: ground that helps us move forward and ishing the patent reform bill. It is Under the provisions of rule I, paragraph 3, move toward a fiscally responsible called the America Invests Act, a jobs of the Standing Rules of the Senate, I hereby budget for the rest of the year. bill. It is a priority. We have to finish

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

S1077

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1078 CONGRESSIONAL RECORD — SENATE March 2, 2011 this matter. This matter, this patent A resolution (S. Res. 81) authorizing ex- such committee (under procedures specified legislation, is important in returning penditures by committees of the Senate for by section 202(j) of that Act). America’s economy to a position of the periods March 1, 2011, through September (c) EXPENSES FOR FISCAL YEAR 2012 PE- strength. 30, 2011, and October 1, 2011, through Sep- RIOD.—The expenses of the committee for the As we speak, there are 750,000 patent tember 30, 2012, and October 1, 2012, through period October 1, 2011, through September 30, February 28, 2013. 2012, under this section shall not exceed applications that are stuck in the Pat- There being no objection, the Senate $4,800,136, of which amount— ent Office because they do not have (1) not to exceed $200,000, may be expended enough people to do the work. It is true proceeded to consider the resolution. Mr. REID. Madam President, I ask for the procurement of the services of indi- to Democrats’ agenda from day one: unanimous consent that the resolution vidual consultants, or organizations thereof creating jobs and ensuring America can (as authorized by section 202(i) of the Legis- be agreed to, the motion to reconsider compete in the 21st century’s global lative Reorganization Act of 1946 (2 U.S.C. be laid on the table, with no inter- economy. 72a(i))); and Now, Madam President, I see my vening action or debate, and any state- (2) not to exceed $40,000, may be expended friend from Oklahoma on the Senate ments related to this resolution be for the training of the professional staff of ECORD. such committee (under procedures specified floor. A couple of things he has done in printed in the R The ACTING PRESIDENT pro tem- by section 202(j) of that Act). recent days have been extremely im- pore. Without objection, it is so or- (d) EXPENSES FOR PERIOD ENDING FEBRUARY portant: first of all, the money that is dered. 28, 2013.—For the period October 1, 2012, collected in the Patent Office should be The resolution (S. Res. 81) was agreed through February 28, 2013, expenses of the used in the Patent Office. I also think to, as follows: committee under this section shall not ex- it is important people recognize we ceed $2,000,057, of which amount— S. RES. 81 have an entity around here called the (1) not to exceed $200,000, may be expended Resolved, General Accounting Office, which is for the procurement of the services of indi- SECTION 1. AGGREGATE AUTHORIZATION. vidual consultants, or organizations thereof the watchdog of Congress. It is an im- (a) IN GENERAL.—For purposes of carrying portant entity. It is available to both (as authorized by section 202(i) of the Legis- out the powers, duties, and functions under lative Reorganization Act of 1946); and Democrats and Republicans. the Standing Rules of the Senate, and under (2) not to exceed $40,000, may be expended My friend from Oklahoma wrote a the appropriate authorizing resolutions of for the training of the professional staff of letter, as he has a right to do, about a the Senate there is authorized for the period such committee (under procedures specified couple different areas finding where March 1, 2011, through September 30, 2011, in by section 202(j) of that Act). the aggregate of $70,790,674, for the period there was duplication of services. They SEC. 3. COMMITTEE ON ARMED SERVICES. studied this and came back with what October 1, 2011, through September 30, 2012, in the aggregate of $121,355,435, and for the (a) GENERAL AUTHORITY.—In carrying out I think are some matters to which we period October 1, 2012, through February 28, its powers, duties, and functions under the need to direct our attention. 2013, in the aggregate of $50,564,763, in ac- Standing Rules of the Senate, in accordance Duplication in different entities cordance with the provisions of this resolu- with its jurisdiction under rule XXV of such around here has become untoward. So I tion, for standing committees of the Senate, rules, including holding hearings, reporting commend and applaud my friend from the Special Committee on Aging, the Select such hearings, and making investigations as Oklahoma in helping us go down this Committee on Intelligence, and the Com- authorized by paragraphs 1 and 8 of rule mittee on Indian Affairs. XXVI of the Standing Rules of the Senate, path that I think is going to be ex- the Committee on Armed Services is author- tremely important for us to work our (b) AGENCY CONTRIBUTIONS.—There are authorized such sums as may be necessary for ized from March 1, 2011, through February 28, way out of the problems we have. agency contributions related to the com- 2013, in its discretion— I know we have a lot of work to do, pensation of employees of the committees (1) to make expenditures from the contin- and it is important we do that work. for the period March 1, 2011, through Sep- gent fund of the Senate; We are going to get this spending mat- tember 30, 2011, for the period October 1, 2011, (2) to employ personnel; and ter out of the way today. Then we will through September 30, 2012, and for the pe- (3) with the prior consent of the Govern- have, as I have indicated, a little over riod October 1, 2012, through February 28, ment department or agency concerned and 2 weeks to work something out on a 2013, to be paid from the appropriations ac- the Committee on Rules and Administration, long-term basis. The President has said count for ‘‘Expenses of Inquiries and Inves- to use on a reimbursable, or nonreimbursable, basis the services of personnel of any he would like a longer period of time. tigations’’ of the Senate. SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- such department or agency. We could not work that out with our TION, AND FORESTRY. (b) EXPENSES FOR PERIOD ENDING SEP- friends on the Republican side. I hope, (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2011.—The expenses of the com- I hope they do not need a government its powers, duties, and functions under the mittee for the period March 1, 2011, through shutdown—and I am not referring to Standing Rules of the Senate, in accordance September 30, 2011, under this section shall my friends in the Senate but the with its jurisdiction under rule XXV of such not exceed $4,749,869, of which amount— House. I hope they do not need a gov- rules, including holding hearings, reporting (1) not to exceed $75,000, may be expended ernment shutdown to do what is nec- such hearings, and making investigations as for the procurement of the services of indi- essary for this country. I think we authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- should avoid that shutdown, and we XXVI of the Standing Rules of the Senate, the Committee on Agriculture, Nutrition, lative Reorganization Act of 1946 (2 U.S.C. can avoid that shutdown and still rec- and Forestry is authorized from March 1, 72a(i))); and ognize that there are costs that need to 2011, through February 28, 2013, in its discre- (2) not to exceed $30,000, may be expended be cut from government spending. It tion— for the training of the professional staff of cannot all come from our domestic dis- (1) to make expenditures from the contin- such committee (under procedures specified cretionary side of the ledger. There are gent fund of the Senate; by section 202(j) of that Act). Pentagon moneys that can be saved. (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- There are other programs that have (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the period October 1, 2011, through September 30, been untouchable in past years that we ment department or agency concerned and the Committee on Rules and Administration, 2012, under this section shall not exceed need to look at for a long-term solu- to use on a reimbursable, or nonreimburs- $8,142,634, of which amount— tion to the country’s problems. able, basis the services of personnel of any (1) not to exceed $80,000, may be expended f such department or agency. for the procurement of the services of indi- (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof AUTHORIZING EXPENDITURES BY TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- COMMITTEES OF THE SENATE mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. Mr. REID. Madam President, I ask September 30, 2011, under this section shall 72a(i))); and unanimous consent that the Senate not exceed $2,800,079, of which amount— (2) not to exceed $30,000, may be expended proceed to the consideration of Cal- (1) not to exceed $200,000, may be expended for the training of the professional staff of for the procurement of the services of indi- such committee (under procedures specified endar No. 15, S. Res. 81. vidual consultants, or organizations thereof by section 202(j) of that Act). The ACTING PRESIDENT pro tem- (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY pore. The clerk will report the resolu- lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, tion by title. 72a(i))); and through February 28, 2013, expenses of the The assistant legislative clerk read (2) not to exceed $40,000, may be expended committee under this section shall not ex- as follows: for the training of the professional staff of ceed $3,392,765, of which amount—

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1079 (1) not to exceed $50,000, may be expended (1) to make expenditures from the contin- such committee (under procedures specified for the procurement of the services of indigent fund of the Senate; by section 202(j) of that Act). vidual consultants, or organizations thereof (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2011, through September 30, (2) not to exceed $30,000, may be expended the Committee on Rules and Administration, 2012, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $7,948,171, of which amount— such committee (under procedures specified able, basis the services of personnel of any (1) not to exceed $50,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 4. COMMITTEE ON BANKING, HOUSING, AND (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof URBAN AFFAIRS. TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2011, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $4,489,241, of which amount— (2) not to exceed $50,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $35,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, the Committee on Banking, Housing, and 72a(i))); and through February 28, 2013, expenses of the Urban Affairs is authorized from March 1, (2) not to exceed $21,000, may be expended committee under this section shall not ex- 2011, through February 28, 2013, in its discre- for the training of the professional staff of ceed $3,311,738, of which amount— tion— such committee (under procedures specified (1) not to exceed $50,000, may be expended (1) to make expenditures from the contin- by section 202(j) of that Act). for the procurement of the services of indi- (c) EXPENSES FOR FISCAL YEAR 2012 PE- gent fund of the Senate; vidual consultants, or organizations thereof RIOD.—The expenses of the committee for the (2) to employ personnel; and (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- period October 1, 2011, through September 30, 2012, under this section shall not exceed lative Reorganization Act of 1946); and ment department or agency concerned and (2) not to exceed $50,000, may be expended the Committee on Rules and Administration, $7,695,840, of which amount— (1) not to exceed $60,000, may be expended for the training of the professional staff of to use on a reimbursable, or nonreimburs- such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of individual consultants, or organizations thereof by section 202(j) of that Act). such department or agency. (as authorized by section 202(i) of the Legis- SEC. 7. COMMITTEE ON ENERGY AND NATURAL (b) EXPENSES FOR PERIOD ENDING SEP- RESOURCES. TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through 72a(i))); and its powers, duties, and functions under the September 30, 2011, under this section shall (2) not to exceed $36,000, may be expended Standing Rules of the Senate, in accordance not exceed $4,304,188, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $11,667, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). (d) EXPENSES FOR PERIOD ENDING FEBRUARY such hearings, and making investigations as vidual consultants, or organizations thereof 28, 2013.—For the period October 1, 2012, authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- through February 28, 2013, expenses of the XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. committee under this section shall not ex- the Committee on Energy and Natural Re- 72a(i))); and ceed $3,206,599, of which amount— sources is authorized from March 1, 2011, (2) not to exceed $700, may be expended for (1) not to exceed $25,000, may be expended through February 28, 2013, in its discretion— the training of the professional staff of such for the procurement of the services of indi- (1) to make expenditures from the contin- committee (under procedures specified by vidual consultants, or organizations thereof gent fund of the Senate; section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (2) not to exceed $15,000, may be expended period October 1, 2011, through September 30, ment department or agency concerned and for the training of the professional staff of 2012, under this section shall not exceed the Committee on Rules and Administration, such committee (under procedures specified $7,378,606, of which amount— to use on a reimbursable, or nonreimburs- by section 202(j) of that Act). (1) not to exceed $20,000, may be expended able, basis the services of personnel of any SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, such department or agency. for the procurement of the services of indi- AND TRANSPORTATION. vidual consultants, or organizations thereof (b) EXPENSES FOR PERIOD ENDING SEP- (a) GENERAL AUTHORITY.—In carrying out (as authorized by section 202(i) of the Legis- TEMBER 30, 2011.—The expenses of the com- its powers, duties, and functions under the mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance 72a(i))); and September 30, 2011, under this section shall with its jurisdiction under rule XXV of such not exceed $3,924,299. (2) not to exceed $1,200, may be expended rules, including holding hearings, reporting (c) EXPENSES FOR FISCAL YEAR 2012 PE- for the training of the professional staff of such hearings, and making investigations as such committee (under procedures specified RIOD.—The expenses of the committee for the authorized by paragraphs 1 and 8 of rule period October 1, 2011, through September 30, by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, 2012, under this section shall not exceed (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Commerce, Science, and $6,727,369. 28, 2013.—For the period October 1, 2012, Transportation is authorized from March 1, (d) EXPENSES FOR PERIOD ENDING FEBRUARY through February 28, 2013, expenses of the 2011, through February 28, 2013, in its discre- 28, 2013.—For the period October 1, 2012, committee under this section shall not ex- tion— through February 28, 2013, expenses of the ceed $3,074,419, of which amount— (1) to make expenditures from the contin- (1) not to exceed $8,333, may be expended gent fund of the Senate; committee under this section shall not ex- for the procurement of the services of indi- (2) to employ personnel; and ceed $2,803,070. vidual consultants, or organizations thereof (3) with the prior consent of the Govern- SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- (as authorized by section 202(i) of the Legis- ment department or agency concerned and LIC WORKS. lative Reorganization Act of 1946); and the Committee on Rules and Administration, (a) GENERAL AUTHORITY.—In carrying out (2) not to exceed $500, may be expended for to use on a reimbursable, or nonreimburs- its powers, duties, and functions under the the training of the professional staff of such able, basis the services of personnel of any Standing Rules of the Senate, in accordance committee (under procedures specified by such department or agency. with its jurisdiction under rule XXV of such section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- rules, including holding hearings, reporting SEC. 5. COMMITTEE ON THE BUDGET. TEMBER 30, 2011.—The expenses of the com- such hearings, and making investigations as (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through authorized by paragraphs 1 and 8 of rule its powers, duties, and functions under the September 30, 2011, under this section shall XXVI of the Standing Rules of the Senate, Standing Rules of the Senate, in accordance not exceed $4,636,433, of which amount— the Committee on Environment and Public with its jurisdiction under rule XXV of such (1) not to exceed $50,000, may be expended Works is authorized from March 1, 2011, rules, including holding hearings, reporting for the procurement of the services of indi- through February 28, 2013, in its discretion— such hearings, and making investigations as vidual consultants, or organizations thereof (1) to make expenditures from the contin- authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- gent fund of the Senate; XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. (2) to employ personnel; and the Committee on the Budget is authorized 72a(i))); and (3) with the prior consent of the Govern- from March 1, 2011, through February 28, (2) not to exceed $50,000, may be expended ment department or agency concerned and 2013, in its discretion— for the training of the professional staff of the Committee on Rules and Administration,

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1080 CONGRESSIONAL RECORD — SENATE March 2, 2011 to use on a reimbursable, or nonreimburs- (1) not to exceed $30,000, may be expended such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. vidual consultants, or organizations thereof SEC. 11. COMMITTEE ON HEALTH, EDUCATION, (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- LABOR, AND PENSIONS. TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through 72a(i))); and its powers, duties, and functions under the September 30, 2011, under this section shall (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance not exceed $3,612,391, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $4,667, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2013.—For the period October 1, 2012, XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2013, expenses of the the Committee on Health, Education, Labor, 72a(i))); and committee under this section shall not ex- and Pensions is authorized from March 1, (2) not to exceed $1,167, may be expended ceed $3,809,862, of which amount— 2011, through February 28, 2013, in its discre- for the training of the professional staff of (1) not to exceed $12,500, may be expended tion— such committee (under procedures specified for the procurement of the services of indi- (1) to make expenditures from the contin- by section 202(j) of that Act). vidual consultants, or organizations thereof gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2012 PE- (as authorized by section 202(i) of the Legis- (2) to employ personnel; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- period October 1, 2011, through September 30, (2) not to exceed $4,166, may be expended ment department or agency concerned and 2012, under this section shall not exceed for the training of the professional staff of the Committee on Rules and Administration, $6,192,669, of which amount— such committee (under procedures specified to use on a reimbursable, or nonreimburs- (1) not to exceed $8,000, may be expended by section 202(j) of that Act). able, basis the services of personnel of any for the procurement of the services of indi- SEC. 10. COMMITTEE ON FOREIGN RELATIONS. such department or agency. vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- its powers, duties, and functions under the TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance mittee for the period March 1, 2011, through 72a(i))); and with its jurisdiction under rule XXV of such September 30, 2011, under this section shall (2) not to exceed $2,000, may be expended rules, including holding hearings, reporting not exceed $6,115,313, of which amount— for the training of the professional staff of such hearings, and making investigations as (1) not to exceed $75,000, may be expended such committee (under procedures specified authorized by paragraphs 1 and 8 of rule for the procurement of the services of indi- by section 202(j) of that Act). vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- 28, 2013.—For the period October 1, 2012, the Committee on Foreign Relations is au- lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2013, expenses of the thorized from March 1, 2011, through Feb- committee under this section shall not ex- ruary 28, 2013, in its discretion— 72a(i))); and ceed $2,580,278, of which amount— (1) to make expenditures from the contin- (2) not to exceed $25,000, may be expended (1) not to exceed $3,333, may be expended gent fund of the Senate; for the training of the professional staff of for the procurement of the services of indi- (2) to employ personnel; and such committee (under procedures specified vidual consultants, or organizations thereof (3) with the prior consent of the Govern- by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2012 PE- lative Reorganization Act of 1946); and the Committee on Rules and Administration, RIOD.—The expenses of the committee for the (2) not to exceed $833, may be expended for to use on a reimbursable, or nonreimburs- period October 1, 2011, through September 30, the training of the professional staff of such able, basis the services of personnel of any 2012, under this section shall not exceed committee (under procedures specified by such department or agency. $10,483,393, of which amount— section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $75,000, may be expended for the procurement of the services of indi- SEC. 9. COMMITTEE ON FINANCE. TEMBER 30, 2011.—The expenses of the com- vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through (as authorized by section 202(i) of the Legis- its powers, duties, and functions under the September 30, 2011, under this section shall lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance not exceed $4,393,404, of which amount— with its jurisdiction under rule XXV of such (1) not to exceed $100,000, may be expended 72a(i))); and rules, including holding hearings, reporting for the procurement of the services of indi- (2) not to exceed $25,000, may be expended such hearings, and making investigations as vidual consultants, or organizations thereof for the training of the professional staff of authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- such committee (under procedures specified XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). the Committee on Finance is authorized 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY from March 1, 2011, through February 28, (2) not to exceed $20,000, may be expended 28, 2013.—For the period October 1, 2012, 2013, in its discretion— for the training of the professional staff of through February 28, 2013, expenses of the (1) to make expenditures from the contin- such committee (under procedures specified committee under this section shall not ex- gent fund of the Senate; by section 202(j) of that Act). ceed $4,368,081, of which amount— (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- (1) not to exceed $75,000, may be expended (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the for the procurement of the services of indi- ment department or agency concerned and period October 1, 2011, through September 30, vidual consultants, or organizations thereof the Committee on Rules and Administration, 2012, under this section shall not exceed (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- $7,531,549, of which amount— lative Reorganization Act of 1946); and able, basis the services of personnel of any (1) not to exceed $100,000, may be expended (2) not to exceed $25,000, may be expended such department or agency. for the procurement of the services of indi- for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof such committee (under procedures specified TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. SEC. 12. COMMITTEE ON HOMELAND SECURITY September 30, 2011, under this section shall 72a(i))); and AND GOVERNMENTAL AFFAIRS. not exceed $5,333,808, of which amount— (2) not to exceed $20,000, may be expended (a) GENERAL AUTHORITY.—In carrying out (1) not to exceed $17,500, may be expended for the training of the professional staff of its powers, duties, and functions under the for the procurement of the services of indi- such committee (under procedures specified Standing Rules of the Senate, in accordance vidual consultants, or organizations thereof by section 202(j) of that Act). with its jurisdiction under rule XXV of such (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY rules and S. Res. 445, agreed to October 9, lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, 2004 (108th Congress), including holding hear- 72a(i))); and through February 28, 2013, expenses of the ings, reporting such hearings, and making (2) not to exceed $5,833, may be expended committee under this section shall not ex- investigations as authorized by paragraphs 1 for the training of the professional staff of ceed $3,138,145, of which amount— and 8 of rule XXVI of the Standing Rules of such committee (under procedures specified (1) not to exceed $100,000, may be expended the Senate, the Committee on Homeland Se- by section 202(j) of that Act). for the procurement of the services of indi- curity and Governmental Affairs is author- (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof ized from March 1, 2011, through February 28, RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- 2013, in its discretion— period October 1, 2011, through September 30, lative Reorganization Act of 1946); and (1) to make expenditures from the contin- 2012, under this section shall not exceed (2) not to exceed $20,000, may be expended gent fund of the Senate; $9,143,671, of which amount— for the training of the professional staff of (2) to employ personnel; and

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1081 (3) with the prior consent of the Govern- of interstate or international commerce in tions, and operations of any particular ment department or agency concerned and furtherance of any transactions and the branch of the Government and may extend the Committee on Rules and Administration, manner and extent to which, and the iden- to the records and activities of any persons, to use on a reimbursable, or nonreimburs- tity of the persons, firms, or corporations, or corporation, or other entity. able, basis the services of personnel of any other entities by whom such utilization is (3) SPECIAL COMMITTEE AUTHORITY.—For such department or agency. being made, and further, to study and inves- the purposes of this subsection, the com- (b) EXPENSES FOR PERIOD ENDING SEP- tigate the manner in which and the extent to mittee, or any duly authorized sub- TEMBER 30, 2011.—The expenses of the com- which persons engaged in organized criminal committee of the committee, or its chair- mittee for the period March 1, 2011, through activity have infiltrated lawful business en- man, or any other member of the committee September 30, 2011, under this section shall terprise, and to study the adequacy of Fed- or subcommittee designated by the chair- not exceed $6,902,759, of which amount— eral laws to prevent the operations of orga- man, from March 1, 2011, through February (1) not to exceed $75,000, may be expended nized crime in interstate or international 28, 2013, is authorized, in its, his, hers, or for the procurement of the services of indi- commerce; and to determine whether any their discretion— vidual consultants, or organizations thereof changes are required in the laws of the (A) to require by subpoena or otherwise the (as authorized by section 202(i) of the Legis- United States in order to protect the public attendance of witnesses and production of lative Reorganization Act of 1946 (2 U.S.C. against such practices or activities; correspondence, books, papers, and docu- 72a(i))); and (D) all other aspects of crime and lawless- ments; (2) not to exceed $20,000, may be expended ness within the United States which have an (B) to hold hearings; for the training of the professional staff of impact upon or affect the national health, (C) to sit and act at any time or place dur- such committee (under procedures specified welfare, and safety; including but not lim- ing the sessions, recess, and adjournment pe- by section 202(j) of that Act). ited to investment fraud schemes, com- riods of the Senate; (c) EXPENSES FOR FISCAL YEAR 2012 PE- modity and security fraud, computer fraud, (D) to administer oaths; and RIOD.—The expenses of the committee for the and the use of offshore banking and cor- (E) to take testimony, either orally or by period October 1, 2011, through September 30, porate facilities to carry out criminal objec- sworn statement, or, in the case of staff 2012, under this section shall not exceed tives; members of the Committee and the Perma- $11,833,302, of which amount— (E) the efficiency and economy of oper- nent Subcommittee on Investigations, by (1) not to exceed $75,000, may be expended ations of all branches and functions of the deposition in accordance with the Com- for the procurement of the services of indi- Government with particular reference to— mittee Rules of Procedure. vidual consultants, or organizations thereof (i) the effectiveness of present national se- (4) AUTHORITY OF OTHER COMMITTEES.— (as authorized by section 202(i) of the Legis- curity methods, staffing, and processes as Nothing contained in this subsection shall lative Reorganization Act of 1946 (2 U.S.C. tested against the requirements imposed by affect or impair the exercise of any other 72a(i))); and the rapidly mounting complexity of national standing committee of the Senate of any (2) not to exceed $20,000, may be expended security problems; power, or the discharge by such committee for the training of the professional staff of (ii) the capacity of present national secu- of any duty, conferred or imposed upon it by such committee (under procedures specified rity staffing, methods, and processes to the Standing Rules of the Senate or by the by section 202(j) of that Act). make full use of the Nation’s resources of Legislative Reorganization Act of 1946. (d) EXPENSES FOR PERIOD ENDING FEBRUARY knowledge and talents; (5) SUBPOENA AUTHORITY.—All subpoenas 28, 2013.—For the period October 1, 2012, (iii) the adequacy of present intergovern- and related legal processes of the committee through February 28, 2013, expenses of the mental relations between the United States and its subcommittee authorized under S. committee under this section shall not ex- and international organizations principally Res. 73, agreed to March 10, 2009 (111th Con- ceed $4,930,543, of which amount— concerned with national security of which gress) are authorized to continue. (1) not to exceed $75,000, may be expended the United States is a member; and SEC. 13. COMMITTEE ON THE JUDICIARY. for the procurement of the services of indi- (iv) legislative and other proposals to im- (a) GENERAL AUTHORITY.—In carrying out vidual consultants, or organizations thereof prove these methods, processes, and relation- its powers, duties, and functions under the (as authorized by section 202(i) of the Legis- ships; Standing Rules of the Senate, in accordance lative Reorganization Act of 1946); and (F) the efficiency, economy, and effective- with its jurisdiction under rule XXV of such (2) not to exceed $20,000, may be expended ness of all agencies and departments of the rules, including holding hearings, reporting for the training of the professional staff of Government involved in the control and such hearings, and making investigations as such committee (under procedures specified management of energy shortages including, authorized by paragraphs 1 and 8 of rule by section 202(j) of that Act). but not limited to, their performance with XXVI of the Standing Rules of the Senate, (e) INVESTIGATIONS.— respect to— the Committee on the Judiciary is author- (1) IN GENERAL.—The committee, or any (i) the collection and dissemination of ac- ized from March 1, 2011, through February 28, duly authorized subcommittee of the com- curate statistics on fuel demand and supply; 2013, in its discretion— mittee, is authorized to study or inves- (ii) the implementation of effective energy (1) to make expenditures from the contin- tigate— conservation measures; gent fund of the Senate; (A) the efficiency and economy of oper- (iii) the pricing of energy in all forms; (2) to employ personnel; and ations of all branches of the Government in- (iv) coordination of energy programs with (3) with the prior consent of the Govern- cluding the possible existence of fraud, mis- State and local government; ment department or agency concerned and feasance, malfeasance, collusion, mis- (v) control of exports of scarce fuels; the Committee on Rules and Administration, management, incompetence, corruption, or (vi) the management of tax, import, pric- to use on a reimbursable, or nonreimburs- unethical practices, waste, extravagance, ing, and other policies affecting energy sup- able, basis the services of personnel of any conflicts of interest, and the improper ex- plies; such department or agency. penditure of Government funds in trans- (vii) maintenance of the independent sec- (b) EXPENSES FOR PERIOD ENDING SEP- actions, contracts, and activities of the Gov- tor of the petroleum industry as a strong TEMBER 30, 2011.—The expenses of the com- ernment or of Government officials and em- competitive force; mittee for the period March 1, 2011, through ployees and any and all such improper prac- (viii) the allocation of fuels in short supply September 30, 2011, under this section shall tices between Government personnel and by public and private entities; not exceed $6,684,239, of which amount— corporations, individuals, companies, or per- (ix) the management of energy supplies (1) not to exceed $200,000, may be expended sons affiliated therewith, doing business owned or controlled by the Government; for the procurement of the services of indi- with the Government; and the compliance or (x) relations with other oil producing and vidual consultants, or organizations thereof noncompliance of such corporations, compa- consuming countries; (as authorized by section 202(i) of the Legis- nies, or individuals or other entities with the (xi) the monitoring of compliance by gov- lative Reorganization Act of 1946 (2 U.S.C. rules, regulations, and laws governing the ernments, corporations, or individuals with 72a(i))); and various governmental agencies and its rela- the laws and regulations governing the allo- (2) not to exceed $20,000, may be expended tionships with the public; cation, conservation, or pricing of energy for the training of the professional staff of (B) the extent to which criminal or other supplies; and such committee (under procedures specified improper practices or activities are, or have (xii) research into the discovery and devel- by section 202(j) of that Act). been, engaged in the field of labor-manage- opment of alternative energy supplies; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- ment relations or in groups or organizations (G) the efficiency and economy of all RIOD.—The expenses of the committee for the of employees or employers, to the detriment branches and functions of Government with period October 1, 2011, through September 30, of interests of the public, employers, or em- particular references to the operations and 2012, under this section shall not exceed ployees, and to determine whether any management of Federal regulatory policies $11,458,695, of which amount— changes are required in the laws of the and programs. (1) not to exceed $200,000, may be expended United States in order to protect such inter- (2) EXTENT OF INQUIRIES.—In carrying out for the procurement of the services of indi- ests against the occurrence of such practices the duties provided in paragraph (1), the in- vidual consultants, or organizations thereof or activities; quiries of this committee or any sub- (as authorized by section 202(i) of the Legis- (C) organized criminal activity which may committee of the committee shall not be lative Reorganization Act of 1946 (2 U.S.C. operate in or otherwise utilize the facilities construed to be limited to the records, func- 72a(i))); and

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1082 CONGRESSIONAL RECORD — SENATE March 2, 2011 (2) not to exceed $20,000, may be expended Standing Rules of the Senate, in accordance (1) not to exceed $59,000, may be expended for the training of the professional staff of with its jurisdiction under rule XXV of such for the procurement of the services of indi- such committee (under procedures specified rules, including holding hearings, reporting vidual consultants, or organizations thereof by section 202(j) of that Act). such hearings, and making investigations as (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, XXVI of the Standing Rules of the Senate, 72a(i))); and through February 28, 2013, expenses of the the Committee on Small Business and Entre- (2) not to exceed $12,000, may be expended committee under this section shall not ex- preneurship is authorized from March 1, 2011, for the training of the professional staff of ceed $4,774,457, of which amount— through February 28, 2013, in its discretion— such committee (under procedures specified (1) not to exceed $200,000, may be expended (1) to make expenditures from the contin- by section 202(j) of that Act). for the procurement of the services of indigent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof (2) to employ personnel; and RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- period October 1, 2011, through September 30, lative Reorganization Act of 1946); and ment department or agency concerned and 2012, under this section shall not exceed (2) not to exceed $20,000, may be expended the Committee on Rules and Administration, $2,746,693, of which amount— for the training of the professional staff of to use on a reimbursable, or nonreimburs- (1) not to exceed $100,000, may be expended such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. vidual consultants, or organizations thereof SEC. 14. COMMITTEE ON RULES AND ADMINIS- (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- TRATION. TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through 72a(i))); and its powers, duties, and functions under the September 30, 2011, under this section shall (2) not to exceed $20,000, may be expended Standing Rules of the Senate, in accordance not exceed $1,732,860, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $25,000, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2013.—For the period October 1, 2012, XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2013, expenses of the the Committee on Rules and Administration 72a(i))); and committee under this section shall not ex- is authorized from March 1, 2011, through (2) not to exceed $10,000, may be expended ceed $1,144,455, of which amount— February 28, 2013, in its discretion— for the training of the professional staff of (1) not to exceed $42,000, may be expended (1) to make expenditures from the contin- such committee (under procedures specified for the procurement of the services of indigent fund of the Senate; by section 202(j) of that Act). vidual consultants, or organizations thereof (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2011, through September 30, (2) not to exceed $8,334, may be expended the Committee on Rules and Administration, 2012, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $2,970,617, of which amount— such committee (under procedures specified able, basis the services of personnel of any (1) not to exceed $25,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 17. SPECIAL COMMITTEE ON AGING. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions imposed by September 30, 2011, under this section shall 72a(i))); and section 104 of S. Res. 4, agreed to February 4, not exceed $1,840,717, of which amount— (2) not to exceed $10,000, may be expended 1977 (95th Congress), and in exercising the (1) not to exceed $43,750, may be expended for the training of the professional staff of authority conferred on it by such section, for the procurement of the services of indi- such committee (under procedures specified the Special Committee on Aging is author- vidual consultants, or organizations thereof by section 202(j) of that Act). ized from March 1, 2011, through February 28, (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY 2013, in its discretion— lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, (1) to make expenditures from the contin- 72a(i))); and through February 28, 2013, expenses of the gent fund of the Senate; (2) not to exceed $7,000, may be expended committee under this section shall not ex- (2) to employ personnel; and for the training of the professional staff of ceed $1,237,755, of which amount— (3) with the prior consent of the Govern- such committee (under procedures specified (1) not to exceed $25,000, may be expended ment department or agency concerned and by section 202(j) of that Act). for the procurement of the services of indi- the Committee on Rules and Administration, (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof to use on a reimbursable, or nonreimburs- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- able, basis the services of personnel of any period October 1, 2011, through September 30, lative Reorganization Act of 1946); and such department or agency. 2012, under this section shall not exceed (2) not to exceed $10,000, may be expended (b) EXPENSES FOR PERIOD ENDING SEP- $3,155,515, of which amount— for the training of the professional staff of TEMBER 30, 2011.—The expenses of the com- (1) not to exceed $75,000, may be expended such committee (under procedures specified mittee for the period March 1, 2011, through for the procurement of the services of indi- by section 202(j) of that Act). September 30, 2011, under this section shall vidual consultants, or organizations thereof SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. not exceed $1,937,114, of which amount— (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out (1) not to exceed $117,000, may be expended lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the for the procurement of the services of indi- 72a(i))); and Standing Rules of the Senate, in accordance vidual consultants, or organizations thereof (2) not to exceed $12,000, may be expended with its jurisdiction under rule XXV of such (as authorized by section 202(i) of the Legis- for the training of the professional staff of rules, including holding hearings, reporting lative Reorganization Act of 1946); and such committee (under procedures specified such hearings, and making investigations as (2) not to exceed $10,000, may be expended by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule for the training of the professional staff of (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, such committee (under procedures specified 28, 2013.—For the period October 1, 2012, the Committee on Veterans’ Affairs is au- by section 202(j) of that Act). through February 28, 2013, expenses of the thorized from March 1, 2011, through Feb- (c) EXPENSES FOR FISCAL YEAR 2012 PE- committee under this section shall not ex- ruary 28, 2013, in its discretion— RIOD.—The expenses of the committee for the ceed $1,314,798, of which amount— (1) to make expenditures from the contin- period October 1, 2011, through September 30, (1) not to exceed $31,250, may be expended gent fund of the Senate; 2012, under this section shall not exceed for the procurement of the services of indi- (2) to employ personnel; and $3,320,767, of which amount— vidual consultants, or organizations thereof (3) with the prior consent of the Govern- (1) not to exceed $200,000, may be expended (as authorized by section 202(i) of the Legis- ment department or agency concerned and for the procurement of the services of indi- lative Reorganization Act of 1946); and the Committee on Rules and Administration, vidual consultants, or organizations thereof (2) not to exceed $5,000, may be expended to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- for the training of the professional staff of able, basis the services of personnel of any lative Reorganization Act of 1946); and such committee (under procedures specified such department or agency. (2) not to exceed $15,000, may be expended by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- for the training of the professional staff of SEC. 15. COMMITTEE ON SMALL BUSINESS AND TEMBER 30, 2011.—The expenses of the com- such committee (under procedures specified ENTREPRENEURSHIP. mittee for the period March 1, 2011, through by section 202(j) of that Act). (a) GENERAL AUTHORITY.—In carrying out September 30, 2011, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY its powers, duties, and functions under the not exceed $1,602,238, of which amount— 28, 2013.—For the period October 1, 2012,

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1083 through February 28, 2013, expenses of the (1) to make expenditures from the contin- Mr. MCCONNELL. Madam President, committee under this section shall not ex- gent fund of the Senate; I ask unanimous consent that the order ceed $1,383,653, of which amount— (2) to employ personnel; and for the quorum call be rescinded. (1) not to exceed $85,000, may be expended (3) with the prior consent of the Govern- The ACTING PRESIDENT pro tem- for the procurement of the services of indi- ment department or agency concerned and vidual consultants, or organizations thereof the Committee on Rules and Administration, pore. Without objection, it is so or- (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- dered. lative Reorganization Act of 1946); and able, basis the services of personnel of any f (2) not to exceed $5,000, may be expended such department or agency. RECOGNITION OF THE MINORITY for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- such committee (under procedures specified TEMBER 30, 2011.—The expenses of the com- LEADER by section 202(j) of that Act). mittee for the period March 1, 2011, through The ACTING PRESIDENT pro tem- SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. September 30, 2011, under this section shall pore. The Republican leader is recog- not exceed $1,482,609, of which amount— (a) GENERAL AUTHORITY.—In carrying out nized. its powers, duties, and functions under S. (1) not to exceed $20,000, may be expended f Res. 400, agreed to May 19, 1976 (94th Con- for the procurement of the services of indi- gress), as amended by S. Res. 445, agreed to vidual consultants, or organizations thereof CONTINUING RESOLUTION October 9, 2004 (108th Congress), in accord- (as authorized by section 202(i) of the Legis- Mr. MCCONNELL. Madam President, ance with its jurisdiction under sections 3(a) lative Reorganization Act of 1946); and and 17 of such S. Res. 400, including holding (2) not to exceed $20,000, may be expended I wish to start this morning by ac- hearings, reporting such hearings, and mak- for training consultants of the professional knowledging the progress that has been ing investigations as authorized by section 5 staff of such committee (under procedures made this week. Senator REID’s pre- of such S. Res. 400, the Select Committee on specified by section 202(j) of that Act). diction that the Senate will follow the (c) EXPENSES FOR FISCAL YEAR 2012 PE- Intelligence is authorized from March 1, 2011, House in approving a $4 billion cut for RIOD.—The expenses of the committee for the through February 28, 2013, in its discretion— period October 1, 2011, through September 30, the current fiscal year is a small step, (1) to make expenditures from the contin- 2012, under this section shall not exceed but it is indeed a step in the right di- gent fund of the Senate; $2,541,614, of which amount— rection. This is a long-awaited ac- (2) to employ personnel; and (1) not to exceed $20,000, may be expended (3) with the prior consent of the Govern- knowledgment by Democrats in Con- for the procurement of the services of indi- ment department or agency concerned and gress that we have a spending problem vidual consultants, or organizations thereof the Committee on Rules and Administration, around here. It is hard to believe when (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- we are spending $1.6 trillion more than lative Reorganization Act of 1946); and able, basis the services of personnel of any (2) not to exceed $20,000, may be expended we are taking in in a single year that such department or agency. for training consultants of the professional it would take this long to cut a penny (b) EXPENSES FOR PERIOD ENDING SEP- staff of such committee (under procedures in spending, but it is progress nonethe- TEMBER 30, 2011.—The expenses of the committee for the period March 1, 2011, through specified by section 202(j) of that Act). less. It was also encouraging to hear (d) EXPENSES FOR PERIOD ENDING FEBRUARY September 30, 2011, under this section shall the White House say yesterday that 28, 2013.—For the period October 1, 2012, not exceed $4,249,113, of which amount— they would be supportive of a 4-week through February 28, 2013, expenses of the (1) not to exceed $37,917, may be expended CR with $8 billion in cuts. So it is en- committee under this section shall not ex- for the procurement of the services of indi- ceed $1,059,007, of which amount— couraging that the White House and vidual consultants, or organizations thereof (1) not to exceed $20,000, may be expended congressional Democrats now agree (as authorized by section 202(i) of the Legis- for the procurement of the services of indi- that the status quo won’t work and lative Reorganization Act of 1946 (2 U.S.C. vidual consultants, or organizations thereof that the bills we pass must include 72a(i))); and (as authorized by section 202(i) of the Legis- (2) not to exceed $1,167, may be expended spending reductions. lative Reorganization Act of 1946); and for the training of the professional staff of Beyond that, the GAO report which (2) not to exceed $20,000, may be expended such committee (under procedures specified Senator COBURN requested and which for training consultants of the professional by section 202(j) of that Act). we all saw yesterday makes it pretty staff of such committee (under procedures (c) EXPENSES FOR FISCAL YEAR 2012 PE- specified by section 202(j) of that Act). clear—to me, at least—that there are a RIOD.—The expenses of the committee for the lot of very obvious targets for addi- period October 1, 2011, through September 30, SEC. 20. SPECIAL RESERVE. (a) ESTABLISHMENT.—Within the funds in tional cuts. I wish to thank Senator 2012, under this section shall not exceed the account ‘‘Expenses of Inquiries and In- COBURN for requesting the report, first $7,284,194, of which amount— vestigations’’ appropriated by the legislative (1) not to exceed $65,000, may be expended of all. I don’t think most Americans branch appropriation Acts for fiscal years for the procurement of the services of indi- are surprised to hear that Washington 2011, 2012, and 2013, there is authorized to be vidual consultants, or organizations thereof is wasting so much money. I do think established a special reserve to be available (as authorized by section 202(i) of the Legis- some people might be surprised at how to any committee funded by this resolution lative Reorganization Act of 1946 (2 U.S.C. rampant it is and, frankly, the sheer as provided in subsection (b) of which— 72a(i))); and (1) an amount not to exceed $4,375,000, shall idiocy—the sheer idiocy—of some of (2) not to exceed $4,000, may be expended be available for the period March 1, 2011, the waste we have been tolerating for the training of the professional staff of through September 30, 2011; and around here. such committee (under procedures specified (2) an amount not to exceed $7,500,000, shall I can’t imagine anyone in the Senate by section 202(j) of that Act). be available for the period October 1, 2011, (d) EXPENSES FOR PERIOD ENDING FEBRUARY voting against a bill that would return 28, 2013.—For the period October 1, 2012, through September 30, 2012; and to taxpayers money we are wasting on through February 28, 2013, expenses of the (3) an amount not to exceed $3,125,000, shall the bloated and duplicative programs committee under this section shall not ex- be available for the period October 1, 2012, outlined in this report, programs ceed $3,035,081, of which amount— through February 28, 2013. (b) AVAILABILITY.—The special reserve au- which, as ABC put it, are chewing up (1) not to exceed $27,083, may be expended thorized in subsection (a) shall be available billions of dollars in funding every for the procurement of the services of indi- to any committee— year. It would be an embarrassment vidual consultants, or organizations thereof (1) on the basis of special need to meet un- (as authorized by section 202(i) of the Legis- and a double indictment of Congress to paid obligations incurred by that committee lative Reorganization Act of 1946); and not act. The report is damning, but it during the periods referred to in paragraphs (2) not to exceed $4,000, may be expended comes at a good time. Right when we (1), (2), and (3) of subsection (a); and for the training of the professional staff of are looking to make cuts on which (2) at the request of a Chairman and Rank- such committee (under procedures specified ing Member of that committee subject to the both parties can agree, we learn that by section 202(j) of that Act). approval of the Chairman and Ranking Mem- we have a roadmap showing more than SEC. 19. COMMITTEE ON INDIAN AFFAIRS. ber of the Committee on Rules and Adminis- 100 programs dealing with surface (a) GENERAL AUTHORITY.—In carrying out tration. transportation issues, 82 programs its powers, duties, and functions imposed by Mr. REID. I suggest the absence of a monitoring teacher quality, 80 pro- section 105 of S. Res. 4, agreed to February 4, grams for economic development, 47 1977 (95th Congress), and in exercising the quorum. authority conferred on it by that section, The ACTING PRESIDENT pro tem- programs for job training, and 17 dif- the Committee on Indian Affairs is author- pore. The clerk will call the roll. ferent programs for disaster prepared- ized from March 1, 2011, through February 28, The assistant legislative clerk pro- ness. Here is my favorite: 56 programs 2013, in its discretion— ceeded to call the roll. to help people understand finances.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1084 CONGRESSIONAL RECORD — SENATE March 2, 2011 How do you like that? There are 56 pro- MORNING BUSINESS across this land wants the size of the grams to help people understand fi- The ACTING PRESIDENT pro tem- Federal Government and its spending nances. If that isn’t an emblem of gov- pore. Under the previous order, the reduced, and that includes Democrats, ernment waste, I don’t know what is. Senate will be in a period of morning Republicans, and Independents. What is We are going to be $1.6 trillion in the business until 11 a.m., with Senators lacking today is the leadership to dered this year alone. Not only do we permitted to speak therein for up to 10 fine the problem for the American people so that we can come together as a think we are in a position to teach minutes each, with the time equally di- nation and solve this greatest of all other people about financial literacy, vided and controlled between the two we have 56 overlapping programs to do challenges before us. leaders or their designees, with the Re- Let me spend a minute talking about it. If we are going to create the condi- publicans controlling the first 30 min- tions for private sector job growth in what is going to happen if we don’t utes, the majority controlling the next solve it. We heard the minority leader, this country, this is a good place to 30 minutes, and the remaining time start. the Senator from Kentucky, talk about until 11 a.m. equally divided and con- the $1.65 trillion deficit this year. We have to stop spending money we trolled between the two leaders or don’t have on more government and Today, the United States is borrowing their designees, with the majority con- money, on average, for everything we calling that progress. Democrats have trolling the final half. tried that. They have borrowed $3 tril- have borrowed, for about 2 percent. The The Senator from Oklahoma. historical average at which we borrow lion over the past 2 years to expand the Mr. COBURN. Madam President, I size and scope of government. And money is around 6 percent. Over the ask unanimous consent to speak in next 2 years, we are going to add, if we what has it gotten us? It has gotten us morning business for up to 20 minutes. 3 million more lost jobs. don’t change things drastically—and I The ACTING PRESIDENT pro tem- am talking drastically—another $3.5 We have made some progress this pore. Without objection, it is so or- week—a very small step, perhaps, but trillion to the debt, to bring us to al- dered. most $18 trillion worth of debt. If we one in the right direction. At the same Mr. COBURN. I also ask the Chair to time, the White House took another apply our historical interest rate to advise me when I have consumed 15 the debt—which we will be at in 2 or 3 step backward this week by failing to minutes. years, there is no question about that— fulfill another responsibility. Accord- The ACTING PRESIDENT pro tem- of 6 percent to $18 trillion, what we get ing to the 2003 Medicare Modernization pore. The Chair will do so. is $1.08 trillion a year in interest costs. Act, the President is required to sub- Think about that. We spent $127 billion mit a reform proposal for Medicare if f this last year on interest, and we are more than 45 percent of the program’s GAO REPORT going to take $1 trillion. finances are being drawn from the gov- What happens if that happens? What ernment’s general revenue fund instead Mr. COBURN. Madam President, I thank the majority leader and the mi- that means is there is no discretionary of a fund specifically set aside for budget. That means there is no money Medicare for 2 years in a row. As of nority leader both for their comments on this report. It is important for the for the military; there is no money for today, that is the situation. As of education; there is no money for any or today, that is the situation. The Presi- American people to know that this is the first of three reports we are going all of the programs other than Medi- dent is supposed to have taken care of care, Medicaid, and Social Security. this, but he hasn’t. He is punting on to receive. This report just covers what the GAO has looked at in the last 4 to That is the only thing that is left. And this responsibility just as he punted on if that happens, our ability to borrow other reforms in the 10-year budget 5 years. It truly only covers about one- third of the Federal Government, and I money in the international market will plan he released last month. markedly decline, and the likelihood is Washington’s unsustainable spending am talking discretionary programs, not mandatory programs such as So- that interest rates will go even higher on entitlements such as Medicare and than our historical average of 6 per- Medicaid and Social Security must be cial Security and Medicare and Med- icaid. cent. addressed now—now—and we will never So the time to call us together, the The GAO report shows at least $100 be able to ensure the stability and sol- time for shared sacrifice—not for sac- billion in savings if we could do our vency of any of them without Presi- rifice’s sake but so we can restore the job. We are going to have a large de- dential leadership. In this case, that is hope of prosperity for our Nation—is bate over the next 2 weeks focused on not just my opinion; the law actually now. It is not tomorrow, it is now. requires it. funding the government for the next 6 We are going to have a small bill on Now, just one more word on the con- months of this fiscal year and what the the floor that over the next 2 weeks tinuing resolution. Once we pass this funding is going to be like in the next will eliminate $4 billion by advancing stopgap spending measure, we will be year. If I were sitting at home as a reg- terminations of programs both Presi- right back at it again 2 weeks from ular American looking at Congress, dent Bush and President Obama want now unless we can reach an agreement having read this report, the question I to terminate and eliminate $2.7 billion on a long-term measure before then. would ask is, Why will there be any de- worth of earmarks that are inappro- The House has sent us a bill that will bate at all? The GAO has given us a priate. So that is $4 billion over 2 keep the government funded through roadmap. They have said: Here is where weeks. Our interest cost today and the end of the year. At the moment $100 billion—those are my numbers, not what we are borrowing is $3 billion. this next continuing resolution expires, theirs—of savings can come on an That is what we are borrowing a day we will be nearly halfway through the annualized basis on the first third of that we don’t have. Every day, we go fiscal year. The House bill contains a the discretionary side of the Federal into the markets and borrow $3 billion. much needed defense spending bill for Government. The discretionary pro- So over these 2 weeks, 14 days—14 the rest of the year. Many important grams of this government are 24 per- days—we are going to borrow $42 bil- programs have been delayed, and Sec- cent greater now than they were 2 lion, and we are only going to save $4 retary Gates has made clear that fur- years ago. billion. Do my colleagues see the mag- ther delay will harm combat readiness. The challenge we face before us as a nitude of the problem? We cannot con- So there are many compelling reasons nation is a far greater challenge than tinue to go in this direction. for us to reach agreement on a longer anything we have ever faced. That The bill the House sent us is a step in term bill. sounds like a gigantic overstatement, the right direction but far less than Madam President, I yield the floor. but when the Chairman of the Joint what is needed based on the reality of f Chiefs of Staff, who is head of all of our what is in front of us. Every dollar this military, reporting to our civilian offi- government spends, we borrow 40 cents RESERVATION OF LEADER TIME cials, says the greatest threat to this of it—40 cents. What do we think a 20- The ACTING PRESIDENT pro tem- country is our debt, we ought to wake year-old individual out there is going pore. Under the previous order, the up and pay attention to it. The average to see 20 years from now as a con- leadership time is reserved. American—75 percent of Americans— sequence of us going down the drain in

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1085 terms of the interest costs and the way to do it because nobody has ever from America—not inside Wash- debt? put a metric on it. ington—to fix the real problems. Necessity is the mother of invention. We have 30 separate programs on food As a physician, what I know is this: We have a need now as a nation—not as safety, run by 15 different Federal If I treat the symptoms of a disease Republicans and Democrats but as a agencies. We just added a whole bunch and do not treat the real disease, I ulti- Nation—to come together and make more with the last food safety bill— mately make the disease much worse. I the decisions that will put us on a none of which had a metric on it, none cover up the signs and symptoms of the course that guarantees the future for of which perfected the food safety in disease. The disease we have is a dis- our kids and grandkids. The easiest terms of interstate transport, which is ease of not recognizing the very crit- way I know right now to take some of undoubtedly a Federal responsibility. ical nature that you cannot—never— the sting out of the parochialism and How about an efficient and effective you can never live above and beyond partisanship is for every Member of way to do that. How about 1 agency your means without ultimately paying this body and those in the House to be- being responsible for food safety in- a greater price. The difference between come acutely aware of what this report stead of 15. the Federal Government, most of the says. We have 18 domestic food and nutri- State governments, and every family is The minority leader listed a few of tion programs—we spend $62.5 billion— when you have maxed out the credit the programs. Let me go through 11 of which we have no idea whether card, it is maxed. You are not going to these. Sitting at home or sitting in they are performing effectively. get another credit card company to your office, think about if any of this The first question you might ask is, give you more. You will either have to makes sense. How in the world did we get all these start paying or you will default on it. There are 82 separate teacher train- programs? We got all these programs The question comes, Will we honor ing programs run by the Federal Gov- because somebody saw a need and our true commitments? Will we make ernment—82 separate sets of bureauc- thought that would solve that need. the hard decisions that are required to racies and sets of Federal employees. They did so without the benefit of one put us on a path for renewed pros- None of these teacher training proof the No. 1 obligations of Congress, perity? Will we take real information— grams, by the way, have a metric on which is the oversight of the bureauc- and I have offered 70 amendments on them to evaluate whether they are suc- racy. We have all these complaints by this over the past 6 years, which have cessful. So when we are not success- those who favor the earmarking proc- been voted down—and will we start ful—and I question whether it is even ess that if we don’t earmark it, then paying attention now because, ulti- the role of the Federal Government to the Federal agencies will spend the mately, if we don’t make decisions be involved in teacher training. I money where they are. They forget one today that will control and set us on a couldn’t find it in the Constitution. little clue in terms of the Congress. We path of prosperity, we are going to be Thomas Jefferson couldn’t find it in have absolute power to oversee every in a position where our debtholders the Constitution. Roosevelt couldn’t branch of the Federal Government in will make our decisions for us. That is find it in the Constitution. Johnson terms of their effectiveness and their when liberty declines. That is when couldn’t find it in the Constitution. efficiency. American exceptionalism dies. That is They all said so. We have quotes on Yet we have not done it. The Con- when our destiny is taken from our that. Yet we have 82 programs, none of gress has that. Whether it is run by Re- hands. It should not be that way. which do we know whether they are publicans or Democrats, it is not done. I, again, call on the President to lead working. It is not a partisan issue. It is laziness this Nation to define the problem, the We have 47 job training programs, 44 on our part. It is far easier to write a real threat to our freedom, and come of which overlap one another—some to new bill that solves the same problem forward and pull us together and let’s the degree of 100 percent, some 60 per- and not oversee the others. Con- solve this problem, with everyone rec- cent. We spend $18 billion a year on it, sequently, we answer the humani- ognizing that everyone is going to sac- and not one of them has a measure- tarian, compassionate call to fix some- rifice, but the sacrifice will create a fu- ment of whether it is effective. We thing we have done by treating symp- ture benefit that will be rewarded in have a great need in our country today toms rather than the disease. the lives of our children and grand- to retrain people to available jobs. Yet We have a real disease in our country children. we don’t have any idea whether these today. The disease is a cancer that will I yield the floor and suggest the ab- will work. If you are trying to figure take away our freedom. If you look sence of a quorum. The ACTING PRESIDENT pro tem- out how to get through these programs, back in history, all republics have fallen. The average age of a republic is 206 pore. The clerk will call the roll. you need another government program The legislative clerk proceeded to to help you figure out how to get years. How did they fail? What caused them to fail? If you read the history call the roll. through them. Mr. KIRK. Madam President, I ask books and look at all of them, you will We have 20 offices with programs for unanimous consent that the order for find that even though they might have homeless people—20 different pro- the quorum call be rescinded. grams—at the Federal level. Again, if been overrun by an enemy, the key fac- The ACTING PRESIDENT pro tem- you read the Constitution and the enu- tor that caused them to fail was fiscal pore. Without objection, it is so or- merated powers, you find a real dif- every time. They lived beyond their dered. ficulty in saying whether that is a Fed- means. Look at what is happening to f eral responsibility versus a State re- us in the world today. The scope of our sponsibility. Yet we have 20 separate power militarily is being limited by GOVERNMENT SPENDING programs for homeless people. How our economic power because we are ex- Mr. KIRK. Madam President, I rise to about one that works—if, in fact, it is tremely far in debt. When you go to the support this continuing resolution. As a responsibility of the Federal Govern- lead economists, such as Ken Rogoff we know, the Senate is set to pass a ment. and Carmen Reinhart—the book they short-term funding bill, while negotia- We run 80 separate economic develop- have written is ‘‘This Time is Dif- tions continue on a longer term fund- ment programs—80 of them. That is in ferent.’’ The economists tell us our ing bill for the rest of the year. four different Cabinet agencies. We debt right now—not what is coming The administration has presented us spend $6.5 billion a year, and what the this next year but right now—with the with a request also to fund the govern- GAO says is you cannot say whether interest costs we have today, is costing ment next year and is expected to ask there is any economic development 1 percent of GDP. We are only going to for an increase in the Federal debt ceil- that has come out of this $6.5 billion. grow about 3.5 percent this year. If we ing. This legislation cuts about $4 bil- The Department of Transportation didn’t have the debt, it would be 4.5 lion. Up against our annual deficit or spends $58 billion on 100 separate pro- percent. That means 1 million more the total debt, it is but a microdrop in grams run by 5 different agencies with people would have great-paying jobs the budget. 6,000 employees, with no idea whether this year if we didn’t have this debt. So The Federal Government is on track that is the most efficient or effective there is a clarion call out there coming to spend about $3.7 trillion this fiscal

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1086 CONGRESSIONAL RECORD — SENATE March 2, 2011 year, while taking in only $2.2 trillion DEALING WITH THE DEFICIT tional debt and the deficit, and they in- in revenue. If we compared this to a Mr. SANDERS. Madam President, we tend to balance that budget on the middle-class example, it would be as if face as a nation some of the most dif- backs of working people, the elderly, someone was spending $37,000 a year, ficult circumstances this country has the sick, the poor, and the children. with an income of only $22,000. faced since the Great Depression. Two Among other things, which is incom- Replace ‘‘thousand’’ for ‘‘trillion’’ of the major issues we are facing is the prehensible to me, at a time when ap- and you get a good idea of how fiscally collapse of the middle class and, simul- proximately 16 percent of our people irresponsible the Federal Government taneously, while poverty increases and are truly unemployed—way above the has become. We have a $14 trillion debt the middle class in this country dis- official levels, the official numbers, be- and, as we all know now, we are bor- appears, we also find ourselves with a cause the official numbers do not in- rowing 40 cents of every $1 we spend. $14 trillion national debt and a $1.6 tril- clude those people who have given up Clearly, there is a growing danger in lion deficit. looking for work, those people working the country from tremendous debt and At this momentous time in American part-time when they want to work full- runaway spending. It is this resolution history, the question arises as to how time—the Republicans come up with a that will help in a very small way to we, in fact, will deal with the deficit. deficit reduction package which will put us on a better track. Will we deal with it in a way that is cost us some 700,000 jobs. I encourage us to use a multipronged fair and just or will we, at a time when Now, I don’t know how or why in the approach as we move forward. We need the gap between the very wealthy and middle of a severe recession, when un- to reverse the current spending trend everybody else is growing wider, in employment is so high, they would of the Congress. We need to address fact, try to balance the budget on the come up with a proposal that costs long-term obligations and put statu- backs of the middle class, on the backs 700,000 jobs. Madam President, you well know tory backstops into place to make sure of the poor, on the backs of the elderly, that we do an abysmal job in this coun- it will be very difficult for future Con- the sick, the children? gresses to do what past Congresses That is the question we have to ad- try in terms of taking care of our chil- have done. dress right now. dren. We have the highest rate of child- As a very new member of the Senate Yes, the deficit is a serious problem. hood poverty in the industrialized Appropriations Committee, I will be Yes, we have to go forward in deficit world. We have a totally inadequate asking Federal agencies to identify fur- reduction. But, no, in the midst of a early childhood education program in ther programs and ways to reduce Fed- major recession, it is morally wrong this country. Head Start, to the degree eral spending. The administration has and economically bad policy to balance that it is funded adequately, does a been on the right track in several key the budget on the backs of those people good job. But in the midst of the crisis areas. They have proposed to cut or who are already hurting. in early childhood education and terminate almost 150 discretionary pro- I find it interesting that some of the childcare, the Republican proposal grams that would save about $21 billion loudest voices who come before us would cut Head Start—Head Start—one and defense programs that would save every day talking about the serious of the most important programs in about $25 billion. But that savings problem of the deficit are precisely America, giving low-income kids a should be put to reducing our total those people who have voted time after chance to maybe get into school in the need to borrow and not bumped back time after time to raise the deficit, first grade, in kindergarten, on par into additional spending by the govern- raise the national debt. Yet now they with the other kids. They want to cut ment. come forward and say we have to cut that program by 20 percent from fiscal Additionally, we need to incorporate programs for the elderly, the poor, and year 2010, depriving over 200,000 little what we just learned from the Govern- the children in order to balance the kids the opportunity not only to re- ment Accountability Office about inef- budget. ceive early childhood education but ficient and duplicative areas of the I suppose it turns out that now I and health care benefits and nutrition ben- Federal budget. GAO’s recommenda- a few others are the real deficit hawks efits from this important program. tions for consolidations and elimi- in the Senate. When it came to the war I worked very hard to expand com- nating programs should be fully rein Iraq—which will end up costing us munity health centers in America be- viewed and, in many places, imple- some $3 trillion—I didn’t hear a whole cause maybe—just maybe—it is a bad mented for next year’s budget. lot of discussion about how that war idea that 45,000 Americans are going to Treasury Secretary Geithner will was going to be paid for. I voted die this year because they do not get to soon ask the Congress to increase the against that war. a doctor. Pick up the papers all over allowable Federal debt a fourth time When it came to giving huge tax America. Tens of thousands of people for the last 2 years. In my judgment, breaks to the wealthiest people in this are going to be thrown off Medicaid. Congress should say no unless such an country, I didn’t hear my Republican What do you do if you don’t have increase is coupled with new and dra- friends say: Oh, gee, we can’t do that health insurance and you are 40 or 50 matic antispending reforms that would because it is going to drive up the def- years of age and you get sick? What do make any future additions to our debt icit. I voted against tax breaks for the you do? Yet the Republican proposal nearly impossible. wealthy. would cut community health centers While defaulting on U.S. bonds is not When it came to passing an unfunded by $1.3 billion, denying 11 million pa- an option, Congress must tie future $4 billion Medicare Part D prescription tients access to quality primary health debt limit extensions to reforms that drug program—written by the insur- care. In the midst of a major health produce much smaller and smarter gov- ance companies and the drug compa- care crisis, when millions of people are ernment. As Indiana’s Governor Dan- nies—I didn’t hear my Republican uninsured—50 million uninsured and iels has said: ‘‘You will never know friends say our kids and grandchildren people being thrown off Medicaid—you how much government you won’t are going to have to pay for that. I don’t shut down community health miss.’’ voted against that. centers and deny people access to I yield the floor. I suggest the ab- Madam President, you will recall health care. sence of a quorum. that after the crooks on Wall Street In Vermont—and I am sure in New The ACTING PRESIDENT pro tem- drove this Nation into a recession and York State—young people are finding pore. The clerk will call the roll. they needed a bailout from the Amer- it very difficult to afford a college edu- The legislative clerk proceeded to ican people, you didn’t hear too many cation. They are coming out of college call the roll. of our friends who voted for that bail- deeply in debt. In some cases, they Mr. SANDERS. Madam President, I out say: Oh, we can’t do that; it is un- can’t go to college. We are falling be- ask unanimous consent that the order paid for. It is going to drive up the def- hind other countries in terms of the for the quorum call be rescinded. icit and the national debt. You didn’t percentage of our young people grad- The ACTING PRESIDENT pro tem- hear that. uating from college. Yet the Repub- pore. Without objection, it is so or- But now, suddenly we have people lican proposal would reduce by 17 per- dered. who have great concern about the na- cent the average Pell grant, and 9.4

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1087 million low-income college students The legislative clerk proceeded to cuts there—all of them. As a result, would lose some or all of their Pell call the roll. they went too far. Let me give an ex- grant. Mr. DURBIN. Madam President, I ask ample of how they went too far. At this moment in American history unanimous consent that the order for My last visit was to the Argonne Na- where we are involved in an inter- the quorum call be rescinded. tional Laboratory outside of Chicago. I national, global economy, with so The ACTING PRESIDENT pro tem- had representatives there from the much pressure from abroad, we have to pore. Without objection, it is so or- Fermilab, a national accelerator lab- invest more in education, more in high- dered. oratory in the same region. The result- er education, not less. Mr. DURBIN. What is the pending ing cuts from the House budget will re- In the State of Vermont, the Commu- business before the Senate? duce the amount of money available nity Services Block Grant Program The ACTING PRESIDENT pro tem- for those two key national laboratories provides vital services to low-income pore. The Senate is in morning busi- by 20 percent. That sounds painful but people who are in need of emergency ness. not crippling; yet it is because it is a food, emergency housing—emergency Mr. DURBIN. I ask consent to speak cut that has to take place in 7 months. services. They do a great job. The Re- in morning business for a few minutes. In the Argonne National Laboratory, publican proposal would cut the Com- The ACTING PRESIDENT pro tem- they will have to lay off one-third of munity Services Block Grant Program pore. Without objection, it is so or- their scientists and support staff and by $405 million, which would harm 20 dered. cut back their research by 40 to 50 per- million low-income people, including f cent for the remainder of this year. millions of seniors. THOUGHTFUL BUDGETING Well, so what. What difference would it Lastly—not lastly because there is a make? Here is the difference. Right long list of these cuts which make no Mr. DURBIN. Madam President, in a now, the Argonne National Laboratory sense to me—I want to mention a cut few minutes the Senate will gather is doing critical research and work in of $1.3 billion to the Social Security here to vote on the continuing resolu- areas of innovation. Where is the fast- Administration. Our Republican tion which funds our Federal Govern- est computer in the world today? Good friends say we are not cutting Social ment, in this case for 2 weeks. It is old USA, right? No. The fastest com- Security, but they are proposing a $1.3 hard to believe we have reached that puter in the world today is in China. billion cut to the Social Security Ad- point in Washington where we are We have been doing research to make ministration—the people who admin- going to fund our government 2 weeks sure we develop the next ‘‘fastest com- ister the program. What does that at a time. Critics may look at us and puter.’’ It is not just bragging rights mean? say that certainly the men and women either; it is developing the technology Right now, there is a significant who serve in the House and Senate delay if you are looking for disability that helps us develop our economy and ought to be able to gather together, to develop our businesses and create jobs. benefits—a huge delay. People are call- sit down like adults, Democrats and ing my office all the time saying they Part of this laboratory, the Advanced Republicans, and really plot the spend- Photon Source, brings in pharma- can’t find anybody to process their ing and budget for our government for claims. Yet the Republicans would pro- ceutical companies from all over the at least the remaining 7 months of this United States that test drugs that cure pose a $1.3 billion cut, which would year. It does not seem like an unrea- delay Social Security benefits to about disease. They do it right there, Ar- sonable request. Instead, we appear to gonne National Laboratory. 500,000 Americans. be lurching from 1 month to 2 weeks, The issue is pretty clear: The top 1 I asked the person from Eli Lily what and I don’t know what is next. percent in America earns 23 percent of happens if they close down for the next What is at issue is how much money all income, more than the bottom 50 6 months. will be spent in the remainder of this percent. The wealthiest people in this He said: I don’t know where we will year and whether we will follow the country over the last 20 years have go. We may have to go overseas. House lead in a bill known as H.R. 1, seen a reduction—a reduction—in the I said: Where? the House budget bill, which made $100 tax rates they pay. Today, at 16 per- Well, Europe, he said, or perhaps billion in cuts for the remainder of this cent, the wealthiest people in this India or China. year. The Senate has already made country are paying the lowest tax rates Time and again, there is a recurring that the rich have paid in many dec- some $41 billion in cuts in an effort to theme here. When we back off of an in- ades. use these spending cuts to reduce the vestment in America, our competitors This is not a complicated issue. This deficit, but the House wants to move have an advantage and an opportunity. issue is, do we move forward to balance that to a higher level. That is why the House budget was so the budget on the backs of people who I just returned this past week from a shortsighted to cut back in research are on Social Security, on the backs of visit to my State when we had a week and innovation. little children who need Head Start, on of recess and went from one end of the The day before, I had gone to the the backs of seniors in the State of State to the other to measure the Northwestern University Cancer Re- Vermont who depend upon heating as- House budget cuts and their impact on search Center and met with 50 or 60 sistance? Do we balance the budget on my State of Illinois. What I found is, in medical doctors and researchers who the backs of the weak, the vulnerable, community after community, many of said the cuts in the House budget the elderly or the poor or do we say: the cuts that were made by the House would force them to lay off medical re- When we have an increasingly unequal were not done in a thoughtful manner. searchers for the remainder of this distribution of income—the rich are I was a member of the deficit com- year. Is there anyone among us who doing very well—do we ask the wealthi- mission. I acknowledge we have to deal has not had a moment in life when est people to start paying their fair with this deficit in a timely and seri- someone sick in their family needs share of taxes? ous way. I was 1 of the 11 who voted for help? You look for the best doctor and The American people are pretty clear the commission report, and I stand by best hospital and ask that question we on this matter. They think it is wrong the commission report, at least in its all would ask: Doctor, is there any- to balance the budget on the backs of goal to bring all of our spending on the thing going on? Is there a drug we can those people who are already hurting table and to look at it seriously so we turn to? Is there some experimental op- in a recession. Let’s ask the people on bring this deficit down and not saddle portunity here? top to start paying their fair share so our children and grandchildren with The clinical trials that are part of we can see some shared sacrifice in the this obligation to pay off our debt. But the National Institutes of Health will midst of this recession. we took a measured, thoughtful ap- be cut back by 20 percent during the re- Madam President, with that, I yield proach and engaged all levels of gov- mainder of this year. The oncologist at the floor, and I suggest the absence of ernment spending to reach our goal. the Southern Illinois University School a quorum. The House took 14 percent of the of Medicine said: I have 100 people suf- The ACTING PRESIDENT pro tem- Federal budget, the so-called domestic fering from cancer who are gravely ill, pore. The clerk will call the roll. discretionary section, and made all the and unfortunately I can only put 80 of

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1088 CONGRESSIONAL RECORD — SENATE March 2, 2011 them in a clinical trial because of advantage to a CR—it is better than those cuts. We will also cut tens of mil- these budget cutbacks. Senator, which the alternative, a government shut- lions of dollars from energy research ones should I turn away? down. projects at the very moment our Na- That is why the decisions on cutting The House has proposed a 2-week tion faces the urgent task of liberating money should require more than just continuing resolution, which would ourselves from dependence on foreign bragging rights of how much you cut. keep the government operating oil. These cuts will damage our econ- We should be thoughtful. We should through March 18. The proposal in- omy today, and they will damage our not cut education and training; that is cludes $4 billion in cuts, many of which competitiveness tomorrow. They will tomorrow’s workforce. The Pell grants were recommended by the President in do our country harm. that are denied today stop children, his fiscal year 2012 budget request. The new House Republican majority young people from low-income fami- Clearly, the 2-week extension in this sent us those spending cuts while con- lies, from going to school and getting CR does not provide sufficient time to tinuing big tax cuts for upper income an education and being prepared for hammer out a final agreement. At this taxpayers. Last year, when we ap- the workforce. The cutback in innova- point, however, it would appear that proved the extension of those tax cuts, tion and research we have seen here the only alternative is a government I opposed them. I did so because I with this House budget goes too far. shutdown. This is an unacceptable out- feared that they would create such The idea that we cannot invest in basic come—the consequences for our econ- strain in the budget that some would infrastructure for America so our economy and the American people would be argue for massive, damaging cuts in omy moves forward is so shortsighted. severe. As a result, I have come to the spending levels. The legislation before Today, we are likely, by a strong bi- reluctant conclusion that we should us is confirmation that those fears partisan vote, to extend the budget of pass this extension quickly and send it were justified. The cuts it would im- the U.S. Government for 2 weeks. In to the President for his signature. pose would do very little to reduce our the meantime, we have to sit down and As things stand today, I believe that budget deficit, while doing much to be honest, honest about reducing the we will find ourselves in the same place harm working Americans, and leave deficit in a thoughtful way that does 2 weeks from now. I am not optimistic untouched one large cause of deficits, not cripple our economy, that does not that there will be sufficient time to the unfair and unnecessary tax cuts for kill basic research, that does not stop work out a final deal that will pass the upper bracket Americans. In fact, the the job training and education we need House and Senate prior to March 18. I price of those tax cuts for upper brack- for the workforce of the 21st century hope I am wrong, but the reality is et taxpayers, about $30 billion a year, because, I will tell you this, if we don’t that the two Houses remain far apart far exceeds the $4 billion in spending think about it carefully, our competi- and the negotiations will be long and cuts included in this bill. In other tors around the world, particularly the intense. By accepting this extension, words, we could avoid draconian spend- No. 2 economy in the world today— Senate Democrats have demonstrated a ing cuts if we do not continue the Bush China—will have an opportunity for a good faith effort to work with our tax cuts for the roughly one in 50 U.S. toehold and an opportunity to move House and Senate Republican counter- households with incomes above $250,000 forward at the expense of American parts on a reasonable compromise that a year, households that have done very businesses and American workers. will end the current budget stalemate. well in the last 10 years while the mid- In this recession, with 15 million Let us hope that our colleagues on the dle class has lost ground. Americans out of work, we cannot af- other side of the aisle are willing to That is not a fair approach. I cannot ford to make the wrong decision on our meet us half way as we move forward agree to it, and I will vote against this budget. We have to sit down and make with these critical negotiations in the continuing resolution. the right decision, carefully cutting weeks to come. I yield the floor. I suggest the ab- waste and inefficiency—and there is Mr. LEVIN. Madam President, let us sence a quorum. plenty of it—but not cutting the essen- be clear about where we are. The legis- The ACTING PRESIDENT pro tem- tial services of our government that lation before us is designed to avoid a pore. The clerk will call the roll. will build our economy and give us a shutdown of the Federal Government. The legislative clerk proceeded to chance to succeed in the future. It would provide funding for a 2-week call the roll. Mark Zandi, who is with Moody’s, period while we continue to debate and Mr. UDALL of New Mexico. Madam has said that H.R. 1, the House budget, negotiate funding levels for the rest of President, I ask unanimous consent will literally kill 700,000 jobs in Amer- fiscal year 2011. The price its sup- that the order for the quorum call be ica. With 15 million Americans out of porters want to exact for that 2-week rescinded. work, is that the best Congress can do? respite is our agreement to major cuts The ACTING PRESIDENT pro tem- I don’t think so. Let’s be thoughtful in spending, without any attempt to pore. Without objection, it is so or- about what we are going to do. Let’s address our deficit by closing tax loop- dered. make sure we get this economy moving holes. forward and creating good-paying jobs I do not believe we should pay that f for Americans so we can walk into a price. Let me offer one example why. CONCLUSION OF MORNING store someday, pick up a product, flip Under this continuing resolution, the BUSINESS it over, and smile when we read ‘‘Made Army Corps of Engineers’ investiga- The ACTING PRESIDENT pro tem- in the U.S.A.’’ Wouldn’t that be a great tions budget—the funding for Army pore. Morning business is closed. thing to prepare for by spending our Corps studies of possible projects— money, investing our resources today would be reduced by 35 percent, for the f whole year, not just this 2-week period. for the workforces and businesses of to- MAKING FURTHER CONTINUING The Corps’ construction budget would morrow? APPROPRIATIONS FOR FISCAL be reduced by 17 percent. What does f YEAR 2011 that mean? It means that the Army THE CONTINUING RESOLUTION Corps of Engineers, which already faces The ACTING PRESIDENT pro tem- Mr. INOUYE. Madam President, this a huge backlog of necessary projects, pore. Under the previous order, the is the fifth time this fiscal year that I would be deprived of a big chunk of the Senate will proceed to the consider- have urged the Senate to support a funding it needs to do its vital work, ation of H.J. Res. 44, which the clerk continuing resolution to keep the Fed- funding that was included in the Presi- will report by title. eral Government running. CRs are inef- dent’s budget for 2011. The legislative clerk read as follows: ficient and hamstring our agencies and This legislation exacts other big A joint resolution (H.J. Res. 44) making departments, especially the Depart- cuts. It reduces funding for surface further continuing appropriations for fiscal ment of Defense in a time of war. A CR transportation projects by $293 million. year 2011, and for other purposes. funds programs that should be termi- We will not build needed roads and The joint resolution was ordered to a nated and does not fund programs that bridges—and we will not gain the jobs third reading and was read the third need to be initiated. There is only one those projects would create—under time.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1089 Mr. UDALL of New Mexico. Madam The ACTING PRESIDENT pro tem- tion’s Statement of Administration President, I ask for the yeas and nays. pore. The Senator from Texas. Policy notes that the reform to a first- The ACTING PRESIDENT pro tem- (The remarks of Mrs. HUTCHISON are inventor-to-file system ‘‘simplifies the pore. Is there a sufficient second? printed in today’s RECORD under process of acquiring rights’’ and de- There is a sufficient second. ‘‘Morning Business.’’) scribes it as an ‘‘essential provision The question is on passage of the The ACTING PRESIDENT pro tem- [to] reduce legal costs, improve fair- joint resolution. pore. The Senator from Vermont. ness and support U.S. innovators seek- The clerk will call the roll. Mr. LEAHY. Madam President, yes- ing to market their products and serv- The assistant legislative clerk called terday, we were finally able to make ices in a global marketplace.’’ I agree, the roll. progress when the Senate proceeded to and believe it should help small and The result was announced—yeas 91, a vote on the managers’ amendment, independent inventors. nays 9, as follows: the Leahy-Grassley-Kyl amendment, to This reform has broad support from a [Rollcall Vote No. 29 Leg.] the America Invents Act. That was a diverse set of interests across the pat- YEAS—91 very important amendment, with con- ent community, from life science and Akaka Enzi Mikulski tributions from many Senators from high-tech companies to universities Alexander Feinstein Moran both sides of the aisle. It should ensure and independent inventors. Despite the Ayotte Franken Murkowski our moving forward to make the Barrasso Gillibrand Nelson (NE) very recent efforts of a vocal minority, Baucus Graham Nelson (FL) changes needed to unleash American there can be no doubt that there is Begich Grassley Portman innovation and create jobs without wide-ranging support for a move to a Bennet Hagan Pryor spending a single dollar of taxpayer first-inventor-to-file patent system. A Bingaman Hoeven Reed Blumenthal Hutchison money. In fact, according to the Con- transition to first-inventor-to-file is Reid Blunt Inhofe Roberts gressional Budget Office, enactment of necessary to fulfill the promises of Boozman Inouye the bill will save millions of dollars. higher quality patents and increased Boxer Isakson Rockefeller Brown (MA) Johanns Rubio I also thank those Senators who have certainty that are the goals of the Brown (OH) Johnson (SD) Schumer stayed focused on our legislative effort, America Invents Act. Burr Johnson (WI) Sessions and who joined in tabling those amend- This improvement is backed by Shaheen Cantwell Kerry ments that have nothing to do with the broad-based groups such as the Na- Cardin Kirk Shelby Carper Klobuchar Snowe subject of the America Invents Act. Ex- tional Association of Manufacturers, Casey Kohl Stabenow traneous amendments that have noth- the American Intellectual Property Chambliss Kyl Tester ing to do with the important issue of Law Association, the Intellectual Prop- Coats Landrieu Thune reforming our out-of-date patent sys- erty Owners Association, the American Coburn Lautenberg Toomey Cochran Leahy Udall (CO) tem so that American innovators can Bar Association, the Association for Collins Lieberman Udall (NM) win the global competition for the fu- Competitive Technology, the Business Conrad Lugar Vitter ture have no place in this important Software Alliance, and the Coalition Coons Manchin Warner Corker bill. They should not be used to slow for 21st Century Patent Reform, among McCain Webb Cornyn McCaskill its consideration and passage. If Amer- Whitehouse others. All of them agree that DeMint McConnell Wicker ica is to win the global economic com- transitioning our outdated patent sys- Durbin Menendez Ensign Merkley Wyden petition, we need the improvements in tem to a first-inventor-to-file system is our patent system that this bill can a crucial component to modernizing NAYS—9 bring. our patent system. I also commend the Crapo Lee Paul I continue to believe, as I have said assistant Republican leader for his re- Harkin Levin Risch Hatch Murray Sanders all week, that we can finish this bill marks yesterday strongly in favor of today, and show the American people the first-inventor-to-file provisions. The joint resolution (H.J. Res. 44) that the Senate can function in a bi- A transition to a first-inventor-to- was passed. partisan manner. We have not been as file system is needed to keep America Mr. LEAHY. I move to reconsider the efficient as I would have liked. We have at the pinnacle of innovation by ensur- vote and I move to lay that motion on been delayed for hours at a time, and ing efficiency and certainty in the pat- the table. The motion to lay on the table was forced into extended quorum calls rath- ent system. This transition is also nec- agreed to. er than being allowed to consider rel- essary to better equip the Patent and evant amendments to this bill. None- Trademark Office, PTO, to work f theless, we are on the brink of dis- through its current backlog of more PATENT REFORM ACT OF 2011 posing of the final amendments and than 700,000 unexamined patent appli- The ACTING PRESIDENT pro tem- passing this important legislation. cations through work-sharing agree- pore. Under the previous order, the Today we should be able to adopt the ments with other patent-granting of- Senate will resume consideration of S. Bennet amendment on satellite offices fices. 23, which the clerk will report. and the Kirk-Pryor amendment regard- The Director of the PTO often says The assistant legislative clerk read ing the creation of an ombudsman for that the next great invention that will as follows: patents relating to small businesses. I drive our economic growth may be sit- A bill (S. 23) to amend title 35, United hope that we can adopt the Menendez ting in its backlog of applications. The States Code, to provide for patent reform. amendment on expediting patents for time consuming ‘‘interference pro- Pending: important areas of economic growth, ceedings’’ that are commonplace in our Leahy amendment No. 114, to improve the like energy and the environment, as current, outdated system are wasting bill. well. I am prepared to agree to short valuable resources that contribute to Bennet amendment No. 116, to reduce the time agreements for additional debate, this delay, and unfairly advantage fee amounts paid by small entities request- if needed, and votes on those amend- large companies with greater re- ing prioritized examination under Three- ments. sources. Track Examination. The remaining issue for the Senate A transition to a first-inventor-to- Bennet amendment No. 117, to establish file system was recommended in the additional USPTO satellite offices. to decide will be posed by an amend- Lee amendment No. 115, to express the ment that Senator FEINSTEIN has filed 2004 Report by the National Academy sense of the Senate in support of a balanced to turn back the advancement toward a of Sciences. The transition has been a budget amendment to the Constitution. first-inventor-to-file system. part of this bill since its introduction Kirk-Pryor amendment No. 123, to provide I want to take a moment to talk four Congresses ago. This legislation is a fast lane for small businesses within the about an important component of the the product of eight Senate hearings U.S. Patent and Trademark Office to receive America Invents Act, the transition of and three markups spanning weeks of information and support regarding patent the American patent system to a first- consideration and many amendments. filing issues. Menendez amendment No. 124, to provide inventor-to-file system. I said yester- Until very recently, first-inventor-to- for prioritized examination for technologies day that the administration strongly file had never been the subject of even important to American competitiveness. supports this effort. The administra- a single amendment in committee.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1090 CONGRESSIONAL RECORD — SENATE March 2, 2011 Senator FEINSTEIN has worked with tion or disclosure cannot be used The Leahy-Grassley-Kyl amendment me on this bill, has cosponsored it in against him as prior art, but will act as should ensure our moving forward to the past and has voted for it. prior art against another patent appli- make the changes needed to unleash I urge Senators who support the cation. This will encourage early dis- American innovation and create jobs goals of the America Invents Act to closure of new inventions, regardless of without spending a single dollar of tax- vote against this amendment to strike whether the inventor ends up trying to payer money. In fact, according to the the bill’s important reform represented patent the invention. Congressional Budget Office, enact- by the first-inventor-to-file provision. For these reasons among others, the ment of the bill will save millions of Every industrialized nation other than transition is supported by the over- dollars. These are not bumper slogan the United States uses a patent pri- whelming majority of the patent com- ideas of saving money. These are actu- ority system commonly referred to as a munity and American industry, as well ally doing the hard work necessary to ‘‘first-to-file’’ system. In a first-inven- as the administration and the experts save money. tor-to-file system, the priority of a at the Patent and Trademark Office. I thank those Senators who have right to a patent is based on the earlier This past weekend, the Washington stayed focused on our legislative effort filed application. This adds simplicity Post editorial board endorsed the tran- and who joined in tabling nongermane and objectivity into a very complex sition, calling the first-inventor-to-file amendments that had nothing to do system. By contrast, our current, out- standard a ‘‘bright line,’’ and stating with the subject of the America In- dated method for determining the pri- that it would bring ‘‘certainty to the vents Act. ority right to a patent is extraor- process.’’ The editorial also recognizes Extraneous amendments that have dinarily complex, subjective, time-in- the ‘‘protections for academics who nothing to do with the important issue tensive, and expensive. The old system share their ideas with outside col- of reforming our out-of-date patent almost always favors the larger cor- leagues or preview them in public sem- system so American innovators can poration and the deep pockets over the inars’’ that are included in the bill. win the global competition for the fu- small, independent inventor. The Small Business & Entrepreneur- ture have no place in this important The transition to a first-inventor-to- ship Council has expressed its strong bill. file system will benefit the patent com- support for the first-inventor-to-file We are at a time when China and Eu- munity in several ways. It will simplify system, writing that ‘‘small firms will rope and the rest of Asia are moving the patent application system and pro- in no way be disadvantaged, while op- ahead of us. We need the tools to keep vide increased certainty to businesses portunities in the international mar- up. We should not waste time with a that they can commercialize a patent kets will expand.’’ lot of sloganeering amendments that The Intellectual Property Owners As- that has been granted. Once a patent is would stop the bill. What we ought to sociation calls the first-inventor-to-file granted, an inventor can rely on its fil- focus on is making America good and system ‘‘central to modernization and ing date on the face of the patent. This making sure we can compete with the simplification of patent law’’ and ‘‘very certainty is necessary to raise capital, rest of the world. We should not have widely supported by U.S. companies.’’ amendments used to slow this bill’s grow businesses, and create jobs. Independent inventor Louis Foreman The first-inventor-to-file system will consideration and passage. If America has said the first-inventor-to-file tran- also reduce costs to patent applicants is going to win the global economic sition will help ‘‘independent inventors and the Patent Office. This, too, should competition, we need the improve- across the country by strengthening ments in our patent system this bill help the small, independent inventor. the current system for entrepreneurs In the outdated, current system, when can bring. and small businesses.’’ I continue to believe, as I have said more than one application claiming And, in urging the transition to the all week, we can finish the bill—we ac- the same invention is filed, the priority first-to-file system, the Association for tually could have finished it yesterday, of a right to a patent is decided Competitive Technology, which rep- when you consider all the time wasted through an ‘‘interference’’ proceeding resents small and mid-size IT firms, in quorum calls—but I believe we can to determine which applicant can be has said the current first-to-invent sys- finish it today and show the American declared to have invented the claimed tem ‘‘negatively impacts entre- people the Senate can function in a bi- invention first. This process is lengthy, preneurs’’ and puts American inventors partisan manner. complex, and can cost hundreds of ‘‘at a disadvantage with competitors We have not been as efficient as I thousands of dollars. Small inventors abroad who can implement first inven- would have liked. We have been de- rarely, if ever, win interference pro- tor to file standards.’’ layed for hours at a time and forced ceedings. In a first-inventor-to-file sys- If we are to maintain our position at into extended quorum calls rather than tem, however, the filing date of the ap- the forefront of the world’s economy, if being allowed to consider relevant plication is objective and easy to deter- we are to continue to lead the globe in amendments to the bill. But we are on mine, resulting in a streamlined and innovation and production, if we are to the brink of disposing of the final less costly process. win the future through American inge- amendments and passing this impor- Importantly, a first-inventor-to-file nuity and innovation, then we must tant legislation. system will increase the global com- have a patent system that is stream- We should be able to adopt the Ben- petitiveness of American companies lined and efficient. The America In- net amendment on satellite offices ei- and American inventors. As business vents Act, and a transition to a first- ther by a voice vote or a rollcall, I and competition are increasingly glob- inventor-to-file system in particular, would hope in the next few minutes, al in scope, inventors must frequently are crucial to fulfilling this promise. and the Kirk-Pryor amendment regard- file patent applications in both the Madam President, in summary, as I ing the creation of an ombudsman for United States and other countries for said, yesterday we were finally able to patents relating to small businesses. protection of their inventions. Since make progress when the Senate pro- I hope we can adopt the Menendez America’s current, outdated system ceeded to a vote on the managers’ amendment on expediting patents for differs from the first-inventor-to-file amendment, the Leahy-Grassley-Kyl important areas of economic growth, system used in other patent-issuing ju- amendment, to the America Invents such as energy and the environment, as risdictions, it causes confusion and in- Act. It was a very important amend- well. I am prepared to agree to very efficiencies for American companies ment, with contributions from many short time agreements for additional and innovators. Harmonization will Senators from both sides of the aisle. debate, if needed. If a rollcall is called benefit American inventors. I think it was a little bit frustrating for, I am happy to have those. Finally, the first-inventor-to-file pro- for the public to watch. They saw us The remaining issue for the Senate visions that are included in the Amer- several hours in quorum calls and then to decide will be posed by an amend- ica Invents Act were drafted with care- having an amendment that passed 97 to ment Senator FEINSTEIN filed to turn ful attention to needs of universities 2. I would hope we might, in doing the back the advancement toward a first- and small inventors. That is why the Nation’s business, move with a little inventor-to-file system. bill includes a 1-year grace period to bit more speed. But I do thank those I wish to take a moment to talk ensure that an inventor’s own publica- Senators who supported it. about an important component of the

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1091 America Invents Act, the transition of reasons, among others, this transition During the debate over this legislation, it the American patent system to a first- is supported by the overwhelming ma- is expected that two important areas of re- inventor-to-file system. This is strong- jority of the patent community and form will come under attack. First, the U.S. patent system is out of step ly supported by the administration and American industry, as well as the ad- with the rest of the world. The U.S. grants by the managers of this package. The ministration and experts at the Patent patents on a first-to-invent basis, rather administration’s Statement of Admin- and Trademark Office. than the first-inventor-to-file system that istration Policy notes that the reform At this time I wish to have printed in the rest of the world follows. First-to-invent to a first-inventor-to-file system ‘‘sim- the RECORD a few letters of support for is inherently ambiguous and costly, and plifies the process of acquiring rights,’’ the transition to first-to-file. that’s bad news for small businesses and in- and it describes it as an ‘‘essential pro- The Small Business & Entrepreneur- dividual inventors. In a 2004 report from the National Re- vision [to] reduce legal costs, improve ship Council says that ‘‘by moving to a search Council of the National Academies fairness and support U.S. innovators first-inventor-to-file system, small (titled ‘‘A Patent System for the 21st Cen- seeking to market their products and firms will in no way be disadvantaged, tury’’), it was pointed out: ‘‘For those sub- services in a global marketplace.’’ I while opportunities in international ject to challenge under first-to-invent, the agree. I also believe it should help markets will expand.’’ proceeding is costly and often very pro- small and independent inventors. The Intellectual Property Owners As- tracted; frequently it moves from a USPTO This reform has broad support from a sociation says the transition to first- administrative proceeding to full court liti- diverse set of interests across the pat- inventor-to-file ‘‘is central to mod- gation. In both venues it is not only evidence ent community, from life science and of who first reduced the invention to prac- ernization and simplification of patent tice that is at issue but also questions of high-tech companies to universities law and is very widely supported by proof of conception, diligence, abandonment, and independent inventors. Despite the U.S. companies.’’ suppression, and concealment, some of them very recent efforts—and they were very BASF says the first-to-file system requiring inquiry into what an inventor recent efforts; after all, we have been will ‘‘enhance the patent system in thought and when the inventor thought it.’’ working on this bill for years—of a ways that would benefit all sectors of The costs of this entire process fall more vocal minority, there can be no doubt the U.S. economy.’’ heavily on small businesses and individual that there is wide-ranging support for a inventors. And the American Bar Association As for the international marketplace, pat- move to a first-inventor-to-file patent refutes claims that the first-to-file sys- ent harmonization among nations will make system. tem would disadvantage small and it easier, including less costly, for small A transition to first-inventor-to-file independent inventors, saying that the firms and inventors to gain patent protec- system is necessary to fulfill the prom- legislation ‘‘makes it clear that the tion in other nations, which is critical to ises of higher quality patents and in- award goes to the first inventor to file being able to compete internationally. By creased certainty that are the goals of and not merely to the first person to moving to a first-inventor-to-file system, the America Invents Act. This im- file.’’ small firms will in no way be disadvantaged, provement is backed by broad-based while opportunities in international markets I ask unanimous consent that copies will expand. groups such as the National Associa- of these letters be printed in the Second, as for improving the performance tion of Manufacturers, the American RECORD. of the USPTO, it is critical that reform pro- Intellectual Property Law Association, There being no objection, the mate- tect the office against being a ‘‘profit cen- the Intellectual Property Owners Asso- rial was ordered to be printed in the ter’’ for the federal budget. That is, the ciation, the American Bar Association, RECORD, as follows: USPTO fees should not be raided to aid Con- the Association for Competitive Tech- gress in spending more taxpayer dollars or to SMALL BUSINESS subsidize nonrelated programs. Instead, nology, the Business Software Alli- & ENTREPRENEURSHIP COUNCIL, ance, and the Coalition for 21st Cen- those fees should be used to make for a Oakton, VA, February 28, 2011. quicker, more predictable patent process. tury Patent Reform, among others. All Hon. PATRICK LEAHY, Thank you for your leadership Senator of them agree that transitioning our U.S. Senate, Russell Senate Bldg., Leahy. Please feel free to contact SBE Coun- outdated patent system to a first-in- Washington, DC. cil if we can be of assistance on this impor- ventor-to-file system is a crucial com- DEAR SENATOR LEAHY: The Small Business tant issue for small businesses. ponent to modernizing our patent sys- & Entrepreneurship Council (SBE Council) Sincerely, and its members across the nation have been tem. KAREN KERRIGAN, strong advocates for patent reform. We are President & CEO. I commend the assistant Republican pleased that you have introduced the Patent leader for his remarks yesterday Reform Act (S. 23), and we strongly endorse INTELLECTUAL PROPERTY strongly in favor of the first-inventor- this important piece of legislation. OWNERS ASSOCIATION, to-file provisions. It actually allows us An effective and efficient patent system is Washington, DC, February 25, 2011. to put America at the pinnacle of inno- critical to small business and our overall Re Amendments to S. 23, the ‘‘Patent Re- vation by ensuring efficiency and cer- economy. After all, the U.S. leads the globe form Act of 2011.’’ in entrepreneurship, and innovation and in- tainty in the patent system. Honorable ll, vention are central to our entrepreneurial This transition is also necessary to U.S. Senate, successes. Indeed, intellectual property— better equip the Patent and Trademark ll Senate Office Building, Washington, DC. most certainly including patents—is a key DEAR SENATOR ll: Intellectual Property Office to work through its current driver to U.S. economic growth. Patent re- backlog. That backlog has more than Owners Association (IPO) is pleased that the form is needed to clarify and simplify the Senate is planning to proceed with consider- 700,000 unexamined patent applications. system; to properly protect legitimate pat- ation of S. 23, the ‘‘Patent Reform Act of A transition to a first-inventor-to- ents; and to reduce costs in the system, in- 2011.’’ file system will benefit the patent com- cluding when it comes to litigation and the IPO is one of the largest and most diverse munity in several ways. It will simplify international marketplace. trade associations devoted to intellectual the patent application system and pro- Make no mistake, this is especially impor- property rights. Our 200 corporate members vide increased certainty to businesses tant for small businesses. As the Congres- cover a broad spectrum of U.S. companies in sional Research Service has reported: ‘‘Sev- industries ranging from information tech- that they can commercialize a patent eral studies commissioned by U.S. federal that has been granted. nology to consumer products to pharma- agencies have concluded that individuals and ceuticals and biotechnology. The first-inventor-to-file system will small entities constitute a significant source We wish to give you our advice on amend- also reduce costs to patent applicants of innovative products and services. Studies ments that we understand might be offered and the Patent Office. Importantly, a have also indicated that entrepreneurs and during consideration of S. 23: first-inventor-to-file system will in- small, innovative firms rely more heavily Vote AGAINST any amendment to delete crease the global competitiveness of upon the patent system than larger enter- the ‘‘first-inventor-to-file’’ and related pro- American companies and American in- prises.’’ visions in section 2 of the bill. First-inven- ventors. Also, the first-inventor-to-file The Patent Reform Act works to improve tor-to-file, explained in a 1-page attachment the patent system in key ways, including, provisions that are included in the to this letter, is central to modernization for example, by lowering fees for micro-enti- and simplification of patent law and is very America Invents Act were drafted with ties, and by shortening time periods for pat- widely supported by U.S. companies. careful attention to needs of univer- ent reviews by making the system more pre- Vote FOR any amendment guaranteeing sities and small inventors. For these dictable. the U.S. Patent and Trademark Office access

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1092 CONGRESSIONAL RECORD — SENATE March 2, 2011 to all user fees paid to the agency by patent a ‘‘first to file’’ system, an appropriate role peting claims to the same invention, and fa- and trademark owners and applicants. Cur- for the court in establishing patent damages, cilitates protracted legal battles in adminis- rent delays in processing patent applications and improved mechanisms for challenging trative and court proceedings, which are ex- are totally unacceptable and the result of an granted patents enhance the patent system tremely costly, in both time and money. underfunded Patent and Trademark Office. in ways that would benefit all sectors of the Some have long thought that small and Vote AGAINST any amendment that U.S. economy. independent inventors would be disadvan- would interpose substantial barriers to en- I want to stress that BASF supports S. 23 taged in a first-inventor-to-file environment forcement of validly-granted ‘‘business in the form recently passed out of the Senate and that competitors with more resources method’’ patents. IPO supports business Judiciary Committee via a bipartisan 15–0 might learn of their inventions and get to method patents that were upheld by the U.S. vote. This bill represents a great deal of the U.S. Patent Office first with an applica- Supreme Court in the recent Bilski decision. work and hard fought consensus. We ask that tion. This current legislation, however, For more information, please call IPO at you reject amendments on the floor that makes it clear that the award goes to the 202–507–4500. would substantively alter the bill, including first inventor to file and not merely to the Sincerely, one that would reportedly strike the ‘‘first first person to file. DOUGLAS K. NORMAN, to file’’ provision. Equally important, recent studies show President. Please note, however, that BASF does sup- that, under the present U.S. patent system, port a planned amendment that would end small and independent inventors who are FIRST-INVENTOR-TO-FILE IN S. 23, THE the practice of diverting funds from the U.S. second to file but who attempt in the U.S. ‘‘PATENT REFORM ACT OF 2011’’ Patent and Trademark Office to other agen- Patent Office and court proceedings to establish that they were the first to invent, actu- Section 2 of S. 23 simplifies and modernizes cies. This amendment is necessary, since the ally lose more patents than they would ob- U.S. patent law by awarding the patent to USPTO is funded entirely by user fees and tain had the United States simply awarded the first of two competing inventors to file does not get any taxpayer money. Our patent system has helped foster U.S. patents to the first inventor to file. in the U.S. Patent and Trademark Office innovation and protect the intellectual prop- Moreover, since 1996, an inventor based in (PTO), a change from the traditional system erty rights of inventors for more than 200 the United States faces a much more dif- of awarding the patent, in theory, to the years, and it can continue to do so if it is up- ficult task of ever obtaining a patent. For in- first inventor to invent. First-inventor-to- dated to make sure it meets the challenges ventions made after 1996, the U.S. patent file in S. 23 has these advantages: facing today’s innovators, investors, and system has been open to proofs of inventions Eliminates costly and slow patent inter- manufacturers. I urge you to work with your made outside the United States—creating for ferences proceedings conducted in the PTO colleagues in the Senate to pass S. 23 with- many U.S.-based inventors a new and poten- and the courts to determine which inventor out substantive amendment to the patent tially even more expensive obstacle to ob- was the first to invent. provisions and with language that would pre- taining a patent under the current first-to- Creates legal certainty about rights in all vent diversion of USPTO funds. invent rule. patents, the vast majority of which never be- Sincerely, Finally, U.S. inventors more and more are come entangled in interference proceedings STEVEN J. GOLDBERG, facing the need to file patent applications in the first place, but which are still subject Vice President, both at home and abroad to remain competi- to the possibility under current law that an- Regulatory Law & Government Affairs tive in our global economy. Requiring com- other inventor might come forward and seek pliance with two fundamentally different to invalidate the patent on the ground that AMERICAN BAR ASSOCIATION, systems places undue additional burdens on this other inventor, who never applied for a Chicago, IL, February 28, 2011. our U.S. inventors and puts them at a com- patent, was the first to invent. DEAR SENATOR: This week the Senate will petitive disadvantage in this global econ- Encourages both large and small patent be considering S. 23, the ‘‘Patent Reform Act omy. applicants to file more quickly in order to of 2011.’’ I am writing to express the support We urge you to support enactment of S. 23 establish an early filing date. Early filing of the Section of Intellectual Property Law and to oppose any amendment to strike the leads to early disclosure of technology to the of the American Bar Association for Senate ‘‘first-inventor-to-file’’ provisions. public, enabling other parties to build on and approval of S. 23, and our opposition to any Sincerely, improve the technology. (Applicants who amendment that may be offered to strike the MARYLEE JENKINS, plan to file afterward in other countries al- ‘‘first-inventor-to-file’’ provisions of the bill. Chairperson, ready have the incentive to file quickly in These views have not been considered by the Section of Intellectual Property Law. the U.S.) American Bar Association’s House of Dele- Mr. LEAHY. Madam President, we Makes feasible the introduction of post- gates or Board of Governors and should not are now ready to go forward on the grant opposition proceedings to improve the be considered to be views of the American Bennet and Kirk-Pryor amendments. I quality of patents, by reducing the issues Bar Association. that could be raised in a post-grant pro- S. 23 is a bi-partisan product of six years of am prepared to call them up for a vote ceeding, thereby limiting costs and delay. study and development within the Judiciary in the next few minutes if we could get Follows up on changes already made by Committee. By necessity, it contains a num- somebody on the floor. Congress that (1) established inexpensive and ber of provisions that are the result of nego- AMENDMENT NO. 117, AS MODIFIED easy-to-file provisional patent applications tiation and compromise and it is unlikely I understand there is a modification and, (2) in order to comply with treaty obli- that all of the Judiciary Committee co-spon- at the desk of Bennet amendment No. gations, allowed foreign inventors to partici- sors favor each and every provision. We too 117. pate in U.S. patent interference proceedings. would have addressed some issues dif- The ACTING PRESIDENT pro tem- ferently. However, the perfect should not be pore. Without objection, the amend- BASF, the enemy of the good and we believe that Florham Park, NJ, February 28, 2011. this is a good bill. S. 23 and S. 515, its close ment is so modified. Hon. FRANK LAUTENBERG, predecessor in the 111th Congress, are the The amendment, as modified, is as Hon. BOB MENENDEZ, only bills that we have endorsed in the six follows: U.S. Senate, years that we have been following this legis- On page 104, between lines 22 and 23, insert Washington, DC. lation. The enactment of S. 23 would sub- the following: DEAR SENATORS LAUTENBERG AND MENEN- stantially improve the patent system of the SEC. 18. SATELLITE OFFICES. DEZ: On behalf of BASF’s North American United States and we support that enact- (a) ESTABLISHMENT.—Subject to available headquarters located in Florham Park, New ment. resources, the Director may establish 3 or Jersey, I am writing to urge your support for At the same time, we want to express our more satellite offices in the United States to S. 23, the Patent Reform Act of 2011. strong opposition to an amendment that carry out the responsibilities of the Patent At BASF, We Create Chemistry, and we may be offered to strike the provisions of S. and Trademark Office. pride ourselves on creating technological ad- 23 that would switch the U.S. patent system (b) PURPOSE.—The purpose of the satellite vances through innovation. We recognize to one that awards a patent to the first in- offices established under subsection (a) are that America’s patent system is crucial to ventor who discloses his invention and ap- to— furthering this innovation and that the sys- plies for a patent (‘‘first-inventor-to-file’’), (1) increase outreach activities to better tem is in need of modernization and reform. rather than awarding a patent based on win- connect patent filers and innovators with The United States desperately needs to en- ning the contest to show the earliest date of the Patent and Trademark Office; hance the efficiency, objectivity, predict- conception or reduction to practice of the in- (2) enhance patent examiner retention; ability, and transparency of its patent sys- vention (‘‘first-to-invent’’). (3) improve recruitment of patent exam- tem. The United States is alone in the world in iners; and BASF likes S. 23 because we feel it will retaining the first-to-invent system. While a (4) decrease the number of patent applica- preserve the incentives necessary to sustain first-inventor-to-file system encourages in- tions waiting for examination and improve America’s global innovation and spur the ventors to file for a patent and disclose their the quality of patent examination. creation of high-wage, high-value jobs in our inventions at an early date, the first-to-in- (c) REQUIRED CONSIDERATIONS.—In select- nation’s economy. In particular, the shift to vent standard increases opportunity for coming the locale of each satellite office to be

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1093 established under subsection (a), the Direc- day just waiting for people to bring up The PRESIDING OFFICER. Without tor— amendments. We went through a num- objection, it is so ordered. (1) shall ensure geographic diversity among ber of quorum calls. We are talking The clerk will report. the offices, including by ensuring that such about something that is going to be a The assistant legislative clerk read offices are established in different States and regions throughout the Nation; and tremendous boost to businesses and in- as follows: (2) may rely upon any previous evaluations ventors. Those who are watching are The Senator from California [Mrs. FEIN- by the Patent and Trademark Office of po- wondering probably why we have spent STEIN], for herself, Mr. RISCH, Mr. REID, Mr. tential locales for satellite offices, including years getting this far. So much time is CRAPO, Mrs. BOXER, and Mr. ENSIGN, proposes any evaluations prepared as part of the Pat- being wasted. an amendment numbered 133. ent and Trademark Office’s Nationwide I just want everybody to know the The amendment is as follows: Workforce Program that resulted in the 2010 two of us are ready to vote. Yesterday On page 2, line 1, strike ‘‘FIRST INVEN- selection of Detroit, Michigan as the first we took hours of delay to vote on the TOR TO FILE.’’ and insert ‘‘FALSE MARK- ever satellite office of the Patent and Trade- Leahy-Grassley, et al. amendment, and ING.’’ mark Office. On page 2, strike line 2 and all that follows (3) Nothing in the preceding paragraph then it passed 97 to 2. So I would urge Senators who have through page 16, line 4. shall constrain the Patent and Trademark On page 16, line 5, strike ‘‘(1) IN GENERAL.— amendments to come to the floor. As Office to only consider its prior work from ’’ and insert ‘‘(a) IN GENERAL.—’’ and move 2 2010. The process for site selection shall be the gospel says, ‘‘Many are called, but ems to the left. open. few are chosen.’’ It may be the same On page 16, line 7, strike ‘‘(A)’’ and insert (d) PHASE-IN.—The Director shall satisfy thing on some of the amendments, but ‘‘(1)’’ and move 2 ems to the left. the requirements of subsection (a) over the 3- ultimately we will conclude. Before my On page 16, line 11, strike ‘‘(B)’’ and insert year period beginning on the date of enact- voice is totally gone, unless the Sen- ‘‘(2)’’ and move 2 ems to the left. ment of this Act. On page 16, line 18, strike ‘‘(2) EFFECTIVE (e) REPORT TO CONGRESS.—Not later than ator from Iowa has something to say, I yield to the Senator from Iowa. DATE.—’’ and insert ‘‘(b) EFFECTIVE DATE.—’’ the end of the first fiscal year that occurs and move 2 ems to the left. after the date of the enactment of this Act, Mr. GRASSLEY. Madam President, On page 16, line 19, strike ‘‘subsection’’ and and each fiscal year thereafter, the Director supporting what the chairman has just insert ‘‘section’’. shall submit a report to Congress on— said, outside of the fact that there On page 16, strike line 22 and all that fol- (1) the rationale of the Director in select- might be one or two controversial non- lows through page 23, line 2. ing the locale of any satellite office required germane amendments to this legisla- On page 23, strike line 3 and all that fol- under subsection (a); tion, we have to look at the underlying lows through page 31, line 15, and renumber (2) the progress of the Director in estab- sections accordingly. lishing all such satellite offices; and product. The underlying product is very bipartisan. Most economic inter- On page 64, strike line 18 and all that fol- (3) whether the operation of existing sat- lows through page 65, line 17. ellite offices is achieving the purposes re- ests within our country are supporting On page 69, line 10, strike ‘‘derivation’’ and quired under subsection (b). this patent reform legislation. Every- insert ‘‘interference’’. (f) DEFINITIONS.—In this section, the fol- body agrees it is something that prob- On page 69, line 14, strike ‘‘derivation’’ and lowing definitions shall apply: ably should have been passed a Con- insert ‘‘interference’’. (1) DIRECTOR.—The term ‘‘Director’’ means gress ago. On page 71, line 9, strike ‘‘DERIVATION’’ and the Director of the United States Patent and I join my Democratic manager and insert ‘‘INTERFERENCE’’. Trademark Office. the chairman of the committee in urg- On page 71, lines 9 and 10, strike ‘‘deriva- (2) PATENT AND TRADEMARK OFFICE.—The tion’’ and insert ‘‘interference’’. term ‘‘Patent and Trademark Office’’ means ing Senators on my side of the aisle On page 71, line 14, strike ‘‘derivation’’ and the United States Patent and Trademark Of- who have either germane amendments insert ‘‘interference’’. fice. or nongermane amendments to come to On page 72, line 3, strike ‘‘derivation’’ and On page 104, line 23, strike ‘‘SEC. 18.’’ and the floor and offer them so the under- insert ‘‘interference’’. insert ‘‘SEC. 19.’’. lying piece of legislation can be passed On page 72, line 8, strike ‘‘derivation’’ and AMENDMENTS NOS. 117, AS MODIFIED, AND 123 and sent on to the House of Represent- insert ‘‘interference’’. Mr. LEAHY. Madam President, I ask atives. On page 73, line 1, strike ‘‘derivation’’ and unanimous consent that the Senate re- I yield the floor. insert ‘‘interference’’. sume consideration of Bennet amend- The ACTING PRESIDENT pro tem- On page 73, between lines 5 and 6, insert the following: ment No. 117, as modified, with the pore. The Senator from Vermont. (d) CONFORMING AMENDMENTS.—Sections 41, changes at the desk and Kirk amend- Mr. LEAHY. Madam President, I also 134, 145, 146, 154, 305, and 314 of title 35, ment No. 123 en bloc; further, that the wish to associate myself with the dis- United States Code, are each amended by amendments be agreed to en bloc and tinguished senior Senator from Iowa. striking ‘‘Board of Patent Appeals and Inter- the motions to reconsider be consid- He has worked very hard to help us get ferences’’ each place that term appears and ered made and laid upon the table, with to the floor. Considering the enormous inserting ‘‘Patent Trial and Appeal Board’’. no intervening action or debate. amount of time that has been spent by On page 73, line 6, strike ‘‘(d)’’ and insert both sides of the aisle on this bill, the ‘‘(e)’’. The ACTING PRESIDENT pro tem- On page 93, strike lines 6 through 8, and in- pore. Is there objection? amount of time that has been spent sert the following: by inserting ‘‘(other than Mr. GRASSLEY. Madam President, working out problems, I wish we could the requirement to disclose the best mode)’’ reserving the right to object, and I will complete it. I understand there are a after ‘‘section 112 of this title’’. not object, I wish to say as manager of couple Senators who may have amend- On page 98, strike lines 20 and 21, and in- my side of the aisle that we support ments. I am not sure where they are, sert the following: this. We think both of these amend- but I am sure they will show up at ‘‘SEC. 17. EFFECTIVE DATE. ments are good amendments and that some point. In the meantime, I suggest Except as otherwise provided we ought to move forward. I appreciate the absence of a quorum. On page 99, strike lines 1 through 14. very much the majority working with The ACTING PRESIDENT pro tem- Mrs. FEINSTEIN. Mr. President, I us to accomplish this goal. pore. The clerk will call the roll. ask unanimous consent that at the I yield the floor. The assistant legislative clerk pro- conclusion of my remarks the amend- The ACTING PRESIDENT pro tem- ceeded to call the roll. ment be set aside and the Senate re- pore. Is there objection? Mrs. FEINSTEIN. Mr. President, I turn to the previously pending busi- Without objection, it is so ordered. ask unanimous consent that the order ness. The amendments, Nos. 117, as modi- for the quorum call be rescinded. The PRESIDING OFFICER. Without fied, and 123, were agreed to en bloc. The PRESIDING OFFICER (Mr. objection, it is so ordered. Mr. LEAHY. Madam President, I am UDALL of New Mexico). Without objec- Mrs. FEINSTEIN. Thank you very ready to go to third reading unless tion, it is so ordered. much. there are others who are otherwise tied AMENDMENT NO. 133 I rise today to offer an amendment to up who knows where, but I wish they Mrs. FEINSTEIN. Mr. President, I strike the first-to-file provisions of would take the time to drop by if they call up amendment No. 133, and I ask this bill. I am joined in this effort by have amendments. Senator GRASSLEY unanimous consent to set aside the my cosponsors, Senator RISCH, Major- and I spent hours on the floor yester- pending amendment. ity Leader REID, and Senators CRAPO

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1094 CONGRESSIONAL RECORD — SENATE March 2, 2011 and BOXER. I also ask unanimous con- ture of innovation, and preserving the ingly publishes complete technical dissent that Senator ENSIGN be added as a first-to-invent system that has helped closures that will tip-off all competi- cosponsor of the amendment. foster it is essential to do this. tors to a company’s technological di- The PRESIDING OFFICER. Without Moreover, this bill would not actu- rection. . . . Confidentiality is crucial objection, it is so ordered. ally harmonize our patent priority sys- to small companies.’’ Mrs. FEINSTEIN. I know the bill has tem with that of the rest of the world. The grace period from offering for contained these provisions for some Many first-to-file countries allow more sale or public use is critical for their time now, and I acknowledge I have extensive use of prior art to defeat a protection; eliminating it will have the voted for different versions of it that patent application and provide for effect, in the words of these small busi- contain these provisions. However, I greater prior user rights than this bill nesses, of ‘‘practically gutting the have heard more and more in the past would provide. Europe does not provide American 1-year grace period.’’ The 2 years from small inventors, startup even the limited 1-year publication National Small Business Association companies, small businesses, venture grace period this bill does. wrote recently: capitalists, and, yes, even large compa- An important part of this debate is The American first-to-invent grace period nies from all around our country, but the change the bill makes to the so- patent system has been a major mechanism especially in my State of California, called grace period that inventors have for the dynamism of small business innova- that this proposed transition from our under U.S. current law. Presently, a tion. . . . It is clear that the weak or (en- first-to-invent system to a first-to-file person’s right to their invention is also tirely absent) [sic] grace periods used in the rest of the world’s first-to-file patent system system would be severely harmful to protected for 1 year from any of the throttles small-business innovation and job innovation, and especially burdensome following: No. 1, describing their inven- creation. on small inventors, startups, and small tion in a printed publication; No. 2, Our amendment would preserve businesses. And I have become con- making a public use of the invention; America’s world-leading system. vinced it is the wrong thing to do. or, No. 3, offering the invention for I am also very concerned that first- For the benefit of my colleagues who sale. This is called the grace period, to-file would proportionately disadvan- have not been so embroiled in this and it is critical to small inventors. tage small companies and startups rather technical issue, let me provide a Mr. President, 108 startups and small with limited resources. I have become little background. For over a century, businesses wrote last year that: convinced that this change would im- our country has awarded patents to the U.S. patent law has long allowed inventors pede innovation and economic growth first inventor to come up with an idea, a 1-year ‘‘grace period,’’ so that they can de- in our country, particularly harming velop, vet, and perfect their invention, begin even if somebody else beat them to the the small, early-stage businesses that Patent Office—a first-to-invent sys- commercialization, advance sales, seek inventors and business partners, and obtain generate job growth. tem. And we have done very well under sufficient funds to prosecute the patent ap- Obviously, the process of innovation the first-to-invent system. This bill plication. During the grace period, many in- starts with the generation of ideas. would change that, so that the first ventors learn about starting a technology- Small California companies and inven- person to file an application for a pat- based business for the first time. They must tors have described to me how most of ent for a particular invention would be obtain investment capital and must learn these ideas ultimately do not pan out; entitled to that patent, even if another from outside patent counsel (at considerable either testing or development proves expense) about patenting and related dead- person actually created the invention they are not feasible technologically, first. This is what is known as the lines and how to set up confidentiality agreements. Many startups or small businesses or they prove not to be viable economi- first-to-file system. are in a race against insolvency during this cally. Now, the argument that is made for early stage. The grace period protects them Unfortunately, first-to-file incenti- transitioning to first-to-file is that the during this period from loss of patent rights vizes inventors to ‘‘race to the Patent rest of the world follows first-to-file, due to any activities, information leaks or Office,’’ to protect as many of their and that will harmonize our system inadvertent unprotected disclosures prior to ideas as soon as possible so they are with theirs. This is supported by big filing their patent applications. not beaten to the punch by a rival. companies that have already made it, S. 23 eliminates this grace period Thus, first-to-file will likely result in that have an international presence. from offering an invention for sale or significant overfiling of these ‘‘dead Therefore, I understand their support making a public use of it, leaving only end’’ inventions, unnecessarily bur- for first-to-file. But under first-to-in- a grace period from ‘‘disclosure’’ of the dening both the Patent and Trademark vent, we have been the world’s leader invention. Office and inventors. As Paul Michel, in innovation, and the first-to-file There are two problems with this. former chief judge of the Court of Ap- countries have been playing catchup First, ‘‘disclosure’’ is not defined in the peals for the Federal Circuit, and Greg- with our technological advances. So bill. This will generate litigation while ory Junemann, president of the Inter- with all due respect, I wouldn’t trade the courts flesh out that term’s mean- national Federation of Professional America’s record of innovation for that ing. While this plays out in the courts, and Technical Engineers, put it in a re- of virtually any other country or cer- there will be uncertainty about wheth- cent letter to the committee: tainly any first-to-file country. er many inventions are patentable. As Canada recently experienced, a shift to The genius of America is inventions This uncertainty will, in turn, chill in- a first-to-file system can stimulate mass fil- in small garages and labs, in great vestment, as venture capitalists will be ing of premature applications as inventors ideas that come from inspiration and reluctant to invest until they are con- rush to beat the effective date of the shift or perspiration in such settings and then fident that the inventor will be able to later, filings by competitors. take off. So many of America’s leading patent and own their invention. This presents a particular hardship companies—Hewlett Packard, Apple, Secondly, because of this lack of defi- for independent inventors, for startups, Google, even AT&T arising from Alex- nition, some patent lawyers interpret and for small businesses, which do not ander Graham Bell’s lab, for example— ‘‘disclosure’’ to mean a disclosure that have the resources and volume to em- started in such settings and grew spec- is sufficiently detailed to enable a per- ploy in-house counsel but must instead tacularly, creating jobs for millions of son of ordinary skill in the particular rely on more-costly outside counsel to Americans and lifting our economy and art to make the invented item. In prac- file their patents. This added cost and standard of living. tical terms, this means a patent appli- time directed to filing for ideas that A coalition of affected small business cation or a printed publication. are not productive will drain resources groups, including the National Small Now, this does provide some protec- away from the viable ideas that can Business Association and others, re- tion to universities, it is true. They build a patent portfolio—and a busi- cently said first-to-file ‘‘disrupts the often publish about their inventions. ness. unique American start-up ecosystem However, it is scant protection for the At a time when the Patent and that has led to America’s standing as small inventor. They don’t publish Trademark Office has a dramatic back- the global innovation leader . . .’’ about their inventions, until they file a log of over 700,000 patents waiting to be I believe it is critical that we con- patent application. As the 108 small examined and a pendency time of some tinue to protect and nurture this cul- businesses put it, ‘‘no business will- 3 years, Congress should be careful to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1095 ensure that any legislative changes For these reasons, and many others, EXHIBIT 1 will not increase patent filings that are the first to invent system, which I be- JUNE 1, 2010. unfruitful. lieve has made our Nation the leader in Re Effective repeal of the one-year ‘‘grace The counter-argument is made that a the world, which our amendment would period’’ under S. 515, the Patent Reform small inventor could file a cheap ‘‘pro- preserve, is supported by numerous Act of 2010. visional patent application,’’ and that people and businesses around the coun- Hon. HARRY REID, is sufficient protection. However, pat- try, including the National Small Busi- Majority Leader, U.S. Senate, ent lawyers who work with small cli- Washington, DC. ness Association; Coalition for Patent Hon. MITCH MCCONNELL, ents have said that they advise their Fairness, a coalition of large high-tech Minority Leader, U.S. Senate, clients not to treat a provisional appli- companies; IEEE, Institute of Elec- Washington, DC. cation any less seriously than a full trical and Electronics Engineers, which DEAR SENATORS, on behalf of the under- patent application. If there is part of has 395,000 members; the International signed companies and organizations whose an invention that is left out of the pro- survival and new job creations depend on Federation of Professional and Techno- patent protection, we are writing regarding visional application, that will not be logical Engineers, AFL–CIO; the Uni- protected. And the parts that are in- the patent reform legislation, S. 515. We versity of California System; the Uni- write today to draw renewed attention to a cluded in the provisional application versity of Kentucky; Paul Michel— proposed rewrite of 35 U.S.C. § 102, which ef- will be vulnerable too, under an attack Former Chief Judge of the U.S. Court fectively eliminates the American one-year that the inventor failed to disclose the of Appeals for the Federal Circuit, grace period during which current law per- ‘‘best mode’’ of the invention by leav- mits an inventor to test and vet an inven- which plays the critical role of hearing ing out necessary information. tion, publically demonstrate it to obtain ad- appeals in patent cases; the U.S. Busi- The argument is made that first to vance sales revenue and seek investors be- file will establish a simple, clear pri- ness and Industry Council; American fore filing the patent application. No rep- ority of competing patent applications. Innovators for Patent Reform; Na- resentatives of small business were called to tional Association of Patent Practi- testify during five years of Senate hearings Proponents of first to file argue that it on patent legislation. This issue has been will eliminate costly, burdensome pro- tioners; Professional Inventors Alli- ance USA; CONNECT, a trade associa- overshadowed by the debate on other provi- ceedings to determine who actually sions of S. 515, but it is no less disruptive to was the first to invent, which are tion for small technology and life the technology investments fostered by the known as ‘‘interference proceedings.’’ science businesses; and many small in- patent system. The proposed sweeping However, the reality is that this is ventors, as represented, for instance, in changes in § 102 is another issue where some not a significant problem under our a letter signed by 108 startups and large, incumbent firms are seeking a change current system. There are only about small businesses from all over the to the detriment of small companies, new en- country. trants, startup innovators, independent in- 50 ‘‘interference proceedings’’ a year to ventors, and future businesses. resolve who made an invention first. Mr. President, I ask unanimous con- U.S. patent law has long allowed inventors This is out of about 480,000 patent ap- sent that a copy of this letter be print- a one-year ‘‘grace period,’’ so that they can develop, vet, and perfect their invention, plications that are submitted each ed in the RECORD following my re- begin commercialization, advance sales, seek year—in other words, one-one hun- marks. dredth of 1 percent of patent applica- investors and business partners, and obtain sufficient funds to prosecute the patent ap- tions. The PRESIDING OFFICER. Without objection, it is so ordered. plication. During the grace period, many in- Another problem with the bill’s first ventors learn about starting a technology- to file system is the difficulty of prov- (See exhibit 1.) based business for the first time. They must ing that someone copied your inven- Mrs. FEINSTEIN. Mr. President, I obtain investment capital and often must tion. don’t often agree with the organization learn from outside patent counsel (at consid- The bill’s proponents assert that it erable expense) about patenting and related Gun Owners of America, a group that protects against one person copying deadlines and how to set up confidentiality thinks the National Rifle Association another person’s invention by allowing agreements. Many startups or small busi- is too liberal. But I do agree with them nesses are in a race against insolvency dur- the first inventor to prove that ‘‘such on this issue. They are part of a coali- ing this early stage. The grace period pro- other patent was derived from the in- tion of 23 conservative organizations tects them during this period from loss of ventor of the invention . . .’’. that wrote to the leaders about this, patent rights due to any activities, informa- Currently, you as a first inventor can tion leaks or inadvertent unprotected disclo- prove that you were first by presenting arguing: ‘‘Our competitors should have sures prior to filing their patent applica- evidence that is in your control—your to ‘harmonize up’ to our superior intel- tions. own records contemporaneously docu- lectual property regime, rather than Small businesses and startups are signifi- our having to weaken our patent sys- cantly more exposed than large firms in this menting the development of your in- regard because they must rely on far greater vention. But to prove that somebody tem and ‘harmonize down’ to their levels.’’ Other signatories on this letter and earlier private disclosure of the inven- else’s patent application came from tion to outside parties. This is often required you under the bill, was ‘‘derived’’ from include Phyllis Schlafly of the Eagle for raising investment capital and for estab- you, you would have to submit docu- Forum; Edwin Meese III, former Attor- lishing strategic marketing partnerships, li- ments showing this copying. Only if ney General under President Reagan; censing and distribution channels. In con- there was a direct relationship between the American Conservative Union; and trast, large established firms have substan- the two parties will the first inventor the Christian Coalition. tial patenting experience, often have in- house patent attorneys and often use inter- have such documents. I think this is really a battle between nal R&D investment funds. They can also If there was only an indirect rela- the small inventors beginning in the use their own marketing, sales and distribu- tionship, or an intermediary—for ex- garage, like those who developed the tion chains. Therefore, they seldom need ample, the first inventor described his Apple computer that was nowhere, and early disclosure of their inventions to out- invention at an angel investor presen- who, through the first-to-invent sys- side parties. S. 515 amends § 102 to confer the patent tation where he didn’t know the identi- tem, were able to create one of the ties of many in attendance—the docu- right to the first-inventor-to-file as opposed greatest companies in the world. Amer- to the first-to-invent as provided under cur- ments that would show ‘‘derivation’’— ica’s great strength is the cutting-edge rent law. This change is purportedly made copying—are not going to be in the of innovation. The first-to-invent sys- for the purpose of eliminating costly con- first inventor’s possession; they would tem has served us well. If it is not tests among near-simultaneous inventors be in the second party’s possession. broke, don’t fix it. I don’t really be- claiming the same subject matter, called You would have to find out who they lieve it is broke. ‘‘interferences.’’ The goal of eliminating talked to, e-mailed with, et cetera to interferences is achievable by simple amend- trace it back to your original disclo- I am delighted to see that my cospon- ment of only § 102(g) to a first-inventor-to- sor, the distinguished Senator from file criterion. However, under the heading of sure. But the bill doesn’t provide for First-Inventor-To-File, S. 515 does far more, any discovery in these ‘‘derivation pro- California, is also on the floor on this matter, and I welcome her support. it changes all of § 102, redefining the prior art ceedings,’’ so the first inventor can’t and practically gutting the American one- prove their claim. I yield the floor. year grace period.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1096 CONGRESSIONAL RECORD — SENATE March 2, 2011 Without the grace period, the patent sys- The PRESIDING OFFICER. Yes. That year is called the grace period, tem would become far more expensive and Mrs. BOXER. Mr. President, I thank during which an inventor’s right to less effective for small companies. It would Senator HATCH so much. I thank my apply is protected from disclosures or create the need to ‘‘race to the patent office’’ friend and colleague, Senator FEIN- applications by others related to his in- more frequently and at great expense before STEIN, for this critical amendment. every new idea is fully developed or vetted. vention. The pressure for more filings will affect all Mr. President, I rise in support of the The grace period is important be- American inventors—not only a few that end amendment offered by my dear friend cause it allows smaller entities, like up in interferences under current law. Be- and colleague, Senator FEINSTEIN. startups or individual inventors, time cause filing decisions must be made based on The amendment would strike the to set up their businesses, seek fund- information that will be preliminary and im- first-to-file provision in the patent re- ing, offer their inventions for sale or li- mature, the bill forces poor patenting deci- form bill. cense, and prepare a thorough patent sions. Applicants will skip patent protection I was pleased to work with my col- application. for some ultimately valuable inventions, and league, Dr. COBURN, in support of his Put another way, the grace period is will bear great costs for applications for in- amendment to allow the patent office an integral part of the formation of a ventions that (with the additional informa- to keep its user fees, which was accept- small business. tion that is developed during the grace period year of current law) prove to be useless, ed into the managers’ amendment that The grace period has been a part of and subsequently abandoned. The evidence passed yesterday. our patent system since 1839, and it for this high abandonment trend under sys- To me, that was one of the most im- was implemented to encourage inven- tems having no grace period is readily avail- portant reforms we could enact in this tors to engage in commercial activity, able from European application statistics. legislation—giving the PTO the re- such as demonstrations and sales nego- The proponents of S. 515 suggest that the sources it needs to serve the public. tiations, without fear of being beaten harm of the weak grace period of proposed I support efforts to improve our pat- to the patent office by someone with § 102(b) can be overcome if an inventor pub- ent system. And there are some good more resources. lishes a description of the invention, allow- things in this bill, including efforts to The new grace period in the bill, how- ing filing within a year following such publi- ever, would no longer cover important cation. Underlying this suggestion are two help small businesses navigate the errors. First, no business willingly publishes PTO. commercial activities such as sales or complete technical disclosures that will tip But I strongly disagree with chang- licensing negotiations. off all competitors to a company’s techno- ing the core principle of our patent sys- The new provision also contains logical direction. We generally do not, and tem—awarding a patent to the true in- vague, undefined terms that will inject will not, publish our inventions right when ventor—for the sake of perceived ad- more uncertainty into the system at a we make them, some 2.5 years before the 18- ministrative ease. time when inventors and investors month publication or 5–7 years before the Unlike other countries, our patent need more certainty. patent grant. Confidentiality is crucial to system is rooted in our Constitution. Proponents of first-to-file will argue small companies. We are the only country in the world that there have been studies or reports Second, even if we were to avail ourselves that show that a first-to-file system of such conditional grace period by pub- whose Constitution specifically men- lishing first before filing, we would instantly tions ‘‘inventor.’’ does not harm small entities. For ex- forfeit all foreign patent rights because such Article I, section 8 states ‘‘The Con- ample, they often mention the report publication would be deemed prior art under gress shall have the power . . . To proof the National Academies of Science foreign patent law. No patent attorney will mote the progress of science and useful that reached that conclusion. advise their client to publish every good idea arts, by securing for limited times to However, those studies and reports they conceive in order to gain the grace pe- authors and inventors the exclusive only analyzed the rare cases where two riod of S. 515. The publication-conditioned right to their respective writings and parties claimed to be the first inventor. ‘‘grace period’’ in S. 515 is a useless con- Do you know how rare those cases struct proposed by parties intent on compel- discoveries.’’ Our system recognizes the complete are? Last year, there were 52 cases out ling American inventors to ‘‘harmonize’’ de of over 450,000 applications filed—.01 facto with national patent systems that lack process of invention—from conception grace periods. S. 515 forces U.S. inventors to to completion. percent of all applications ended up in make the ‘‘Hobson’s Choice’’ of losing their The United States is still the heart of a contest. foreign patent rights or losing the American innovation in the world, and its patent I do not think we should change over grace period. It should be clear that the only system is its soul. 170 years of protection for small enti- way for American inventors to continue to Despite our rich history, the bill be- ties based on cases that happen with benefit from a grace period and be able to ob- fore us today seeks to erase over 200 the frequency of a hole in one in golf— tain foreign patent rights, is to keep intact years of invention and achievement, 1 out of 12,500, or .01 percent. the current secret grace period that relies on Listen to the conclusion of a report invention date and a diligent reduction to and replace it with a weaker system. Let’s talk about those changes. analyzing the business effects of Can- practice. ada’s switch to a first-to-file system: The American grace period of current law Section 2 of the bill awards a patent ensures that new inventions originating in to the first person to file, regardless of The divergence between small entities and American small companies and startups—the whether that person was the true in- large corporations in patenting after the Re- sector of the economy that creates the larg- ventor—the one who first conceived forms supports the idea that a switch to a first-to-file system will result in relatively est number of new jobs—receive patent pro- and developed the invention to comple- tection essential for survival and that Amer- less inventive activity being carried out by tion. independent inventors as well as small busi- ican small businesses’ access to foreign mar- That goes directly against the ex- nesses, and more being channeled through kets is not destroyed. We urge you to amend press language of the Constitution, large corporations instead. S. 515 so that § 102 remains intact in order to preserve the American grace period in its which awards patents to the inventor, In closing, I believe there are things full scope and force. not the fastest to the PTO. we can do to improve our patent sys- Thank you for your consideration of our Section 2 of the bill also provides a tem. views and concerns. weaker grace period than current law. But I also believe that the foundation Sincerely, This is a big change that will have a of our Constitution-based system—a (SIGNED BY 108 COMPANIES). significant economic effect on patent is awarded to the inventor—has The PRESIDING OFFICER. The Sen- startups, entrepreneurs and individual worked well for over 220 years, and we ator from Utah. inventors. should not change that core. Mr. HATCH. Mr. President, I ask I believe it is a change that we can- It has produced inventors such as unanimous consent that the Senator not afford, especially in these tough Thomas Edison, the Wright Brothers, from California be permitted to speak, economic times when we need our and George Washington Carver. and then I ask that the remaining time small businesses to create new jobs. We should not change the core of our be granted to me. Current law allows an inventor to ob- system, and I urge my colleagues to The PRESIDING OFFICER. Without tain a patent if an application is filed vote for the Feinstein amendment. objection, it is so ordered. within a year of a public use, sale or Mr. President, I will conclude in this Mrs. BOXER. Mr. President, will the publication of information about the way. The Feinstein amendment is nec- Chair cut me off at 1 minute? invention. essary. It is necessary because the first

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1097 person to invent should get the protec- with changing to this new system; ventor community to do this. We all tion from the Patent Office. We believe however, the facts speak for them- have a vested interest in ensuring that that if this amendment does not pass, selves. Simply put, moving to a first- our country’s unique spirit of inge- it goes against the express language of inventor-to-file system does not appear nuity and innovation continues to the Constitution which awards patents to have the level of risk some have thrive and flourish. Last night, an to the inventor, not the fastest one to feared. overwhelming majority of the Senate run down to the Patent Office. Senator Additionally, the American Bar Asso- voted to finally put an end to fee diver- FEINSTEIN has explained why this is a ciation’s Section of Intellectual Prop- sion from the USPTO. It was a historic matter of fairness and is better for con- erty Law recently confirmed the im- moment, and I hope our House col- sumers. I am hopeful that the amend- portance of the proposed transition by leagues will maintain this momentum. ment passes. stating: I understand some people on the Appro- I thank the Chair. For inventions made after 1996, the U.S. priations Committee do not like it. The PRESIDING OFFICER. The Sen- patent system has been open to proofs of in- They do not like it because they like to ator from Utah. ventions made outside the United States— be able to play with that money. But it Mr. HATCH. Mr. President, I have creating for many U.S.-based inventors a is disastrous to not have that money been following the debate on the patent new and potentially even more expensive ob- stay with the USPTO so we can move stacle to obtaining a patent under the cur- bill closely. I wish to again voice my forward faster, better and get a lot strong support for passage of this very rent first-to-invent rule. Finally, U.S. inventors more and more are facing the need to more done and still be the leading in- important legislation. file patent applications both at home and novative nation in the world. We have been working on this bill for abroad to remain competitive in our global The legislation also enables a number of years and it is satisfying economy. Requiring compliance with two patentholders to request a supple- to finally see the full Senate consider fundamentally different systems places mental examination of a patent if new it now. As I have said before, the pat- undue additional burdens on U.S. inventors information arises after the initial ex- ent reform bill is about moving our Na- and puts them at a competitive disadvantage in this global economy. amination. By establishing this new tion toward the future. It will equip process, the USPTO would be asked to America’s inventors with an improved Indeed, the transition to the first-in- consider, reconsider or correct infor- patent system that will enable them to ventor-to-file system is long overdue mation believed to be relevant to the better compete in today’s global econ- and will help our U.S. companies and patent. The request must be made be- omy. Toward that end, I would like to inventors out-compete their global fore litigation commences. Therefore, discuss some of the key provisions of challengers. supplemental examination cannot be this bill and what they will do to im- The proposed legislation would also used to remedy flaws first brought to prove and modernize our patent sys- give the USPTO rulemaking authority light in the course of litigation, nor tem. to set or adjust its own fees, without does it interfere with the court’s abil- There are some misconceptions about requiring a statutory change every ity to address inequitable conduct. the proposed first-inventor-to-file pro- time an adjustment is needed. Pro- That is an important point. Further, vision. Some have questioned why we viding the USPTO the ability to adjust this provision does not limit the cannot maintain the current first-to- its own fees will give the agency great- USPTO’s authority to investigate mis- invent system, in which priority is es- er flexibility and control, which, in the conduct or to sanction bad actors. tablished by determining which appli- long run, will benefit inventors and In a nutshell, the supplemental ex- cant actually invented the claimed in- businesses. amination provision satisfies a long- vention first. Under this system, if Speaking of greater fiscal flexibility felt need in the patent community to there is a dispute, it costs applicants for the USPTO, let me take a moment be able to identify whether a patent an average of $500,000 in legal fees to to discuss the importance of ensuring would be deemed flawed if it ever went prove they were the first-to-invent. full access to the fees the agency col- to litigation and enables patentees to This amount does not include extra ex- lects. take corrective action. This process en- penses that can follow if the decision is American inventors, who create jobs hances the quality of patents, thereby appealed. Unfortunately, many small and keep our economic engine running, promoting greater certainty for pat- businesses and independent inventors should not have to wait for years after entees and the public. do not have the resources to engage in they have paid their fees to have their the process we have now. patent applications processed. This is The America Invents Act also creates Conversely, moving to a first-inven- tantamount to a tax on innovation and a mechanism for third parties to sub- tor-to-file system would provide inven- it creates disincentives for inventors mit relevant information during the tors a cost-effective and certain path and entrepreneurs. patent examination process. This pro- to protect one’s invention through the A fully funded USPTO, with fiscal vision would provide the USPTO with filing of a provisional application, at a flexibility, would—at the very least— better information about the tech- much more reasonable cost of about mean more and better trained patent nology and claimed invention by $100. examiners, greater deployment of mod- leveraging the knowledge of the public. The purpose of the proposed transi- ern information technologies to ad- This will also help the agency increase tion is certainly not to hurt small busi- dress the agency’s growing needs, and the efficiency of examination and the nesses or independent inventors. Quite better access to complete libraries of quality of patents. the contrary. These innovators are too prior art. The pending legislation also provides important to our Nation’s economic Over the years, fee diversion has a new postgrant review opposition pro- health. But let’s consider some facts: forced a vicious cycle of abrupt starts ceeding to enable early challenges to in the past 7 years, more than 3,000,000 and stops in the hiring, training, and the validity of patents. This new but applications have been filed, and only retention of qualified office personnel. time-limited postgrant review proce- 25 patents were granted to small enti- To make matters worse, under current dure will help to enhance patent qual- ties that were the second inventor to conditions, outdated computer systems ity and restore confidence in the pre- file, but later proved that they were are not keeping pace with the volume sumption of validity that comes with first to invent. Of those 25, only one of work before the agency. It is clear to issued patents. patent was granted to an individual in- most that the USPTO has yet to re- Finally, this bipartisan patent bill ventor who was the second to file. cover from the negative impact of di- provides many improvements to our Thus, in the last 7 years, only one in- verting close to a billion dollars from patent system which include, among ventor in over 3,000,000 patent filings its coffers, for its own use. That has other provisions, just some of the fol- would have gotten a different outcome not only been wrong, it is obscene. lowing: if we, like the rest of world, used a I agree with what has been said that Changes to the best mode disclosure first-inventor-to-file patent system. I there cannot be true patent reform requirement, increased incentives for assure you that I do not want to mini- without full access to collected fees government laboratories to commer- mize the reluctance that some have from the USPTO. We owe it to our in- cialize inventions, restrictions on false

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1098 CONGRESSIONAL RECORD — SENATE March 2, 2011 marking claims, removal of restric- change. In fact, Commerce Secretary The PRESIDING OFFICER. Is there tions on the residency of Federal cir- Locke emphasizes that support in a objection? cuit judges, clarification of tax strat- column appearing in the Hill news- The Senator from Utah. egy patents, providing assistance to paper today. He states: Mr. HATCH. Mr. President, I have to small businesses through a patent om- [P]atent reform adopts the ‘‘first-inventor- object on behalf of the manager of the budsman program, establishing addi- to-file’’ standard as opposed to the current bill who is not here right now. If the tional USPTO satellite offices, and cre- ‘‘first-to-invent’’ standard. First inventor to Senator can at least wait until Senator ation of a transitional postgrant profile is used by the rest of the world GRASSLEY returns to make his request. and would be good for U.S. businesses, proceeding specific to business method Mr. ROCKEFELLER. I know the Sen- viding a more transparent and cost-effective ator from Utah, and I remind him he patents. process that puts them on a level playing As we can see, this bipartisan bill field. . . . was the lead author of the Hatch-Wax- represents significant changes to our I could not agree more. Small busi- man Act, creating the 180-day period patent laws. They will enable our great nesses, independent investors, and for generics. Mr. HATCH. I object right now, but country to more effectively compete in stakeholders across the spectrum sup- as soon as Senator GRASSLEY gets the 21st century global economy. I en- port this important transition. courage my colleagues to take action I wish to mention one other aspect of back—— and vote in favor of this bill. We can- this system. With the current first-to- Mr. ROCKEFELLER. Will the Sen- not afford to allow this opportunity to invent system, when two patents are ator from Utah object if I talk about pass us by. filed around the same time for the it? I yield the floor. same invention, it also creates prob- Mr. HATCH. No. The PRESIDING OFFICER. The Sen- lems. It means the applicants must go The PRESIDING OFFICER. An objec- ator from Minnesota. through an arduous and expensive tion has been heard. The Senator from West Virginia is Ms. KLOBUCHAR. Mr. President, I process called an interference to deter- recognized. thank the Senator from Utah for his mine which applicant will be awarded strong statement of support for the the patent. AMENDMENT NO. 134 America Invents Act, a bill that is, at Small inventors rarely, if ever, win Mr. ROCKEFELLER. Mr. President, its heart, all about moving our econ- interference proceedings because the my amendment is based on legislation omy forward. When we think about the rules for interferences are often I introduced earlier this year, obvi- brass tacks of our country, we think stacked in favor of companies that can ously quite recently. The cosponsors of about ideas, we think about inventions. spend more money. We believe this that bill, which is called the Fair Pre- It was our inventors who developed the needs to change. There was a recent ar- scription Drug Competition Act, are light bulb, the assembly line, the Inter- ticle about this in the Washington Post Senator SHAHEEN, Senator LEAHY, who net, the iPod, and, of course, my 15- in which David Kappos, the Director of chairs the Judiciary Committee, Sen- year-old daughter’s favorite invention, the Patent Office and Under Secretary ator INOUYE, Senator STABENOW, and Facebook. This all came from our great for Intellectual Property, described the Senator SCHUMER, who is on the Judici- country. current system is similar to parking ary Committee. I wish to comment, briefly—I know your car in a metered space and having I wish to acknowledge that the man- Senator ROCKEFELLER has an impor- someone else come up and say they had agers of this bill, Chairman LEAHY and tant issue to talk about, the issue we priority for that space and then having Senator GRASSLEY, have been steadfast have just been discussing. your car towed. Instead, we need a sys- partners in pushing the Federal Trade First of all, we have heard from tem in which, if you are the first to Commission to investigate further con- stakeholders from across the spec- pull in and pay your fee, you can park sumer access to generic drugs, which is trum—from high tech and life sciences there and no one else can claim it is a huge problem. We do a lot of talking to universities and small inventors—in their space. about the health care bill and a lot of support of the transition to the first- The America Invents Act would cre- other things about saving money and to-file system. ate that system. It transitions our pat- saving consumers money. This is a bill I ask unanimous consent to have ent system from a first-to-invent sys- which would do this, if I were allowed printed in the RECORD a list of sup- tem to a first-inventor-to-file system. to actually proceed to it. porters of the transition to the first-to- By simply using the file date of an ap- This amendment eliminates one of file system that is contained in the plication to determine the true inven- the most widely abused loopholes that America Invents Act. tor, the bill increases the speed of a brand-name drug companies use to ex- There being no objection, the mate- patent application process, while also tend their shelf life, their monopoly, rial was ordered to be printed in the rewarding novel, cutting-edge inven- and limit consumer access to lower RECORD, as follows: tions. cost generic drugs which are just as SUPPORTERS OF THE FIRST-TO-FILE A first-to-file system creates more good and just the same, but they have TRANSITION certainty for inventors looking to see a system to work on that. It ends the AdvaMed; American Bar Association; if an idea has already been patented. marketing of so-called authorized ge- American Council on Education; American At the same time, the bill still provides neric drugs during the 180-day mar- Intellectual Property Law Association; Asso- a safe harbor of 1 year for inventors to keting exclusivity period that Congress ciation of American Medical Colleges; Asso- designed to give real low-cost generics ciation for Competitive Technology; Associa- go out and market their inventions be- tion of American Universities; Association of fore having to file for their patent. a major incentive to enter the market. Public and Land-grant Universities; Associa- This grace period is one of the reasons What was happening was the brand- tion of University Technology Managers; our Nation’s top research universities, name drug companies had their 18 BASF, the Chemical Company; Bio- such as the University of Minnesota, years of exclusivity. That is a monop- technology Industry Organization; Business support the bill. The grace period pro- oly time unrivaled. Then somebody Software Alliance; Caterpillar; Coalition for tects professors who discuss their in- else would come in with a cheaper way 21st Century Patent Reform; Council on Gov- ventions with colleagues or publish of doing the same thing, an FDA-ap- ernmental Relations; Gary Michelson, Inde- proved drug, but it would be a generic pendent Inventor; Genentech; Intellectual them in journals before filing their Property Owners Association; Louis J. Fore- patent application. drug. It would be the same drug, have man, Enventys, independent inventor; Na- Mr. President, I know Senator the same effect, but it would be much tional Association of Manufacturers; Small ROCKEFELLER is here to discuss a very cheaper. Since millions of people buy Business and Entrepreneurship Council; and important issue. these drugs, that would seem to be a Software & Information Industry Associa- The PRESIDING OFFICER. The Sen- good thing in a budget-conscious era tion. ator from West Virginia. for American families, as well as for Ms. KLOBUCHAR. Mr. President, we Mr. ROCKEFELLER. Mr. President, I the government. have heard also on the floor that there ask unanimous consent to set aside the As I say, this amendment ends the is, as Senator HATCH mentioned, strong pending amendment so I may call up so-called authorized generic drugs dur- support throughout the Senate for this amendment No. 134. ing the 180-day marketing exclusivity

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1099 period Congress designated to give real The PRESIDING OFFICER. Without In applying these principles, each agency is low-cost generics a major incentive to objection, it is so ordered. The Senator directed to use the best available techniques enter the market. You have to be able is recognized. to quantify anticipated present and future to enter the market to compete and to Mr. ROBERTS. I thank the Chair. benefits and costs as accurately as possible. get your lower priced, equally good EXECUTIVE ORDER ON REGULATIONS I can’t imagine anybody being op- drugs out there. They do that by chal- Mr. President, I rise today to speak posed to that. lenging a brand-name patent. That is again about President Obama’s Janu- Where appropriate and permitted by law, the only way they can do it. ary 18 Executive order that directed all each agency may consider and discuss quali- An authorized generic drug is a Federal agencies within the adminis- tatively values that are difficult or impos- brand-name prescription drug produced tration to review or repeal those sig- sible to quantify— by the same brand manufacturer yet nificant regulatory actions that are du- I don’t know how you do that— repackaged as a generic. That is clever, plicative, overly burdensome, or would including equity, human dignity, fairness but it is also a little devious. Many have a significant economic impact on and distributive impacts. brand-name drug manufacturers are re- ordinary Americans. That is about as amorphous as any packaging their drugs as generics for The President went on to say—I am language that I could possibly put to- the purpose of extending their market paraphrasing from his words—they are gether. If any secretary, or anybody in shares after their patents expire. They costly, they are duplicative, in many any agency who promulgates all the have a little subsidiary which produces cases they aren’t necessary, we need to regulations they think they are forced something which they shift over to review them, and in some cases, actu- to under some congressional act or per- them. ally, they are stupid. That is a direct haps an Executive order they are try- Unfortunately, this often eliminates quote from the President. I am para- ing to issue applies this language, of the incentive for an independent ge- phrasing, but he did say the word ‘‘stu- course, they are exempt. neric to enter the marketplace. There- pid.’’ So there are loopholes, again, that fore, the price of drugs remains much Probably ‘‘stupid’’ would be the you can drive trucks through in re- higher, and that would seem to be not word, or maybe ‘‘egregious’’ or ‘‘fed gards to the fact that this Executive in the interest of the American people. up’’ that almost any group or any orga- order is basically not going to be ad- In 1984, Congress passed the Hatch- nization back home would use when hered to because everybody will stand Waxman Act to provide consumer ac- you visit with them. I know Senators, up and say: We are exempt. We are cess to lower cost generic drugs. Under on their past break or our work period, doing public good. We are doing this the law which the Senator from Utah if you will, probably spoke to a lot of language—whatever that means. led, if a true generic firm successfully groups. I will tell you what happened So while I applaud the decision by challenges a brand-name patent, the to me. the President, I decided last week I I would walk into a group—any orga- generic firm is provided a 180-day pe- would introduce legislation to nization, be it farmers, ranchers, edu- riod for that drug to exclusively enter strengthen and codify his Executive cators, health care, whatever—and the market. This is a crucial incentive order. All that means is, when I say we they would say: PAT, what on Earth are for generic drug companies to enter codify it, we say: OK, the Executive you doing back there, passing all these that market and make prescription order stands but, sorry, no exemptions. regulations, a wave of regulations that drugs more affordable for consumers. It What a day that would bring to do not make common sense and do not would seem to me this would be a very Washington, with all the Federal agen- fit the yardstick, if you will, of cost laudable pursuit. cies saying: Whoa, stop. We are going and benefit? We can’t even wake up Every American agrees on the need to take a look at all the regulations we any morning without some new regula- to reduce health care costs. Generic have out there now, and we are going tion popping up across the desk, and we drugs save consumers an estimated to take a look at all the ones we are just don’t have the people to do this. total of $8 billion to $10 billion a year— promulgating—which are hundreds of You are about to put us out of busi- $8 billion to $10 billion-a-year savings them. And, I might just note, there ness. were 44 major regulatory decisions that for the same quality of drug. Of course, The first thing I say is, I am not a cost the American business community they get that at the retail pharmacies ‘‘you guy,’’ I am an ‘‘us guy.’’ And I am $27 billion just last year, according to where the prescription is handed out. very much aware of these regulations. one study. We are finding more and For working families, these savings We have to do something about it. I more people coming to Washington can make a huge difference, particu- brought up the fact the President him- larly during very tough economic self recognized these problems. who have an agenda in regards to these times, which we are going through. But I have to say that while I ap- regulations, but the folks out there This amendment would restore the plauded this decision by the President, who are being impacted seem to be main incentive generic drug companies I noted there were some loopholes in overlooked. have to challenge a brand-name patent his Executive order, and they are I have 30, 32, 35 cosponsors on this and enter the market. We give them roughly these—if I could sort of sum- bill. I asked on both sides of the aisle the incentive to challenge the brand- marize them: No. 1, if you are doing for cosponsors. I think it is a good bill. name prescriber. something for the public good—and, ob- It would be a brandnew day in Wash- That is what this amendment is viously, the secretary of any agency is ington if every Federal agency had to about. It is profoundly important. It going to say: Sure, we are doing some- stop and say: Whoa, wait a minute. has been before this body many times. thing for the public good—well, then, Let’s apply a cost-benefit yardstick. I guess it is a question of do we want to you are exempt. That is a pretty big The Executive order sort of goes into help people who have to take a lot of loophole to drive the truck through. what that would mean. They have one prescriptions and older people—any Secondly, it was if you are an inde- individual who is supposed to be doing kind of people. Do we want to help pendent agency. Well, let’s try the IRS. all of this, so they could report to him, them pay less? I guess it divides into if I think more people than most would although that would be quite a load. you do or if you don’t. I am in the say: Yes, we have some regulatory My goodness, if all the Federal agen- camp of, yes, I want to have people pay problems with the IRS. cies stopped their regulatory process, less. So I would just say that. Several more, and I won’t go into there would be a cheer out in the hin- Mr. President, I yield the floor for those. Then you have this paragraph, terland in regards to every business I the time being. which I am going to read, that agencies can think of. The PRESIDING OFFICER. The Sen- can apply to their decision as to wheth- Well, as the administration moves ator from Kansas. er they are going to review the regula- forward with this review, I am going to Mr. ROBERTS. Mr. President, I ask tions they have on the books and regu- have something to say in several areas: unanimous consent to speak as in lations coming down the pike. They health care, energy, and financing, to morning business for approximately 20 can apply this to see if they are ex- people who are lending agencies and minutes, and I probably will not use all empt, and this is within the Executive the effect of the regulatory reform. But of that time and will yield back. order. today I want to talk about agriculture.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1100 CONGRESSIONAL RECORD — SENATE March 2, 2011 Today I want to talk about the EPA Excuse me, Mr. President. That was The agency is currently considering and what is going on in regards to what probably a phone call from some farm- the most stringent regulations on farm I think is regulatory overkill for sure. er listening to this and saying: Go dust that have ever been proposed. I fi- I am privileged to be the ranking Re- ahead and give them you know what, nally reached the person who, when publican and to serve with the Senator PAT. they first proposed this, was in charge from Michigan, our chairwoman of the Unfortunately, the administration of promoting it, or she was going to committee, Senator STABENOW. Basi- chose a different path and now esti- promulgate these regulations on rural cally, as the administration moves for- mates suggest this duplicative regula- fugitive dust. Before I could get a word ward with its review, I recommend the tion will require 365,000 individuals to in—I finally reached the person in President and his advisers pay particu- get a Clean Water Act permit—365,000 charge; it took me 3 days—finally, be- larly close attention to the activities individuals—a requirement that will fore I could get a word in, she said: Did of three specific agencies when they cost $50 million and require 1 million you realize—at that point I was a Con- are determining which proposed regula- hours per year to implement. Bottom gressman, and she said: Do you realize, tions will place the greatest burden on line, it will not add any environmental Mr. ROBERTS, you have a lot of dust in agriculture—a key component of our protection. your part of the country? Nation’s economy and the ability to This layer of redtape will place a I said: I think I know that. That is feed this country and a troubled and huge financial burden on the shoulders why we had the Great Plains Conserva- hungry world—the Environmental Pro- of farm families all across the country, tion Program. Each farmer has to have tection Agency, the Department of Ag- as well as State governments respon- a conservation program if they are riculture, and the Commodity Futures sible for enforcement while at the same going to apply or for it to be applicable Trading Commission. time facing dire budget situations. to the farm bill. We have a Conserva- Since fiscal year 2010, 10 new regula- Last month, John Salazar, a former tion Reserve Program. We are doing ev- tions promulgated—that is a fancy Member of the House of Representa- erything we can to control dust, rest word in Washington which means tives and newly appointed Colorado assured. Nobody likes that. issued—by the EPA have accounted for Commissioner of Agriculture stated in I said: What would you have us do to over $23 billion in new cost to the his testimony before the House: comply with rural fugitive dust rules? American taxpayer. Now, that is out- It is no secret that States across the coun- She said: You know the grain trucks rageous, and they are just getting try face dire budget situations and many at harvest go up and down gravel roads, started. The EPA has several new pro- have had to close State parks, cancel trans- and they cause a lot of dust. posals, many of which will have imme- portation projects and cut funding to higher No kidding. diate negative impacts on the ability education. It is very difficult to justify di- I said: What would you have us do? of America’s farmers and ranchers to verting even more resources to manage pa- She said: Why don’t you send out perwork for a permit that is duplicative of continue to produce enough food to water trucks at 10 o’clock in the morn- feed our communities, our States, our other regulatory programs and has no appre- ciable environmental benefits. However, if ing and 2 in the afternoon to every country, and, yes, the world. Think of Colorado’s estimates are reflective of the sit- community in Kansas that has those how valuable that is as we look down uation in other States, the true cost to gravel roads where you harvest wheat. the road with about a 9.3 billion in- States will quickly outstrip EPA’s esti- I said: Great idea. That would be crease in population compared to 6 bil- mates. More than 365,000 individuals, $50 mil- marvelous. Maybe we could get a lion today. We are going to have to lion, and 1 million hours per year to imple- grant. Today, that would be a stimulus double agriculture production, and I ment on the backs of our farmers and ranch- grant to small communities in regard will talk about that a little later. ers. to rural areas where we are doing the Why on Earth would we want to do Mr. President, these expenses are not wheat harvest to, No. 1, buy the trucks anything to the farmer and rancher just limited to the cost of compliance and, No. 2, find the water. whose job it is to do that? That is be- and enforcement. The April 9 effective That is just how ridiculous this is yond me. I will highlight two such pro- date is near. There is still significant with rural fugitive dust. To put it sim- posals that many producers have confusion and uncertainty about what ply, this defies common sense, whether brought to my attention. I just ad- pesticide applications will fall under it is cattle kicking up dust in a feedlot dressed the Commodity Classic in Kan- these new regulations. This means in Dodge City, KS, or Larned, KS, or sas, in Great Bend, of about 200 farm- farmers and other pesticide applicators anywhere in Kansas during harvest on ers. Guess what their No. 1 concern may very well find themselves subject a hot afternoon on the high plains in was. Overregulation, regulation that to massive penalties. On top of the fact June. Dust is a naturally occurring could put them out of business. They that they shouldn’t be filling out the event. Standards beyond the current are concerned about the farm bill and paperwork in the first place, if they do limit would be impossible to meet, par- they are concerned about lending and not, they could be held responsible for ticularly in the western portion of the they are concerned about debt. But massive penalties for minor paperwork Nation where rainfall is often scarce. I first, in only 7 short weeks, the EPA violations to the tune of—get this— don’t even know why I am taking this will require farmers—who are applying $37,500 per day per violation. Unbeliev- seriously in regard to that kind of reg- pesticide to kill pests so they can save able. ulation. the crop—to obtain a permit under the Beyond agency enforcement, they In a bipartisan June letter, 23 Mem- Clean Water Act, even though that ac- will also now be exposed to the threat bers of this body wrote a letter to ex- tivity is already highly regulated of litigation under the clean water press these concerns to Administrator under the Federal pesticide law. The law’s citizen suit provisions. With the Jackson stating: President said we don’t need regula- volatile nature of agricultural markets Considering the Administration’s focus on tions that are duplicative. We don’t and increased demand, these sort of rural America and rural economic develop- need two agencies having a different risks and resulting costs are something ment, a proposal such as this could have a agreement on one regulation. We prob- that producers and the hungry mouths negative effect on those very goals . . . Com- ably don’t even need that regulation who depend on them simply cannot af- mon sense requires the EPA to acknowledge because we have very strong regula- ford. that the wind blows and so does dust. tions under the FIFRA act that we Next, EPA is undertaking an effort As we think about EPA’s actions im- have right now. to control particulate matter—this is a pacting agriculture, it is critical to Farmers and other pesticide applica- favorite of mine—otherwise known as recognize that no one cares more about tors, under this regulatory impact, dust. They call it rural fugitive dust. maintaining a clean environment than would not be facing these requirements This is a dust-off of the old 1970s effort the American farmer and rancher. Pro- if the administration had chosen to to control rural fugitive dust. I remem- ducers across the country manage their vigorously defend its longstanding pol- ber that. Somebody must have pulled it operations responsibly because of their icy that protections under the Federal from the file. This is part of the EPA’s desire to keep farming and to one day pesticide law were sufficient to protect review of the PM standard under the pass along that ranch or field to their the environment. Clean Air Act. sons, daughters and grandchildren if

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1101 they can. They know firsthand that is a very nice man, very pleasant. He What are we talking about? We are clean air and water and healthy soil go believes very strongly that the CFTC is talking about 9.3 billion people. What hand-in-hand with a healthy economy. exempt from the President’s Executive are we talking about? The ability for Our producers deserve respect and ap- order because the President said it was our agriculture—for everybody in agri- preciation from the EPA, not costly exempt. I indicated that I didn’t think culture to double our production, all and redundant and yes, even ridiculous so, especially since the CFTC is pres- the farmers and ranchers. Why on regulation. ently pushing 40-plus rules out the door Earth would we want this whole busi- Shifting departments now, the De- in 1 year with little or no priority. ness of regulatory impact—most of partment of Agriculture’s Grain In- We were told the intent of Dodd- which is highly questionable, none of spection, Packers and Stockyards Ad- Frank was to reduce systemic risk in which fits the President’s Executive ministration—GIPSA—released a pro- the financial marketplace. However, order to take a look at the cost-ben- posed rule that would dramatically in- several of CFTC’s proposals appear to efit—why on Earth would we do this to crease the redtape governing the busi- increase risk management costs on the very person whose job it is to feed ness relationships surrounding produc- those who do not pose a systemic this country and the hungry world? tion and marketing of livestock in the threat. The CFTC must be mindful that Look at the Mideast—in turmoil. I United States. The rule was initially increased costs through high margin remember one interview on TV where proposed last summer without the ben- and capital requirements on certain somebody stuck a microphone in and efit of a meaningful cost-benefit anal- segments of the marketplace may de- asked one of the protesters in Libya: ysis—something we have been trying to crease a user’s ability to use appro- What are you protesting for? Democ- get and something the administration priate risk management tools. racy? should have included. A rigorous cost-benefit analysis is He said: No, a loaf of bread. However, the proposal has since re- tailor-made for the CFTC’s current sit- Where people are hungry and mal- ceived significant criticism from uation: dozens of economically signifi- nourished, you have no economic op- ranchers, industry and members of cant rules; the potential to negatively portunity. Where you have people who Congress alike and is now being further impact risk management costs of are hungry, they will go and join ex- evaluated by USDA officials. American businesses; and a simple tremist groups, even on over into ter- As written, the proposal would dra- question needing to be answered—do rorism groups. matically reduce consumer choice and the benefits of this proposed regula- I had the privilege of being the chair- increase costs. The proposal exposes tion—we are talking about anywhere man of the Intelligence Committee packers to liability for use of alter- from 40 to 60 now—in the form of lower here in the Senate. That was one of the native marketing arrangements and systemic risk in our financial system big considerations we had in whole other innovative procurement meth- outweigh the increased costs on busi- areas of the world where people do not ods, thereby ultimately depressing the nesses? have the ability to feed themselves, prices received for America’s most effi- Let me say something. In talking where they are in a food-deficient area. cient and successful producers while with Chairman Gensler—again, I really It really poses problems for the future potentially reducing the quality avail- appreciate him coming by the office of that part of the world. Yet here we able to consumers. and talking. It became obvious to me ask our farmers and ranchers to double Further, the proposed rule would ac- that with all these regulations, maybe our ag production in a couple of dec- tually increase concentration in the the first one ought to be a definition ades. I don’t know how we are going to sector as businesses are forced to regulation. What is a swap? Who is a do this with this regulatory nightmare. change their current organizational dealer? It has not been done yet. So we Let’s hope we wake up soon. I hope structure—exacerbating the very issue are going to propose 39 more regula- everybody will take a look at my bill the rule is allegedly designed to ad- tions and we have not even defined to codify the President’s Executive dress. For example, in Kansas, we have whom the regulations will affect and order—I give him credit for doing a highly successful rancher-owned what the subject matter is that they that—but not with all these loopholes company made up of individual pro- are going to regulate. That is really that are going to drive us nuts out ducers who own both cattle and shares unbelievable. there in rural, smalltown America. in the company’s processing infrastruc- We are going to have a hearing to- I yield the floor. ture. Under this proposal, many of the morrow in the Senate Agriculture I suggest the absence of a quorum. individual members of the company Committee. Chairman Gensler will at- The PRESIDING OFFICER. The may now be prohibited from selling tend and give his testimony. We are clerk will call the roll. cattle directly to other processors, cre- going to be very welcoming to him in The legislative clerk proceeded to ating the need for a middleman that regard to the committee, but that is call the roll. would then lower the price the pro- something I am going to ask him. Why Mr. BARRASSO. I ask unanimous ducer actually receives. on Earth are you going ahead with 40 consent that the order for the quorum If implemented, the GIPSA rule poses regulations and you can’t even define call be rescinded. a substantial threat to the continued whom you are going to regulate or The PRESIDING OFFICER. Without viability of the domestic livestock sec- what you are going to regulate? There objection, it is so ordered. tor. In Kansas, this industry contrib- is no definition. That, to me, is pretty Mr. BARRASSO. I ask unanimous utes over $9.5 billion to our economy. bad. You have the cart before the horse consent to speak as in morning busi- With an economic footprint of this there. ness. magnitude, the GIPSA regulation is a In closing, I wish to make two points. The PRESIDING OFFICER. Without burden that Kansas and many other First, in many rural areas of Kansas objection, it is so ordered. rural States and many of the livestock and the rest of the country, agriculture SECOND OPINION producers simply cannot afford. is the cornerstone of the economy. Sec- Mr. BARRASSO. Mr. President, I Another agency falling through the ond, in the coming decades we will be come to the floor today as someone President’s Executive order loophole is even more reliant on America’s farm- who has practiced medicine in Wyo- the Commodity Futures Trading Com- ers and ranchers to feed an ever-grow- ming, taken care of families there for a mission. As a result of the Dodd-Frank ing world population. I said that be- quarter of a century, working with peo- Act, the CFTC is charged with devel- fore. ple all across our great State, as a phy- oping dozens of new regulations im- We must truly commit to a real and sician who has also served in our State pacting participants up and down the robust—here is a good Senate word— senate. swaps and futures chain. robust review and revocation of any Both in my practice, as well as in my Shouldn’t these regulations be held and all unduly burdensome regulations service in the State senate, I have to the same standard of cost-effective- that could inhibit American agri- dealt with the issue of Medicaid, a pro- ness and undue burden as others? Yes— culture’s ability to produce the safest, gram that was set up to help low-in- but no. I talked to Chairman Gensler in most abundant, and affordable food, come Americans obtain health care. So my office just a couple of days ago. He feed, and fiber supply in the world. I came today with a doctor’s second

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1102 CONGRESSIONAL RECORD — SENATE March 2, 2011 opinion about recent developments and ployment rate, drove Medicaid enroll- Well, that is quite a tall and almost findings with regard to the health care ment to record levels. So it is not a impossible order. The American people law because, day after day, we see news surprise that Medicaid is quickly con- and certainly the Governors who were reports showing States all across the suming greater and greater portions of listening to him in the audience on country facing extreme financial budg- State budgets, cutting into money that Monday saw right through the Presi- et pressures, even bankruptcy. One of is being used to pay for teachers, for dent’s PR stunt. The President’s plan the key factors exacerbating State fis- police, and for firefighters. requires States to create health care cal troubles is the Medicaid Program. Former Governor Phil Bredesen of plans that imitate his health care law, Over the next 10 years, Washington will Tennessee, a Democrat, said it best rather than actually offering States spend about $4.4 trillion on Medicaid. when he called the health care law’s true freedom to innovate better solu- At the State level, Medicaid spending Medicaid expansion ‘‘the mother of all tions. There are better solutions out now consumes roughly one-quarter of unfunded mandates.’’ Governor there than what this body and the the budgets of each of the States. Bredesen went on to say that ‘‘Med- House of Representatives passed and Increases in Medicaid costs often icaid is a poor vehicle for expanding the President signed into law almost 1 force Governors and State legislators coverage.’’ Let me repeat that. Med- year ago. to make drastic cuts to local priorities, icaid, which the President has used as It seems to me the President wants such as education, law enforcement, the approach to expand coverage, the to have his cake and eat it too. He tells public safety. As I mentioned, I did Governor, the Democratic Governor, the States they already have the abil- serve in the Wyoming State Legisla- says Medicaid is a poor vehicle for ex- ity to craft a different health care ture—5 years in the Wyoming State panding coverage. He want to say: plan, but, of course, there is a catch. Senate—and was there last week to ad- It’s a 45-year-old system originally de- What the President does not say, what dress the legislatures, the Wyoming signed for poor women and their children. he would not tell the Governors, is that State Senate and House, to talk with It’s not health care reform to dump more States can only design different health money into Medicaid. them, listen to them about their con- care plans if—if, and only if—they meet cerns. Well, the former Governor of Ten- the health care law’s litany of Wash- In the State of Wyoming, we are re- nessee is not alone. On November 9, ington mandates. quired, on an annual basis, to balance 2010, Governor Brian Schweitzer, of my States still must pass legislation our budget. We do it every year. So I neighboring State of Montana, also a mandating all its citizens buy health know from a firsthand experience that Democrat, met with his State’s health insurance. States must still provide tough choices need to be made. That is industry leaders to talk about Med- Washington-approved insurance cov- why I can tell you this current health icaid, the challenges they are facing. erage—Washington levels, Washington What he said was: ‘‘As the manager care law, President Obama’s health approved—limiting use of innovative of Montana’s budget, I am worried be- care law, is not going to make it any health care products such as health cause there are only three states that easier for our States to close the budg- savings accounts. Oh, no, that is not al- will increase the number of people on et gaps they are facing, and, as a mat- lowed by the President. States are still Medicaid at a faster rate than Mon- ter of fact, it is going to make the situ- locked into the law’s Medicaid expan- tana, thanks to the new health care sion spending requirements. During ation worse. bill.’’ The President’s health care law cre- these tough economic times, the States He said: ‘‘My job is to try and find need certainty, they need consistency, ated the biggest Medicaid expansion in ways to go forward that Montana can history. The law says every State must not more Washington doublespeak. continue to fund Medicaid and not be Last month, I introduced, along with provide Medicaid for every one of their like 48 other States . . . broke.’’ Senator LINDSEY GRAHAM, a bill giving citizens who earns up to 133 percent of So, in January, 33 Governors and the States exactly what they need: the Federal poverty limit. This does Governors-elect sent a letter to Presi- flexibility, freedom, and choice. The not work for the States, and it does not dent Obama, to Congressional leader- bill is called the State Health Care work for the people who will be forced ship, and to Health and Human Serv- Choice Act. This legislation is simple, onto Medicaid. ices Secretary Sebelius. What did they it is straightforward, and it protects The health care law does not provide say? Well, the letter asks Federal law- States rights by allowing them to vol- additional resources to States that are makers to lift the constraints placed untarily opt out of portions of the already strapped for cash in order to on them by the health care law’s man- health care law. try to deal with paying for this incred- dates. The Governors are begging Con- Specifically, our bill offers States the ible expansion of Medicaid, and it cer- gress for help. chance to opt out of the law’s indi- tainly does not give States additional They each have very unique Medicaid vidual mandate, to opt out of the law’s financial help so they can pay health Programs across the country, the dif- employer mandate and penalties, to care providers enough to participate in ferent States, and they want, they opt out of the Medicaid expansion, and Medicaid—because about 40 percent of asked, they need the flexibility to to opt out of the insurance benefit physicians across the country refuse to manage their programs, their indi- mandates. see Medicaid patients. My partners and vidual programs as effectively and effi- Why should the Federal Government, I took care of everyone in Wyoming ciently as possible. why should Washington, force the who would call or come to our office, Well, they all need to make tough States to adopt a one-size-fits-all regardless of ability to pay, but across but necessary budget decisions, and health care plan? States can decide the country about 40 percent of physi- they cannot do it when Washington bu- what works best for them. They need cians refuse to see Medicaid patients. reaucrats and the enduring wisdom of to be able to act on those decisions. So I have said, over and over those in Washington will not allow it. They do not need Washington to tell throughout this health care reform de- You want to add insult to injury? This them what to do. bate over the last year or so, that hav- week, the President claimed, as he was Well, some of the most innovative ing a health care government insur- addressing Governors at the National health care policy ideas truly do origi- ance card does not mean someone will Governors Association, that the health nate at the State and local levels. Gov- automatically have access to medical care law offers States flexibility to cre- ernors, State legislators, State insur- care. The President frequently talks ate their own health care plans. ance commissioners, each have much about making sure people have cov- This was Monday in an address to the greater insight into what works for erage, but that does not necessarily National Governors Association. The their citizens and what does not. mean they will have access to care. President made an announcement. He States are feeling trapped by the new So I wish to be very clear. The announced: ‘‘If your state can create a health care law’s mandates. States, especially my home State of plan that covers as many people as My bill, the one along with Senator Wyoming, do an incredible job of run- affordably and comprehensively as the GRAHAM, gives the States the sov- ning the Medicaid programs. They do it Affordable Care Act does—without in- ereignty to pursue their own reform with limited resources. But a weak creasing the deficit—you can imple- ideas and approaches. Each State de- economy, combined with a high unem- ment that plan.’’ serves the right—let me repeat that:

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1103 each State deserves the right—to pur- munity currently has a process in place establishing human rights, peace, and sue health care reforms they think ac- that can serve as a way forward for the stability in Egypt, Tunisia, and other tually help the citizens of their State. countries in the Middle East and North countries in the Middle East. As a The States have always been the lab- Africa in establishing a more demo- member of the Helsinki Commission oratories of democracy, the labora- cratic process, that guarantees free since 1993, I have discussed the possi- tories to test good ideas. Unfortu- elections and free speech. bility of a Helsinki-like process for the nately, this health care law locks them I am referring to the Organization for region with Middle Eastern leaders, a into a one-size-fits-all approach. The Security and Cooperation in Europe, process that could result in a more States want their freedom. The States the OSCE. The OSCE traces its origins open, democratic society with a free deserve their freedom. Our bill gives it to the signing of the Helsinki Accords press and fair elections. The Helsinki to them, offering the flexibility needed in 1975, and for more than 35 years has process, now embodied in the Organiza- to generate better health care reform helped bridge the chasm between East- tion for Security and Cooperation in solutions, solutions that do not require ern and Western Europe and Central Europe, bases relations between coun- the States to follow a Washington plan Asia, by ensuring both military secu- tries on the core principles of security, that may ultimately leave them broke. rity for member countries and the in- cooperation, and respect for human In writing the State Health Care alienable human rights of its citizens. rights. These principles are imple- Choice Act, I started with the assump- There are three baskets in OSCE. One mented by procedures that establish tion that people generally can be trust- basket deals with human rights be- equality among all the member states ed to do the right thing, and society cause it is critically important that through a consensus-based decision- prospers when government has less to the countries respect the rights of making process, open dialog, regular say about how people run their lives. their citizens. Another basket deals review of commitments, and engage- Others, many in this body, start by as- with security because you cannot have ment with civil society. suming Washington knows best and human rights unless you have a se- We have seen the Helsinki process should take more authority over every- cured country that protects the secu- work before in a region that has gone one else. rity of its people. The third basket through generations without personal Well, the States, the American peo- deals with economics and environment freedom or human rights. Countries ple are telling us they want health care because you cannot have a secure coun- that had been repressed under the to- reform. But they are telling us loudly try and you cannot have human rights talitarian regime of the Soviet Union and clearly that they do not want this unless there is economic opportunity are now global leaders in democracy, health care law. So it is time to give for your citizens and you respect the human rights, and freedom. One need the States the autonomy to create environment in which we live. The only look as far as the thriving Baltic health care systems that work best for three baskets are brought together. countries to see what the Middle East In the United States, the Congress them, and we do not have to dismantle could aspire to. Lithuania now chairs passed the U.S. Helsinki Commission the Nation’s current health care sys- both the OSCE and the Community of that monitors and encourages compli- tem, build it up in the image of big Democracies. Estonia has just joined ance by the member states in the government, shift costs to the States, the Unified European common cur- OSCE. add billions to our national debt, and I am privileged to serve as the Senate rency, and Latvia has shown a commit- then try to sell it as reform. chairman of the U.S. Helsinki Commis- ment to shared values as a strong new There are better ideas, and I have put sion, and I represent our Commission member of the NATO alliance. Enshrined among the Helskini Ac- forward mine. I ask all Senators to join on most, on these issues. Today Egypt cord’s 10 guiding principles is a com- me in cosponsoring the State Health and Tunisia, along with Algeria, Israel, mitment to respect human rights and Care Choice Act. Jordan, and Morocco, are active Medi- fundamental freedoms, including free I yield the floor. terranean partners within the OSCE The PRESIDING OFFICER (Mr. and have made a commitment to work speech and peaceful assembly. The Hel- MERKLEY). The Senator from Mary- toward the principles of the organiza- sinki process is committed to the full land. tion. participation of civil society. These as- Mr. CARDIN. Mr. President, I ask In 1975, the Helsinki Final Act recog- pects of the Helsinki process—political unanimous consent to speak as in nized that security in Europe is closely dialog and public participation—are morning business. linked with security in the Mediterra- critical in the Middle East, and we The PRESIDING OFFICER. Without nean and created this special partner- have watched these principles in action objection, it is so ordered. ship between the signatory states and today in Egypt and Tunisia. COMMISSION ON SECURITY AND COOPERATION IN the countries in the Mediterranean as a The principles contained in the Hel- EUROPE way to improve relations and work to- sinki Accords have proven their worth Mr. CARDIN. Mr. President, we have ward peace in the region. Libya was an over three decades. These principles all watched in awe during the past original partner in this endeavor but, take on increasing importance as the weeks as the unquenchable desire for regrettably—and, in my view, to its people of the Middle East demand ac- liberty and human dignity has inspired detriment—ultimately, turned its back countability from their leaders. Wheth- the people of the Middle East to lift on the organization. er the countries of the region choose to themselves from oppression and move More recently, the U.S. Helsinki create their own conference for secu- their country toward a new dawn. Commission has made the Mediterra- rity and cooperation or, as some have Sadly, we now also watch in horror nean partnership a priority on our suggested, the current OSCE Medi- the brutality of Colonel Qadhafi, who agenda. Parliamentary assembly meet- terranean partners and their neighbors murders his own people as he clings to ings have taken place in which all of seek full membership in the OSCE, I power. I join President Obama in call- the member states were present, in- believe such an endeavor could offer a ing for Colonel Qadhafi to leave Libya cluding our partners, and we have had path for governments in the region to immediately and support our efforts, in sidebar events to encourage the establish human rights, establish a free concert with the international commu- strengthening of the relationship be- press, and institute fair elections. nity, to help the Libyan people. tween our Mediterranean partners for Finally, as the citizens of both Tuni- What happens next? No one knows. I more cooperation to deal with human sia and Egypt demand more freedom, I certainly do not have the answer. I rights issues, to deal with free and fair urge both countries to permit domestic pray that peace and stability comes elections, to deal with their economic and international observers to partici- quickly to Libya and hope the people of and environmental needs, including pate in any electoral process. The Egypt and Tunisia make a swift and trade among the Mediterranean part- OSCE and its parliamentary assembly concrete progress in establishing demo- ners and, yes, to deal with security have extensive experience in assessing cratic institutions and the rule of law. issues to make sure the countries and and monitoring elections and could While each country in the region the people who live there are safe. serve as an impartial observer as both must find its own path in this journey, A Helsinki-like process for the Mid- countries work to meet the demands of I would suggest the international com- dle East could provide a pathway for openness and freedom of their citizens.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1104 CONGRESSIONAL RECORD — SENATE March 2, 2011 The election monitoring which takes current first-to-invent system is better a proceeding, it doesn’t seem it is place within the OSCE states is a com- for the little guy, the small inde- something that favors the small or mon occurrence. During our midterm pendent inventor. It turns out that is independent inventor. elections, there were OSCE observers actually not only not true but the op- Mr. Quinn’s article also responded to in the United States. So they are posite is the case. critics who allege that the present bill present in most of the OSCE states be- Under the first-to-invent system, if eliminates the grace period for patent cause we find this a helpful way to the big company tries to claim the applications. The grace period is the 1- make sure we are doing everything we same innovation that a small inno- year period prior to filing when the in- can to have an open and fair election vator made, that innovator would pre- ventor may disclose his invention with- system. Free and fair elections are vail if he could prove that he actually out giving up his right to patent. Mr. critical, but they must be built upon invented first, even if he filed last. But Quinn quotes the very language of the the strengthening of democratic insti- to prove he invented first, the inde- bill and draws the obvious conclusion: tutions and the rule of law. I believe pendent inventor would need to prevail Regardless of the disinformation that is the principles contained in the Hel- in what is called an interference pro- widespread, the currently proposed S. 23 sinki Accords have a proven track ceeding. These are proceedings before does, in fact, have a grace period. The grace period would be quite different than what we record and could help guide this proc- the Patent and Trade Office in which there is a determination by the PTO of have now and would not extend to all third ess. party activities, but many of the horror sto- With that, I yield the floor. who actually invented first. The PTO ries say that if someone learns of your inven- The PRESIDING OFFICER. The Sen- looks at all the parties’ notebooks and tion from you and beats you to the Patent ator from Arizona. other documents to determine issues Office, they will get the patent. That is sim- AMENDMENT NO. 133 such as conception of the idea and re- ply flat wrong. Mr. KYL. Mr. President, I wish to get duction to practice, the elements of a He, of course, is referring to the bill’s back to the underlying patent legisla- workable patent. proposed section 102(b). Under para- tion to talk on a particular amend- Yesterday I quoted from commentary graph (1)(A) of that section, disclosures ment. I am talking about the America published on Sunday, February 27, by made by the inventor or someone who Invents Act, legislation that would Mr. Gene Quinn, a patent lawyer who got the information from the inventor modernize our patent laws, legislation writes for the IP Watchdog Web site. I less than one year before the applica- which I believe will have very strong quoted his commentary noting that tion is filed do not count as prior art. support as soon as we are able to bring only one independent inventor has ac- Under paragraph (1)(B), during the 1- our debate to a close and have a vote. tually prevailed in an interference pro- year period before the application is There is one amendment that would ceeding in the last 7 years. In other filed, if the inventor publicly discloses be very troublesome if adopted. It is of- words, if the idea is that we need to his invention, no subsequently dis- fered by my friend from California, preserve something that is used by closed prior art, regardless of whether Senator FEINSTEIN. It would strike the small inventors, by independent inven- it is derived from the inventor, can bill’s first-to-file provisions. This tors, it just isn’t the case that first-to- count as prior art and invalidate the would not be a good idea. In fact, it invent actually does that. patent. would be a very bad idea. I wish to de- In his column, Mr. Quinn does a very This effectively creates a first-to- scribe why. good job of explaining why the inter- publish rule that protects those inven- First-to-file, which is just a concept, ference proceeding is largely an illu- tors who choose to disclose their inven- the filing date of the patent dates to sory remedy for small or independent tion. An inventor who publishes his in- the time one files it, is not new. The inventors. I will quote from what he vention or discloses it at a trade show question is whether we would codify said: or academic conference, for example, that. It has been a subject of debate [T]he independent inventors and small en- or otherwise makes it publicly avail- now for about 20 years. But at this tities, those typically viewed as benefiting able has an absolute right to priority if point it has been thoroughly explored from the current first to invent system, real- istically could never benefit from such a sys- he files an application within 1 year of by hearings before the House and Sen- tem. To prevail as the first to invent and his disclosure. No application effec- ate Judiciary Committees. We consid- second to file, you must prevail in an Inter- tively filed after his disclosure and no ered this at the outset of the drafting ference proceeding, and according to 2005 prior art disclosed after his disclosure of our patent reform legislation, and it data from the AIPLA, the average cost can defeat his application for the pat- has been in every version of the bill through an interference is over $600,000. So ent. since 2005. let’s not kid ourselves, the first to invent These rules are highly protective of Importantly, this provision we have system cannot be used by independent inven- inventors, especially those who share in the bill that would be taken out by tors in any real, logical or intellectually their inventions with the interested honest way, as supported by the reality of the Feinstein amendment is supported the numbers above. . . . [F]irst to invent is public but still file a patent applica- by all three of the major patent law or- largely a ‘‘feel good’’ approach to patents tion within 1 year. ganizations that represent all indus- where the underdog at least has a chance, if These rules are also clear, objective, tries across the board. It has the sup- they happen to have $600,000 in disposable in- and transparent. That is what we are port of the American Bar Association’s come to invest on the crap-shoot that is an trying to achieve with this legislation, Intellectual Property Law section. It is Interference proceeding. so that there is uniformity, clarity, supported by Intellectual Property Obviously, the parties that are likely and it is much easier to defend what Owners, which is a trade group or asso- to take advantage of a system that one has done. In effect, the rules under ciation of companies which own pat- costs more than $1⁄2 million to utilize the legislation create unambiguous ents and cuts across all industrial sec- are not likely to be small and inde- guidelines for inventors. A return to tors. And, very importantly, our lan- pendent inventors. Indeed, it is typi- the proposal of Senator FEINSTEIN guage also has the support of inde- cally major corporations that invoke would create the ambiguity we are try- pendent inventors, many of whom have and prevail in interference proceedings. ing to get away from. signed letters to the Senate in support The very cost of the proceeding alone The bottom line is, an inventor who of the codification of the first-to-file effectively ensures that it is these larg- wishes to keep his invention secret rule embedded in the Leahy bill. er parties that can benefit from this must file an application promptly be- The bottom line is there is a strong system. In many cases, small inventors fore another person discloses the inven- consensus to finally codify what is the such as startups and universities sim- tion to the public or files a patent for practice everywhere else in the world; ply cannot afford to participate in an it. An inventor can also share his in- namely, that patents are dated by interference, and they surrender their vention with others. If his activities when they were filed, which obviously rights once a well-funded party starts make the invention publicly available, makes sense. such a proceeding. he must file an application within a Let me respond to a couple argu- I think that first argument is unas- year, but his disclosure also prevents ments raised in favor of the Feinstein sailable. Since only one small inventor any subsequently disclosed prior art amendment. One argument is that the in the last 7 years has prevailed in such from taking away his right to patent.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1105 The bill’s proposed section 102 also Once the possibility of filing a provi- strengthen the current system for en- creates clear guidelines for those who sional application is considered, along trepreneurs and small businesses. We practice in a technology. To figure out with the bill’s enhanced grace period, have heard from nearly 50 small inven- if a patent is valid against prior art, all it should be clear that the first-to-file tors in more than 20 States who share a manufacturer needs to do is look at system will not be at all onerous for Mr. Foreman’s view. the patent’s filing date and figure out small inventors. Once one considers the I ask unanimous consent that a list whether the inventor publicly disclosed bill’s clean, clear rules for prior art and of those supporters, as well as Mr. the invention. If prior art disclosed the priority dates, its elimination of sub- Foreman’s letter to the Judiciary Com- invention to the public before the fil- jective elements in patent law, its new mittee in support of the America In- ing date, or if the inventor disclosed proceeding to correct patents, and its vents Act, be printed in the RECORD. the invention within a year of filing elimination of current patent-for- There being no objection, the mate- but the prior art predates that disclo- feiture pitfalls that trap legally rial was ordered to be printed in the sure, then the invention is invalid. If unweary inventors, it is clear this bill RECORD, as follows: not, then the patent is valid against a will benefit inventors both large and The following independent inventors post- prior art challenge. small. ed support for S. 23 on EdisonNation.com: Krissie Shields, Palm Coast, Florida 32164; Some critics of the first-to-file sys- So because this issue has been con- Sarkis Derbedrosian, Glendale, CA 91206; tem also argue that it will be expensive sidered from the inception of the de- Frank White, Randleman, North Carolina; for inventors because they will be bate about the legislation, in all of the Ken Joyner, Pasadena, CA 91109; Charlie forced to rush to file a completed appli- testimony and markups in every Lumsden, Kula, HI 96790; Timothy J. Mont- cation rather than being able to rely version of the bill since 2005, is sup- gomery, Altoona, PA 16601; Katherine Hardt, on their invention date and take their ported by all the industry groups who Escanaba, MI 49829; Toni Rey, Houston, TX time to complete an application. But believe patent reform is necessary, 77095; Shawn Head, Delaware, OH 43015; Emily Minix, Niceville, Florida; Betsy Kauf- these critics ignore the possibility of conforms to the rules of all other coun- man, Houston, Texas; Eric Huber, San Juan filing a provisional application which tries in the world, and provides clear Capistrano, CA 92675; Perry Watkins, Dun- requires only a written description of and easily demonstrable evidence of edin, FL; Jim Hacsi, Pueblo, Colorado; Brian the invention and how to make it. your patent, we believe the first-to-file Neil Smith, Orlando, FL; Clint Baldwin, Once a provisional application is rule is the best rule—date it from the Roseburg, Oregon 97471; Paul Wightman, filed, the inventor has a year to file the date you filed your patent rather than Cedar City, Utah 84721; Shalon Cox, Beverly completed application. Currently, fil- this rather confusing notion of first-to- Hills, CA 90209; Darwin Roth, Jacksonville, ing a provisional application only costs invent, which has not worked espe- Florida 32256; Dorinda Splant, Eatonton, GA 31024. $220 for a large entity and $110 for a cially well, and certainly has not Don Francis, Vista, CA 92083; Greg Bruce, small entity. worked well for the small inventor, Galveston, Texas; Sandra McCoy, Longwood, So this is easily accomplished and which is the point, I gather, of the FL 32750; Jerry Bradley, Joliet, IL 60435; quite affordable. amendment proposed by Senator FEIN- Phillip L. Avery, Bethlehem, PA 18015; Julie In fact, one of Mr. Quinn’s earlier STEIN. Brown, Yuma, AZ 85367; Eduardo Negron, columns, on November 7, 2009, effec- I urge my colleagues, if there are Beach Park, IL 60083; Betty Stamps, Greens- tively rebuts the notion that relying questions or confusion about this, boro, NC 27407; Victor Hall, Compton, CA; on invention dates offers inventors any Todd Bouton, Janesville, WI 53548; Denise those of us who have been involved in Sees, Canal Fulton, OH; Kevin McCarty, An- substantial advantage over simply fil- this will be happy to try to answer tioch, IL 60002; Jerry Vanderheiden, Aurora ing a provisional application. Here is them. I will be happy to be on the Sen- NE 68818; Sherri English, Savannah, TX; what he says: ate floor to discuss it further. But at Amy Oh, Portland, OR; Mark Stark, St. If you rely on first to invent and are oper- such time as we have a vote, I hope my Louis, MO 63123; Toni LaCava, Melbourne, ating at all responsibly you are keeping an colleagues would go along with what Florida 32935; Luis J. Rodriguez, South Or- invention notebook that will meet evi- the committee did and what all of the ange, NJ 07079; Michael Pierre, Newark, New Jersey; Patricia Herzog-Mesrobian, Mil- dentiary burdens if and when it is necessary versions of the bill have written in the to demonstrate conception prior to the con- waukee, Wisconsin. ception of the party who was first to file . . . past and support the bill as written and Derrick L. James, Beloit, WI 53511; Richard [Y]our invention notebook or invention not approve this amendment. J. Yost, Newman Lake, Washington; Ken record will detail, describe, identify and date The PRESIDING OFFICER. The Sen- Espenschied, Cleveland, OH; Roger Brown, conception so that others skilled in the art ator from Minnesota. North Augusta, SC 29861; Jared Joyce, Boze- will be able to look at the notebook/record Ms. KLOBUCHAR. Mr. President, I man, MT; Jane Jenkins, Clayton, Ohio; and understand what you did, what you thank the Senator from Arizona for his Tammy Turner, McDonough, GA; Diane knew, and come to believe that you did in very strong comments and also for his Desilets, North Attleboro, MA; John Nauman, Hollywood, Florida 33020. fact appreciate what you had. If you have support for this important bill. As you this, you have provable conception. If you have provable and identifiable conception, know, this has come through the Judi- FEBRUARY 14, 2011. you also have a disclosure that informs and ciary Committee. Senator KYL is a Hon. PATRICK J. LEAHY, supports the invention. . . . [And] [i]f the member of that committee, as I am, as Chairman, notebook provably demonstrates conception, well. We appreciate Senator LEAHY’s Hon. CHUCK GRASSLEY, then it can be filed as a provisional patent leadership on this bill, as well as all Ranking Member, U.S. Senate, Committee on application.... the other Senators who have worked so the Judiciary, Dirksen Senate Office Build- In other words, what you would ordi- ing, Washington, DC. hard on a difficult bill where there are DEAR CHAIRMAN LEAHY AND RANKING MEM- narily have in any event can be used as so many interests. But in the end, what BER GRASSLEY: First, please accept my con- the provisional application. guided us to get this America Invents gratulations on the overwhelming, bipar- In other words, the showing that an Act on this floor was the fact that in- tisan Judiciary Committee vote on com- inventor must make in a provisional novation is so important to our econ- promise patent reform legislation. I strongly application is effectively the same omy, that the protection of ideas in urge you to continue your efforts toward showing that he would have to make to America is what built our economy comprehensive reform by pushing for a vote prove his invention date under the over the years. So I want to thank Sen- on the Senate floor at the first available opportunity. first-to-invent system. A small inven- ator KYL. Your bill will make independent inventors, tor operating under the first-to-invent Before we hear from Senator BINGA- such as myself, more competitive in today’s rules already must keep independently MAN, who is here on another matter, I global marketplace. America’s economic fu- validated notebooks that show when he just want to support Senator KYL’s ture rests on our ability to innovate new conceived of his invention. Under first- statements about the need to transi- technologies that change the way people to-file rules, the only additional steps tion to the first-inventor-to-file sys- work, live and play. Yet, as you know, to- the same inventor must take are writ- tem. As I noted before, we have heard day’s patent system hinders this process, ing down the same things his note- from many small inventors and entre- rather than cultivating entrepreneurship and the new ideas needed to create more jobs and books are supposed to prove, filing that preneurs who support this transition. foster economic growth. writing with the Patent Office, and Independent inventor Louis Foreman As executive producer of the Emmy Award- paying a $110 fee. has said the first-to-file system will winning series, ‘‘Everyday Edisons,’’ and

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1106 CONGRESSIONAL RECORD — SENATE March 2, 2011 publisher of Inventors Digest, a long-stand- Mr. BINGAMAN. I appreciate the For this reason, I believe it would be ing publication serving the independent-in- chance to speak as in morning busi- appropriate for the President to be ventor community, I am continually in con- ness. ready to consider a release of oil from tact with individuals across the country WORLD OIL SUPPLIES our Strategic Petroleum Reserve if the dedicating their lives in search of the next situation in Libya deteriorates further. big idea. Some of these efforts bear fruit, Mr. President, I want to take a few while others falter. However, what ensures minutes to discuss the increasing oil Any additional oil market disturb- the continuity of their efforts, are the legal prices that we are observing each day ance—such as turmoil spreading from protections afforded under U.S. patent law. and the evolving situation in the Mid- Libya to Algeria, or from Bahrain to I started my first business as a sophomore dle East and North Africa. Saudi Arabia—would clearly put us in college and twenty years later, I can point From an oil market perspective, the into a situation where there would be a to 8 successful start-ups, along with being an turmoil in the Middle East changed very strong argument in favor of a sale integral part of twenty additional ventures. course just over a week ago, and it from the Strategic Petroleum Reserve. As a result, I have registered ten U.S. pat- changed course when Libya joined the While I do not think high oil prices ents and my firm has helped develop and file group of countries that are witnessing alone are sufficient justification for another 400 patents. These experiences have tapping the Strategic Petroleum Re- shaped my views on how the current system historic popular uprisings. Libya is the functions at a practical level for those at- first major energy exporter in the reserve, I do believe the announcement of tempting to translate their inventions into a gion to experience such an uprising. a Strategic Petroleum Reserve sale profitable business endeavor. Let me begin At the moment, as much as 1 million would help to moderate escalating by commending the USPTO for its tireless barrels per day of Libya’s total 1.8 mil- prices. efforts to make the current system work in lion barrels per day of oil production is My recommendation that we stand an efficient manner. Unfortunately, the offline, with continued political turbu- ready to release oil from the SPR is USPTO is hampered by a system that is in lence threatening to take even more squarely in the traditional policy we dire need of reform. have had in our government for SPR From my perspective, the Judiciary Com- oil offline before order is restored. It appears that international oil com- use, going back to the Reagan adminis- mittee-passed bill helps independent inven- tration in the 1980s. In testimony be- tors across the country by strengthening the panies, which are responsible for over current system for entrepreneurs and small 40 percent of Libyan oil production, fore the Committee on Energy and Nat- businesses by including the following: have removed their personnel from the ural Resources on January 30, 1984, Lower fees for micro-entities; country, and that has led to shutdowns President Reagan’s Secretary of En- Shorter times for patent prosecution cre- of most fields operated by those inter- ergy Donald Hodel stated that the ad- ating a more predictable system; national companies. ministration’s SPR policy in the event First-Inventor-to-File protections to har- For the moment, it appears that the of an oil supply disruption was to ‘‘go monize U.S. law with our competitors abroad for an early and immediate draw- while providing independent inventors with Libyan national oil companies them- certainty; selves are mostly continuing to down.’’ The SPR would be used to send Stronger patent quality and reliability by produce and export oil, although there a signal, a strong signal, to oil markets incorporating ‘‘best practices’’ into patent might be some limited production that the United States would not allow application examination and review, making losses in national oil company produc- a physical oil shortage to develop. it easier for independent inventors to attract tion as well. The SPR policy carried out during start-up capital; and There is reason to be concerned that the 1990–1991 Desert Storm operation Resources for the USPTO to reduce the the situation in Libya and throughout offers an example of this ‘‘early and in current patent backlog of 700,000 patents. the region could become worse before large volumes’’ policy in action. Your efforts in the Committee represent a On January 16, 1991, President George critical milestone for passage of comprehen- it improves. I do not know that it is sive reform and highlight an opportunity for useful to try to predict the most likely H.W. Bush announced that the allied progress. I also hope that Committee action outcome for what is occurring in the military attack against Iraq had paves the way for vigorous bicameral discus- country, but the reality is that many begun. Simultaneously, he announced sions on enacting legislation in the near fu- of the potential scenarios that have that the United States would begin re- ture. been thought of are not good for the leasing SPR stocks as part of an inter- We cannot afford to wait. The need for stability of world oil flows. national effort to minimize world oil these types of common sense reforms dates Fortunately, Saudi Arabia is widely market disruptions. Less than 12 hours back to 1966 when the President’s Commis- believed to have enough spare oil pro- after President Bush’s authorization, sion to the Patent System issued thirty-five the Department of Energy released an recommendations to improve the system. duction capacity to offset any losses in Some of these measures have been enacted Libyan oil production. The Saudis have SPR crude oil sales notice, and on Jan- over the years, but the economic challenges already publicly committed to compen- uary 28, 1991, 26 companies submitted inherent in today’s global market neces- sating for any Libyan shortfall and offers. sitate a broader modernization of the patent very likely have already ramped up Then-Secretary of Energy Watkins system. The 2004 National Research Council production to make good on that prom- noted: of the National Academy of Sciences report ise. We have sent an important message to the echoed this sentiment pointing to how eco- However, the additional Saudi crude American people that their $20 billion in- nomic and legal changes were putting new oil will not be of the same quality as vestment in an emergency supply of crude strains on the system. the lost Libyan barrels of oil, which oil has produced a system that can respond America’s economic strength has always rapidly and effectively to the threat of an rested on our ability to innovate. While a are light sweet crude. About three- energy disruption. quarters of Libyan exports go to West- number of positive economic indicators pro- According to an analysis posted on ern Europe, and the refineries in West- vide hope for the future, the environment for the Department of Energy’s Web site small businesses remains mixed. Patent ern Europe generally cannot manage during the George W. Bush administra- modernization is a tangible way to help the heavier and sour crudes that come tion: America’s small entrepreneurs in a fledgling out of the Persian Gulf region. There economy. Not only will these reforms help will be some crude oil dislocation, as The rapid decision to release crude oil from government-controlled stocks in the create new jobs and industries, but they will higher quality crudes are rerouted to help ensure our economic leadership for United States and other OECD countries years to come. Europe, and incremental Saudi barrels helped calm the global oil market, and prices Please do not hesitate to contact me if I of oil head for refineries that are able began to moderate. . . . World oil markets can be of any assistance in helping expedite to handle the lower grade oil they remained remarkably calm throughout most passage of this critical legislation. produce. of the war, due largely to the swift release of Sincerely, Between the lost production in the Strategic Petroleum Reserve oil. LOUIS J. FOREMAN, Libya, the crude oil dislocation associ- In recent years, the policy signals Chief Executive Officer. ated with additional Saudi production, surrounding SPR use have not been as Ms. KLOBUCHAR. Mr. President, I and the prospect of further turmoil in clear. Some SPR sales were criticized know Senator BINGAMAN is here to the region, we are now unquestionably as efforts to manipulate oil prices. The speak. facing a physical oil supply disruption SPR was then ignored during other oil The PRESIDING OFFICER. The Sen- that is at risk of getting worse before supply disruptions—including simulta- ator from New Mexico. it gets better. neous oil supply disruptions due to a

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1107 strike in Venezuela, political turmoil this practice that will threaten the become obvious to anybody that we are in Nigeria, and the initiation of the livelihood of so many Americans who not living within our means—not even current war in Iraq. depend on these programs one way or close. I believe the Reagan administration another, whether it is to fund their We are running a budget deficit this set the correct course for SPR deci- day-to-day existence or fund programs year of $1.6 trillion. That is 10 percent sionmaking. The current administra- that provide for our safety and security of the size of our entire economy—just tion would be well served in consid- as a nation. this year alone. Last year, it was $1.5 ering that example and should be We do have an increased reason to be trillion. If we do not do something very ready, in my view, to make a decision optimistic about this for a few reasons. serious about this now—not soon, not to calm world oil markets should the First, we have recent polling data in the next few years but now—if we do threat to world oil supplies increase in showing Americans overwhelmingly not do something about this now, this the coming days and weeks. support the idea of a balanced budget is already at unsustainable levels. Mr. President, I yield the floor. amendment. Secondly, a recent GAO In 1988, the total debt as a percentage I suggest the absence of a quorum. report shows we could find at least $100 of our economy was about 40 percent. The PRESIDING OFFICER. The billion annually in wasteful govern- In 2008, the total debt as a percentage clerk will call the roll. ment spending. This is the type of of our economy was about 40 percent. The assistant legislative clerk pro- wasteful Washington spending we Today it is at about 63 percent, and by October it will be 72 percent. These ceeded to call the roll. ought to have eliminated a long time numbers are staggering, and they are Mr. GRASSLEY. Mr. President, I ask ago, that we could eliminate and would not sustainable. It is already costing us unanimous consent that the order for be forced to eliminate if we, in fact, jobs because this huge level of debt and the quorum call be rescinded. had a balanced budget amendment. the ever-increasing debt from the ongo- The PRESIDING OFFICER. Without It would also require us to address ing deficits raise real doubts in the objection, it is so ordered. issues that will confront our children minds of investors and entrepreneurs Mr. GRASSLEY. Mr. President, I ask and grandchildren. As a proud and and small business owners what kind of unanimous consent to address the Sen- happy father of three, I can tell you, as ate as in morning business. financial future is in store for us. The difficult as the choices we will have to threat of serious inflation, high inter- The PRESIDING OFFICER. Without make may be, I am unwilling, as a fa- objection, it is so ordered. est rates, even a financial disruption ther, to pass these problems on to my grows dramatically as we keep piling The Senator from Iowa is recognized. children and my grandchildren who are Mr. GRASSLEY. I thank the Chair. on this debt. This is not just specula- yet unborn. I am unwilling to pass tion or theory. We have seen this with (The remarks of Mr. GRASSLEY per- along to them a system that mortgages taining to the introduction of S. 454 are other countries that have gone down the future of coming generations for this road. printed in today’s RECORD under the simple purpose of perpetuating gov- The good news is it is not quite too ‘‘Statements on Introduced Bills and ernment largess and wasteful Wash- late; we can do this; we can get our Joint Resolutions.’’) ington spending. spending under control. And I am abso- Mr. LEE. Madam President, I ask All this amendment does is call on lutely convinced we can have tremen- unanimous consent that the order for Members of the Senate to come for- dous prosperity and a tremendously ro- the quorum call be rescinded. ward and say they support the idea. By bust recovery and the job creation we The PRESIDING OFFICER (Mrs. voting in favor of this amendment, need if we follow some basic funda- HAGAN). Without objection, it is so or- they do not have to embrace any par- mental principles that have always led dered. ticular balanced budget amendment to prosperity wherever they have been AMENDMENT NO. 115 proposal. But what they do say is that tried. Mr. LEE. Madam President, I am on they want the wasteful Washington There are several—I will not go the floor to speak again in support of spending to stop, they want the per- through all of them—but one of the amendment No. 115, which I propose in petual deficit spending practice to fundamental ones is a government that connection with the patent reform bill, stop, and they want us to stop the lives within its means. I would define a bill I support and a bill I intend to practice of mortgaging the future of ‘‘means’’ as keeping a budget that is vote for and a bill that is going to be coming generations. This is immoral, balanced. This amendment today, of used as a vehicle for this amendment it is unwise, and it ought to be illegal. course, only expresses the will of the that calls for the sense of the Senate Soon it will be. With this amendment, Senate that we ought to do this. I on support for the need of a balanced we will set in motion a sequence of strongly hope all our colleagues will budget amendment. I am grateful to events that will lead to just that. join Senator LEE in this very construc- have the support of my good friend, the I yield the floor. tive amendment. former Governor of West Virginia, now The PRESIDING OFFICER. The Sen- I yield the floor. the junior Senator from West Virginia, ator from Pennsylvania. Mr. GRASSLEY. Madam President, I JOE MANCHIN, who is cosponsoring this Mr. TOOMEY. Madam President, I suggest the absence of a quorum. amendment with me. rise this afternoon to express my very The PRESIDING OFFICER. Without objection, it is so ordered. The clerk Here is what it does. It calls on us as strong support for Senator LEE’s will call the roll. Senators to come forward and vote on amendment and the underlying con- The assistant bill clerk proceeded to whether we think we should amend the stitutional amendment I hope this call the roll. Constitution and submit that to the body will take up at some point soon. Mr. DURBIN. Madam President, I ask States for ratification to restrict our I commend Senator LEE for his leader- unanimous consent that the order for power to engage in perpetual deficit ship on this issue, for offering this the quorum call be rescinded. spending. amendment now. The PRESIDING OFFICER. Without We, as Members of Congress, are au- I feel a tremendous sense of urgency. objection, it is so ordered. thorized, pursuant to article I, section I do not think we have time to waste, Mr. DURBIN. Madam President, I 8, clause 2 to incur debt in the name of time to wait, time to kick this can know personally the extraordinary ef- the United States. This power has been down the road anymore. We have done forts made by the chairman of the Sen- abused over time to such a degree that that too long. ate Judiciary Committee to bring this we are now almost $15 trillion in debt. The fact is, a balanced budget amend- patent reform bill to the floor. I have By the end of the decade, we will have ment to our Constitution would pro- worked with him in the past, and it has amassed annual interest payments that vide the kind of fiscal straitjacket this not been an easy task. I know that will be approaching $1 trillion. This government clearly needs. If we oper- many times he felt he was close to hav- threatens every government program ated the way many States did, if we oping the right bill at the right moment, under the Sun. Whether you most want erated the way all businesses did, if we and then it slipped away. But his deter- to protect Social Security or national operated the way families did and we mination and his capacity to bring peo- defense or any other government pro- lived within our means, then maybe ple together has resulted in this mo- gram, you should be concerned about this would not be necessary. But it has ment where the bill is before us. And it

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1108 CONGRESSIONAL RECORD — SENATE March 2, 2011 is important that it is, not just because vacuum cleaners in 1869. Josephine would note that it keeps user fees low of his hard work but because of what it Cochran of Shelbyville, IL, once said, for small startups and individual inves- means for this country. ‘‘If nobody else is going to invent a tors. I don’t know whether it has formally dishwashing machine, I’ll do it my- In past years, there were some parts been done, but this bill is being re- self.’’ In 1886, she did it and got a pat- of the bill that generated controversy, characterized as the America Invents ent for it. The company she created is including provisions relating to dam- Act instead of the Patent Reform Act now known as Whirlpool. ages and venue in patent infringement because those few words tell a much Our patent laws set the rules of the lawsuits. The good efforts in this bill bigger story. We are talking about the road for American innovation. By giv- that have been negotiated have re- kind of innovation and research in ing inventors exclusive rights over sulted in these provisions no longer America that will create successful their inventions for a term of 20 years, being a subject of controversy. companies and good American jobs, patents provide great incentive for in- I know we will have some amend- and that is why this bill is important. vestment. Patents enable inventions to ments offered on the bill, and I expect It has been a long time—going back be shared with the public so new inno- we will have a good debate on them. At to our origins as a nation—since we vations can be based upon them. the end of the day, I expect we will recognized the right for those who in- It has been a long time since we have have a strong bipartisan vote in pass- vent things to have some proprietary looked at our patent laws and really ing this bill. Senator LEAHY is now try- personal interest in those inventions, updated them. Just think about this, ing to get this train into the station. and we set up the Patent and Trade- putting it into perspective. It has been There are a lot of people bringing cars mark Office for that purpose. Unfortu- over 50 years. And I commend Senator here who want to hook on because they nately, that office of the Federal Gov- LEAHY for tackling this. It has not know this is an important bill and like- ernment isn’t keeping pace with the been easy. The pace and volume of in- ly to pass. creativity of our country, and that is novation has quickened a great deal There are some areas, I might add, why Senator LEAHY has brought this since we looked at this law over 50 which we did not discuss in committee bill to the floor. years ago, and the Patent and Trade- and which I considered raising in an This is bipartisan legislation. I com- mark Office has struggled to keep up. amendment on the floor but held back. mend him for his work on it, and I Over the last few years, Congress has One of them relates to the controver- commend my Republican colleagues for debated how best to modernize our pat- sial issue of gene patenting, which I joining him. Senators GRASSLEY, KYL, ent law. It has been a tough issue. We have been learning about recently. It is SESSIONS, and HATCH have also worked have one set of patent laws governing my considered opinion this is now diligently on this. the incredibly diverse range of inven- working its way through the courts This may not be the simplest area of tions and industries. In trying to up- and to try to intervene on the floor the law. I can remember that when I date our laws, we have to be careful here would be premature. The courts was in law school here in town, there not to make changes that benefit some have to decide whether people can pat- was one student—he was the only Afri- industries but undermine innovation in ent genes. can-American student in my class, and others. The bill before us strikes the There was a recent story I saw on ‘‘60 that goes back to the days of George- right balance. That is why I voted for Minutes’’ where a company known as town Law, Senator LEAHY, when there it in Committee and support it. It is a Myriad had patented the gene for were few minorities and few women. He product of years of bipartisan negotia- breast cancer. They have now created a was African American. He wore a white tion. It is a good compromise. It is contest, incidentally, to determine wheth- shirt and tie to class every day. sensus legislation passed out of the Ju- er a woman has this gene. The test is in I went up to him one day and said: So diciary Committee a few weeks ago the range of $4,000 to $5,000. The actual tell me your background. with a unanimous 15-to-0 vote. cost of the test should be much lower, He said: Well, I am an engineer, and The bill is supported by the Obama and the obvious question the courts are I want to be a patent lawyer. administration and his Cabinet officers deciding is, How can you claim owner- And I quickly moved to another table and a broad and diverse group of stake- ship of a gene that occurs in nature in because I realized there wasn’t any- holders, all the way from the American human bodies you didn’t create? That thing we could talk about. I knew Bar Association, to the AFL-CIO, to is the question before the courts. We nothing about his world. But it is a the Biotechnology Industry Organiza- could have debated it here for a long specialized world, and one in which I tion. The list is very long. time and maybe never resolved it, but am sure he was very successful. Patent In my own home State, I went to the depending on how the courts come out law is something that is very hard to major manufacturing companies and on the issue, we may visit it again. explain, and I think that is part of the said: You look at it because these in- I hope the House will take this bill reason this bill has taken some time to ventions are your future. You have to up quickly. I know they want to look it come here. be confident that what we do to the over from their perspective, but we But economic growth is driven by in- law is consistent with new inventions, need to pass this. If we are talking novation, and if you have a good idea new innovations, and new jobs not just about creating jobs in successful, thriv- for a new product in America, you can at your company but at other places. ing businesses in America, this bill get a patent and turn that idea into a I am happy to say that those sup- needs to pass. business. Millions of good American porting it include the Illinois Tool I thank Chairman LEAHY for his lead- jobs are created this way. The list is Works, Caterpillar—the largest manu- ership and for his hard work on this endless. facturer in my State—Motorola, Mon- issue. I am honored to serve with him Patents have been the source of great santo, Abbott, IBM, and PepsiCo. on the Senate Judiciary Committee. American stories. Joseph Glidden, a The bill will improve the ability of I yield the floor. farmer from DeKalb, IL, patented the Patent and Trademark Office to The PRESIDING OFFICER. The Sen- barbed wire fence in 1874. It dramati- award high-quality patents. Right now, ator from Vermont. cally changed the way ranchers and there is a backlog of over 700,000 patent Mr. LEAHY. I thank the distin- cattlemen and others were able to do applications, which they are struggling guished senior Senator from Illinois, their business as they settled the fron- to clear. Think about that—700,000 in- who has been an invaluable member of tier in America. I might add that the ventions and ideas that are waiting to the Judiciary Committee all the time I DeKalb High School nickname is ‘‘The be legally recognized so that they can have been there. This has been very Barbs’’ as a consequence of this one go forward in production. This bill will helpful. I appreciate what he said. I discovery. Glidden’s invention made streamline the operations and adjust found interesting the list of patents him a wealthy man, but his legacy in- the user fees to make sure the agency from his home State of Illinois, and I cluded granting the land for what be- clears the backlog. think each one of us can point to some came Northern Illinois University in The bill takes steps to improve sub- of those with pride. If we are going to DeKalb. Ives McGaffey of Chicago in- mission of information to the PTO stay competitive with the rest of the vented and patented one of the first about pending patent applications. I world, we have to get this bill passed.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1109 It has been more than 60 years since we thing we can create to demand that is sometime between late March and May updated our patent law. We are way be- a straitjacket for Congress, if you will, is the projection. hind the rest of the world. We have to a balanced budget constitutional I firmly believe it would be enor- be able to compete, so I thank the Sen- amendment. Unfortunately, I think mously irresponsible to address that ator. Congress, time and time again over issue until and unless we put ourselves FURTHER MODIFICATION TO AMENDMENT 121, AS years and decades, has proved we need on this road to reform, until and unless MODIFIED to put Congress in that straitjacket if we pass something like a meaningful Madam President, I have cleared this we are ever going to get to a sustain- balanced budget constitutional amend- with the Senator from Iowa. Notwith- able fiscal situation, a balanced budg- ment. So this sense of the Senate is standing the adoption of the Leahy- et. meant as a first step. I applaud Senator Grassley amendment No. 121, as modi- This is not some academic debate. LEE for putting it before us as that fied, I ask unanimous consent the This is about the future of our kids, first step. Let’s say yes. Let’s say we amendment be modified further with our grandkids, and our immediate fu- are going to do it. the changes that are at the desk. ture because we could be put into eco- Then, of course, most important, The PRESIDING OFFICER. Without nomic chaos at any time because of our let’s do it. Let’s do it now. The clock is objection, it is so ordered. untenable fiscal situation. Forty cents ticking. Let’s do it now, well before we The further modification is as fol- of every $1 the Federal Government is reach any crisis point such as coming lows: spending is borrowed money—so much up on the debt limit I spoke about. On page 3 of the amendment, delete lines 8 of that money borrowed from the Chi- Let’s act responsibly, which means through 17. nese. This is about whether we are acting now. Let’s take up the Nation’s Mr. LEAHY. Madam President, we going to remain the most free, most important business, which is spending are down to very few things. I hate to prosperous country in human history. and debt. Let’s avoid the economic ca- put in another quorum call and then This is about if we are going to remain lamity that is threatened if we stay on hear from Senators calling they want our own masters or if we are going to the current path, which is completely, utterly unsustainable. It is not just me some time to speak about amendments. have to look to the folks who are lend- saying that, it is everybody knowing I know sometimes we follow the ‘‘Drac- ing us all this money, including the it, including Ben Bernanke, Chairman ula’’ rule, being that we do not legis- Chinese, for consent in terms of how we of the Federal Reserve Board. He testi- late until it is dark and Dracula comes map our future. out. Maybe, since the days are getting Is that the future we want to hand to fied before us at the Banking Com- mittee yesterday and said exactly the longer, we could do some things during our kids? It is certainly not the future same thing. daytime hours. I send out a call, a I want to hand to my kids. That is pleading call: If people want their Ben Bernanke is not some ideologue. what it is all about. Again, it is not far He is not some tea party conservative. amendments, come forward, let’s have off in the distance. This is an imme- But he said yesterday, very clearly, a vote up or down on them and be done diate challenge. three important things. First of all, with it. This could lead to an immediate eco- the greatest medium and long-term I suggest the absence of a quorum. nomic crisis unless we get ourselves on The PRESIDING OFFICER. The challenge we face as a country is our the path to a balanced budget quickly. fiscal posture. Secondly, the fiscal path clerk will call the roll. Again, step 1 is cuts this year, a budget The assistant bill clerk proceeded to we are on is completely and utterly that is going back to 2008 levels, unsustainable. Third, while that is a call the roll. prestimulus, pre-Obama budget, this Mr. VITTER. Madam President, I ask long-term challenge, it poses short- year. That is step 1. term, immediate consequences. unanimous consent the order for the But step 2 is some sort of important quorum call be rescinded. If we do not get on a sustainable path structural reform such as a balanced now, immediately in the short term, The PRESIDING OFFICER. Without budget constitutional amendment that objection, it is so ordered. we could have immediate short-term puts a straitjacket on Congress, that consequences, even economic crisis. AMENDMENT NO. 115 demands that we get there in a reason- Let’s avoid that. Let’s do right by our Mr. VITTER. Madam President, I rise able period of time. children. Let’s tighten our belt, as in strong support of the Lee amend- The huge majority of States operate American families have been for sev- ment, which is a sense of the Senate under exactly this type of constitu- eral years in this recession, and let’s that this body and the House should tional amendment. The huge majority demand that we keep on that path with pass a constitutional amendment re- of municipalities, towns, cities, other a balanced budget constitutional quiring a balanced budget. Clearly, I jurisdictions, operate under this sort of amendment. think in the mind of every American, constraint. It is hard sometimes. It de- I yield the floor. our top domestic challenge is to get mands tough choices. In times such as The PRESIDING OFFICER (Mr. hold of our fiscal situation to move us these, in a recession, it demands real WHITEHOUSE.) The Senator from to a sustainable path, to tighten the cuts. Vermont. belt of the Federal Government just But guess what. Just like a family Mr. LEAHY. I ask unanimous con- like every American family has been does sitting around their kitchen table sent that an article written for The doing for many years in this recession. making their family budget fit reality, Hill by the distinguished Secretary of We are making a start, a real but States do that, cities do that, towns do Commerce Gary Locke, dated March 2 modest start, in terms of this year’s that, and Congress should have to do of this year, be printed in the RECORD. budget. I was happy the Senate fol- that for the Federal Government. Con- The PRESIDING OFFICER. Without lowed the lead of the House and passed gress should have to tighten its belt, objection, it is so ordered. a 2-week CR today that has substantial like families do reacting to their budg- (See exhibit 1.) cuts, the exact level of cuts as the et reality sitting around the kitchen Mr. LEAHY. Mr. President, it is in- House passed for the rest of the fiscal table. teresting, I do not want to embarrass year. I support that important start in I think it is perfectly clear we are the person whom I wanted to speak terms of this year’s budget. Of course, not going to get there, unless and until about at all, but I was interested in lis- we need to finish the job by passing a we are made to through some sort of tening to my dear friend, Senator DUR- spending bill for the entire rest of the mechanism such as the balanced budg- BIN, speak about his time at George- fiscal year with that level of cuts or et constitutional amendment. town Law School. Both he and I grad- more. Even beyond the deadline imposed by uated from the Georgetown Law That is a start, but it is only a start. the expiration of the current or any School. He talked about a classmate of The other thing I think we need to do other CR spending bill, we have an- his who was in patent law, and he real- is create reform, a structure that de- other looming deadline, which is, ized this was a complex subject, one mands that Congress stay on that path whenever the United States Federal that is not the sort of law that he, Sen- to a balanced budget until we get Government hits up on the current ator DURBIN, was going to go into, any there. I believe the most important debt ceiling. That is going to happen more than I would have.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1110 CONGRESSIONAL RECORD — SENATE March 2, 2011 But I also think of another graduate with the subject matter of the America stand how the proposed amendment un- of Georgetown Law Center who was an Invents Act. dercut the Constitution, it was de- engineer, had a degree in engineering, Extraneous amendments that have feated. studied patent law, and became one of nothing to do with the important Now another Senator has adopted the most distinguished patent lawyers, issues of reforming our out-of-date pat- this cause. litigators in this country, and is now a ent system so that American He has proposed a different, even member of the Federal circuit court of innovators can win the global competi- more complicated proposed constitu- appeals and that is Judge Richard tion for the future have no place on tional amendment. That will require Linn. this important bill. They should not be study in order to be understood. It will It was interesting hearing the Sen- slowing its consideration and passage. require working with the chairman of ator from Illinois, himself one of the If America is to win the global eco- the Judiciary Committee Sub- finest lawyers in this body. My wife nomic competition, we need the im- committee on the Constitution, Civil Marcella and I had the honor of being provements in our patent system that Rights and Human Rights. out in Chicago with Judge Linn and his this bill can bring. While the new Senator from Utah is wife Patty for a meeting of the Richard We must now dispose of another such a member of the Judiciary Committee Linn American Inn of Court in Chi- amendment so that we may proceed to and a member of the Constitution sub- cago. He serves with great distinction. final passage of the America Invents committee, he has not consulted with In fact, a major part of this legislation Act and help inventors, American busi- me about his proposal, nor, as far as I reflects an opinion he wrote. nesses and our economic recovery. know, with the chairman of the sub- But I digress. I ask unanimous con- I take proposals to amend the Con- committee, the senior Senator from Il- sent the Senate resume consideration stitution of the United States seri- linois. of the Lee amendment No. 115, with the ously. I take seriously my oath as a Instead, he preemptively seeks to raise the matter on this important bill, time until 5:15 equally divided between Senator to support and defend the Con- which is designed to create jobs, en- the two leaders or their designees; that stitution and to bear true faith and al- courage American innovation and upon the use or yielding back of time, legiance to it. Over the years I have become more strengthen our economy. the Senate proceed to vote in relation For the last 20 years, the so-called and more skeptical of recent efforts to to the Lee amendment No. 115; that the balanced budget amendment has been a amend the design that established the Lee amendment be subject to a 60-vote favorite slogan for some. For some oth- fundamental liberties and protections threshold; that upon disposition of the ers of us, we have done the hard work for all Americans. I believe the Found- Lee amendment, the Senate resume to actually produce a balanced budget ers did a pretty good job designing our consideration of the Menendez amend- and, indeed, a surplus. ment No. 124; that Senator MENENDEZ fundamental charter. Rather than defile the Constitution, be recognized to modify his amend- I likewise take seriously the stand- we have worked and voted to create a ment with the changes at the desk and ard set in article V of the Constitution balanced budget and a budget surplus. the amendment, as modified, be agreed that the Congress propose amendments In 1993, without a single Republican to; that the motions to reconsider be only when a supermajority of the Con- vote to help us, Democrats in the Con- considered made and laid upon the gress deem it ‘‘necessary.’’ While there gress passed a budget that led to a bal- table, with no intervening action or de- have been hundreds of constitutional anced budget and, indeed, to a budget bate; and there be no amendments in amendments proposed during my serv- surplus of billions of dollars by the end order to the amendments prior to the ice in the Senate, and a number voted of the Clinton administration. vote. upon during the last 20 years, I have That surplus was squandered by the The PRESIDING OFFICER. Without been steadfast in my defense of the next administration on tax breaks for objection, it is so ordered. Constitution. the wealthy and an unnecessary war Mr. LEAHY. I thank the superb staff The matter of a so-called balanced that cost trillions but went unpaid for. for writing that out because I am not budget amendment to the Constitution Those misjudgments were compounded quite sure I could have done that on is not new to the Senate. Indeed, I be- by financial fraud and greed that led to my own. lieve the first matter Senator HATCH the worst economic recession since the I had hoped as we began debate on moved through the Judiciary Com- Great Depression. That is what we this important bill to modernize Amer- mittee when he chaired it and I served have been seeking to dig out from ica’s patent system that the Senate as the ranking member was his pro- under since 2008. would focus specifically on this meas- posed constitutional amendment to At this time, I ask unanimous con- ure designed to help create jobs, ener- balance the budget. sent to have printed in the RECORD a gize the economy and encourage inno- I strongly opposed it, but I cooper- letter received from American Federa- vation. ated with him in his effort to have the tion of State, County and Municipal I had hoped that we would consider committee consider it promptly and Employees, AFSCME, in opposition to relevant amendments, and pass the vote. the Lee amendment. bill. The America Invents Act is a key I wish others would show the man- There being no objection, the mate- part of any jobs agenda. We can help agers of this bill that courtesy and co- rial was ordered to be printed in the unleash innovation and promote Amer- operation and not seek to use this bill RECORD, as follows: ican invention, all without adding a as a vehicle for messages on other mat- AFSCME, penny to the deficit. ters. Washington, DC, March 2, 2011. This is commonsense, bipartisan leg- The Judiciary Committee has consid- DEAR SENATOR: On behalf of the 1.6 million islation. I said at the outset that I ered so-called balanced budget amend- members of the American Federation of hoped the Senate would come together ments to the Constitution at least nine State, County and Municipal Employees, I to pass this needed legislation and do times over the last 20 years. The Sen- am writing to urge you to oppose Senator so in the finest tradition of the Senate. ate has been called upon to debate Lee’s amendment to S. 23, providing that it is the sense of the Senate that Congress I thank the Republican manager of the those amendments several times, as should pass and the states should agree to an bill and the assistant Republican lead- well, in 1982, 1986, 1992, 1994, 1995 and amendment to the Constitution requiring a er for their support and efforts on this 1997. Despite the persistent and ex- Federal balanced budget. bill. traordinary efforts of the senior Sen- A constitutional balanced budget amend- Unfortunately, we have become ator from Utah, they have not been ment is a simplistic answer to a complicated bogged down with nongermane, nonrel- adopted by the Congress. issue and would serve only to further weaken evant, extraneous discussions and The only time the Senate agreed to our economy and move us away from fiscal the proposed constitutional amend- responsibility at a time of much economic amendments. uncertainty. It would require large, indis- Earlier this week, Senators who were ment was in 1982. On that occasion, the criminate spending cuts during economic focused on our legislative effort and re- House of Representatives thought the downturns, precisely the opposite of what is sponsibilities joined in tabling an better of it. On the subsequent five oc- needed to stabilize the economy and avert amendment that has nothing to do casions, as Senators came to under- recessions.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1111 The immediate result of a balanced budget funding. This will enable the USPTO to hire would simply allow it to go for a voice amendment would be devastating cuts in more examiners and bring its IT system into vote because the proponent of the education, homeland security, public safety, the 21st century so it can process applica- amendment is not even on the floor, I health care and research, transportation and tions more quickly and produce better pat- will, to protect his right and notwith- other vital services. Any cuts made to ac- ents that are less likely to be subject to a commodate a mandated balanced budget court challenge. standing his not following the normal would fall most heavily on domestic discre- Second, it decreases the likelihood of ex- policy, ask for the yeas and nays. tionary programs, but ultimately, there pensive litigation because it creates a less The PRESIDING OFFICER. Is there a would be no way to achieve a balanced budg- costly, in-house administrative alternative sufficient second? et without cuts in Social Security and other to review patent validity claims. There appears to be a sufficient sec- entitlement programs as well. A balanced Also, the pending legislation would add ond. budget amendment would likely dispropor- certainty to court damages awards, helping The question is on agreeing to the tionately affect unemployed and low-income to avoid excessive awards in minor infringe- amendment. Americans. ment cases, a phenomenon that essentially The clerk will call the roll. There are also serious concerns about the serves as a tax on innovation and an impedi- The assistant legislative clerk called ment to business development. implementation of such an amendment and the roll. how it would involve the courts in matters Finally, patent reform adopts the ‘‘first-in- more appropriately resolved by the legisla- ventor-to-file’’ standard as opposed to the Mr. DURBIN. I announce that the tive and executive branches of government. current ‘‘first-to-invent’’ standard. First in- Senator from North Dakota (Mr. Budgetary decisions should be made by offi- ventor to file is used by the rest of the world, CONRAD), and the Senator from Lou- cials elected by the people, not by unelected and would be good for U.S. businesses, pro- isiana (Ms. LANDRIEU) are necessarily court officials with no economic or budget viding a more transparent and cost-effective absent. expertise. process that puts them on a level playing I further announce that, if present I urge you to oppose the Lee amendment field with their competitors around the and voting, the Senator from Louisiana and to oppose any effort to adopt an amend- world. There is some concern among some small, (Ms. LANDRIEU) would vote ‘‘no.’’ ment to the Constitution requiring a bal- The PRESIDING OFFICER. Are there anced budget. independent inventors, who feel like the cur- Sincerely, rent system is better for them, but it’s our any other Senators in the Chamber de- CHARLES M. LOVELESS, strong opinion that the opposite is true. siring to vote? Director of Legislation. Here’s why: The cost of proving that one The result was announced—yeas 58, was first to invent is prohibitive and re- Mr. LEAHY. We have stabilized the nays 40, as follows: quires detailed and complex documentation [Rollcall Vote No. 30 Leg.] economic freefall and begun to revive of the invention process. In cases where YEAS—58 the economy. there’s a dispute about who the actual inven- Everyone knows that economic tor is, it typically costs at least $400,000 in Alexander Ensign McConnell growth is the path toward budget bal- legal fees, and even more if the case is ap- Ayotte Enzi Moran pealed. By comparison, establishing a filing Barrasso Graham Murkowski ance. Economic growth and winning Begich Grassley date through a provisional application and Nelson (NE) the future through American innova- Bennet Hatch Nelson (FL) establishing priority of invention costs just tion is what the bipartisan American Blunt Hoeven Paul $110. The 125,000 provisional applications cur- Boozman Hutchison Invents Act is all about. Portman rently filed each year prove that early filing Brown (MA) Inhofe Risch Brown (OH) Isakson Accordingly, for all these reasons as dates protect the rights of small inventors. Roberts Burr Johanns well as the reasons for which I opposed In the past seven years, of almost 3 million Rubio Carper Johnson (WI) applications filed, only 2 patents were grant- Sessions the efforts to amend the Constitution Chambliss Kirk in 1982, 1986, 1992, 1994, 1995 and 1997, I ed to small entities that were the second in- Coats Kohl Shelby oppose amendment No. 115. ventor to file but were able to prove they Coburn Kyl Snowe were first to invent. Of those 25, only one Cochran Lee Thune EXHIBIT 1 patent was granted to an individual inventor Collins Lieberman Toomey [From the Hill, Mar. 2, 2011] who was the second to file. Thus, in the last Corker Lugar Udall (CO) Cornyn Manchin Vitter DELIVERING INNOVATION AND JOBS THROUGH seven years, only one independent inventor in nearly 3 million patent filings would have Crapo McCain Wicker PATENT REFORM DeMint McCaskill (By Commerce Secretary, Gary Locke) gotten a different outcome under the ‘‘first- inventor-to-file’’ system. NAYS—40 Today, there are more than 700,000 Many proposals in this legislation have unexamined patent applications log-jammed Akaka Harkin Reid been debated for a decade, but we now have Baucus Inouye Rockefeller at the U.S. Patent and Trademark Office core provisions with broad support that will Bingaman Johnson (SD) Sanders (USPTO).Many of them represent inventions undoubtedly add more certainty around the Blumenthal Kerry Schumer that will come to market and launch new validity of patents; enable greater work Boxer Klobuchar Shaheen businesses and create new, high-paying jobs. sharing between the USPTO and other coun- Cantwell Lautenberg Stabenow Cardin Leahy But without a patent, securing the funds tries; and help the agency continue with Tester needed to get a business or innovation off Casey Levin Udall (NM) operational changes needed to accelerate in- Coons Menendez the ground is nearly impossible, for both Warner novation, support entrepreneurship and busi- Durbin Merkley Webb small and large inventors alike. ness development, and drive job creation and Feinstein Mikulski Whitehouse Patent reform legislation the Senate is economic prosperity. Franken Murray Wyden considering this week can change that. And thanks to the leadership of Senate and Gillibrand Pryor And it can build on the progress USPTO House Judiciary Committee Chairmen, Pat- Hagan Reed Director David Kappos has already made in rick Leahy1 and Lamar Smith, getting this NOT VOTING—2 reducing the time it takes to process the av- bipartisan jobs legislation passed is a top Conrad Landrieu erage patent—currently nearly 3 years. priority. New programs have been introduced to There’s a clear case for it. As President The PRESIDING OFFICER. On this fast-track promising technologies, reforms Obama said in his State of the Union ad- vote, the yeas are 58, the nays are 40. have been made to help examiners more dress, ‘‘The first step in winning the future is Under the previous order requiring 60 quickly process applications, and the Patent encouraging American innovation.’’ votes for the adoption of this amend- Office recently announced a plan to give in- Reforming our patent system is a critical ment, the amendment is rejected. ventors more control over when their patent part of that first step. is examined. Speeding the transformation of an idea Under the previous order, the Sen- The result? The backlog of patents is de- into a market-making product will drive the ator from New Jersey is recognized. creasing for the first time in years, even as jobs and industries of the future and AMENDMENT NO. 124, AS MODIFIED new applications have actually increased 7 strengthen America’s economic competitive- Mr. MENENDEZ. Mr. President, pur- percent. ness. suant to the previous order, I ask that But if the USPTO is to speed the move- The PRESIDING OFFICER. Under my amendment be modified with the ment of job-creating ideas to the market- the previous order, all time has now ex- changes that are at the desk. place, it will take more than internal, administrative reforms alone. That’s where the pired. The PRESIDING OFFICER. Under patent reform legislation comes in. The question is on agreeing to the the previous order, the amendment is Here’s what it promises to do: First, it al- Lee amendment No. 115. so modified. lows the USPTO to set its own fees—a major Mr. LEAHY. Mr. President, even The amendment, as modified, is as part of ensuring that the agency has reliable though I oppose this amendment and follows:

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1112 CONGRESSIONAL RECORD — SENATE March 2, 2011 On page 104, strike line 23, and insert the recommended that PTO retain every raised with me, particularly small and following: dollar it collects from inventors. In independent inventors. It is a technical SEC. 18. PRIORITY EXAMINATION FOR TECH- fact, the Appropriations Committee and complex issue, one about which ex- NOLOGIES IMPORTANT TO AMER- has on several occasions approved bills perts in patent law have strong dis- ICAN COMPETITIVENESS. Section 2(b)(2) of title 35, United States to allow PTO to spend up to $100 mil- agreements. But I think the bill would Code, is amended— lion in excess of PTO’s appropriation if be much better without these provi- (1) in subparagraph (E), by striking ‘‘; and’’ fee revenue is higher than the appro- sions. and inserting a semicolon; priations level. For shorthand, a lot of people talk (2) in subparagraph (F), by striking the Second, the amendment would reduce about this issue as first-inventor-to-file semicolon and inserting ‘‘; and’’; and oversight. Rather than being subject to versus ‘‘first-to-invent.’’ But, in my (3) by adding at the end the following: the annual appropriations process, this view, this terminology just confuses ‘‘(G) may, subject to any conditions pre- agency—with a budget of more than $2 the issue. My constituents are most scribed by the Director and at the request of billion—would be on autopilot. The un- concerned about the loss of the uncon- the patent applicant, provide for derlying bill seeks to reduce the back- ditional 1-year grace period under cur- prioritization of examination of applications rent law. Both a first-to-invent and a for products, processes, or technologies that log of pending patent applications. Cur- are important to the national economy or rently, it takes PTO nearly 3 years to first-inventor-to-file system could have national competitiveness without recovering process a patent application. The back- the grace period; there is no inherent the aggregate extra cost of providing such log of applications stands at over inconsistency. I am not sure why the prioritization, notwithstanding section 41 or 700,000. Some progress has been made two issues have been merged. Frankly, any other provision of law;’’. in this area, thanks to the annual over- people who talk about priority fights SEC. 19. EFFECTIVE DATE. sight provided in appropriations bills and interferences are completely miss- Mr. MENENDEZ. Mr. President, this which has succeeded in forcing man- ing the point. The concerns are all modified amendment, cosponsored by agement reforms that have slowed the about the grace period. Senator BENNET, would allow the Pat- growth of PTO’s backlog. My constituents tell me that the cur- ent Office Director to prioritize patents The amendment requires PTO to sub- rent law grace period is crucial to that are important to the national mit annual budget requests and spend- small and independent inventors, for economy or national competitiveness. ing plans to Congress. However, this numerous reasons. First, it comports The amendment will ensure that pat- approach eliminates the requirement with the reality of the inventive proc- ents that are vital to our national infor an annual legislative vehicle to ess. An idea goes through many trials, terests do not languish in any backlog closely examine and approve expendi- errors, and iterations before it becomes at the Patent Office and that they ulti- tures of taxpayer dollars and fee rev- a patent-worthy invention. Small in- mately promote the national economy enue. Instead the amendment would re- ventors in Nevada tell me that some- and national competitiveness. strict accountability for an agency times they may have conceived an idea My understanding is that by previous that struggles to keep up. While our in- as an improvement to the apple; and it agreement the amendment, as modi- ventors are standing in line for pat- turns out to be a new type of orange. fied, is agreed to. ents, their ideas can be stolen to fuel The grace period allows inventors the The PRESIDING OFFICER. That is another country’s economy. I am very time to refine their inventions, test them, talk issues through with others, correct. Under the previous order, the encouraged by Director Kappos’ new all without worry of losing their rights amendment, as modified, is agreed to. leadership at PTO, but much more if these activities result in an acci- Mr. MENENDEZ. Thank you, Mr. progress and greater management over- dental disclosure or the development of President. sight are still necessary to give Amer- new ‘‘prior art.’’ With that, I yield the floor and sug- ican inventors the protections they de- Second, the grace period comports gest the absence of a quorum. serve. with the reality of small entity financ- Finally, the amendment may hamper The PRESIDING OFFICER. The ing through friends, family, possible PTO operations in the future. PTO has clerk will call the roll. patent licensees, and venture capital- adequate fee revenue now, but that has The assistant editor of the Daily Di- ists. The grace period allows small in- not always been the case. As recently gest proceeded to call the roll. ventors to have conversations about The PRESIDING OFFICER. The Sen- as fiscal year 2009, PTO experienced a their invention and to line up funding, ator from Colorado. revenue shortfall due to lower than ex- before going to the considerable ex- Mr. BENNET. Mr. President, I ask pected fee collections. To keep PTO’s pense of filing a patent application. unanimous consent that the order for operations whole and to help tackle the In fact, in many ways, the 1-year the quorum call be rescinded. patent backlog, we gave PTO a direct grace period helps improve patent The PRESIDING OFFICER. Without appropriation to bridge their financial quality—inventors find out which ideas objection, it is so ordered. gap when fees weren’t enough. In fact, can attract capital, and focus their ef- Without objection, the motions to re- PTO fee collections have fallen short of forts on those ideas, dropping along the consider on the two previous amend- appropriations levels by more than $250 way other ideas and inventions that ments are laid upon the table. million since fiscal year 2005. Unfortu- don’t attract similar interest and may Ms. MIKULSKI. Mr. President, I rise nately, should such a gap occur in fu- not therefore be commercially mean- to explain my vote against the man- ture years, the Appropriations Com- ingful. agers’ amendment to S. 23, the Amer- mittee would not be poised to step in if These inventors therefore believe ica Invents Act. PTO’s fee collections are not adequate that the effective elimination of the I agree wholeheartedly with the to cover operations. grace period in the law is therefore a chairman of the Judiciary Committee Again, I applaud the Judiciary Com- serious blow. They tell me that now that we must enable our inventors to mittee, under Chairman LEAHY’s lead- they will have to try to file many more out innovate and produce the products ership, for pushing PTO to continue its applications, earlier in the process. and jobs of the future. progress as part of our Nation’s innova- They tell me that the balm of ‘‘cheap However, a provision in the man- tion engine. Unfortunately, this provisionals’’ is snake oil, because a agers’ amendment would take the Pat- amendment will only send PTO drifting provisional still has to meet certain ent and Trademark Office, PTO, off- on autopilot with little congressional legal standards, meaning that you still budget. I cannot support this provision accountability. have to spend a lot for patent counsel, for three reasons. AMENDMENT NO. 133 which is the biggest single expense of First, the provision is unnecessary. Mr. REID. Mr. President, I support filing an application. Because they Proponents argue that it will prevent Senator Feinstein’s amendment to re- can’t afford to file that many applica- the diversion of PTO’s fees. However, store the grace period under current tions, regular or provisional, they will since fiscal year 2005, the Appropria- law and eliminate the so-called first- have to give up on some inventions al- tions Committee has rejected the prac- inventor-to-file provisions of the legis- together. If that is so, it wouldn’t just tice of diverting PTO fees for other lation. This is the No. 1 outstanding be bad for them, it would be bad for the purposes and instead has consistently issue of concern my constituents have creation of innovation in America.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1113 They also are concerned that it will RISK RETENTION No. 1, it is my understanding they be harder to get VC funding because Mr. ISAKSON. Mr. President, I come are considering memorializing 80 per- they will have filed applications on in- at the end of a long day for all of us to cent as the maximum amount of loan ventions that weren’t quite the right talk about a subject that is off the sub- to value for a loan that would fall as a ones. The added risk about whether ject from the bill on the floor but is qualified residential mortgage and do they can ensure that the provisional one of tremendous importance to the not address private mortgage insurance application will be adequate to provide United States and the recovery of our for coverage above 80 percent. protection to this slightly modified but economy. Without getting technical, what that commercially more meaningful inven- I want to also point out for the would mean is the only qualified resi- tion will be enough to scare off already record—and hopefully also for the right dential mortgage that could be made difficult to obtain venture capital people—that we are at a critical point and not require risk retention would funding. in terms of housing in America, with have to have a minimum of a 20-per- The legislation doesn’t turn a blind Dodd-Frank having been passed and cent downpayment. In the olden days eye to these problems. It provides a newly promulgated rules. It is essential of standard lending in the eighties, sev- type of grace period, triggered by in- that we don’t make the mistakes that enties, and sixties, when you borrowed ventor disclosures. Will this new, sig- led us to the last collapse that caused more than 80 percent but not over 95 nificantly more scaled back grace pe- the tragedy in the housing market in percent, you had private mortgage in- riod work? Maybe. I don’t know. I can 2007, 2008, and 2009. surance to insure the top 30 percent of tell you that the independent inventors In the Dodd-Frank bill, there was an the loan made so the investors had the in Nevada swear by a code of secrecy amendment called the qualified resi- insurance of knowing, if there was a and nondisclosure until they are far dential mortgage, which was offered by default, the top portion of that loan, enough along to get patent protection. Senators LANDRIEU, HAGAN, and myself which was the most in terms of loan to It would require a sea change in cul- to ensure that the risk retention provi- value, would be insured and would be ture to be able to benefit from this sions of Dodd-Frank would not apply to paid. very limited inventor’s disclosure-trig- a well-underwritten, well-qualified If it is, in fact, correct that this com- gered grace period. loan. Risk retention, as the Chair re- mittee is going to recommend a quali- Further, there are legitimate ques- members, is the 5-percent retention re- fied residential mortgage require a 20- tions about how this new disclosure quirement of any lender who made a percent downpayment and not make provision would work—for instance, residential mortgage that was not provisions for PMI, we will be making what happens when an invention that qualified, but they were not specific in a serious mistake because two things is disclosed leads to other, different their definition of what a qualified will happen. One, very few people will ideas and disclosures that update the mortgage would be. So we took the be able to get a home loan in the entry- state of the art before the application point to take the historical under- level market or even in the move-up has been filed? How is an inventor writing standards that have proven to market because a 20-percent downpay- going to be able to prove that changes work so well in this country and write ment is significant. Second, by not uti- in an ‘‘ecosystem of technology’’ were them into the Dodd-Frank bill, which lizing PMI, we will be turning our back necessarily derived from her disclo- were that a mortgage that may be ex- on 50 years of history in America, sure? empted from a risk retention would where PMI has been used to satisfac- I would also note that I appreciate have to have 20 percent down, and if torily insure risk and insure qualified that PTO Director Kappos has been there was more than 80 percent loan to lending. doing great work in terms of reaching value, that amount above 80 percent We must remember what happened in out to small inventors, trying to make would have to be covered by private terms of the collapse of Freddie Mac things cheaper and more efficient for mortgage insurance. We required third- and Fannie Mae. What happened was them; trying to demystify the PTO for party verification of bank deposits, Congress directed they buy a certain them. If any PTO Director could make third-party verification of employ- percentage of their portfolio in what this work, I feel confident he is the one ment, third-party verification of an in- were called affordable loans, which be- who can do it. dividual’s ability to make the pay- came subprime securities, which be- But, you know what, if it ain’t broke, ments and service the debt, credit came 13 percent of their portfolio, don’t fix it. Our current system has records, and all the underwriting which brought them down when helped make America the most innova- standards. As the Chair remembers, subprime securities collapsed. If we all tive country in the world; I will ven- what got us into so much trouble from of a sudden, through fiat, decide to ture to say the most innovative society 2000 to 2007 is that we made subprime pass regulations to define a qualified in world history. Our innovation sys- loans, used stated income, didn’t do residential mortgage that is so prohibi- tem is the envy of the world. We don’t debt checks or anything else we should tive we run everybody to FHA, which is need to harmonize with them; they are have done. We made bad mortgages. exempt, then we will be putting a bur- trying to figure out how we do it. This My point is this. There is a com- den on FHA that is unsustainable and is one area where nothing is broken, mittee that has been formed—made up create a situation of another collapse and I am very worried about unin- of very distinguished Americans—that or another inability of the United tended consequence, especially when a is promulgating the rules to carry out States to meet housing needs through lot of the folks arguing about this issue the intent of Dodd-Frank. That com- the private sector and through well un- are not even talking about the thing mittee includes Sean Donovan from derwritten loans. that matters—the grace period. HUD; Ben Bernanke; Edward DeMarco, My reason for coming to the floor to- Accordingly, I support the Feinstein Acting Director of the Federal Housing night is, hopefully, to send a message, amendment. And I encourage my col- Finance Agency; John Walsh, Acting before the decisions are made, to be leagues to support it too. I am not Comptroller of the Currency; Mary thoughtful in determining what the pa- making this argument as the Senate Shapiro, head of the SEC; and Sheila rameters will be on a qualified residen- majority leader, but as the Senator Bair, head of FDIC. That is a very au- tial mortgage. Yes, I do think an 80- from Nevada—if the current grace pe- gust group. They are in the process of percent or less loan should be qualified riod isn’t broke, then we absolutely promulgating rules to carry out the in- and avoid risk retention. But a well- shouldn’t fix it with something that tent of Dodd-Frank. The rumors com- paid, well-verified, well-credit-evalu- my constituents tell me, with alarm, ing out of those negotiations—and I ated individual who borrows more than may make it harder for them to patent say rumors because I cannot verify it 80 percent but less than 75 should be their innovations. because I am not there. But I know the able to do so and be excluded from the Mr. ISAKSON. Mr. President, I ask articles I have read in the papers in the risk retention as long as they have pri- unanimous consent to be recognized as last couple of days send a troubling sig- vate mortgage insurance covering that in morning business. nal to me. top 30 percent of the debt created by The PRESIDING OFFICER (Mr. BEN- Just for a few minutes, I wish to that loan. NET). Without objection, it is so or- make the points that I think are so If you do that, you protect the equity dered. critical. provisions, you protect the investor,

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1114 CONGRESSIONAL RECORD — SENATE March 2, 2011 you make the qualified loan, you do TEXAS INDEPENDENCE DAY AND cans under Santa Anna. I have sustained a not put the country at risk, but most THE LETTER FROM COLONEL continual Bombardment and cannonade for important of all, you do not force ev- WILLIAM BARRET TRAVIS 24 hours and have not lost a man. The enemy erybody to FHA. That is what we are has demanded surrender at discretion, other- Mrs. HUTCHISON. Mr. President, I wise, the garrison is to be put to the sword, about to do because FHA is, by defini- rise to read the letter from COL Wil- if the fort is taken. I have answered the de- tion under Dodd-Frank, exempt from liam Barret Travis from the Alamo, mand with a cannon shot, and our flag still risk retention. All other loans are not, something I have done every year since waves proudly over the wall. I shall never except those that will fall under the Senator Phil Gramm retired. He read surrender our retreat. QRM, qualified residential mortgage. It the letter on Texas Independence Day Then I call on you in the name of Liberty, would be a disaster for the recovery of of patriotism, of everything dear to the every year after Senator Tower left of- American character, to come to our aid with American housing to force Americans fice. So we have a tradition every to only one source of money to finance all dispatch. The enemy is receiving rein- Texas Independence Day of a Texas forcements daily and will no doubt increase their home and put so much stress on Senator reading the very moving to three or four thousand in four or five the Federal Housing Administration speech from William Barret Travis. days. If this call is neglected I am deter- that it collapses under the burden. Today is the 175th anniversary of our mined to sustain myself as long as possible We need to be pragmatic when we independence from Mexico. and die like a soldier who never forgets what look at issues facing housing. We need This past Sunday, I had the honor of is due his honor and that of his country— to be practical in taking Dodd-Frank participating in the Washington-on- Victory or Death. the-Brazos’ 175th anniversary celebra- —William Barrett Travis, Lt. Col. and making it work for the American Commander. people. We need to recognize the value tion of the Texas Declaration of Inde- Steadfast to the end and independent of private mortgage insurance, the pendence signing. It was a special occa- to the core, that is the essence of value of good, solid underwriting and sion that brought together almost all Texas. not put a risk retention in that is so the 59 signers’ descendants. Thousands Had Colonel Travis and his men not high that we take most American of proud Texans came to commemorate laid down their lives in the Battle of mortgage lenders out of the business, this most pivotal event in Texas’s leg- the Alamo, Sam Houston’s victory at isolated only for a few who dictate and acy of freedom and patriotism. San Jacinto just 2 months later would write the parameters they want to My great-great-grandfather, Charles never have been possible. Texas’s free- write for housing. We are at a critical S. Taylor, was willing to sign the docu- dom might not have been won. time in our recovery. Housing has hit ment that declared Texas free from It is important that every generation the bottom, and it has bounced along Mexico. I am humbled to occupy the of Texas pause to remember the patri- the bottom, but it is showing some Senate seat from Texas that was first ots of the Texas revolution: each sol- signs of coming back. Now would be held by Thomas Jefferson Rusk, who dier who gave his life at the Alamo, the worst time to send a signal that was another signer of the Texas Dec- Goliad, and San Jacinto; the 59 men mortgage money is going to be harder laration of Independence. who met at Washington-on-the-Brazos, to get, the banks are going to have to Those 59 brave men did not just come putting their lives in danger by signing hold 5 percent risk retention on even in and sign a paper. They took great that Declaration of Independence and the best of loans and, worst of all, it risk. They put their lives, their treas- becoming heroes for a cause; and the would give the American people only ures, and the lives of their families on bravery of the women who gave up an one alternative for lending; that is, the the line to do this. One hundred sev- easier life in the East to join the strug- Federal Housing Administration which, enty-five years later, sometimes you do gle to make Texas the marvelous place in and of itself, is already under a bur- not think of how hard it was for them it is today. den and stressed. to declare this separation from Mexico and know that there was going to be a My great-great-grandmother was one I appreciate the time tonight to war fought over it because the Mexican of those brave women. She took her bring this message to the floor that as Army was in San Antonio at the four children in what was called the we write the rules to promulgate the Alamo, getting ready to take the Runaway Scrape, trying to flee east- intent of the Dodd-Frank bill in terms Alamo from William Barret Travis and ward from Nacogdoches, where they of residential housing and finance, we the roughly 180 men who were there lived, to try to escape the advancing be sure we do so in such a way that we who were trying to defend that for- Mexican Army and the Indian raids meet the demands of a vibrant market- tress. that were happening all over east place rather than restricting it, put- The accounts of the revolution have Texas. ting a burden on FHA, and protracting been some of our most dramatic stories My great-great-grandmother lost all what has already been a long and dif- of patriotism in both Texas and Amer- four of her living children during that ficult housing recession. ica. sad and hard time for Texas. But that I yield the floor and suggest the ab- We remember the sacrifice of William was not the last chapter in the revolu- sence of a quorum. Barret Travis, Davy Crockett, Jim tion. She came back to Nacogdoches, The PRESIDING OFFICER. The Bowie, and the others who died bravely met my great-great-grandfather, who clerk will call the roll. defending the Alamo against Santa was there signing the Texas Declara- The legislative clerk proceeded to Anna and his thousands of trained tion of Independence, and had nine call the roll. Mexican troops. more children. They were outnumbered by more So the women also were heroes and Mr. REID. Mr. President, I ask unan- than 10 to 1. For 13 days of glory, the heroines of this time. imous consent that the order for the Alamo defenders bought critical time It is my honor to memorialize the quorum call be rescinded. for GEN Sam Houston, knowing they Texas legacy of freedom and patriotism The PRESIDING OFFICER. Without would probably never leave the mission in this way. objection, it is so ordered. alive. I ask unanimous consent that my The late Senator John Tower started speech at the Washington-on-the-Braz- f the tradition of reading a stirring ac- os celebration this past weekend be count by Alamo commander William printed in the RECORD. MORNING BUSINESS Barret Travis, and Senator Gramm and There being no objection, the mate- now I have continued that tradition. rial was ordered to be printed in the Mr. REID. Mr. President, I ask unan- From within the walls of the Alamo, RECORD, as follows: imous consent that we proceed to a pe- under siege by Santa Anna’s Mexican WASHINGTON-ON-THE-BRAZOS CELEBRATION riod of morning business with Senators Army of 6,000 trained soldiers, Colonel REMARKS allowed to speak for up to 10 minutes Travis wrote this letter to the people (Delivered February 27, 2011 at Washington- each. of Texas and all Americans: on-the-Brazos Historic Site) The PRESIDING OFFICER. Without Fellow Citizens and Compatriots: I am be- Thank you so much. What a great rep- objection, it is so ordered. sieged with a thousand or more of the Mexi- resentative Lois Kolkhorst is for this area

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1115 and so fitting to have someone who loves the This position of course made him a rep- did everything she could to shield them from history. Thank you, Lois, and thank you for resentative of the government of Mexico, but seasonal rains and disease. that lovely introduction and thank you for he was witnessing firsthand the widening rift Tragically, like so many mothers of the this welcome. between Texans and Mexico’s emerging au- time, she lost every one of her four children. I wanted to say especially thank you to the tocracy. But the trials of the revolution were not Washington-on-the-Brazos Association and As the movement for independence from the final chapters in their lives. all of the associations that keep our Texas Mexico began to grow, he sided, of course, After the War of Independence ended, Anna history alive. Thank you from the bottom of with Texas in the dispute with the central Maria and Charles went right back to our hearts because we are passing it through government over taxation. Nacogdoches, and she bore nine more chil- the generations because of you. Thank you Secretary of War Thomas Rusk asked Tay- dren. all. lor to allow the fees entrusted to him to be The families of all of you here today, as de- You know it is so special that you have used to purchase weapons for the Texas scendents, recovered and rebuilt their lives honored all of us, the descendants, on the army. after independence was won, and they start- 175th anniversary, because those 59 brave He was technically obligated to pass the ed building Texas at the same time. men did not just come in and sign a paper. money to Mexico, so Rusk’s request pre- I inherited Thomas Rusk’s world atlas They took great risk. They put their lives, sented him with an ethical dilemma. dated 1850 which is now in my office recep- their treasures, and the lives of their fami- But Taylor ultimately agreed, believing tion room in Washington, DC. lies on the line to do it. And sometimes, 175 that the people who paid the taxes wanted According to the atlas, in 1850, Texas had years later, sometimes we don’t think about and deserved freedom to govern themselves. just over 212,500 people. And we learned just With this money and every penny they the risk that they were willing to take. last week that our state’s population today could collect all over Texas from the towns They were actually elected as delegates by is over 25 million. everywhere, they were armed for the battle. their peers in the little towns throughout I think the 59 signers of the Declaration of But remember they had no money for uni- Texas because every one of those people Independence would be awestruck by this forms, they were not formally trained. What wanted to govern themselves. staggering figure. Oh, how far we’ve come! they did have was the will to fight for some- In Texas, independence is not merely a When I finish my term, I will bring Thom- state of being free from tyranny; it is a spirit thing greater than themselves. As he prepared his men for the final stand as Rusk’s world atlas back to its rightful instilled within us, anchored in our knowl- home in Texas, to Stephen F. Austin Univer- edge that we are part of something truly in the fight for freedom at San Jacinto, these were Sam Houston’s words, ‘‘We view sity, which is built on land he owned. There unique. it will be on display for future generations to Across the nation, Texans have earned the ourselves on the eve of battle. We are nerved for the contest, and must conquer or perish. see. reputation for being exceptionally proud—a In order to secure our bright future, we little too much, some people think! But Tex- It is vain to look for present aid: for it is not there. We must now act or abandon all hope! must preserve our rich history. ans earned it; they earned it 175 years ago, Each year on March 2, I read William Bar- Rally to the standard, and be no longer the and we have passed it from generation to ret Travis’ letter from the Alamo, because it scoff of mercenary tongues! Be men, be free generation. is so stirring and so amazingly brave. We are the only state that came in to our men, that your children may bless their fa- The late Senator John Tower started the nation as a nation, and with that distinction ther’s name.’’ tradition of reading it every single year. comes a vivid history and a storied past un- After the victory at the battle of San Senator Phil Gramm continued it, and I took like any other. Jacinto and Santa Anna’s surrender, Sec- What some interpret as a brazen stubborn- retary of War Rusk wrote the report. I love it when Phil retired. ness—we know to be a fierce and steadfast these words. His description: Colonel Travis wrote in that letter, ‘‘I will to live in freedom. ‘‘The sun was sinking in the horizon as the shall never surrender or retreat.’’ And dis- When that will was tested, Texans rose up battle commenced; but at the close of the playing the ultimate courage in the face of and rebelled against oppression. conflict, the sun of liberty and independence certain demise, he wrote, ‘‘I am determined In the time leading up to the Texas Revo- rose in Texas, never, it is hoped, to be ob- to sustain myself as long as possible and die lution, colonists were living under the cen- scured by the clouds of despotism . . . The like a soldier who never forgets what is due tralized power of the Mexican government. unerring aim and irresistible energy of the to his own honor and that of his country— Its steel grip on trade, religion, and heavy Texas army could not be withstood. It was Victory or Death.’’ taxation, conflicted with the yearning for freemen fighting against the minions of tyr- Steadfast to the end and independent to independence that drew the early American anny and the results proved the inequality of the core—that is the essence of Texas. settlers to Texas. such a contest.’’ Finally . . . the cliff notes to my speech The accounts of our revolution have be- I now want to bring attention to another today are: come some of the most dramatic stories of contingent of brave Texans whose involve- That we, the descendents of these great 59 patriotism in both Texas and American his- ment in the revolution was significant, but men and their wives and all of those who fol- tory. sometimes overlooked: the women. They lowed, and all of those in these associations We remember the sacrifice of Colonel Wil- struggled to keep their families together, or who have no descendents but know that liam Barret Travis, Davy Crockett, Jim even alive. Texas is special, it is important that every Bowie, and the 189 men who died bravely de- One of our state’s first historians, Mary generation of Texas pause to remember the fending the Alamo against Santa Anna and Austin Holley, who was the cousin of Ste- patriots of the Texas revolution: his thousands of trained Mexican troops. phen F. Austin, chronicled the daring, enter- Each soldier who gave his life at the Outnumbered by more than 10 to one, for 13 prising nature of Texas’ women settlers. Alamo, Goliad, and San Jacinto; days of glory, the Alamo defenders bought She wrote that these hardy women hunted The 59 men who met at Washington-on-the- critical time for General Sam Houston, with their husbands and rode long distances Brazos, putting their lives in danger by sign- knowing they would never leave the mission on horseback to attend social events with ing that Declaration of Independence and be- alive. their ball gowns stuffed in their saddlebags. coming heroes for a cause; Had they not laid down their lives in that During the Texas Revolution, their vigor And the bravery of the women who gave up seminal battle, Sam Houston’s victory at and free-spiritedness translated to steadfast an easier life in the East to join the struggle San Jacinto just two months later would courage and unshakeable resolve to survive to make Texas the marvelous place that it is never have been possible. Texas’ freedom and protect their families in the face of ex- today. might not have been won. treme trial. It is our challenge to pass their spirit to Those who signed the Texas Declaration of Thomas Rusk himself wrote, ‘‘The men of our children and our grandchildren. This Independence, where we stand today, were Texas deserved much credit, but more was gathering today and the annual celebration akin to those who signed the American Dec- due the women. Armed men facing a foe that we have of Texas Independence Day do laration of Independence in 1776. They were could not but be brave; but the women, with just that. the leaders of this area. They risked their their little children around them, without Thank you! And God bless Texas! lives and those of their family when they put means of defense or power to resist, faced Mrs. HUTCHISON. I yield the floor. pen to paper. danger and death with unflinching courage.’’ And the 59 Texans who are so ably rep- The Runaway Scrape of 1836 swept every f resented here today were considered traitors family in Central and East Texas. My great- REMEMBERING KATE IRELAND to Mexico as they used their voices, their great-grandmother, Anna Maria Taylor, was professions, and positions of influence to one of the thousands of refugees fleeing east- Mr. MCCONNELL. Mr. President, I wage critical battles in the revolution. ward from the Mexican advance and the rise today to honor the life, legacy and My great-great-grandfather, Charles Tay- threat of Indian raids. extraordinary accomplishments of Ms. lor, was one of these patriots whose prin- With her husband, Charles Taylor, attend- Kate Ireland, who passed away peace- ciples and will to survive were tested. ing the convention of delegates right here, fully at her home at Foshalee Planta- In 1836, he was land commissioner in East Anna Maria, like many of your great-great- Texas, responsible for issuing titles and col- grandmothers struggled to escape on foot. tion in northern Florida on February lecting taxes. He served as alcalde, essen- Anna Maria fought to feed her four chil- 15, 2011. She was 80. Kate was a prime tially the mayor, of Nacogdoches Territory. dren. Despite widespread food shortages, she example of a woman who gave back to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1116 CONGRESSIONAL RECORD — SENATE March 2, 2011 her community through her passion for nity-Based Nurse-Midwifery Education velopment District and Trustee and Chair- public service, conservation efforts, Program, The Mary Breckinridge Chair man of Berea College. and volunteerism. Her tenacious spirit to support the faculty of Frontier, and In 1963, in recognition of her strong leader- and determination made her one of the the Kate Ireland and Kitty Ernst ship skills, Miss Ireland was elected to the FNS Board of Governors and served in var- most inspiring and hardworking people Scholarships which are awarded to stu- ious capacities on the Board until her death. I have ever had the privilege of know- dents annually. She was an upstanding She was Chairman of the Development Com- ing, and I am honored to have called woman who dedicated most of her life mittee in 1967; Vice Chairman of the Board her my friend. to serving others. Her impressive ac- in 1968; and National Chairman of the Board Coming from a successful family complishments and pleasant manner of Governors in 1975, a post she held until with a rich tradition of philanthropy left a wide-reaching legacy that forever 1992. In 1997 she was named National Hon- and public service, Kate’s interest in changed her community, and there is orary Chairman. volunteerism and conservation began no doubt that the Commonwealth is ‘‘She was a great mentor and a very deter- at an early age. Her parents, the late mined and forceful woman who had the gift poorer for her loss. My thoughts go out of convincing others to agree to support her Robert and Margaret Ireland, were also to her sister, Louise; her dear friend in whatever project she was interested in,’’ avid philanthropists and conservation- Anne Cundle; and many other friends said Jane Leigh Powell, Chairman of the ists who taught Kate to admire and ap- and family. The Leslie County News re- FNS Board of Governors and a friend of Miss preciate the beauty of life around her. cently published an article about Kate Ireland’s for nearly 50 years. ‘‘She main- It was this sense of appreciation that and the legacy she left behind. I ask tained her interest in Leslie County after inspired her to hold a lifelong dedica- unanimous consent that the full article moving to Florida and continued to be a very loyal supporter of the FNS.’’ tion to philanthropy of the arts, edu- be printed in the RECORD. cation, and health care. One example of Kate Ireland’s ability to There being no objection, the mate- see the potential for Mary Breckinridge’s vi- After graduating from St. Timothy’s rial was ordered to be printed in the sion for nursing and midwifery was her sup- in Baltimore and attending Vassar Col- RECORD, as follows: port for the creation of the Community- lege for a year, Kate realized that she A LIFETIME SUPPORTER OF FRONTIER, KATE Based Nurse-Midwifery Education Program had another calling in life to fulfill. So, IRELAND LEAVES A LASTING LEGACY (CNEP). ‘‘We clearly would not have the suc- 20-year-old Kate packed her bags and Miss Kate Ireland, a lifelong philanthropist cessful, distance education programs that we moved to the Commonwealth to volun- and a guiding force of the Frontier Nursing have today without the support of Kate Ire- teer at the Frontier School of Mid- Service, passed away on Feb. 15, 2011, at her land,’’ reports Susan Stone, President and wifery and Family Nursing, a nursing home in northern Florida. Miss Ireland de- Dean of the Frontier School of Midwifery and Family Nursing. service to the underserved families of voted her life to public service, and her wide- reaching legacy includes her work on behalf Miss Ireland was better able than many to the remote regions around the south- see that such a program could take the Fron- eastern Kentucky town of Hyden. Con- of the Frontier Nursing Service and the Frontier School of Midwifery and Family tier model of care out to the ‘‘wide neighbor- tinuing the work of her grandmother Nursing in Hyden. hoods’’ of mankind, which it is successfully and sister, who also volunteered there, Miss Ireland was born in Cleveland, Ohio, doing as it prepares thousands of nurse-mid- Kate served as a courier by looking in 1930 into a family with a tradition of sup- wives and nurse practitioners to care for after the horses and jeeps used by the porting the vision of Mary Breckinridge. Her families in rural and underserved areas nurse midwives, tending to the milk grandmother was a donor from the beginning across the United States and abroad. Her of the City Committees established to sup- support of distance education continued cows and pigs that were kept by Fron- when, with Mary Breckinridge’s cousin, tier, and packing supplies for the port the demonstration of Frontier’s nursing service to the underserved families living in Marvin Breckinridge Patterson, she estab- nurses for their rounds. lished the first endowed Chair of Midwifery Even early on, Kate’s fearless leader- the remote regions of Southeastern Ken- tucky. Her mother was Chairman of the in the United States, The Mary Breckinridge ship was recognized by her Frontier Cleveland Committee. Kate’s sister served as Chair, to support faculty at the Frontier mentors, as many people looked to her a courier in 1938. School. For support of students, she estab- to make sure things got done and done Miss Ireland served as courier during the lished and endowed the Kate Ireland and correctly. This ‘‘dogged determina- summers of 1951–1954 and as a part-time cou- Kitty Ernst Scholarships to be awarded to tion,’’ as many who knew her described rier from 1959–1960. In her role as a courier, students annually. Her footprints on the fu- Kate looked after the horses and jeeps used ture of Frontier School continue to make a it, is what moved her to volunteer for lasting impact on faculty and students alike. the position of director of volunteers by the FNS nurse-midwives. She also tended to milk cows and pigs kept by FNS and In lieu of flowers, Miss Ireland requested for 14 years. Kate’s no-nonsense, pro- packed supplies for the nurses for their donations be made to one of several named fessional demeanor eventually led her rounds. Mrs. Breckinridge recognized Kate as organizations or to a charity of your choice. to collect numerous other titles, such a leader, and many people looked to her to There are several ways to give to Frontier in as chairman of the Development Com- get things done. She volunteered as Director honor of Miss Ireland: mittee, vice chairman of the board, and of Volunteers for FNS from 1961–1975. For f ultimately the title of national chair- nearly six decades, Miss Ireland lent her ex- ESSENTIAL AIR SERVICE man of the Board of Governors in 1975, pertise, advice, hard work and financial sup- PROGRAM a position she held for 17 years. Re- port to help FNS provide healthcare in Les- lie County and educate nurse-midwives and spectfully, Kate remains the board’s Mr. NELSON of Nebraska. Mr. Presi- nurse practitioners across the globe. In Miss dent, I strongly oppose a provision in- honorary chairman. Ireland’s biography by David Treadwell, Although Kate was an avid traveler ‘‘Full Speed Ahead: with a Twinkle in Her cluded in the FAA Air Transportation with residences in Georgia, Maine and Eye,’’ Kate says of her calling to Frontier Modernization and Safety Improve- Florida, she remained a guiding force that ‘‘going to Kentucky had always been in ment Act that would eliminate the Es- in the Commonwealth for advance- the cards for me.’’ sential Air Service Program at those ments in education and health care for She was well-known in the Leslie County airports boarding 10 passengers or less nearly six decades. Kate lent her exper- community. Miss Ireland, a prominent mem- per day. Essential Air Service, EAS, tise, advice, hard work and financial ber of Cleveland society, felt passionately truly is essential to the communities about her work in Leslie County. Upon re- of Alliance, Chadron and McCook in support to FNS as well as Hyden Citi- turning there in the early ’60s, Miss Ireland zens Bank, the Kentucky River Area built a beautiful home called Willow Bend my home State of Nebraska being im- Development District in which she was overlooking Hurricane Creek and the Middle pacted by this provision. In all, there chairman, and Berea College, where she Fork. Although a world traveler with resi- are 40 rural airports in several States was also chairman and trustee. dences in Georgia and Maine, while serving across the country which would no Kate once said that going to Ken- the people of Leslie County, Miss Ireland pri- longer be a part of the EAS Program if tucky had always been in the cards for marily resided at her home in the commu- this provision is included in any piece her. Well, she couldn’t have been more nity of Wendover with her lifelong friend and of legislation signed into law. right. Because of her generosity and companion, Anne Cundle, a former FNS The adoption of this amendment to nurse-midwife. dedication, countless Kentuckians have While living in Kentucky, Miss Ireland be- the FAA bill is bad for Nebraska and benefited from education and training came involved in local interests such as the bad for rural America. The commu- programs that she loyally supported LKLP and Hyden Citizens Bank and served nities and surrounding areas being and established, such as the Commu- as Chairman of the Kentucky River Area De- served by these airports use them as

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1117 economic development tools and rely the operations of the Federal Govern- ernment with an emphasis of how its on having commercial air service in ment through the remainder of the fis- three branches work and how elected order to stay connected to our Nation’s cal year that included over $60 billion officials work for their constituents transportation network. The many Ne- in spending reductions. Unfortunately, and create policies that impact our Na- braskans who have contacted me about the Senate, which has not passed a sin- tion and the world. The weeklong visit this attempt to cut off EAS funding for gle appropriations bill for fiscal year to Washington, DC, allows students to their rural airports have expressed 2011, once again failed to act on this meet and interact with lawmakers, ap- great concern about how losing EAS bill. And just today, the House passed a pointed officials and staff who are in- support would be devastating to their 2-week continuing resolution that the volved in crafting legislation and mak- communities’ ability to attract em- Senate will pass. It is about time for ing decisions that influence our laws. ployers and create jobs. During a time the Senate to do its most basic job—en- This program brings together some of when our country is starting to see suring the continued operations of the our Nation’s top youth leaders, like glimpses of economic recovery, cutting Federal Government in a fiscally re- Colby, who show a commitment to pub- off EAS support for these airports is sponsible manner. lic service. An outstanding student at not the answer. With government spending at Buffalo Island Central High School, As a supporter of the EAS Program unsustainable levels, it is imperative Colby excels both in and out of the and someone who always considers the that every Member of Congress make classroom. impact any legislation will have on hard choices regarding Federal spend- He previously served as student coun- rural Nebraska, I once again express ing and cut waste, fraud, abuse, and du- cil vice president and treasurer, in ad- my opposition to this provision and plication at every level of government. dition to his activities with the Future will work to see that it is not included f Business Leaders of America as vice in any final legislation authorizing our president and national convention rep- Nation’s aviation programs. ADDITIONAL STATEMENTS resentative. Colby is captain of Quiz f Bowl and all-region MVP; he is presi- TRIBUTE TO MICHAEL SHEPARD dent of the 4–H Club and a member of PAY PROHIBITION the Buffalo Island Youth Council and Mr. COBURN. Mr. President, I rise to ∑ Mr. BOOZMAN. Mr. President, today the Arkansas Teen Leadership Council. voice my concerns regarding S. 388, a I recognize Michael Shepard for his In addition, he participates in many bill to prohibit Members of Congress achievement of being named the Na- community volunteer activities. Colby and the President from receiving pay tional Assistant Principal of the Year plans to attend a top university and as- during government shutdowns. While I for his work at Har-Ber High School in pires to hold public office one day. believe it is important we in Congress Springdale, AR. Colby is very deserving of this honor. lead by example, I am concerned this In his fourth year as an assistant I congratulate him for his determina- bill does not go far enough. Every bill principal at Har-Ber, Michael is con- tion, dedication, and service and en- that Senate moves this Congress tinuously looking for ways to improve courage his growth as a leader.∑ should send a clear message to the educating students. His efforts as the f American taxpayer that we are serious advanced placement coordinator helped about our Nation’s finances, the eco- secure funding for lead AP instructors RECOGNIZING MARSHALL nomic struggles being faced by our fel- for math, English and science. Since UNIVERSITY low citizens across the country, and taking on the role of AP coordinator ∑ Mr. MANCHIN. Mr. President, today the future of this great country. the number of students taking AP I recognize Marshall University, which If we are going to prohibit pay for courses has more than doubled and mi- this week celebrates its 50th year as a Members of Congress and the Presi- nority participation has increased tre- designated ‘‘university.’’ Founded in dent, we must also include members of mendously. Going above and beyond, 1837, Marshall is the oldest public insti- the President’s Cabinet, for example. Michael found funds to expand Har- tution of higher education in the State The bill prohibits retroactive pay for Ber’s technological capabilities, allow- of West Virginia. However, the grant- Members of Congress and the President ing students the use of laptops, wire- ing of university status to the school who would not be paid during a govern- less Internet access, and projection formerly known as Marshall College ment shutdown. This prohibition on units. did not occur until March 2, 1961. retroactive pay should also apply to Michael is committed to educating The change from ‘‘college’’ to ‘‘uni- nonessential Federal Government em- our youth and continues improving his versity’’ was far more than a shift in ployees who would be furloughed dur- skills to help meet the needs of Spring- nomenclature. Marshall’s greatest ing a government shutdown. It is un- dale students. He recently earned a li- champions—including Dr. Stewart H. fair to force hard-working Americans censure endorsement in English as a Smith, president of Marshall from 1946 to pay the salaries of politicians who second language to help meet the needs to 1968; State legislators and the local have failed to do their jobs or govern- of the district’s 8,000 English language community—had to overcome en- ment employees who did not have to learners. trenched beliefs that West Virginia did report to work because they are non- It is the efforts of educators like Mi- not need another large university. essential. chael Shepard that will enable our fu- Marshall’s supporters made a strong It is also my opinion that this legis- ture generations to reach their full po- case for the school, which was growing lation encourages Members of Congress tential and I am proud of his commit- in enrollment as well as offering many to raise the debt ceiling. Clearly Con- ment to education and his efforts to academic programs and advanced de- gress does not need any more incentive improve the lives of students in Arkan- grees. The institution earned ‘‘univer- to borrow and spend money or raise the sas. National Assistant Principal of the sity status,’’ which recognized its role debt ceiling. Since March of 1996 Con- Year is a well-deserved honor and I as an advanced institution of higher gress has raised the debt limit 12 times. congratulate Michael on this recogni- learning in the state, and all of West In 1995, the gross Federal debt was $4.92 tion.∑ Virginia has benefited as a result. trillion. Today, the national debt ex- f Marshall University now educates ceeds $14 trillion. We should not be more than 14,000 students at campus lo- passing legislation incentivizing more TRIBUTE TO COLBY QUALLS cations in Huntington, Point Pleasant, borrowing and debt. If anything, this ∑ Mr. BOOZMAN. Mr. President, today South Charleston, Beckley, Logan and bill should reduce Members’ pay if they I wish to recognize Colby Qualls from Gilbert, offering degrees at the asso- increase the debt limit, not the other Monette, AR, for being selected for par- ciate, baccalaureate, master’s and doc- way around. ticipation in the annual U.S. Senate toral levels. The school boasts 90,000 I am also concerned with the timing Youth Program. proud alumni around the world. and need for this bill. Prior to the Created in 1962, the U.S. Senate For every dollar the State of West Presidents Day recess, the House of Youth Program was organized to en- Virginia invests in Marshall Univer- Representatives passed a bill funding courage an understanding of our gov- sity, the school generates more than

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1118 CONGRESSIONAL RECORD — SENATE March 2, 2011 $20 in economic impact, resulting in sary date. In accordance with this pro- H.R. 662. An act to provide an extension of the generation of $1.5 billion per year vision, I have sent to the Federal Reg- Federal-aid highway, highway safety, motor in economic impact. This figure has ister for publication the enclosed notice carrier safety, transit, and other programs funded out of the Highway Trust Fund pend- tripled since 2005. stating that the national emergency ing enactment of a multiyear law reauthor- Marshall offers 159 majors and 105 de- with respect to the actions and policies izing such programs. grees through its 12 colleges. The of certain members of the Government f school has earned a national reputa- of Zimbabwe and other persons to un- tion for its research in biotechnology, dermine Zimbabwe’s democratic proc- EXECUTIVE AND OTHER forensic science, and medicine, and is esses or institutions is to continue in COMMUNICATIONS currently launching a new School of effect beyond March 6, 2011. The following communications were Pharmacy, which will create good-pay- The crisis constituted by the actions laid before the Senate, together with ing jobs and generate an estimated $150 and policies of certain members of the accompanying papers, reports, and doc- million economic impact. The Robert Government of Zimbabwe and other uments, and were referred as indicated: C. Byrd Institute for Advanced Flexible persons to undermine Zimbabwe’s EC–747. A communication from the Chair- Manufacturing is providing services to democratic processes or institutions man of the Commodity Futures Trading all 55 State counties and expertise to has not been resolved. While some ad- Commission, transmitting, pursuant to law, 5,250 small and medium-sized manufac- vances have been made in Zimbabwe, a report entitled ‘‘Commodity Futures Trad- turers that employ more than 81,000 in- particularly on economic stabilization, ing Commission Strategic Plan Fiscal Years 2011–2015’’; to the Committee on Agriculture, dividuals across West Virginia. Mar- since the signing of the power-sharing Nutrition, and Forestry. shall University’s medical and health agreement, the absence of progress on EC–748. A communication from the Chair- science schools and departments train the most fundamental reforms needed man of the Board of Governors, Federal Re- hundreds of West Virginians to serve as to ensure rule of law and democratic serve System, transmitting, pursuant to law, doctors, nurses, therapists and health governance leaves Zimbabweans vul- the Board’s semiannual Monetary Policy Re- technicians each year. nerable to ongoing repression and pre- port to Congress; to the Committee on Bank- ing, Housing, and Urban Affairs. As your U.S. Senator, it is truly my sents a continuing threat to peace and EC–749. A communication from the Direc- honor to extend my most sincere con- security in the region and the foreign tor, Financial Crimes Enforcement Network, gratulations to Marshall on its 50th an- policy of the United States. Politically Department of the Treasury, transmitting, niversary of becoming a university.∑ motivated violence and intimidation, pursuant to law, the report of a rule entitled ‘‘Amendment to the Bank Secrecy Act Regu- f and the undermining of the power-sharing agreement by elements of the lations—Reports of Foreign Financial Ac- MESSAGES FROM THE PRESIDENT Zimbabwe African National Union-Pa- counts’’ (RIN1506–AB08) received in the Of- fice of the President of the Senate on Feb- Messages from the President of the triotic Front party, continue to be of ruary 28, 2011; to the Committee on Banking, United States were communicated to grave concern. For these reasons, I Housing, and Urban Affairs. the Senate by Mrs. Neiman, one of his have determined that it is necessary to EC–750. A communication from the Chief of secretaries. continue this national emergency and the Publications and Regulations Branch, In- ternal Revenue Service, Department of the f to maintain in force the sanctions to respond to this threat. Treasury, transmitting, pursuant to law, the EXECUTIVE MESSAGES REFERRED The United States welcomes the op- report of a rule entitled ‘‘Section 911 (d)(4)— 2011 Update’’ (Rev. Proc. 2011–20) received in As in executive session the Presiding portunity to modify the targeted sanc- the Office of the President of the Senate on Officer laid before the Senate messages tions regime when blocked persons March 1, 2011; to the Committee on Finance. from the President of the United demonstrate a clear commitment to re- EC–751. A communication from the Chief of States submitting sundry nominations spect the rule of law, democracy, and the Publications and Regulations Branch, In- which were referred to the appropriate human rights. The United States has ternal Revenue Service, Department of the committed to continue its review of Treasury, transmitting, pursuant to law, the committees. report of a rule entitled ‘‘Tax Consequences (The nominations received today are the targeted sanctions list for of Participation in the Housing Finance printed at the end of the Senate pro- Zimbabwe to ensure it remains current Agency (HFA) Hardest Hit Fund and the De- ceedings.) and addresses the concerns for which it partment of Housing and Urban Develop- f was created. We hope that events on ment’s (HUD) Emergency Homeowners’ Loan the ground will allow us to take addi- Program (EHLP)’’ (Notice 2011–14) received CONTINUATION OF THE NATIONAL tional action to recognize progress in in the Office of the President of the Senate EMERGENCY ORIGINALLY DE- Zimbabwe in the future. The goal of a on March 1, 2011; to the Committee on Fi- CLARED IN EXECUTIVE ORDER nance. peaceful, democratic Zimbabwe re- EC–752. A communication from the United 13288 ON MARCH 6, 2003, WITH RE- mains foremost in our consideration of States Trade Representative, Executive Of- SPECT TO THE ACTIONS AND any action. fice of the President, transmitting, pursuant POLICIES OF CERTAIN MEMBERS BARACK OBAMA. to law, the 2011 Trade Policy Agenda and 2010 OF THE GOVERNMENT OF THE WHITE HOUSE, March 2, 2011. Annual Report of the President of the United ZIMBABWE AND OTHER PERSONS f States on the Trade Agreements Program; to TO UNDERMINE ZIMBABWE’S the Committee on Finance. DEMOCRATIC PROCESSES OR IN- MESSAGES FROM THE HOUSE EC–753. A communication from the Inspec- tor General, Department of Health and ENROLLED JOINT RESOLUTION SIGNED STITUTIONS—PM 6 Human Services, transmitting, pursuant to The PRESIDING OFFICER laid be- At 12:51 p.m., a message from the law, a report entitled ‘‘Review of Medicare fore the Senate the following message House of Representatives, delivered by Contractor Information Security Program from the President of the United Mr. Novotny, one of its reading clerks, Evaluations for Fiscal Year 2008’’; to the Committee on Finance. States, together with an accompanying announced that the Speaker has signed the following enrolled joint resolution: EC–754. A communication from the Sec- report; which was referred to the Com- retary of the Federal Trade Commission, mittee on Banking, Housing, and H.J. Res. 44. Joint resolution making fur- transmitting, pursuant to law, a report enti- Urban Affairs: ther continuing appropriations for fiscal tled ‘‘Hart-Scott-Rodino Annual Report: Fis- year 2011, and for other purposes. cal Year 2010’’; to the Committee on the Ju- To the Congress of the United States: The enrolled joint resolution was diciary. Section 202(d) of the National Emer- subsequently signed by the President EC–755. A communication from the Assist- gencies Act (50 U.S.C. 1622(d)) provides pro tempore (Mr. INOUYE). ant Attorney General, Office of Legislative for the automatic termination of a na- Affairs, Department of Justice, transmit- tional emergency unless, prior to the At 5:27 p.m., a message from the ting, pursuant to law, a report on the activi- anniversary date of its declaration, the House of Representatives, delivered by ties of the Community Relations Service for President publishes in the Federal Reg- Mr. Novotny, one of its reading clerks, Fiscal Year 2010; to the Committee on the Judiciary. ister and transmits to the Congress a announced that the House has passed EC–756. A communication from the Assist- notice stating that the emergency is to the following bill, in which it requests ant Secretary, Legislative Affairs, Depart- continue in effect beyond the anniver- the concurrence of the Senate: ment of State, transmitting, pursuant to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1119 law, a report relative to the status of Data Office of Policy, Environmental Protection Committee on Environment and Public Mining Activity in the Department of State; Agency, transmitting, pursuant to law, the Works. to the Committee on the Judiciary. report of a rule entitled ‘‘Standards of Per- EC–774. A communication from the Direc- EC–757. A communication from the Rules formance for New Stationary Sources and tor of the Regulatory Management Division, Administrator, Office of General Counsel, Emission Guidelines for Existing Sources: Office of Policy, Environmental Protection Federal Bureau of Prisons, transmitting, Sewage Sludge Incineration Units’’ (FRL No. Agency, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled 9272–9) received in the Office of the President report of a rule entitled ‘‘Approval and Pro- ‘‘Inmate Furloughs’’ (RIN1120–AB44) received of the Senate on February 28, 2011; to the mulgation of Implementation Plans; Kansas: during adjournment of the Senate in the Of- Committee on Environment and Public Prevention of Significant Deterioration; fice of the President of the Senate on Feb- Works. Greenhouse Gas (GHG) Permitting Authority ruary 18, 2011; to the Committee on the Judi- EC–767. A communication from the Direc- and Tailoring Rule Revision; Withdrawal of ciary. tor of the Regulatory Management Division, Federal GHG Implementation Plan for Kan- EC–758. A communication from the Rules Office of Policy, Environmental Protection sas’’ (FRL No. 9268–7) received in the Office Administrator, Office of General Counsel, Agency, transmitting, pursuant to law, the of the President of the Senate on February Federal Bureau of Prisons, transmitting, report of a rule entitled ‘‘Standards of Per- 17, 2011; to the Committee on Environment pursuant to law, the report of a rule entitled formance for New Stationary Sources and and Public Works. ‘‘Use of Less-Than-Lethal Force: Delega- Emission Guidelines for Existing Sources: EC–775. A communication from the Direc- tion’’ (RIN1120–AB46) received during ad- Commercial and Industrial Solid Waste In- tor of the Regulatory Management Division, journment of the Senate in the Office of the cineration Units’’ (FRL No. 9273–4) received Office of Policy, Environmental Protection President of the Senate on February 18, 2011; in the Office of the President of the Senate Agency, transmitting, pursuant to law, the to the Committee on the Judiciary. on February 28, 2011; to the Committee on report of a rule entitled ‘‘Delegation of Au- EC–759. A communication from the Deputy Environment and Public Works. thority to the States of Iowa; Kansas; Mis- Associate Director for Management and Ad- EC–768. A communication from the Direc- souri; Nebraska; Lincoln-Lancaster County, ministration, Office of National Drug Con- tor of the Regulatory Management Division, NE; and City of Omaha, NE, for New Source trol Policy, Executive Office of the Presi- Office of Policy, Environmental Protection Performance Standards. . . .’’ (FRL No. dent, transmitting, pursuant to law, a report Agency, transmitting, pursuant to law, the 9271–6) received during adjournment of the relative to the vacancy in the position of report of a rule entitled ‘‘Approval and Pro- Senate in the Office of the President of the Deputy Director for Supply Reduction, re- mulgation of Air Quality Implementation Senate on February 25, 2011; to the Com- ceived during adjournment of the Senate in Plans; Texas; Revisions to Control Volatile mittee on Environment and Public Works. the Office of the President of the Senate on Organic Compound Emissions From Con- EC–776. A communication from the Direc- February 23, 2011; to the Committee on the sumer Related Sources’’ (FRL No. 9269–9) re- tor of the Regulatory Management Division, Judiciary. ceived in the Office of the President of the Office of Policy, Environmental Protection EC–760. A communication from the Chief Senate on February 17, 2011; to the Com- Agency, transmitting, pursuant to law, the Human Capital Officer, Small Business Ad- mittee on Environment and Public Works. report of a rule entitled ‘‘National Emission ministration, transmitting, pursuant to law, EC–769. A communication from the Direc- Standards for Hazardous Air Pollutants for a report relative to a vacancy announcement tor of the Regulatory Management Division, Major Sources: Industrial, Commercial, and in the position of Chief Counsel For Advo- Office of Policy, Environmental Protection Institutional Boilers and Process Heat- cacy, received during adjournment of the Agency, transmitting, pursuant to law, the ers. . . .’’ (FRL No. 9272–7) received during Senate in the Office of the President of the report of a rule entitled ‘‘Approval and Pro- adjournment of the Senate in the Office of Senate on February 25, 2011; to the Com- mulgation of the Air Quality Implementa- the President of the Senate on February 25, mittee on Small Business and Entrepreneur- tion Plans; Maryland; Control of Volatile Or- ship. 2011; to the Committee on Environment and EC–761. A communication from the Acting ganic Compound Emissions from Industrial Public Works. Assistant Attorney General, Office of Legis- Solvent Cleaning Operations’’ (FRL No. 9268– EC–777. A communication from the Direc- lative Affairs, Department of Justice, trans- 1) received in the Office of the President of tor of Legislative Affairs, Office of the Direc- mitting, pursuant to law, a report entitled the Senate on February 17, 2011; to the Com- tor of National Intelligence, transmitting, ‘‘Uniformed Services Employment and Re- mittee on Environment and Public Works. pursuant to law, a report relative to a va- employment Rights Act of 1994 (USERRA) EC–770. A communication from the Direc- cancy in the position of Principal Deputy Di- Quarterly Report to Congress; First Quarter tor of the Regulatory Management Division, rector of National Intelligence; to the Select of Fiscal Year 2011’’; to the Committee on Office of Policy, Environmental Protection Committee on Intelligence. Veterans’ Affairs. Agency, transmitting, pursuant to law, the f EC–762. A communication from the Direc- report of a rule entitled ‘‘Approval and Pro- tor of the Regulations Management Office of mulgation of Air Quality Implementation INTRODUCTION OF BILLS AND the General Counsel, Veterans Benefits Ad- Plans; Illinois’’ (FRL No . 9267–8) received in JOINT RESOLUTIONS ministration, Department of Veterans Af- the Office of the President of the Senate on The following bills and joint resolu- fairs, transmitting, pursuant to law, the re- February 17, 2011; to the Committee on Envi- ronment and Public Works. tions were introduced, read the first port of a rule entitled ‘‘Hospital and Out- and second times by unanimous con- patient Care for Veterans released from In- EC–771. A communication from the Direc- carceration to Transitional Housing’’ tor of the Regulatory Management Division, sent, and referred as indicated: (RIN2900–AN41) received in the Office of the Office of Policy, Environmental Protection By Mr. LEVIN (for himself and Mr. President of the Senate on March 1, 2011; to Agency, transmitting, pursuant to law, the LEAHY): the Committee on Veterans’ Affairs. report of a rule entitled ‘‘Designation, Re- S. 430. A bill to modify the naturalization EC–763. A communication from the Under portable Quantities, and Notification; Notifi- requirements related to physical presence in Secretary of Defense (Personnel and Readi- cation Requirements’’ (FRL No. 9268–8) re- the United States for alien translators ness), transmitting, pursuant to law, a received in the Office of the President of the granted special immigrant status, and for port on Reserve component equipment and Senate on February 17, 2011; to the Com- other purposes; to the Committee on the Ju- military construction requirements; to the mittee on Environment and Public Works. diciary. Committee on Armed Services. EC–772. A communication from the Direc- By Mr. PRYOR (for himself and Mr. EC–764. A communication from the Direc- tor of the Regulatory Management Division, BOOZMAN): tor of Defense Procurement and Acquisition Office of Policy, Environmental Protection S. 431. A bill to require the Secretary of Policy, Department of Defense, transmit- Agency, transmitting, pursuant to law, the the Treasury to mint coins in commemora- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Approval and Pro- tion of the 225th anniversary of the estab- titled ‘‘Defense Federal Acquisition Regula- mulgation of Air Quality Implementation lishment of the Nation’s first Federal law en- tion Supplement; Government Support Con- Plans; District of Columbia; Update to Mate- forcement agency, the United States Mar- tractor Access to Technical Data’’ (DFARS rials Incorporated by Reference’’ (FRL No. shals Service; to the Committee on Banking, Case 2009–D031) received in the Office of the 9267–6) received in the Office of the President Housing, and Urban Affairs. President of the Senate on March 2, 2011; to of the Senate on February 17, 2011; to the By Mrs. FEINSTEIN (for herself, Mr. the Committee on Armed Services. Committee on Environment and Public REID, Mrs. BOXER, and Mr. ENSIGN): EC–765. A communication from the Under Works. S. 432. A bill to provide for environmental Secretary of Defense (Acquisition, Tech- EC–773. A communication from the Direc- restoration activities and forest manage- nology and Logistics), transmitting, pursu- tor of the Regulatory Management Division, ment activities in the Lake Tahoe Basin, and ant to law, a report relative to pursuing a Office of Policy, Environmental Protection for other purposes; to the Committee on En- Joint Service Multi-Year Procurement con- Agency, transmitting, pursuant to law, the vironment and Public Works. tract for 352 UH/HH–60M, 140 MH–60R and 62 report of a rule entitled ‘‘Approval and Pro- By Mr. SESSIONS: MH–60S aircraft in the fiscal years 2012 mulgation of Air Quality Implementation S. 433. A bill to extend certain trade pref- through 2016; to the Committee on Armed Plans; Maryland; Amendment to the Defini- erence programs, and for other purposes; to Services. tion of Fuel-Burning Equipment’’ (FRL No. the Committee on Finance. EC–766. A communication from the Direc- 9268–2) received in the Office of the President By Mr. COCHRAN (for himself and Ms. tor of the Regulatory Management Division, of the Senate on February 17, 2011; to the MIKULSKI):

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1120 CONGRESSIONAL RECORD — SENATE March 2, 2011 S. 434. A bill to improve and expand geo- By Mrs. FEINSTEIN: accountable, enhance the capacity of the jus- graphic literacy among kindergarten S. 449. A bill for the relief of Joseph Gabra tice system to investigate, pursue, and pros- through grade 12 students in the United and Sharon Kamel; to the Committee on the ecute elder abuse cases, identify existing re- States by improving professional develop- Judiciary. sources to leverage to the extent possible, ment programs for kindergarten through By Mrs. FEINSTEIN: and assure data collection, research, and grade 12 teachers offered through institu- S. 450. A bill for the relief of Jacqueline W. evaluation to promote the efficacy and effi- tions of higher education; to the Committee Coats; to the Committee on the Judiciary. ciency of the activities described in this Act; on Health, Education, Labor, and Pensions. By Mrs. FEINSTEIN: to the Committee on the Judiciary. By Mr. BURR (for himself, Mr. S. 451. A bill for the relief of Claudia By Mr. BEGICH (for himself, Mr. CAR- JOHANNS, and Mrs. GILLIBRAND): Marquez Rico; to the Committee on the Judi- PER, and Mr. LIEBERMAN): S. 435. A bill to amend the Internal Rev- ciary. S. 463. A bill to amend part B of title II of enue Code of 1986 to increase the exclusion By Mrs. FEINSTEIN: the Elementary and Secondary Education for employer-provided dependent care assist- S. 452. A bill for the relief of Alfredo Act of 1965 to promote effective STEM teach- ance; to the Committee on Finance. Plascencia Lopez and Maria Del Refugio ing and learning; to the Committee on By Mr. SCHUMER (for himself and Plascencia; to the Committee on the Judici- Health, Education, Labor, and Pensions. Mrs. GILLIBRAND): ary. By Mr. KOHL (for himself, Mr. CASEY, S. 436. A bill to ensure that all individuals By Mr. BROWN of Ohio (for himself Mr. BLUMENTHAL, and Mr. BROWN of who should be prohibited from buying a fire- and Mrs. HUTCHISON): Ohio): arm are listed in the national instant crimi- S. 453. A bill to improve the safety of S. 464. A bill to establish a grant program nal background check system and require a motorcoaches, and for other purposes; to the to enhance training and services to prevent background check for every firearm sale; to Committee on Commerce, Science, and abuse in later life; to the Committee on the the Committee on the Judiciary. Transportation. Judiciary. By Mr. NELSON of Florida (for himself By Mr. GRASSLEY: By Mrs. GILLIBRAND (for herself and and Mr. BROWN of Massachusetts): S. 454. A bill to amend titles XVIII and XIX Mr. KOHL): S. 437. A bill to amend the Internal Rev- of the Social Security Act to prevent fraud, S. 465. A bill to prevent mail, tele- enue Code of 1986 to require the Secretary of waste, and abuse under Medicare, Medicaid, marketing, and Internet fraud targeting sen- the Treasury to provide each individual tax- and CHIP, and for other purposes; to the iors in the United States, to promote efforts payer a receipt for an income tax payment Committee on Finance. to increase public awareness of the enormous which itemizes the portion of the payment By Ms. SNOWE (for herself and Mr. impact that mail, telemarketing, and Inter- which is allocable to various Government KERRY): net fraud have on seniors, to educate the spending categories; to the Committee on Fi- S. 455. A bill to promote development and public, seniors, and their families, and their nance. opportunity with regards to spectrum occu- caregivers about how to identify and combat By Ms. STABENOW (for herself, Ms. pancy and use, and for other purposes; to the fraudulent activity, and for other purposes; MURKOWSKI, and Ms. COLLINS): Committee on Commerce, Science, and to the Committee on the Judiciary. S. 438. A bill to amend the Public Health Transportation. By Mr. NELSON of Florida: Service Act to improve women’s health by By Mrs. GILLIBRAND: S. 466. A bill to provide for the restoration prevention, diagnosis, and treatment of S. 456. A bill to amend the Agricultural of legal rights for claimants under holo- heart disease, stroke, and other cardio- Marketing Act of 1946 to require monthly re- caust-era insurance policies; to the Com- vascular diseases in women; to the Com- porting to the Secretary of Agriculture of mittee on the Judiciary. mittee on Health, Education, Labor, and items contained in the cold storage survey f Pensions. and the dairy products survey of the Na- By Mr. THUNE (for himself, Mr. CRAPO, tional Agriculture Statistics; to the Com- SUBMISSION OF CONCURRENT AND Mr. INHOFE, Mr. KIRK, Mr. CHAMBLISS, mittee on Agriculture, Nutrition, and For- SENATE RESOLUTIONS Mr. JOHANNS, and Mr. PORTMAN): estry. The following concurrent resolutions S. 439. A bill to provide for comprehensive By Mrs. GILLIBRAND: budget reform in order to increase trans- S. 457. A bill to allow modified bloc voting and Senate resolutions were read, and parency and reduce the deficit; to the Com- by cooperative associations of milk pro- referred (or acted upon), as indicated: mittee on the Budget. ducers in connection with a referendum on By Mr. CARDIN (for himself and Mr. By Mrs. FEINSTEIN: Federal milk marketing order reform; to the WICKER): S. 440. A bill for the relief of Jose Buendia Committee on Agriculture, Nutrition, and S. Con. Res. 9. A concurrent resolution sup- Balderas, Alicia Aranda De Buendia, and Ana Forestry. porting the goals and ideals of the designa- Laura Buendia Aranda; to the Committee on By Mrs. GILLIBRAND: tion of the year of 2011 as the International the Judiciary. S. 458. A bill to amend the Federal Food, Year for People of African Descent; to the By Mrs. FEINSTEIN: Drug, and Cosmetic Act to establish and en- Committee on the Judiciary. S. 441. A bill for the relief of Esidronio force a maximum somatic cell count require- Arreola-Saucedo, Maria Elna Cobain f ment for fluid milk; to the Committee on Arreola, Nayely Arreola Carlos, and Cindy Health, Education, Labor, and Pensions. ADDITIONAL COSPONSORS Jael Arreola; to the Committee on the Judi- By Mrs. GILLIBRAND: ciary. S. 3 S. 459. A bill to amend the Food, Conserva- By Mrs. FEINSTEIN: At the request of Mr. REID, the name tion, and Energy Act of 2008 to preserve cer- S. 442. A bill for the relief of Robert Liang tain rates for the milk income loss contract of the Senator from South Dakota (Mr. and Alice Liang; to the Committee on the program; to the Committee on Agriculture, JOHNSON) was added as a cosponsor of Judiciary. Nutrition, and Forestry. S. 3, a bill to promote fiscal responsi- By Mrs. FEINSTEIN: S. 443. A bill for the relief of Javier Lopez- By Mr. RISCH (for himself, Mr. bility and control spending. Urenda and Maria Leticia Arenas; to the COBURN, Mr. DEMINT, Mr. LEE, and S. 17 Committee on the Judiciary. Mr. JOHNSON of Wisconsin): At the request of Mr. HATCH, the S. 460. A bill to prohibit the Secretary of By Mrs. FEINSTEIN: name of the Senator from Kansas (Mr. S. 444. A bill for the relief of Shirley Education from promulgating or enforcing regulations or guidance regarding gainful ROBERTS) was added as a cosponsor of Constantino Tan; to the Committee on the S. 17, a bill to repeal the job-killing tax Judiciary. employment; to the Committee on Health, By Mrs. FEINSTEIN: Education, Labor, and Pensions. on medical devices to ensure continued S. 445. A bill for the relief of Jorge Rojas By Mr. LAUTENBERG (for himself, access to life-saving medical devices Gutierrez, Olivia Gonzalez Gonzalez, and Mrs. BOXER, Mr. MENENDEZ, Mrs. for patients and maintain the standing Jorge Rojas Gonzalez; to the Committee on MURRAY, Mrs. FEINSTEIN, Mr. of United States as the world leader in the Judiciary. WHITEHOUSE, Mr. CARDIN, and Mr. medical device innovation. By Mrs. FEINSTEIN: MERKLEY): S. 21 S. 446. A bill for the relief of Ruben S. 461. A bill to amend the Internal Rev- Mkoian, Asmik Karapetian, and Arthur enue Code of 1986 to extend financing of the At the request of Mr. REID, the name Mkoyan; to the Committee on the Judiciary. Superfund; to the Committee on Finance. of the Senator from South Dakota (Mr. By Mrs. FEINSTEIN: By Mr. KOHL (for himself, Mr. CASEY, JOHNSON) was added as a cosponsor of S. 447. A bill for the relief of Jose Alberto Mrs. GILLIBRAND, Mr. BLUMENTHAL, S. 21, a bill to secure the United States Martinez Moreno, Micaela Lopez Martinez, Mr. NELSON of Florida, Ms. MIKULSKI, against cyber attack, to enhance and Adilene Martinez; to the Committee on and Mr. BROWN of Ohio): American competitiveness and create S. 462. A bill to better protect, serve, and the Judiciary. jobs in the information technology in- By Mrs. FEINSTEIN: advance the rights of victims of elder abuse S. 448. A bill for the relief of Shina Ma and exploitation by establishing a program dustry, and to protect the identities ‘‘Steve’’ Li; to the Committee on the Judici- to encourage States and other qualified enti- and sensitive information of American ary. ties to create jobs designed to hold offenders citizens and businesses.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1121 S. 22 cosponsors of S. 359, a bill to amend the AMENDMENT NO. 124 At the request of Mrs. GILLIBRAND, Internal Revenue Code of 1986 to repeal At the request of Mr. MENENDEZ, the the name of the Senator from Con- the expansion of information reporting name of the Senator from Colorado necticut (Mr. BLUMENTHAL) was added requirements to payments made to cor- (Mr. BENNET) was added as a cosponsor as a cosponsor of S. 22, a bill to amend porations, payments for property and of amendment No. 124 proposed to S. 23, the Internal Revenue Code of 1986 to other gross proceeds, and rental prop- a bill to amend title 35, United States permanently extend and expand the ad- erty expense payments, and for other Code, to provide for patent reform. ditional standard deduction for real purposes. AMENDMENT NO. 129 property taxes for nonitemizers. S. 398 At the request of Mr. RISCH, the S. 89 At the request of Mr. BINGAMAN, the name of the Senator from Colorado At the request of Mr. VITTER, the names of the Senator from Alaska (Mr. (Mr. UDALL) was added as a cosponsor name of the Senator from Mississippi BEGICH), the Senator from Massachu- of amendment No. 129 intended to be (Mr. COCHRAN) was added as a cospon- setts (Mr. KERRY) and the Senator from proposed to S. 23, a bill to amend title sor of S. 89, a bill to repeal the imposi- Minnesota (Ms. KLOBUCHAR) were added 35, United States Code, to provide for tion of withholding on certain pay- as cosponsors of S. 398, a bill to amend patent reform. ments made to vendors by government the Energy Policy and Conservation AMENDMENT NO. 130 entities. Act to improve energy efficiency of At the request of Mr. RISCH, the S. 163 certain appliances and equipment, and names of the Senator from Colorado At the request of Mr. TOOMEY, the for other purposes. (Mr. UDALL) and the Senator from name of the Senator from Utah (Mr. S. 425 Idaho (Mr. CRAPO) were added as co- HATCH) was added as a cosponsor of S. At the request of Mr. UDALL of Colo- sponsors of amendment No. 130 in- 163, a bill to require that the Govern- rado, the name of the Senator from tended to be proposed to S. 23, a bill to ment prioritize all obligations on the North Carolina (Mrs. HAGAN) was added amend title 35, United States Code, to debt held by the public in the event as a cosponsor of S. 425, a bill to amend provide for patent reform. that the debt limit is reached. the Public Health Service Act to pro- f S. 228 vide for the establishment of perma- STATEMENTS ON INTRODUCED At the request of Mr. BARRASSO, the nent national surveillance systems for BILLS AND JOINT RESOLUTIONS multiple sclerosis, Parkinson’s disease, name of the Senator from Georgia (Mr. By Mrs. FEINSTEIN (for herself, CHAMBLISS) was added as a cosponsor of and other neurological diseases and Mr. REID, Mrs. BOXER, and Mr. S. 228, a bill to preempt regulation of, disorders. ENSIGN): action relating to, or consideration of S.J. RES. 3 S. 432. A bill to provide for environ- greenhouse gases under Federal and At the request of Mr. HATCH, the mental restoration activities and for- common law on enactment of a Federal name of the Senator from Arkansas est management activities in the Lake policy to mitigate climate change. (Mr. BOOZMAN) was added as a cospon- Tahoe Basin, and for other purposes; to S. 239 sor of S.J. Res. 3, a joint resolution the Committee on Environment and At the request of Ms. KLOBUCHAR, the proposing an amendment to the Con- Public Works. name of the Senator from Tennessee stitution of the United States relative Mrs. FEINSTEIN. Mr. President, I (Mr. ALEXANDER) was added as a co- to balancing the budget. rise today to discuss the need to re- sponsor of S. 239, a bill to support inno- S.J. RES. 5 store and protect Lake Tahoe. Lake vation, and for other purposes. At the request of Mr. LEE, the name Tahoe is a national treasure. Her al- S. 248 of the Senator from Iowa (Mr. GRASS- pine beauty has drawn and inspired At the request of Mr. WYDEN, the LEY) was added as a cosponsor of S.J. people for centuries: artists and poets, name of the Senator from West Vir- Res. 5, a joint resolution proposing an John Muir and Mark Twain, and mil- ginia (Mr. MANCHIN) was added as a co- amendment to the Constitution of the lions of visitors from around the world. sponsor of S. 248, a bill to allow an ear- United States requiring that the Fed- As a girl, I went to Lake Tahoe to lier start for State health care cov- eral budget be balanced. ride horses through the woods, bike erage innovation waivers under the Pa- S. CON. RES. 4 around the magnificent Basin and tient Protection and Affordable Care At the request of Mr. SCHUMER, the swim in the clear blue waters. Act. name of the Senator from Minnesota Today, I am proud to work with rep- S. 274 (Ms. KLOBUCHAR) was added as a co- resentatives from different ends of the political spectrum to restore Lake At the request of Mrs. HAGAN, the sponsor of S. Con. Res. 4, a concurrent name of the Senator from Oregon (Mr. resolution expressing the sense of Con- Tahoe to that pristine State. For 14 years, we have come together to Keep WYDEN) was added as a cosponsor of S. gress that an appropriate site on Chap- 274, a bill to amend title XVIII of the lains Hill in Arlington National Ceme- Tahoe Blue. Social Security Act to expand access to tery should be provided for a memorial That is why today I am reintroducing medication therapy management serv- marker to honor the memory of the the Lake Tahoe Restoration Act of ices under the Medicare prescription Jewish chaplains who died while on ac- 2011, which is cosponsored by Senators drug program. tive duty in the Armed Forces of the HARRY REID, JOHN ENSIGN and BARBARA United States. BOXER. S. 328 It would authorize $415 million over At the request of Mr. BROWN of Ohio, S. CON. RES. 7 10 years to improve water clarity, re- the names of the Senator from Mary- At the request of Mr. BARRASSO, the duce risk of catastrophic wildfire, and land (Mr. CARDIN), the Senator from names of the Senator from Mississippi restore the environment. Connecticut (Mr. BLUMENTHAL) and the (Mr. COCHRAN), the Senator from Con- Specifically, it would provide $248 Senator from Vermont (Mr. SANDERS) necticut (Mr. LIEBERMAN), the Senator million over 10 years for the highest were added as cosponsors of S. 328, a from Idaho (Mr. CRAPO) and the Sen- priority restoration projects, as estab- bill to amend title VII of the Tariff Act ator from Louisiana (Mr. VITTER) were lished using scientific data. The legis- of 1930 to clarify that countervailing added as cosponsors of S. Con. Res. 7, a lation authorizes at least $72 million duties may be imposed to address sub- concurrent resolution supporting the for stormwater management and wa- sidies relating to fundamentally under- Local Radio Freedom Act. tershed restoration projects scientif- valued currency of any foreign coun- AMENDMENT NO. 115 ically determined to be the most effec- try. At the request of Mr. LEE, the name tive ways to improve water clarity. S. 359 of the Senator from West Virginia (Mr. This bill also requires prioritized At the request of Mr. JOHANNS, the MANCHIN) was added as a cosponsor of ranking of environmental restoration names of the Senator from Indiana amendment No. 115 proposed to S. 23, a projects and authorizes $136 million for (Mr. COATS) and the Senator from Mis- bill to amend title 35, United States State and local agencies to implement sissippi (Mr. COCHRAN) were added as Code, to provide for patent reform. these projects.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1122 CONGRESSIONAL RECORD — SENATE March 2, 2011 Now, and this is an important point, mats were very effective at killing the ducting best management practices for this legislation would direct invest- clams. And scientists have also discov- water quality, and preventing the in- ment to where it is needed most. ered how to decontaminate boats and troduction and proliferation of invasive For example, today we know the kill quagga mussels. species. major sources of stormwater runoff We can fight off these invaders. But In addition, the legislation requires that send sedimentation into the lake, it will require drive and imagination— signage on federally financed projects degrading water clarity. and the help authorized within this to improve public awareness of restora- So the monies would go to specific bill. tion efforts. projects addressing California state The bill supports reintroduction of The bill allows for increased effi- roads, source of 23 percent of urban the Lahontan Cutthroat Trout. The ciency in the management of public particle loads; the city of South Lake legislation authorizes $20 million over land. Under this legislation, the Forest Tahoe, Calif., 22 percent; Washoe Coun- 10 years for the Lahontan Cutthroat Service would have increased flexi- ty, Nevada, 17 percent; and so forth. Trout Recovery Plan. The Lahontan bility to exchange land with state In this bill, these stormwater Cutthroat Trout is an iconic species agencies which will allow for more projects are targeted to the areas of that has an important legacy in Lake cost-efficient management of public greatest concern. Priority projects will Tahoe. land. There is currently a checkerboard improve water quality, forest health, When John C. Fremont first explored pattern of ownership in some areas of air quality and fish and wildlife habitat the Truckee River in January of 1844, the Basin. around Lake Tahoe. In addition, he called it the Salmon Trout River be- Under this new authority, the Forest projects that benefit low-income neigh- cause he found the Pyramid Lake Service could exchange land with the borhoods are encouraged. Lahontan Cutthroat Trout. The trout California Tahoe Conservancy of ap- The bill authorizes $136 million over relied on the Truckee River and its proximately equal value without going 10 years to reduce the threat of wildfire tributaries for their spawning runs in through a lengthy process to assess the around Lake Tahoe. This would finance spring, traveling up the entire river’s land. For example, if there are several hazardous fuels reduction projects, at length as far as Lake Tahoe and plots of Forest Service land that sur- $17 million per year, including grants Donner Lake, where they used the cool, round or are adjacent to Tahoe Conser- to local fire agencies. pristine waters and clean gravel beds vancy land, the Tahoe Conservancy It provides the Forest Service up to to lay their eggs. But dams, pollution could transfer that land to the Forest $10 million for fuels projects that have and overfishing caused the demise of Service so that it can be managed more multiple environmental benefits, with the Lahontan Cutthroat Trout. an emphasis in restoring Stream Envi- efficiently. Lake Tahoe is one of 11 historic lakes This legislation is needed because the ronment Zones. where Lahontan Cutthroat Trout flour- ‘‘Jewel of the Sierra’’ is in big trouble. This is critical because, again, these ished in the past, and it’s a critical If we don’t act now, we could lose Lake streams feed into the lake and form a part of the strategy to recover the spe- Tahoe—and lose it with stunning critical link in the ecosystem. We need cies. speed—as climate change increases in to pay attention to these stream zones The bills funds scientific research. severity. if we hope to restore water clarity. The legislation authorizes $30 million The effects of climate change on The bill protects Lake Tahoe from over 10 years for scientific programs Lake Tahoe are already visible. It is the threat of quagga mussels and other and research which will produce infor- making the basin dry and tinder-hot, invasive aquatic species. Quagga mus- mation on long-term trends in the increasing the risks of catastrophic sels pose a very serious threat to Lake Basin and inform the most cost-effec- wildfire. Daily air temperatures have Tahoe, a threat made more intractable tive projects. increased 4 degrees since 1911. Snowfall because these mussels have been shown The bill prohibiting mining oper- has declined from an average of 52 per- to survive in cold waters. A few years ations in the Tahoe Basin. The legisla- cent of overall precipitation in 1910 to ago University of California scientists tion would prohibit new mining oper- just 34 percent in recent years. reported that they found up to 3,000 ations in the Basin, ensuring that the Climate change has raised Lake Asian clams per square meter at spots fragile watershed, and Lake Tahoe’s Tahoe’s water temperature 1.5 degrees between Zephyr Point and Elk Point in water clarity, are not threatened by in 38 years. That means the cyclical Lake Tahoe. The spreading Asian clam pollution from mining operations. deep-water mixing of the lake’s waters population could put sharp shells and The bill increases accountability and will occur less frequently, and this rotting algae on the Lake’s beaches oversight. Every project funded by this could significantly disrupt Lake and contribute to the spread other legislation will have monitoring and Tahoe’s ecosystem. invasive species such as quagga mus- assessment to determine the most cost- Anyone doubting that climate sels. effective projects and best manage- change poses a considerable threat to The bill would authorize $20.5 million ment practices for future projects. Lake Tahoe should read an alarming for watercraft inspections and removal The legislation also requires the recent report by the UC Davis Tahoe of existing invasive species. It would Chair of the Federal Partnership to Environmental Research Center. require all watercraft to be inspected work with the Forest Service, Environ- It was written for the U.S. Forest and decontaminated. mental Protection Agency, Fish and Service by scientists who have devoted One quagga or zebra mussel can lay 1 Wildlife Service and regional and state their professional careers to studying million eggs in a year. This means that agencies, to prepare an annual report Lake Tahoe. And it paints a distinctly a single boat carrying quagga could to Congress detailing the status of all bleak picture of the future for the devastate the lake’s biology, local in- projects undertaken, including project ‘‘Jewel of the Sierra.’’ frastructure, and the local economy. scope, budget and justification and Among its findings: The Tahoe Ba- The damage that could be inflicted at overall expenditures and accomplish- sin’s regional snowpack could decline Lake Tahoe by a quagga infestation ments. by as much as 60 percent in the next has been estimated at tens of millions This will ensure that Congress can century, with increased floods likely of dollars annually. The threat to Lake have oversight on the progress of envi- by 2050 and prolonged droughts by 2100. Tahoe cannot be overstated. There ronmental restoration in Lake Tahoe. Even ‘‘under the most optimistic pro- were no quagga mussels in Lake Mead The bill provides for public outreach jections,’’ average snowpack in the Si- 4 years ago. Today there are more than and education. The Forest Service, En- erra Nevada around Tahoe will decline 3 trillion. The infestation is probably vironmental Protection Agency, Fish by 40 to 60 percent by 2100, according to irreversible. and Wildlife Service and Tahoe Re- the report. But there is some good news. Last gional Planning Agency will imple- This would bankrupt Tahoe’s ski in- summer, scientists placed long rubber ment new public outreach and edu- dustry, threaten the water supply of mats across the bottom of Lake Tahoe cation programs including: encour- Reno and other communities, and de- to cut off the oxygen to the Asian aging Basin residents and visitors to grade the lake’s fabled water clarity. It clams. Early research suggests these implement defensible space, con- would be devastating.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1123 Pollution and sedimentation have ‘‘(C) is recognized nationally and world- ‘‘(i) the enactment in 1969 of Public Law threatened Lake Tahoe’s water clarity wide as a natural resource of special signifi- 91–148 (83 Stat. 360); and for years. In 1968, the first year UC cance; ‘‘(ii) the enactment in 1980 of Public Law ‘‘(2) in addition to being a scenic and eco- 96–551 (94 Stat. 3233); Davis scientists measured clarity, the logical treasure, the Lake Tahoe Basin is 1 of ‘‘(B) the establishment of the Lake Tahoe lake had an average depth of 102.4 feet. the outstanding recreational resources of the Basin Management Unit in 1973; Clarity declined over the next 3 dec- United States, which— ‘‘(C) the enactment of Public Law 96–586 (94 ades, hitting a low of 64 feet in 1997. ‘‘(A) offers skiing, water sports, biking, Stat. 3381) in 1980 to provide for the acquisi- There has been some improvement camping, and hiking to millions of visitors tion of environmentally sensitive land and this decade. This year scientists re- each year; and erosion control grants in the Lake Tahoe corded average clarity at 69.6 feet— ‘‘(B) contributes significantly to the econo- Basin; roughly within the range of the past mies of California, Nevada, and the United ‘‘(D) the enactment of sections 341 and 342 States; of the Department of the Interior and Re- eight years. But it is a fragile gain. ‘‘(3) the economy in the Lake Tahoe Basin lated Agencies Appropriations Act, 2004 The University of California Davis is dependent on the protection and restora- (Public Law 108–108; 117 Stat. 1317), which report has determined that an all-out tion of the natural beauty and recreation op- amended the Southern Nevada Public Land attack on pollution and sedimentation portunities in the area; Management Act of 1998 (Public Law 105–263; is the lake’s last hope. ‘‘(4) the Lake Tahoe Basin continues to be 112 Stat. 2346) to provide payments for the Geoff Schladow, director of the UC threatened by the impacts of land use and environmental restoration projects under Davis Tahoe Environmental Research transportation patterns developed in the last this Act; and century that damage the fragile watershed of ‘‘(E) the enactment of section 382 of the Center and one of the report’s authors, the Basin; Tax Relief and Health Care Act of 2006 (Pub- has highlighted the need to restore ‘‘(5) the water clarity of Lake Tahoe de- lic Law 109–432; 120 Stat. 3045), which amend- short-term water quality in Lake clined from a visibility level of 105 feet in ed the Southern Nevada Public Land Man- Tahoe—while there’s still time to do it. 1967 to only 70 feet in 2008; agement Act of 1998 (Public Law 105–263; 112 According to the report, ‘‘reducing ‘‘(6) the rate of decline in water clarity of Stat. 2346) to authorize development and im- the load of external nutrients entering Lake Tahoe has decreased in recent years; plementation of a comprehensive 10-year the lake in the coming decades may be ‘‘(7) a stable water clarity level for Lake hazardous fuels and fire prevention plan for the only possible mitigation measure Tahoe could be achieved through feasible the Lake Tahoe Basin; control measures for very fine sediment par- ‘‘(17) the Assistant Secretary of the Army to reduce the impact of climate change ticles and nutrients; for Civil Works was an original signatory in on lake clarity.’’ In other words, the ‘‘(8) fine sediments that cloud Lake Tahoe, 1997 to the Agreement of Federal Depart- sediment and runoff entering the lake and key nutrients such as phosphorus and ni- ments on Protection of the Environment and could fuel algal growth, creating a trogen that support the growth of algae and Economic Health of the Lake Tahoe Basin; downward spiral in water quality and invasive plants, continue to flow into the ‘‘(18) the Chief of Engineers, under direc- clarity. lake from stormwater runoff from developed tion from the Assistant Secretary of the The Lake Tahoe Restoration Act of areas, roads, turf, other disturbed land, and Army for Civil Works, has continued to be a streams; significant contributor to Lake Tahoe Basin 2011 would directly fund efforts to ad- ‘‘(9) the destruction and alteration of wet- restoration, including— dress water clarity issues and impacts land, wet meadows, and stream zone habitat ‘‘(A) stream and wetland restoration; from climate change. have compromised the natural capacity of ‘‘(B) urban stormwater conveyance and Last year, the Lake Tahoe Restora- the watershed to filter sediment, nutrients, treatment; and tion Act of 2010 passed the Senate En- and pollutants before reaching Lake Tahoe; ‘‘(C) programmatic technical assistance; vironment and Public Works Com- ‘‘(10) approximately 25 percent of the trees ‘‘(19) at the Lake Tahoe Presidential mittee unanimously, but there was not in the Lake Tahoe Basin are either dead or Forum in 1997, the President renewed the dying; commitment of the Federal Government to enough time for a floor vote. It is my ‘‘(11) forests in the Tahoe Basin suffer from Lake Tahoe by— hope that this legislation can be passed over a century of fire suppression and peri- ‘‘(A) committing to increased Federal re- early in the legislative session. odic drought, which have resulted in— sources for environmental restoration at A lot of good work has been done. ‘‘(A) high tree density and mortality; Lake Tahoe; and But there’s a lot more work to do, and ‘‘(B) the loss of biological diversity; and ‘‘(B) establishing the Federal Interagency time is running out. ‘‘(C) a large quantity of combustible forest Partnership and Federal Advisory Com- Mark Twain called Lake Tahoe ‘‘the fuels, which significantly increases the mittee to consult on natural resources issues fairest picture the whole world af- threat of catastrophic fire and insect infesta- concerning the Lake Tahoe Basin; tion; ‘‘(20) at the 2008 and 2009 Lake Tahoe Fo- fords.’’ We must not be the generation ‘‘(12) the establishment of several aquatic rums, Senator Reid, Senator Feinstein, Sen- who lets this picture fall into ruin. We and terrestrial invasive species (including ator Ensign, and Governor Gibbons— must rise to the challenge, and do all bass, milfoil, and Asian clam) threatens the ‘‘(A) renewed their commitment to Lake we can to preserve this ‘‘noble sheet of ecosystem of the Lake Tahoe Basin; Tahoe; and water.’’ ‘‘(13) there is an ongoing threat to the ‘‘(B) expressed their desire to fund the Fed- Mr. President, I ask unanimous con- Lake Tahoe Basin of the introduction and es- eral share of the Environmental Improve- sent that the text of the bill be printed tablishment of other invasive species (such ment Program through 2018; as the zebra mussel, New Zealand mud snail, ‘‘(21) since 1997, the Federal Government, in the RECORD. and quagga mussel); the States of California and Nevada, units of There being no objection, the text of ‘‘(14) the report prepared by the University local government, and the private sector the bill was ordered to be printed in of California, Davis, entitled the ‘State of have contributed more than $1,430,000,000 to the RECORD, as follows: the Lake Report’, found that conditions in the Lake Tahoe Basin, including— S. 432 the Lake Tahoe Basin had changed, includ- ‘‘(A) $424,000,000 from the Federal Govern- Be it enacted by the Senate and House of Rep- ing— ment; resentatives of the United States of America in ‘‘(A) the average surface water tempera- ‘‘(B) $612,000,000 from the State of Cali- Congress assembled, ture of Lake Tahoe has risen by more than fornia; 1.5 degrees Fahrenheit in the past 37 years; ‘‘(C) $87,000,000 from the State of Nevada; SECTION 1. SHORT TITLE. and ‘‘(D) $59,000,000 from units of local govern- This Act may be cited as the ‘‘Lake Tahoe ‘‘(B) since 1910, the percent of precipitation ment; and Restoration Act of 2011’’. that has fallen as snow in the Lake Tahoe ‘‘(E) $249,000,000 from private interests; SEC. 2. FINDINGS AND PURPOSES. Basin decreased from 52 percent to 34 per- ‘‘(22) significant additional investment The Lake Tahoe Restoration Act (Public cent; from Federal, State, local, and private Law 106–506; 114 Stat. 2351) is amended by ‘‘(15) 75 percent of the land in the Lake sources is necessary— striking section 2 and inserting the fol- Tahoe Basin is owned by the Federal Govern- ‘‘(A) to restore and sustain the environ- lowing: ment, which makes it a Federal responsi- mental health of the Lake Tahoe Basin; ‘‘SEC. 2. FINDINGS AND PURPOSES. bility to restore environmental health to the ‘‘(B) to adapt to the impacts of changing ‘‘(a) FINDINGS.—Congress finds that— Basin; climatic conditions; and ‘‘(1) Lake Tahoe— ‘‘(16) the Federal Government has a long ‘‘(C) to protect the Lake Tahoe Basin from ‘‘(A) is 1 of the largest, deepest, and clear- history of environmental preservation at the introduction and establishment of est lakes in the world; Lake Tahoe, including— invasive species; and ‘‘(B) has a cobalt blue color, a biologically ‘‘(A) congressional consent to the estab- ‘‘(23) the Secretary has indicated that the diverse alpine setting, and remarkable water lishment of the Tahoe Regional Planning Lake Tahoe Basin Management Unit has the clarity; and Agency with— capacity for at least $10,000,000 and up to

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$20,000,000 annually for the Fire Risk Reduc- ‘‘(C) road decommissioning or reconstruc- ‘‘(A) IN GENERAL.—In conducting forest tion and Forest Management Program. tion; management activities in the Lake Tahoe ‘‘(b) PURPOSES.—The purposes of this Act ‘‘(D) stream environment zone restoration Basin Management Unit, the Secretary shall, are— and other watershed and wildlife habitat en- as appropriate, coordinate with the Adminis- ‘‘(1) to enable the Chief of the Forest Serv- hancements; trator and State and local agencies and orga- ice, the Director of the United States Fish ‘‘(E) nonnative invasive species manage- nizations, including local fire departments and Wildlife Service, and the Administrator ment; and and volunteer groups. of the Environmental Protection Agency, in ‘‘(F) other activities consistent with For- ‘‘(B) GOALS.—The coordination of activi- cooperation with the Planning Agency and est Service practices, as the Secretary deter- ties under subparagraph (A) should aim to the States of California and Nevada, to fund, mines to be appropriate. increase efficiencies and maximize the com- plan, and implement significant new envi- ‘‘(10) NATIONAL WILDLAND FIRE CODE.—The patibility of management practices across ronmental restoration activities and forest term ‘national wildland fire code’ means— public property boundaries. management activities to address in the ‘‘(A) the most recent publication of the Na- ‘‘(2) MULTIPLE BENEFITS.— Lake Tahoe Basin the issues described in tional Fire Protection Association codes ‘‘(A) IN GENERAL.—In conducting forest paragraphs (4) through (14) of subsection (a); numbered 1141, 1142, 1143, and 1144; management activities in the Lake Tahoe ‘‘(2) to ensure that Federal, State, local, ‘‘(B) the most recent publication of the Basin Management Unit, the Secretary shall regional, tribal, and private entities con- International Wildland-Urban Interface Code conduct the activities in a manner that— tinue to work together to manage land in of the International Code Council; or ‘‘(i) except as provided in subparagraph (B), the Lake Tahoe Basin and to coordinate on ‘‘(C) any other code that the Secretary de- attains multiple ecosystem benefits, includ- other activities in a manner that supports termines provides the same, or better, standing— achievement and maintenance of— ards for protection against wildland fire as a ‘‘(I) reducing forest fuels; ‘‘(A) the environmental threshold carrying code described in subparagraph (A) or (B). ‘‘(II) maintaining or restoring biological capacities for the region; and ‘‘(11) PLANNING AGENCY.—The term ‘Plan- diversity; ‘‘(B) other applicable environmental stand- ning Agency’ means the Tahoe Regional ‘‘(III) improving wetland and water qual- ards and objectives; Planning Agency established under Public ity, including in Stream Environment Zones; ‘‘(3) to support local governments in efforts Law 91–148 (83 Stat. 360) and Public Law 96– and related to environmental restoration, 551 (94 Stat. 3233). ‘‘(IV) increasing resilience to changing cli- stormwater pollution control, fire risk re- ‘‘(12) PRIORITY LIST.—The term ‘Priority matic conditions; and duction, and forest management activities; List’ means the environmental restoration ‘‘(ii) helps achieve and maintain the envi- and priority list developed under section 8. ronmental threshold carrying capacities es- ‘‘(4) to ensure that agency and science ‘‘(13) SECRETARY.—The term ‘Secretary’ tablished by the Planning Agency. community representatives in the Lake means the Secretary of Agriculture, acting ‘‘(B) EXCEPTION.—Notwithstanding clause Tahoe Basin work together— through the Chief of the Forest Service. (A)(i), the attainment of multiple ecosystem ‘‘(A) to develop and implement a plan for ‘‘(14) TOTAL MAXIMUM DAILY LOAD.—The benefits shall not be required if the Sec- integrated monitoring, assessment, and ap- term ‘total maximum daily load’ means the retary determines that management for mul- plied research to evaluate the effectiveness total maximum daily load allocations adopt- tiple ecosystem benefits would excessively of the Environmental Improvement Pro- ed under section 303(d) of the Federal Water increase the cost of a project in relation to gram; and Pollution Control Act (33 U.S.C. 1313(d)). the additional ecosystem benefits gained ‘‘(B) to provide objective information as a ‘‘(15) STREAM ENVIRONMENT ZONE.—The from the management activity. basis for ongoing decisionmaking, with an term ‘Stream Environment Zone’ means an ‘‘(3) GROUND DISTURBANCE.—Consistent emphasis on decisionmaking relating to pub- area that generally owes the biological and with applicable Federal law and Lake Tahoe lic and private land use and resource man- physical characteristics of the area to the Basin Management Unit land and resource agement in the Basin.’’. presence of surface water or groundwater. management plan direction, the Secretary ‘‘(16) WATERCRAFT.—The term ‘watercraft’ SEC. 3. DEFINITIONS. shall— The Lake Tahoe Restoration Act (Public means motorized and non-motorized ‘‘(A) establish post-project ground condi- Law 106–506; 114 Stat. 2351) is amended by watercraft, including boats, personal tion criteria for ground disturbance caused striking section 3 and inserting the fol- watercraft, kayaks, and canoes.’’. by forest management activities; and lowing: SEC. 4. ADMINISTRATION OF THE LAKE TAHOE ‘‘(B) provide for monitoring to ascertain BASIN MANAGEMENT UNIT. ‘‘SEC. 3. DEFINITIONS. the attainment of the post-project condi- ‘‘In this Act: Section 4 of the Lake Tahoe Restoration tions. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- Act (Public Law 106–506; 114 Stat. 2353) is trator’ means the Administrator of the Envi- amended— ‘‘(e) WITHDRAWAL OF FEDERAL LAND.— ronmental Protection Agency. (1) in subsection (b)(3), by striking ‘‘basin’’ ‘‘(1) IN GENERAL.—Subject to valid existing ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- and inserting ‘‘Basin’’; and rights and paragraphs (2) and (3), the Federal sistant Secretary’ means the Assistant Sec- (2) by adding at the end the following: land located in the Lake Tahoe Basin Man- retary of the Army for Civil Works. ‘‘(c) TRANSIT.— agement Unit is withdrawn from— ‘‘(3) CHAIR.—The term ‘Chair’ means the ‘‘(1) IN GENERAL.—The Lake Tahoe Basin ‘‘(A) all forms of entry, appropriation, or Chair of the Federal Partnership. Management Unit shall, consistent with the disposal under the public land laws; ‘‘(4) COMPACT.—The term ‘Compact’ means regional transportation plan adopted by the ‘‘(B) location, entry, and patent under the the Tahoe Regional Planning Compact in- Planning Agency, manage vehicular parking mining laws; and cluded in the first section of Public Law 96– and traffic in the Lake Tahoe Basin Manage- ‘‘(C) disposition under all laws relating to 551 (94 Stat. 3233). ment Unit, with priority given— mineral and geothermal leasing. ‘‘(5) DIRECTOR.—The term ‘Director’ means ‘‘(A) to improving public access to the ‘‘(2) DETERMINATION.— the Director of the United States Fish and Lake Tahoe Basin, including the ‘‘(A) IN GENERAL.—The withdrawal under Wildlife Service. prioritization of alternatives to the private paragraph (1) shall be in effect until the date ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- automobile, consistent with the require- on which the Secretary, after conducting a GRAM.—The term ‘Environmental Improve- ments of the Compact; review of all Federal land in the Lake Tahoe ment Program’ means— ‘‘(B) to coordinating with the Nevada De- Basin Management Unit and receiving public ‘‘(A) the Environmental Improvement Pro- partment of Transportation, Caltrans, State input, has made a determination on which gram adopted by the Planning Agency; and parks, and other entities along Nevada High- parcels of Federal land should remain with- ‘‘(B) any amendments to the Program. way 28 and California Highway 89; and drawn. ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(C) to providing support and assistance to ‘‘(B) REQUIREMENTS.—The determination of CAPACITY.—The term ‘environmental thresh- local public transit systems in the manage- the Secretary under subparagraph (A)— old carrying capacity’ has the meaning given ment and operations of activities under this ‘‘(i) shall be effective beginning on the date the term in article II of the compact. subsection. on which the determination is issued; ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘‘(2) NATIONAL FOREST TRANSIT PROGRAM.— ‘‘(ii) may be altered by the Secretary as ‘Federal Partnership’ means the Lake Tahoe Consistent with the support and assistance the Secretary determines to be necessary; Federal Interagency Partnership established provided under paragraph (1)(C), the Sec- and by Executive Order 13957 (62 Fed. Reg. 41249) retary, in consultation with the Secretary of ‘‘(iii) shall not be subject to administrative (or a successor Executive order). Transportation, may enter into a contract, renewal. ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The cooperative agreement, interagency agree- ‘‘(3) EXCEPTIONS.—A land exchange shall be term ‘forest management activity’ in- ment, or other agreement with the Depart- exempt from withdrawal under this sub- cludes— ment of Transportation to secure operating section if carried out under— ‘‘(A) prescribed burning for ecosystem and capital funds from the National Forest ‘‘(A) the Lake Tahoe Restoration Act (Pub- health and hazardous fuels reduction; Transit Program. lic Law 106–506; 114 Stat. 2351); or ‘‘(B) mechanical and minimum tool treat- ‘‘(d) FOREST MANAGEMENT ACTIVITIES.— ‘‘(B) the Santini-Burton Act (Public Law ment; ‘‘(1) COORDINATION.— 96–586; 94 Stat. 3381).

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‘‘(f) ENVIRONMENTAL THRESHOLD CARRYING with the program developed under section 11; ‘‘(C) MINIMUM ALLOCATION.—Of the CAPACITY.—The Lake Tahoe Basin Manage- and amounts made available to carry out sub- ment Unit shall support the attainment of ‘‘(2) use the integrated multiagency per- paragraph (A), at least $80,000,000 shall be the environmental threshold carrying capac- formance measures established under that made available to the Secretary for projects ities. section. under subparagraph (A)(i). ‘‘(g) COOPERATIVE AUTHORITIES.— ‘‘(c) DESCRIPTION OF ACTIVITIES.— ‘‘(D) PRIORITY.—Units of local government ‘‘(1) IN GENERAL.—During the 4 fiscal years ‘‘(1) STORMWATER MANAGEMENT, EROSION that have dedicated funding for inspections following the date of enactment of the Lake CONTROL, AND TOTAL MAXIMUM DAILY LOAD IM- and enforcement of defensible space regula- Tahoe Restoration Act of 2011, the Sec- PLEMENTATION.—Of the amounts made avail- tions shall be given priority for amounts pro- retary, in conjunction with land adjustment able under section 18(a), $40,000,000 shall be vided under this paragraph. projects or programs, may enter into con- made available for grants by the Adminis- ‘‘(E) COST-SHARING REQUIREMENTS.— tracts and cooperative agreements with trator for the Federal share of the following ‘‘(i) IN GENERAL.—As a condition on the re- States, units of local government, and other projects: ceipt of funds, communities or local fire dis- public and private entities to provide for fuel ‘‘(A) Bijou Stormwater Improvement tricts that receive funds under this para- reduction, erosion control, reforestation, Project in the City of South Lake Tahoe, graph shall provide a 25 percent match. Stream Environment Zone restoration, and California. ‘‘(ii) FORM OF NON-FEDERAL SHARE.— similar management activities on Federal ‘‘(B) Christmas Valley Stormwater Im- ‘‘(I) IN GENERAL.—The non-Federal share land and non-Federal land within the provement Project in El Dorado County, required under clause (i) may be in the form projects or programs. California. of cash contributions or in-kind contribu- ‘‘(2) REPORT ON LAND STATUS.— ‘‘(C) Kings Beach Watershed Improvement tions, including providing labor, equipment, ‘‘(A) IN GENERAL.—Not later than 2 years Project in Placer County, California. supplies, space, and other operational needs. after the date of enactment of the Lake ‘‘(D) Lake Forest Stormwater and Water- ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- Tahoe Restoration Act of 2011, the Secretary shed Improvement Project in Placer County, ING.—There shall be credited toward the non- shall submit to Congress a report regarding California. Federal share required under clause (i) any the management of land in the Lake Tahoe ‘‘(E) Crystal Bay Stormwater Improvement dedicated funding of the communities or Basin Management Unit Urban Lots Pro- Project in Washoe County, Nevada. local fire districts for a fuels reduction man- gram, including— ‘‘(F) Washoe County Stormwater Improve- agement program, defensible space inspec- ‘‘(i) a description of future plans and re- ment Projects 4, 5, and 6 in Washoe County, tions, or dooryard chipping. cent actions for land consolidation and ad- Nevada. ‘‘(III) DOCUMENTATION.—Communities and justment; and ‘‘(G) Upper and Lower Kingsbury Project local fire districts shall— ‘‘(ii) the identification of any obstacles to in Douglas County, Nevada. ‘‘(aa) maintain a record of in-kind con- desired conveyances or interchanges. ‘‘(H) Lake Village Drive-Phase II tributions that describes— ‘‘(B) INCLUSIONS.—The report submitted Stormwater Improvement in Douglas Coun- ‘‘(AA) the monetary value of the in-kind under subparagraph (A) may contain rec- ty, Nevada. contributions; and ommendations for additional legislative au- ‘‘(I) State Route 28 Spooner to Sand Har- ‘‘(BB) the manner in which the in-kind thority. bor Stormwater Improvement, Washoe Coun- contributions assist in accomplishing project ‘‘(C) EFFECT.—Nothing in this paragraph ty, Nevada. goals and objectives; and delays the conveyance of parcels under— ‘‘(J) State Route 431 Stormwater Improve- ‘‘(bb) document in all requests for Federal ‘‘(i) the authority of this Act; or ment, Washoe County, Nevada. funding, and include in the total project ‘‘(ii) any other authority available to the ‘‘(2) STREAM ENVIRONMENT ZONE AND WATER- budget, evidence of the commitment to pro- Secretary. SHED RESTORATION.—Of the amounts made vide the non-Federal share through in-kind ‘‘(3) SUPPLEMENTAL AUTHORITY.—The au- available under section 18(a), $32,000,000 shall contributions. thority of this subsection is supplemental to be made available for grants by the Adminis- ‘‘(4) INVASIVE SPECIES MANAGEMENT.—Of the all other cooperative authorities of the Sec- trator for the Federal share of the following amounts to be made available under section retary.’’. projects: 18(a), $20,500,000 shall be made available to SEC. 5. CONSULTATION. ‘‘(A) Upper Truckee River and Marsh Res- the Director for the Aquatic Invasive Species The Lake Tahoe Restoration Act (Public toration Project. Program and the watercraft inspections de- Law 106–506; 114 Stat. 2351) is amended by ‘‘(B) Upper Truckee River Mosher, Reaches scribed in section 9. striking section 5 and inserting the fol- 1 & 2. ‘‘(5) SPECIAL STATUS SPECIES MANAGE- lowing: ‘‘(C) Upper Truckee River Sunset Stables. MENT.—Of the amounts to be made available ‘‘SEC. 5. CONSULTATION. ‘‘(D) Lower Blackwood Creek Restoration under section 18(a), $20,000,000 shall be made ‘‘In carrying out this Act, the Secretary, Project. available to the Director for the Lahontan the Administrator, and the Director shall, as ‘‘(E) Ward Creek. Cutthroat Trout Recovery Program. appropriate and in a timely manner, consult ‘‘(F) Third Creek/Incline Creek Watershed ‘‘(6) LAKE TAHOE BASIN PROGRAM.—Of the with the heads of the Washoe Tribe, applica- Restoration. amounts to be made available under section ble Federal, State, regional, and local gov- ‘‘(G) Rosewood Creek Restoration Project. 18(a), $30,000,000 shall be used to develop and ernmental agencies, and the Lake Tahoe ‘‘(3) FIRE RISK REDUCTION AND FOREST MAN- implement the Lake Tahoe Basin Program Federal Advisory Committee.’’. AGEMENT.— developed under section 11. SEC. 6. AUTHORIZED PROJECTS. ‘‘(A) IN GENERAL.—Of the amounts made ‘‘(d) USE OF REMAINING FUNDS.—Any The Lake Tahoe Restoration Act (Public available under section 18(a), $136,000,000 amounts made available under section 18(a) Law 106–506; 114 Stat. 2351) is amended by shall be made available for assistance by the that remain available after projects de- striking section 6 and inserting the fol- Secretary for the following projects: scribed in subsection (c) have been funded lowing: ‘‘(i) Projects identified as part of the Lake shall be made available for projects included ‘‘SEC. 6. AUTHORIZED PROJECTS. Tahoe Basin Multi-Jurisdictional Fuel Re- in the Priority List under section 8.’’. ‘‘(a) IN GENERAL.—The Secretary, the Di- duction and Wildfire Prevention Strategy 10- SEC. 7. ENVIRONMENTAL RESTORATION PRI- rector, and the Administrator, in coordina- Year Plan. ORITY LIST. tion with the Planning Agency and the ‘‘(ii) Competitive grants for fuels work to The Lake Tahoe Restoration Act (Public States of California and Nevada, may carry be awarded by the Secretary to communities Law 106–506; 114 Stat. 2351) is amended— out or provide financial assistance to any that have adopted national wildland fire (1) by striking sections 8 and 9; project or program described in subsection codes to implement the applicable portion of (2) by redesignating sections 10, 11, and 12 (c) or included in the Priority List under sec- the 10-year plan described in clause (i). as sections 16, 17, and 18, respectively; and tion 8 to further the purposes of the Environ- ‘‘(iii) Biomass projects, including feasi- (3) by inserting after section 7 the fol- mental Improvement Program if the project bility assessments and transportation of ma- lowing: has been subject to environmental review terials. ‘‘SEC. 8. ENVIRONMENTAL RESTORATION PRI- and approval, respectively, as required under ‘‘(iv) Angora Fire Restoration projects ORITY LIST. Federal law, article 7 of the Compact, and under the jurisdiction of the Secretary. ‘‘(a) FUNDING.—Subject to section 6(d), of State law, as applicable. The Administrator ‘‘(v) Washoe Tribe projects on tribal lands the amounts to be made available under sec- shall use no more than 3 percent of the funds within the Lake Tahoe Basin. tion 18(a), at least $136,000,000 shall be made provided for administering the projects or ‘‘(B) MULTIPLE BENEFIT FUELS PROJECTS.— available for projects identified on the Pri- programs described in subsection (c) (1) and Consistent with the requirements of section ority List. (2). 4(d)(2), not more than $10,000,000 of the ‘‘(b) DEADLINE.—Not later than February 15 ‘‘(b) MONITORING AND ASSESSMENT.—All amounts made available to carry out sub- of the year after the date of enactment of projects authorized under subsection (c) and paragraph (A) shall be available to the Sec- the Lake Tahoe Restoration Act of 2011, the section 8 shall— retary for the planning and implementation Chair, in consultation with the Secretary, ‘‘(1) include funds for monitoring and as- of multiple benefit fuels projects with an em- the Administrator, the Director, the Plan- sessment of the results and effectiveness at phasis on restoration projects in Stream En- ning Agency, the States of California and the project and program level consistent vironment Zones. Nevada, the Federal Partnership, the Washoe

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1126 CONGRESSIONAL RECORD — SENATE March 2, 2011 Tribe, the Lake Tahoe Federal Advisory deploy strategies that meet or exceed the Tahoe are protected from quagga and zebra Committee, and the Tahoe Science Consor- criteria described in subsection (b) for pre- mussels and other aquatic invasive species. tium shall submit to Congress a prioritized venting the introduction of aquatic invasive ‘‘(i) SUPPLEMENTAL AUTHORITY.—The au- list of all Environmental Improvement Pro- species into the Lake Tahoe Basin. thority under this section is supplemental to gram projects for the Lake Tahoe Basin, re- ‘‘(b) CRITERIA.—The strategies referred to all actions taken by non-Federal regulatory gardless of program category. in subsection (a) shall provide that— authorities. ‘‘(c) CRITERIA.— ‘‘(1) combined inspection and decontamina- ‘‘(j) SAVINGS CLAUSE.—Nothing in this title ‘‘(1) IN GENERAL.—The priority of projects tion stations be established and operated at shall be construed as restricting, affecting, included in the Priority List shall be based not less than 2 locations in the Lake Tahoe or amending any other law or the authority on the best available science and the fol- Basin; of any department, instrumentality, or agen- lowing criteria: ‘‘(2) watercraft not be allowed to launch in cy of the United States, or any State or po- ‘‘(A) The 5-year threshold carrying capac- waters of the Lake Tahoe Basin if the litical subdivision thereof, respecting the ity evaluation. watercraft— control of invasive species. ‘‘(B) The ability to measure progress or ‘‘(A) has been in waters infested by quagga ‘‘SEC. 10. ARMY CORPS OF ENGINEERS; INTER- success of the project. or zebra mussels; AGENCY AGREEMENTS. ‘‘(C) The potential to significantly con- ‘‘(B) shows evidence of invasive species ‘‘(a) IN GENERAL.—The Assistant Secretary tribute to the achievement and maintenance that the Director has determined would be may enter into interagency agreements with of the environmental threshold carrying ca- detrimental to the Lake Tahoe ecosystem; non-Federal interests in the Lake Tahoe pacities identified in the Compact for— and Basin to use Lake Tahoe Partnership-Mis- ‘‘(i) air quality; ‘‘(C) cannot be reliably decontaminated in cellaneous General Investigations funds to ‘‘(ii) fisheries; accordance with paragraph (3); provide programmatic technical assistance ‘‘(iii) noise; ‘‘(3) subject to paragraph (4), all watercraft for the Environmental Improvement Pro- ‘‘(iv) recreation; surfaces and appurtenance (such as anchors gram. ‘‘(v) scenic resources; and fenders) that contact with water shall be ‘‘(b) LOCAL COOPERATION AGREEMENTS.— ‘‘(vi) soil conservation; reliably decontaminated, based on standards ‘‘(1) IN GENERAL.—Before providing tech- ‘‘(vii) forest health; developed by the Director using the best nical assistance under this section, the As- ‘‘(viii) water quality; and available science; sistant Secretary shall enter into a local co- ‘‘(ix) wildlife. ‘‘(4) watercraft bearing positive operation agreement with a non-Federal in- ‘‘(D) The ability of a project to provide verification of having last launched within terest to provide for the technical assist- multiple benefits. the Lake Tahoe Basin may be exempted from ance. ‘‘(E) The ability of a project to leverage decontamination under paragraph (3); and ‘‘(2) COMPONENTS.—The agreement entered non-Federal contributions. ‘‘(5) while in the Lake Tahoe Basin, all into under paragraph (1) shall— ‘‘(F) Stakeholder support for the project. watercraft maintain documentation of com- ‘‘(A) describe the nature of the technical ‘‘(G) The justification of Federal interest. pliance with the strategies deployed under assistance; ‘‘(H) Agency priority. this section. ‘‘(B) describe any legal and institutional ‘‘(I) Agency capacity. ‘‘(c) CERTIFICATION.—The Director may cer- structures necessary to ensure the effective ‘‘(J) Cost-effectiveness. tify State agencies to perform the decon- long-term viability of the end products by ‘‘(K) Federal funding history. tamination activities described in subsection the non-Federal interest; and ‘‘(2) SECONDARY FACTORS.—In addition to (b)(3) at locations outside the Lake Tahoe ‘‘(C) include cost-sharing provisions in ac- the criteria under paragraph (1), the Chair Basin if standards at the sites meet or ex- cordance with paragraph (3). shall, as the Chair determines to be appro- ceed standards for similar sites in the Lake ‘‘(3) FEDERAL SHARE.— priate, give preference to projects in the Pri- Tahoe Basin established under this section. ‘‘(A) IN GENERAL.—The Federal share of ority List that benefit existing neighbor- ‘‘(d) APPLICABILITY.—The strategies and project costs under each local cooperation hoods in the Basin that are at or below re- criteria developed under this section shall agreement under this subsection shall be 65 apply to all watercraft to be launched on gional median income levels, based on the percent. water within the Lake Tahoe Basin. most recent census data available. ‘‘(B) FORM.—The Federal share may be in ‘‘(e) FEES.—The Director may collect and the form of reimbursements of project costs. ‘‘(3) EROSION CONTROL PROJECTS.—For pur- spend fees for decontamination only at a poses of the Priority List and section 6(c)(1), ‘‘(C) CREDIT.—The non-Federal interest level sufficient to cover the costs of oper- may receive credit toward the non-Federal erosion control projects shall be considered ation of inspection and decontamination sta- part of the stormwater management and share for the reasonable costs of related tions under this section. technical activities completed by the non- total maximum daily load program of the ‘‘(f) CIVIL PENALTIES.— Federal interest before entering into a local Environmental Improvement Program. The ‘‘(1) IN GENERAL.—Any person that cooperation agreement with the Assistant Administrator shall coordinate with the Sec- launches, attempts to launch, or facilitates Secretary under this subsection. retary on such projects. launching of watercraft not in compliance ‘‘(d) REVISIONS.— with strategies deployed under this section ‘‘SEC. 11. LAKE TAHOE BASIN PROGRAM. ‘‘The Administrator, in cooperation with ‘‘(1) IN GENERAL.—The Priority List sub- shall be liable for a civil penalty in an the Secretary, the Planning Agency, the mitted under subsection (b) shall be re- amount not to exceed $1,000 per violation. States of California and Nevada, and the vised— ‘‘(2) OTHER AUTHORITIES.—Any penalties as- Tahoe Science Consortium, shall develop and ‘‘(A) every 4 years; or sessed under this subsection shall be sepa- implement the Lake Tahoe Basin Program ‘‘(B) on a finding of compelling need under rate from penalties assessed under any other that— paragraph (2). authority. ‘‘(1) develops and regularly updates an in- ‘‘(2) FINDING OF COMPELLING NEED.— ‘‘(g) LIMITATION.—The strategies and cri- ‘‘(A) IN GENERAL.—If the Secretary, the Ad- teria under subsections (a) and (b), respec- tegrated multiagency programmatic assess- ministrator, or the Director makes a finding tively, may be modified if the Secretary of ment and monitoring plan— of compelling need justifying a priority shift the Interior, in a nondelegable capacity and ‘‘(A) to evaluate the effectiveness of the and the finding is approved by the Secretary, in consultation with the Planning Agency Environmental Improvement Program; the Executive Director of the Planning and State governments, issues a determina- ‘‘(B) to evaluate the status and trends of Agency, the California Natural Resources tion that alternative measures will be no indicators related to environmental thresh- Secretary, and the Director of the Nevada less effective at preventing introduction of old carrying capacities; and Department of Conservation, the Priority aquatic invasive species into Lake Tahoe ‘‘(C) to assess the impacts and risks of List shall be revised in accordance with this than the strategies and criteria. changing climatic conditions and invasive subsection. ‘‘(h) FUNDING.—Of the amounts made avail- species; ‘‘(B) INCLUSIONS.—A finding of compelling able under section 6(c)(4), not more than ‘‘(2) develops a comprehensive set of per- need includes— $500,000 shall be made available to the Direc- formance measures for Environmental Im- ‘‘(i) major scientific findings; tor, in coordination with the Planning Agen- provement Program assessment; ‘‘(ii) results from the threshold evaluation cy and State governments— ‘‘(3) coordinates the development of the an- of the Planning Agency; ‘‘(1) to evaluate the feasibility, cost, and nual report described in section 13; ‘‘(iii) emerging environmental threats; and potential effectiveness of further efforts that ‘‘(4) produces and synthesizes scientific in- ‘‘(iv) rare opportunities for land acquisi- could be undertaken by the Federal Govern- formation necessary for— tion. ment, State and local governments, or pri- ‘‘(A) the identification and refinement of ‘‘SEC. 9. AQUATIC INVASIVE SPECIES PREVEN- vate entities to guard against introduction environmental indicators for the Lake Tahoe TION. of aquatic invasive species into Lake Tahoe, Basin; and ‘‘(a) IN GENERAL.—Not later than 60 days including the potential establishment of in- ‘‘(B) the evaluation of standards and after the date of enactment of the Lake spection and decontamination stations on benchmarks; Tahoe Restoration Act of 2011, the Director, major transitways entering the Lake Tahoe ‘‘(5) conducts applied research, pro- in coordination with the Planning Agency, Basin; and grammatic technical assessments, scientific the California Department of Fish and Game, ‘‘(2) to evaluate and identify options for data management, analysis, and reporting and the Nevada Department of Wildlife, shall ensuring that all waters connected to Lake related to key management questions;

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1127 ‘‘(6) develops new tools and information to mental Protection Agency, and the United ‘‘(1) shall be in addition to any other support objective assessments of land use States Fish and Wildlife Service), includ- amounts made available to the Secretary, and resource conditions; ing— Administrator, or Director for expenditure ‘‘(7) provides scientific and technical sup- ‘‘(1) an interagency crosscut budget that in the Lake Tahoe Basin; and port to the Federal Government and State displays the proposed budget for use by each ‘‘(2) shall not reduce allocations for other and local governments in— Federal agency in carrying out restoration Regions of the Forest Service, Environ- ‘‘(A) reducing stormwater runoff, air depo- activities relating to the Environmental Im- mental Protection Agency, or United States sition, and other pollutants that contribute provement Program for the following fiscal Fish and Wildlife Service. to the loss of lake clarity; and year; ‘‘(c) COST-SHARING REQUIREMENT.—Except ‘‘(B) the development and implementation ‘‘(2) a detailed accounting of all amounts as provided in subsection (d) and section of an integrated stormwater monitoring and received and obligated by Federal agencies 6(c)(3)(E), the States of California and Ne- assessment program; to achieve the goals of the Environmental vada shall pay 50 percent of the aggregate ‘‘(8) establishes and maintains independent Improvement Program during the preceding costs of restoration activities in the Lake peer review processes— fiscal year; and Tahoe Basin funded under section 6 or 8. ‘‘(A) to evaluate the Environmental Im- ‘‘(3) a description of the Federal role in the ‘‘(d) RELOCATION COSTS.—Notwithstanding provement Program; and Environmental Improvement Program, in- subsection (c), the Secretary shall provide to ‘‘(B) to assess the technical adequacy and cluding the specific role of each agency in- local utility districts \2/3\ the costs of relo- scientific consistency of central environ- volved in the restoration of the Lake Tahoe cating facilities in connection with— mental documents, such as the 5-year Basin. ‘‘(1) environmental restoration projects threshold review; and ‘‘SEC. 15. GRANT FOR WATERSHED STRATEGY. under sections 6 and 8; and ‘‘(9) provides scientific and technical sup- ‘‘(a) IN GENERAL.—Of the amounts to be ‘‘(2) erosion control projects under section port for the development of appropriate man- made available under section 18(a), the Ad- 2 of Public Law 96–586 (94 Stat. 3381). agement strategies to accommodate chang- ministrator shall use not more than $500,000 ‘‘(e) SIGNAGE.—To the maximum extent ing climatic conditions in the Lake Tahoe to provide a grant, on a competitive basis, to practicable, a project provided assistance Basin. States, federally recognized Indian tribes, under this Act shall include appropriate ‘‘SEC. 12. PUBLIC OUTREACH AND EDUCATION. interstate agencies, other public or nonprofit signage at the project site that— ‘‘(a) IN GENERAL.—The Secretary, Adminis- agencies and institutions, or institutions of ‘‘(1) provides information to the public trator, and Director will coordinate with the higher education to develop a Lake Tahoe on— Planning Agency to conduct public edu- Basin watershed strategy in coordination ‘‘(A) the amount of Federal funds being cation and outreach programs, including en- with the Planning Agency, the States of provided to the project; and couraging— California and Nevada, and the Secretary. ‘‘(B) this Act; and ‘‘(b) COMMENT.—In developing the water- ‘‘(1) owners of land and residences in the ‘‘(2) displays the visual identity mark of shed strategy under subsection (a), the grant Lake Tahoe Basin— the Environmental Improvement Program.’’. ‘‘(A) to implement defensible space; and recipients shall provide an opportunity for ‘‘(B) to conduct best management practices public review and comment. SEC. 10. CONFORMING AMENDMENTS. for water quality; and ‘‘(c) COMPONENTS.—The watershed strategy (a) ADMINISTRATION OF ACQUIRED LAND.— ‘‘(2) owners of land and residences in the developed under subsection (a) shall in- Section 3(b) of Public Law 96–586 (94 Stat. Lake Tahoe Basin and visitors to the Lake clude— 3384) is amended— Tahoe Basin, to help prevent the introduc- ‘‘(1) a classification system, inventory, and (1) by striking ‘‘(b) Lands’’ and inserting tion and proliferation of invasive species as assessment of stream environment zones; the following: part of the private share investment in the ‘‘(2) comprehensive watershed character- ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— Environmental Improvement Program. ization and restoration priorities consistent ‘‘(1) IN GENERAL.—Land’’; and ‘‘(b) REQUIRED COORDINATION.—Public out- with— (2) by adding at the end the following: reach and education programs for aquatic ‘‘(A) the Lake Tahoe total maximum daily ‘‘(2) INTERCHANGE.— invasive species under this section shall— load; and ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(1) be coordinated with Lake Tahoe Basin ‘‘(B) the environmental threshold carrying graph (1), the Secretary of Agriculture (act- tourism and business organizations; and capacities of Lake Tahoe; ing through the Chief of the Forest Service) ‘‘(2) include provisions for the programs to ‘‘(3) a monitoring and assessment program (referred to in this paragraph as the ‘Sec- extend outside of the Lake Tahoe Basin. consistent with section 11; and retary’) may interchange (as defined in the ‘‘SEC. 13. REPORTING REQUIREMENTS. ‘‘(4) an adaptive management system— first section of Public Law 97–465 (16 U.S.C. ‘‘Not later than February 15 of each year, ‘‘(A) to measure and evaluate progress; and 521c)) any land or interest in land within the the Administrator, in cooperation with the ‘‘(B) to adjust the program. Lake Tahoe Basin Management Unit de- Chair, the Secretary, the Director, the Plan- ‘‘(d) DEADLINE.—The watershed strategy scribed in subparagraph (B) with appropriate ning Agency, and the States of California developed under subsection (a) shall be com- units of State government. and Nevada, consistent with section 6(c)(6) pleted by the date that is 2 years after the ‘‘(B) ELIGIBLE LAND.—The land or interest and section 11, shall submit to Congress a re- date on which funds are made available to in land referred to in subparagraph (A) is port that describes— carry out this section.’’. land or an interest in land that the Sec- ‘‘(1) the status of all Federal, State, local, SEC. 8. RELATIONSHIP TO OTHER LAWS. retary determines is not subject to efficient and private projects authorized under this Section 17 of The Lake Tahoe Restoration administration by the Secretary because of Act, including to the maximum extent prac- Act (Public Law 106–506; 114 Stat. 2358) (as re- the location or size of the land. ticable, for projects that will receive Federal designated by section 7(2)) is amended by in- ‘‘(C) CONSIDERATION.—In any interchange funds under this Act during the current or serting ‘‘, Director, or Administrator’’ after under this paragraph, the Secretary shall ac- subsequent fiscal year— ‘‘Secretary’’. cept land within the Lake Tahoe Basin Man- ‘‘(A) the project scope; SEC. 9. AUTHORIZATION OF APPROPRIATIONS. agement Unit of approximately equal value ‘‘(B) the budget for the project; and The Lake Tahoe Restoration Act (Public (as defined in accordance with section 6(2) of ‘‘(C) the justification for the project, con- Law 106–506; 114 Stat. 2351) is amended by Public Law 97–465 (16 U.S.C. 521h)). sistent with the criteria established in sec- striking section 18 (as redesignated by sec- ‘‘(D) ENVIRONMENTAL ANALYSIS.—For the tion 8(c)(1); tion 7(2)) and inserting the following: purposes of any environmental analysis of an ‘‘(2) Federal, State, local, and private ex- ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. interchange under this paragraph, the Sec- penditures in the preceding fiscal year to im- ‘‘(a) FUNDING.— retary shall— plement the Environmental Improvement ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) assume the maintenance of the envi- Program and projects otherwise authorized There is authorized to be appropriated to ronmental status quo; and under this Act; carry out this Act $415,000,000 for a period of ‘‘(ii) not be required to individually assess ‘‘(3) accomplishments in the preceding fis- 10 fiscal years beginning the first fiscal year each parcel that is managed under the Lake cal year in implementing this Act in accord- after the date of enactment of the Lake Tahoe Basin Management Unit Urban Lots ance with the performance measures and Tahoe Restoration Act of 2011. Program. other monitoring and assessment activities; ‘‘(2) USE OF FUNDS.—As of the date of en- ‘‘(E) USE OF LAND ACQUIRED BY STATE GOV- and actment of the Lake Tahoe Restoration Act ERNMENT.—In any interchange under this ‘‘(4) public education and outreach efforts of 2011, of the funds authorized to be appro- paragraph, the Secretary shall— undertaken to implement programs and priated to be used to carry out sections 6 and ‘‘(i) insert in the applicable deed such projects authorized under this Act. 7, the Secretary may use such sums as are terms, covenants, conditions, and reserva- ‘‘SEC. 14. ANNUAL BUDGET PLAN. necessary to implement projects on the Pri- tions as the Secretary determines to be nec- ‘‘As part of the annual budget of the Presi- ority List, to remain available until ex- essary to ensure— dent, the President shall submit information pended. ‘‘(I) protection of the public interest, in- regarding each Federal agency involved in ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts cluding protection of the ecological, scenic, the Environmental Improvement Program authorized under this section and any wildlife, and recreational values of the Na- (including the Forest Service, the Environ- amendments made by this Act— tional Forest System; and

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1128 CONGRESSIONAL RECORD — SENATE March 2, 2011 ‘‘(II) the provision for appropriate access helping federal agencies work more mary of the bill is that it authorizes to, and use of, land within the National For- collaboratively with local governments $415 million over 10 years to improve est System; to manage federal lands, preventing water clarity, reduce the threat of fire, ‘‘(III) that land subject to exchange is monitored for compliance with subclauses (I) catastrophic wildfires, keeping and restore the environment. and (II); and invasive species out of the lake, using I would like to make a very impor- ‘‘(IV) if the land conveyed under this para- sound science to prioritize projects, tant point about the federal role in graph is used in a manner that is incon- and leveraging state and local funding. protecting Lake Tahoe. The U.S. For- sistent with this section, the land shall, at Senator FEINSTEIN has done a lot of est Service manages 75 percent of the the discretion of the Secretary, revert to the work to improve this legislation while land surrounding the lake and it is im- United States; or maintaining a broad coalition of sup- possible to make real progress in the ‘‘(ii) reserve a conservation easement to port and I want to thank her for her ensure that the land conveyed is managed in Lake Tahoe Basin without providing accordance with subclauses (I) through (IV) good work. the Forest Service with the tools they of clause (i). Lake Tahoe is a place of incredible need to manage that land. With that in ‘‘(F) DELEGATION OF MONITORING AND EN- beauty. When Mark Twain first saw mind, we call on the Forest Service to FORCEMENT BY TRANSFER OF CONSERVATION Lake Tahoe in 1861, he described it as support the thresholds put forth by the EASEMENT.— ‘‘a noble sheet of blue water lifted 6,300 Tahoe Regional Planning Agency, we ‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In feet above the level of the sea, and provide encouragement and funding to this subparagraph, the term ‘eligible entity’ walled in by a rim of snow-clad moun- work on the restoration of stream envi- means— tain peaks that towered aloft full three ‘‘(I) a conservation agency of a local gov- ronment zones, and we withdraw all ernment or an Indian tribe; thousand feet higher still!’’ He went on Forest Service in the Basin lands from ‘‘(II) the Tahoe Regional Planning Agency; to proclaim the view in front of him as mineral entry in order to minimize soil or surely ‘‘the fairest picture the whole disturbance. The Forest Service is also ‘‘(III) an organization that— earth affords.’’ I could not agree more. granted increased flexibility to ex- ‘‘(aa) is organized for, and at all times But for all its beauty, Lake Tahoe change land with the states of Nevada since the formation of the organization, has Basin is in peril. The famed clarity of and California which will allow for been operated principally for 1 or more of the the lake declined by over a third dur- conservation purposes specified in clause (i), more cost-efficient management of the ing the last 50 years; it is estimated over 8,000 publicly owned urban parcels (ii), (iii), or (iv) of section 170(h)(4)(A) of the that 25 percent of the trees in the basin Internal Revenue Code of 1986; spread throughout the Basin. Cur- ‘‘(bb) is an organization described in sec- are dead or dying; the prized Lahontan rently, the Forest Service owns over tion 501(c)(3) of that Code that is exempt cutthroat trout sport fish that once 3,280 of these urban parcels and there from taxation under section 501(a) of that grew to more than 40 pounds are no are questions about whether it is in the Code; longer present; and many of the basin’s public interest for the Forest Service ‘‘(cc) is described in paragraph (1) or (2) of natural marshes and wetlands have to manage these urban lands or wheth- section 509(a) of that Code; or been altered or drained. This perilous ‘‘(dd)(AA) is described in section 509(a)(3) er it would be better to pass them to decline jeopardizes the 23,000 jobs and other responsible entities that could of that Code; and $1.8 billion in annual revenues that ‘‘(BB) is controlled by an organization de- provide more efficient management. scribed in section 509(a)(2) of that Code. Lake Tahoe contributes to the Nevada We have asked the Forest Service to ‘‘(ii) DELEGATION.—Subject to clause (iii), and California economies. report to Congress on their plans for It became clear to me in the 1990s the Secretary may delegate to an eligible en- improving this part of their program, that a major commitment and coordi- tity any monitoring and enforcement duties including any suggestions for how Con- relating to a conservation easement under nated efforts were necessary to turn gress might be able to help. Along with this paragraph by transferring title of own- things around for the health and future these new authorities and direction for ership to an easement to an eligible entity to of Lake Tahoe and the Lake Tahoe forest management, the bill authorizes hold and enforce. Basin. In 1996, I called then-President $136 million to reduce the threat of ‘‘(iii) RESTRICTION.—The Secretary may Clinton and Vice President Gore and delegate monitoring or enforcement duties wildfire. This includes work on Forest asked if they would come to Lake under clause (ii) if— Service lands as well as work done by Tahoe with me so that they could see ‘‘(I) the Secretary retains the right to con- local fire agencies. Local communities both the incredible beauty of the place duct periodic inspections and enforce the and fire districts that receive grants easement; and many threats facing it. When we from this generous program will pro- ‘‘(II) the Secretary determines that the convened in July 1997, the President vide a 25 percent cash match. transfer will promote protection of ecologi- and Vice President brought four cabi- cal, scenic, wildlife, and recreational values; net secretaries with them and we had a Lake Tahoe is uniquely beautiful and ‘‘(III) the eligible entity assumes the costs multi-day session on the future of Lake it’s worth fighting to protect it. It is incurred in administering and enforcing the my sincere hope that my grandchildren easement; Tahoe. President Clinton promised to make Lake Tahoe a priority—for the will see the day when the lake’s clarity ‘‘(IV) the Secretary determines that the el- is restored to 100 feet or more, when igible entity has the resources necessary to people of Nevada, for the people of carry out monitoring and enforcement ac- California, and for the whole country. Tahoe’s giant native trout are once tivities; and An executive order and the subsequent again plentiful, and when nearby for- ‘‘(V) all delegated monitoring and enforce- Lake Tahoe Restoration Act of 2000 ests are diverse and healthy. Mark ment duties revert to the Secretary if the el- were the result of that commitment. Twain saw something amazing when he igible entity cannot perform the delegated It would have been difficult to imag- crested into the Lake Tahoe Basin. We duties, at the discretion of the Secretary. ine at that first summit how much owe it to ourselves and to subsequent ‘‘(G) TRANSFER OF LAND ACQUIRED BY UNITS progress we would be able to make in generations to restore as much of that OF STATE GOVERNMENT.—Any unit of State splendor as we can. This bill is the next government that receives National Forest the last 14 years. The clarity of the System land through an interchange under lake now appears to have stabilized, step in that journey. this paragraph shall not convey the land to thousands of acres of forest lands have any person or entity other than the Federal been restored, roads and highways By Mr. COCHRAN (for himself Government or a State government.’’. across the basin have been improved to and Ms. MIKULSKI): (b) INTERAGENCY AGREEMENT FUNDING.— S. 434. A bill to improve and expand Section 108(g) of title I of division C of the limit runoff, and the natural function Consolidated Appropriations Act, 2005 (Pub- of many miles of stream zones and ri- geographic literacy among kinder- lic Law 108–447; 118 Stat. 2942) is amended by parian areas has been restored. But garten through grade 12 students in the striking ‘‘$25,000,000’’ and inserting there is a great deal yet to be done. We United States by improving profes- ‘‘$75,000,000’’. offer the Lake Tahoe Restoration Act sional development programs for kin- Mr. REID. Mr. President, today I join of 2011 as the next step. dergarten through grade 12 teachers of- Senator FEINSTEIN in introducing the Our bill focuses federal attention on fered through institutions of higher Lake Tahoe Restoration Act of 2011 the areas where we can be most effec- education; to the Committee on along with Senator ENSIGN and Senator tive and it builds on the lessons we Health, Education, Labor, and Pen- BOXER. Our bill protects Lake Tahoe by have learned since 1997. The basic sum- sions.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1129 Mr. COCHRAN. Mr. President, today AIDS—will require every young person through jobs in landscaping and con- I am introducing the Teaching Geog- to learn more about other regions, cul- struction. raphy is Fundamental Act. I am tures, and languages.’’ It is clear to me Today, Jose is a valuable employee pleased to be joined as a cosponsor by that we need to do more to ensure that with Bone Construction, Inc. He has my friend, the distinguished Senator the teachers responsible for the edu- worked with this California-based com- from Maryland, Ms. MIKULSKI. The pur- cation of our students, from kinder- pany for nearly 10 years, developing pose of this bill is to improve geo- garten through high school graduation, skills and experience and now serving graphic literacy among K through 12 are prepared and trained to teach the as a lead foreman. Timothy Bone, the students by supporting professional de- skills necessary to solve these prob- owner of the company, calls Jose a ‘‘re- velopment programs for their teachers lems. liable, hardworking and conscientious’’ that are administered in institutions of Over the last 15 years, the National worker. higher learning. The bill also assists Geographic Society has awarded more Jose is married to Alicia, who goes to States in measuring the impact of edu- than $100 million in grants to edu- work season after season in Califor- cation in geography. cators, universities, geography alli- nia’s labor-intensive agriculture indus- Ensuring geographic literacy pre- ances, and others for the purposes of try. She currently works for a fruit pares students to be good citizens of advancing and improving the teaching packing company in Reedley, Cali- both our Nation and the world. John of geography. Their models are success- fornia. Jose and Alicia have raised two Fahey, who is Chairman and CEO of ful, and research shows that students outstanding children, Ana Laura, age the National Geographic Society, once who have benefitted from this teaching 22, and Alex, age 20, who have both al- stated that, ‘‘Geographic illiteracy im- outperform other students. State geog- ways excelled in school. pacts our economic well-being, our re- raphy alliances exist in 26 states and Ana Laura earned a 4.0 GPA at lationships with other nations and the the District of Columbia endowed by Reedley High School, and was offered environment, and isolates us from the grants from the Society. But, their ef- an academic scholarship at the Univer- world.’’ When students understand forts alone are not enough. sity of California, Berkeley. Unfortu- their own environment, they can better In my home state of Mississippi, nately, she could not accept the schol- understand the differences in other teachers and university professors are arship because of her undocumented places, and the people who live in making progress to increase geography status. them. Knowledge of the diverse cul- education in schools through addi- Ana Laura nonetheless persisted. She tures, environment, and distances be- tional professional training. Based at enrolled at the University of Cali- tween states and countries helps our the University of Mississippi, hundreds fornia, Irvine and is on track to grad- students to understand national and of geography teachers are members of uate this spring with a major in Chi- international policies, economies, soci- the Mississippi Geography Alliance. cano Studies and Art. eties and political structures on a glob- This Alliance conducts regular work- Ana Laura’s younger brother, Alex, is al scale. shops for graduate and undergraduate a United States citizen. He graduated To expect that Americans will be students who are preparing to be cer- high school with a 3.85 GPA and now able to work successfully with other tified to teach elementary and high studies engineering at the University people around the world, we need to be school-level geography in our State. of California, Merced. Last spring, he able to communicate and understand These workshops have provided oppor- graduated with honors and a scholar- each other. It is a fact that we have a tunities for model teaching sessions ship from Reedley College with an As- global marketplace, and we need to be and discussion of best practices in the sociate of Science degree in Engineer- preparing our younger generation for classroom. ing. competition in the international econ- The bill I am introducing establishes Remarkably, the Buendias should omy. A strong base of geography a Federal commitment to enhance the have been able to correct their immi- knowledge improves these opportuni- education of our teachers, focuses on gration status years ago. Jose should ties. geography education research, and de- have qualified for legalization pursuant The U.S. Bureau of Economic Anal- velops reliable and advanced tech- to the Immigration and Reform Con- ysis reports that in 2010, the overall nology based classroom materials. I trol Act of 1986; however, his applica- volume of international trade, as the hope the Senate will consider the seri- tion was never acted upon because his sum of imports and exports, was over ousness of the need to make this en- attorney was convicted of fraudulently $4.3 trillion. Geographic knowledge is hanced investment in geography. submitting legalization and Special increasingly needed for U.S. businesses Agricultural Worker applications, in international markets to understand By Mrs. FEINSTEIN: tainting all of his clients. such factors as physical distance, time S. 440. A bill for the relief of Jose The Immigration and Naturalization zones, language differences and cul- Buendia Balderas, Alicia Aranda De Service took nearly 7 years to deter- tural diversity. Buendia, and Ana Laura Buendia mine that Jose’s application contained Geospatial technology is an emerging Aranda; to the Committee on the Judi- no fraudulent information, but at that career that is now available to people ciary. point it was too late. Jose was no with an extensive background in geog- Mrs. FEINSTEIN. Mr. President, I longer eligible for relief due to changes raphy education. Professionals in am reintroducing a private relief bill in U.S. immigration law. geospatial technology are employed in on behalf of the Buendias, a family who Still, the Buendia family continued federal government agencies, and in has lived in the Fresno area of Cali- to seek legal status through other the private and non-profit sectors in fornia for more than 20 years. The means. In 1999, it appeared they had areas such as agriculture, archeology, beneficiaries of this bill include Jose succeeded when an Immigration Judge ecology, land appraisal, and urban Buendia Balderas, his wife, Alicia granted the family cancellation of re- planning and development. It is impor- Aranda de Buendia, and their daughter, moval based on the hardship their son, tant to improve and expand geography Ana Laura Buendia Aranda. I believe Alex, would face if deported to Mexico. education so that students in the this family merits Congress’ special However, the decision was appealed and United States can attain the necessary consideration. ultimately overturned. At this point, expertise to fill and retain the esti- I would like to start with the story of the Buendias have exhausted their op- mated 70,000 new jobs that are becom- Jose Buendia, a remarkable father and tions to remain together as a family ing available each year in the husband who has embraced the hard here in the United States. geospatial technology industry. work ethic of this country. Many years In the more than 20 years of living in Former Secretary of State Colin ago, Jose’s father worked as an agricul- California, the Buendias have shown Powell once said, ‘‘To solve most of the tural worker on the Bracero program. that they are committed to working to major problems facing our country In 1981, he brought his son to the achieve the American dream. They today—from wiping out terrorism, to United States. Jose worked hard, pro- have a strong connection to their local minimizing global environmental prob- viding financial support to his family community, as active members of the lems, to eliminating the scourge of in Mexico and working his way up Parent Teachers Association and their

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1130 CONGRESSIONAL RECORD — SENATE March 2, 2011 church. They pay their taxes every Immigration and Nationality Act (8 U.S.C. main in the United States legally. year, paid off their mortgage, and re- 1153(a)); or However, their poor legal representa- main free of debt. They have shown (2) if applicable, the total number of immi- tion foreclosed this opportunity. that they are responsible, maintaining grant visas that are made available to na- One of the most compelling reasons tives of the country of birth of Jose Buendia health insurance, savings accounts, Balderas, Alicia Aranda De Buendia, and Ana for my introduction of this private bill and retirement accounts. Laura Buendia Aranda under section 202(e) of is the devastating impact the deporta- Moreover, the Buendia children are such Act (8 U.S.C. 1152(e)). tion of Esidronio and Maria Elena excellent students pursuing higher edu- (e) PAYGO.—The budgetary effects of this would have on their children—three of cation here in the United States. With- Act, for the purpose of complying with the whom are American citizens—and the out this private bill, these young Statutory Pay-As-You-Go-Act of 2010, shall other two who have lived in the United adults will be separated from their be determined by reference to the latest States since they were toddlers. For family or forced to relocate to a coun- statement titled ‘‘Budgetary Effects of these children, this country is the only PAYGO Legislation’’ for this Act, submitted try they simply do not know. I do not for printing in the Congressional Record by country they really know. believe it is in the Nation’s best inter- the Chairman of the Senate Budget Com- Nayely, the oldest, was the first in est to prevent talented youth raised mittee, provided that such statement has her family to graduate from high here in the United States, who have been submitted prior to the vote on passage. school and the first to graduate col- good moral character and outstanding lege. She attended Fresno Pacific Uni- academic records, from realizing their By Mrs. FEINSTEIN: versity, a regionally ranked university, future. S. 441. A bill for the relief of on a full tuition scholarship package I respectfully ask my colleagues for Esidronio Arreola-Saucedo, Maria Elna and worked part-time in the admis- their support of the Buendia family. I Cobain Arreola, Nayely Arreola Carlos, sions office. She graduated from Fresno hope the Senate will consider this pri- and Cindy Jael Arreola; to the Com- Pacific University with a degree in vate relief legislation in the 112th Con- mittee on the Judiciary. Business Administration and is work- gress. Mrs. FEINSTEIN. Mr. President, ing on her graduate degree. Nayely re- Mr. President, I ask unanimous con- today, I offer private immigration recently got married. sent that the text of the bill be printed lief legislation to provide lawful per- At a young age, Nayely demonstrated in the RECORD. manent resident status to Esidronio a strong commitment to the ideals of Arreola-Saucedo, Maria Elena Cobian There being no objection, the text of citizenship in her adopted country. She Arreola, Nayely Arreola Carlos, and the bill was ordered to be printed in worked hard to achieve her full poten- Cindy Jael Arreola. The Arreolas are the RECORD, as follows: tial both through her academic endeav- Mexican nationals living in the Fresno ors and community service. As the As- S. 440 area of California. sociate Dean of Enrollment Services at Be it enacted by the Senate and House of Rep- Esidronio and Maria Elena have lived Fresno Pacific University states in a resentatives of the United States of America in in the United States for over 20 years. Congress assembled, letter of support, ‘‘[T]he leaders of Two of their five children, Nayely, age SECTION 1. PERMANENT RESIDENT STATUS FOR Fresno Pacific University saw in JOSE BUENDIA BALDERAS, ALICIA 25, and Cindy, age 20, also stand to ben- Nayely, a young person who will be- ARANDA DE BUENDIA, AND ANA efit from this legislation. come exemplary of all that is good in LAURA BUENDIA ARANDA. The other three Arreola children, the American dream.’’ (a) IN GENERAL.—Notwithstanding sub- Robert, age 19, Daniel, age 15, and In high school, Nayely was a member sections (a) and (b) of section 201 of the Im- Saray, age 14, are United States citi- of Advancement Via Individual Deter- migration and Nationality Act (8 U.S.C. zens. Today, Esidronio and Maria Elena 1151), Jose Buendia Balderas, Alicia Aranda mination, AVID, college preparatory De Buendia, and Ana Laura Buendia Aranda and their two eldest children face de- program in which students commit to shall each be eligible for issuance of an importation. determining their own futures through migrant visa or for adjustment of status to The story of the Arreola family is achieving a college degree. Nayely was that of an alien lawfully admitted for perma- compelling and I believe they merit also President of the Key Club, a com- nent residence upon filing an application for Congress’ special consideration for munity service organization. Perhaps issuance of an immigrant visa under section such an extraordinary form of relief as the greatest hardship to this family, if 204 of such Act (8 U.S.C. 1154) or for adjust- a private bill. forced to return to Mexico, will be her ment of status to lawful permanent resident. The Arreolas are facing deportation (b) ADJUSTMENT OF STATUS.—If Jose lost opportunity to realize her dreams Buendia Balderas, Alicia Aranda De Buendia, in part because of grievous errors com- and further contribute to her commu- or Ana Laura Buendia Aranda enter the mitted by their previous counsel, who nity and to this country. United States before the filing deadline spec- has since been disbarred. In fact, the Nayely’s sister, Cindy, also recently ified in subsection (c), Jose Buendia attorney’s conduct was so egregious married and has a one-year-old daugh- Balderas, Alicia Aranda De Buendia, or Ana that it compelled an immigration ter. Neither Nayely nor Cindy are eligi- Laura Buendia Aranda, as appropriate, shall judge to write the Executive Office of ble to adjust their status based on be considered to have entered and remained Immigration Review seeking the attor- their marriages because they grew up lawfully in the United States and shall be el- ney’s disbarment for his actions in his igible for adjustment of status under section in the United States undocumented. 245 of the Immigration and Nationality Act client’s immigration cases. The Arreolas also have other family (8 U.S.C. 1255) as of the date of the enact- Esidronio came to the United States who are United States citizens or law- ment of this Act. in 1986 and was an agricultural migrant ful permanent residents of this coun- (c) APPLICATION AND PAYMENT OF FEES.— worker in the fields of California for try. Maria Elena has three brothers Subsections (a) and (b) shall apply only if the several years. As a migrant worker at who are American citizens, and application for the issuance of an immigrant that time, he would have been eligible Esidronio has a sister who is an Amer- visa or the application for adjustment of sta- for permanent residence through the ican citizen. It is also my under- tus is filed with appropriate fees not later Seasonal Agricultural Workers SAW, standing that they have no immediate than 2 years after the date of the enactment of this Act. program, had he known about it. family in Mexico. (d) REDUCTION OF IMMIGRANT VISA NUM- Maria Elena was living in the United According to immigration authori- BERS.—Upon the granting of an immigrant States at the time she became preg- ties, this family has never had any visa or permanent residence to Jose Buendia nant with her daughter Cindy. She re- problems with law enforcement. I am Balderas, Alicia Aranda De Buendia, and Ana turned to Mexico to give birth because told that they have filed their taxes for Laura Buendia Aranda, the Secretary of she wanted to avoid any problems with every year from 1990 to the present. State shall instruct the proper officer to re- the Immigration and Naturalization They have always worked hard to sup- duce by 3, during the current or next fol- Service. port themselves. lowing fiscal year— Because of the length of time that As I previously mentioned, Esidronio (1) the total number of immigrant visas that are made available to natives of the the Arreolas were in the United States, was previously employed as a farm country of birth of Jose Buendia Balderas, it is likely that they would have quali- worker, but now has his own business Alicia Aranda De Buendia, and Ana Laura fied for suspension of deportation, in California repairing electronics. His Buendia Aranda under section 203(a) of the which would have allowed them to re- business has been successful enough to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1131 enable him to purchase a home for his this family has only further dem- tinues to strain him. He battles severe family. He and his wife are active in onstrated their hard work ethic and clinical depression here in the United their church community and in their commitment to realizing the American States. Robert fears that if he is de- children’s education. dream. I continue to believe that Rob- ported and moves to his wife’s home It is clear to me that this family has ert and Alice merit Congress’ special country, Taiwan, he will face discrimi- embraced the American dream. Enact- consideration and the extraordinary re- nation on account of his nationality. ment of the legislation I have reintro- lief provided by private legislation. Robert does not speak Taiwanese, and duced today will enable the Arreolas to Robert and Alice have been living in he worries about how he would pursue continue to make significant contribu- San Bruno, California, for the last 27 mental health treatment in a foreign tions to their community as well as the years. Robert is a national and refugee country. United States. from Laos, and Alice is originally from Robert and Alice have worked since I ask my colleagues to support this Taiwan. They have three children who 1993 to resolve their immigration sta- private bill. are all United States citizens. I am tus. They filed for relief from deporta- Mr. President, I ask unanimous con- concerned that forcing Robert and tion; however, it took nearly five years sent that the text of the bill be printed Alice to return to their home countries for the Immigration and Naturaliza- in the RECORD. would tear this family apart and cause tion Service, INS, to act on the case. There being no objection, the text of immense and unwarranted hardship to By the time their case went through in the bill was ordered to be printed in them and their children. 1997, the immigration laws had changed the RECORD, as follows: Robert and Alice have called Cali- and the Liangs were no longer eligible S. 441 fornia their home since they first en- for relief. I supported these changes, Be it enacted by the Senate and House of Rep- tered the United States in 1983. They set forth in the Illegal Immigration Re- resentatives of the United States of America in came here legally on tourist visas. form and Immigrant Responsibility Congress assembled, They face deportation today because Act of 1996. But, I also believe there SECTION 1. ADJUSTMENT OF STATUS. they remained in the United States may be situations worthy of special (a) IN GENERAL.—Notwithstanding any past the terms of their visas, and be- other provision of law or any order, for the consideration. purposes of the Immigration and Nationality cause their attorney failed to handle Robert and Alice Liang represent one Act (8 U.S.C. 1101 et seq.), Esidronio Arreola- their immigration case on a timely such example. They are long-term resi- Saucedo, Maria Elna Cobian Arreola, Nayely basis before federal immigration laws dents of the United States. Their chil- Arreola Carlos, and Cindy Jael Arreola shall changed in 1996. dren are all U.S. citizens. The Immi- be deemed to have been lawfully admitted In many ways, the Liang family rep- gration Judge that presided over the to, and remained in, the United States, and resents a uniquely American success appeal of this case determined that shall be eligible for issuance of an immigrant story. Robert was born in Laos, but visa or for adjustment of status under sec- Robert and Alice would have qualified fled the country as a teenager after his for relief from deportation, in light of tion 245 of the Immigration and Nationality mother was killed by Communists. He Act (8 U.S.C. 1255). these positive factors, had the INS (b) APPLICATION AND PAYMENT OF FEES.— witnessed many traumatic experiences given their case timely consideration. Subsection (a) shall apply only if the appli- in his youth, including the attack that Unfortunately, their immigration case cations for issuance of immigrant visas or killed his mother and frequent episodes took nearly five years to move forward. the applications for adjustment of status are of wartime violence. He routinely wit- filed with appropriate fees not later than 2 nessed the brutal persecution and A private bill is the only way for years after the date of the enactment of this deaths of others in his village in Laos. both Robert and Alice to remain in the Act. In 1975, he was granted refugee status United States together with their fam- (c) REDUCTION OF IMMIGRANT VISA NUM- ily. They have worked extraordinarily BERS.—Upon the granting of immigrant visas in Taiwan. Robert and his wife risked everything hard to make the United States their to Esidronio Arreola-Saucedo, Maria Elna home. I believe Robert and Alice de- Cobian Arreola, Nayely Arreola Carlos, and to come to the United States. Despite Cindy Jael Arreola, the Secretary of State the challenges of their past, they built serve the relief provided by a private shall instruct the proper officer to reduce by a family in California and established a bill. 4, during the current or subsequent fiscal place for themselves in the local com- I respectfully ask my colleagues to year, the total number of immigrant visas munity. They are homeowners. They support this private relief bill on behalf that are made available to natives of the own a successful business, Fong Yong of the Liangs. country of birth of Esidronio Arreola- Mr. President, I ask unanimous con- Saucedo, Marina Elna Cobian Arreola, Restaurant. They file annual income Nayely Arreola Carlos, and Cindy Jael taxes and are financially stable. sent that the text of the bill be printed Arreola under section 203(a) of the Immigra- Robert and Alice support their three in the RECORD. tion and Nationality Act (8 U.S.C. 1153(a)) or, children, Wesley, Bruce, and Eva, who There being no objection, the text of if applicable, the total number of immigrant are all American citizens. Wesley is the bill was ordered to be printed in visas that are made available to natives of now 18 years old and studying at City the RECORD, as follows: the country of birth of Esidronio Arreola- College of San Francisco. The younger S. 442 Saucedo, Maria Elna Cobian Arreola, Nayely children, Bruce and Eva, attend schools Arreola Carlos, and Cindy Jael Arreola under in the San Bruno area and continue to Be it enacted by the Senate and House of Rep- section 202(e) of such Act (8 U.S.C. 1152(c)). resentatives of the United States of America in (d) PAYGO.—The budgetary effects of this do well in their classes. Congress assembled, Act, for the purpose of complying with the There are many reasons to believe SECTION 1. ADJUSTMENT OF STATUS. Statutory Pay-As-You-Go-Act of 2010, shall that deporting Robert and Alice would be determined by reference to the latest have a harmful impact on the children, (a) IN GENERAL.—Notwithstanding any statement titled ‘‘Budgetary Effects of who have all of their ties to the United other provision of law or any order, for the PAYGO Legislation’’ for this Act, submitted purposes of the Immigration and Nationality States. Deportation would either break Act (8 U.S.C. 1101 et seq.), Robert Liang and for printing in the Congressional Record by this family apart or force them to relo- the Chairman of the Senate Budget Com- Alice Liang shall be deemed to have been mittee, provided that such statement has cate to a country entirely foreign to lawfully admitted to, and remained in, the been submitted prior to the vote on passage. the one they know to be home. United States, and shall be eligible for The Immigration Judge who presided issuance of an immigrant visa or for adjust- By Mrs. FEINSTEIN: over Robert and Alice’s case in 1997 ment of status under section 245 of the Immi- S. 442. A bill for the relief of Robert also concluded that Robert and Alice’s gration and Nationality Act (8 U.S.C. 1255). Liang and Alice Liang; to the Com- deportation would adversely impact (b) APPLICATION AND PAYMENT OF FEES.— mittee on the Judiciary. the Liang children. Subsection (a) shall apply only if the appli- Moreover, Robert would face signifi- cations for issuance of immigrant visas or Mrs. FEINSTEIN. Mr. President, I the applications for adjustment of status are rise to reintroduce private relief legis- cant hurdles if deported, having fled filed with appropriate fees not later than 2 lation for Robert Kuan Liang and his Laos as a refugee more than 27 years years after the date of the enactment of this wife, Chun-Mei, ‘‘Alice’’, Hsu-Liang. ago. The emotional impact of the war- Act. I first introduced a private bill for time violence Robert experienced at a (c) REDUCTION OF IMMIGRANT VISA NUM- Robert and Alice in 2003. Since then young age was traumatic and con- BERS.—Upon the granting of immigrant visas

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1132 CONGRESSIONAL RECORD — SENATE March 2, 2011 to Robert Liang and Alice Liang, the Sec- point, he received an approved labor Patricia W. Chang, a long-time com- retary of State shall instruct the proper offi- certification. However, his case could munity leader in California and cur- cer to reduce by 2, during the current or sub- not be finalized due to poor timing and rent CEO of Feed the Hunger, writes: sequent fiscal year, the total number of im- a lengthy immigration process. It took migrant visas that are made available to na- ‘‘Asking Mr. Urenda to leave the tives of the country of birth of Robert Liang three years, for example, for his labor United States would deprive his chil- and Alice Liang under section 203(a) of the certification to be approved. By that dren of their father, an upstanding Immigration and Nationality Act (8 U.S.C. time, Javier was already in removal resident of the country. It would de- 1153(a)), or, if applicable, the total number of proceedings and his case is now closed. prive the community of an active par- immigrant visas that are made available to During consideration of Javier’s case, ticipant, leader, and volunteer.’’ natives of the country of birth of Robert the Ninth Circuit Court of Appeals ac- Judy Patrick, President/CEO of the Liang and Alice Liang under section 202(e) of knowledged the difficult situation Women’s Foundation of California, that Act (8 U.S.C. 1152(e)). Javier faces. The Court wrote, ‘‘We are (d) PAYGO.—The budgetary effects of this states that Javier ‘‘is a model partici- Act, for the purpose of complying with the not unmindful of the unique and ex- pant in this society.’’ Statutory Pay-As-You-Go-Act of 2010, shall tremely sympathetic circumstances of Clearly, Javier and Leticia have be determined by reference to the latest this case. By all accounts, Petitioner earned the admiration of their commu- statement titled ‘‘Budgetary Effects of has been an exemplary father, em- nity here in the United States. They PAYGO Legislation’’ for this Act, submitted ployee, and member of his local com- are the loving parents of three Amer- for printing in the Congressional Record by munity. If he were to be deported, he ican children. Javier is a valued em- the Chairman of the Senate Budget Com- would be separated from his wife, three ployee at Full Bloom Baking Company. mittee, provided that such statement has U.S. citizen children, and the life he This family shows great potential, and been submitted prior to the vote on passage.– has worked so hard to build over the I believe it is in our Nation’s best in- By Mrs. FEINSTEIN: past 17 years. In light of the unfortu- terest to allow them to remain here S. 443. A bill for the relief of Javier nate sequence of events leading up this with their children and to continue Lopez-Urenda and Maria Leticia Are- juncture and Petitioner’s positive con- making significant contributions to nas; to the Committee on the Judici- tributions to society, Petitioner may California and the Nation as a whole. ary. very well be deserving of prosecutorial I respectfully ask my colleagues to Mrs. FEINSTEIN. Mr. President, I grace.’’ support this private relief bill. rise today to reintroduce a private re- Unfortunately, the Court ultimately Mr. President, I ask unanimous con- lief bill on behalf of Javier Lopez- denied the case. Javier and his wife sent that the text of the bill be printed Urenda and Maria Leticia Arenas. have no additional avenues for adjust- in the RECORD. Javier and Leticia, originally from ing their status. A private bill is the There being no objection, the text of Mexico, are the parents of three U.S. only way for them to remain in the the bill was ordered to be printed in citizen children, Bryan, age 17, Ashley, United States. the RECORD, as follows: age 13, and Nancy, age 7. This family I believe it is important to consider S. 443 lives in Fremont, California. the potentially harmful impact on Be it enacted by the Senate and House of Rep- I first introduced a bill for Javier and Javier and Maria Leticia’s three U.S. resentatives of the United States of America in Leticia in 2009, and I continue to be- citizen children, Bryan, Ashley, and Congress assembled, lieve they deserve Congress’ special Nancy, should their parents be de- SECTION 1. PERMANENT RESIDENT STATUS FOR consideration for such an extraor- ported. Bryan, Ashley, and Nancy are JAVIER LOPEZ-URENDA AND MARIA all in school in California. Javier owns LETICIA ARENAS. dinary form of relief as a private bill. (a) IN GENERAL.—Notwithstanding sub- Javier and Leticia are outstanding par- their home in Fremont. He is the sole sections (a) and (b) of section 201 of the Im- ents, volunteers, workers, and leaders financial provider for his wife and chil- migration and Nationality Act (8 U.S.C. in their community. Javier and Leticia dren, while also providing some finan- 1151), Javier Lopez-Urenda and Maria Leticia came to the United States after each cial support to extended family mem- Arenas shall each be eligible for issuance of suffered the loss of a parent. bers in Mexico. Javier and Leticia are an immigrant visa or for adjustment of sta- Leticia left Mexico at age 17 after her good parents and play active roles in tus to that of an alien lawfully admitted for mother died from cancer. Javier came their children’s lives. The Principal of permanent residence upon filing an applica- Patterson Elementary School de- tion for issuance of an immigrant visa under to the United States in 1990, at age 23, section 204 of such Act (8 U.S.C. 1154) or for several years after the murder of his scribed Javier and Leticia as ‘‘two lov- adjustment of status to lawful permanent father in Michoaca´ n, Mexico. ing and supportive parents who are resident. Javier had been living and working committed to their children’s success.’’ (b) ADJUSTMENT OF STATUS.—If Javier in the United States for over 25 years All too often, deportation separates Lopez-Urenda or Maria Leticia Arenas enter when I first learned about this case. He U.S. citizen children from their par- the United States before the filing deadline originally entered the country looking ents. In 2009, the Inspector General of specified in subsection (c), that alien shall be for work to support his extended fam- the Department of Homeland Security considered to have entered and remained ily. Today, Javier is a Manager at Full found that, in the last ten years, at lawfully and shall, if otherwise eligible, be least 108,434 immigrant parents of eligible for adjustment of status under sec- Bloom Baking Company in San Mateo, tion 245 of the Immigration and Nationality California, where he has been an em- American citizen children were re- Act (8 U.S.C. 1255) as of the date of the enact- ployee for over 18 years. In fact, Javier moved from this country. Other reports ment of this Act. was the second employee hired at Full show that deporting a parent causes (c) DEADLINE FOR APPLICATION AND PAY- Bloom when the company first began. trauma and long-lasting harm to chil- MENT OF FEES.—Subsections (a) and (b) shall Javier’s fellow co-workers at Full dren. apply only to an application for issuance of Bloom have written compelling letters Moreover, the deportation of Javier an immigrant visa or an application for ad- to me about Javier’s hard work ethic and Leticia would be a significant loss justment of status that is filed, with appro- and valuable contributions. The com- to the community. Leticia is currently priate fees, within 2 years after the date of the enactment of this Act. pany owners assert that with his help, volunteering and training for a job (d) REDUCTION OF IMMIGRANT VISA NUM- the company grew to be one of the with Bay Area Women Against Rape in BER.—Upon the granting of an immigrant largest commercial bakeries in the Bay Oakland, which provides services to visa or permanent residence to Javier Lopez- Area, today employing approximately survivors of sexual assault. She is also Urenda and Maria Leticia Arenas, the Sec- 385 people. a certified health promoter and volun- retary of State shall instruct the proper offi- They write that Javier is a mentor to teer at Vazquez Health Center in Fre- cer to reduce by two, during the current or others and maintains a ‘‘tremendous mont. next following fiscal year, the total number amount of ‘institutional knowledge’ Javier’s community involvement is of immigrant visas that are made available that can never be replaced.’’ One of his just as impressive. He has volunteered to natives of the country of the aliens’ birth under section 203(a) of the Immigration and co-workers wrote, ‘‘Without Javier at with the Women’s Foundation of Cali- Nationality Act (8 U.S.C. 1153(a)) or, if appli- the bakery, the lives of hundreds of fornia, Lance Armstrong’s Livestrong cable, the total number of immigrant visas people will change.’’ Foundation, the Saint Patrick Proto that are made available to natives of the Javier made attempts to legalize his Cathedral Parish, the American Red country of the aliens’ birth under section status in the United States. At one Cross, and the California AIDS Ride. 202(e) of such Act (8 U.S.C. 1152(e)).

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1133 (e) PAYGO.—The budgetary effects of this In addition to the hardship that 1151), Shirley Constantino Tan shall be eligi- Act, for the purpose of complying with the would come to Shirley if she is de- ble for issuance of an immigrant visa or for Statutory Pay-As-You-Go-Act of 2010, shall ported, Shirley’s deportation would be adjustment of status to that of an alien law- be determined by reference to the latest a serious hardship to her two United fully admitted for permanent residence upon statement titled ‘‘Budgetary Effects of filing an application for issuance of an immi- PAYGO Legislation’’ for this Act, submitted States citizen children, Jashley and grant visa under section 204 of such Act (8 for printing in the Congressional Record by Joreine, who are minors. U.S.C. 1154) or for adjustment of status to the Chairman of the Senate Budget Com- Jashley and Joreine are currently at- lawful permanent resident. mittee, provided that such statement has tending Terra Nova High School in (b) ADJUSTMENT OF STATUS.—If Shirley been submitted prior to the vote on passage. Pacifica, California, where they con- Constantino Tan enters the United States tinue to be excellent students on the before the filing deadline specified in sub- By Mrs. FEINSTEIN: honor roll. The children are involved in section (c), she shall be considered to have S. 444. A bill for the relief of Shirley their school’s music program, playing entered and remained lawfully and shall, if Constantino Tan; to the Committee on otherwise eligible, be eligible for adjustment the clarinet and the flute. The chil- of status under section 245 of the Immigra- the Judiciary. dren’s teacher wrote a letter to me in Mrs. FEINSTEIN. Mr. President, tion and Nationality Act (8 U.S.C. 1255) as of which she described Shirley’s involve- the date of the enactment of this Act. today, I am introducing a bill for the ment in Jashley and Joreine’s lives, re- (c) DEADLINE FOR APPLICATION AND PAY- private relief of Shirley Constantino ferring to Shirley as a ‘‘model’’ parent MENT OF FEES.—Subsections (a) and (b) shall Tan. Shirley is a Filipina national liv- and describing her active role in the apply only if the application for issuance of ing in Pacifica, California. She is the school community. In addition to car- an immigrant visa or the application for ad- proud mother of 14–year-old U.S. citing for her two children, Shirley is the justment of status is filed with appropriate fees within 2 years after the date of the en- izen twin boys, Jashley and Joreine, primary caregiver for her elderly and the spouse of Jay Mercado, a natu- actment of this Act. mother-in-law. (d) REDUCTION OF IMMIGRANT VISA NUM- ralized U.S. citizen. If Shirley were forced to leave the I believe Shirley merits Congress’ BER.—Upon the granting of an immigrant United States, her family has expressed visa or permanent residence to Shirley special consideration for this extraor- that they would go with Shirley to the Constantino Tan, the Secretary of State dinary form of relief because I believe Philippines or try and find a third shall instruct the proper officer to reduce by her removal from the United States country where the entire family could one, during the current or next following fis- would cause undue hardship for her and relocate. This would mean that Jashley cal year, the total number of immigrant visas that are made available to natives of her family. Shirley faces deportation and Joreine would have to leave behind to the Philippines, which would sepa- the country of the alien’s birth under section their education and the only home 203(a) of the Immigration and Nationality rate her from her family and jeopardize they know in the United States. her safety. Act (8 U.S.C. 1153(a)) or, if applicable, the While Shirley and Jay are legally total number of immigrant visas that are Shirley experienced horrific violence married under California law at this made available to natives of the country of in the Philippines before she left to time, Shirley cannot legally adjust her the alien’s birth under section 202(e) of such come to the United States. When Shir- immigration status through the reg- Act (8 U.S.C. 1152(e)). ley was only 14 years old, her cousin ular family-based immigration proce- (e) PAYGO.—The budgetary effects of this murdered her mother and her sister dures. Act, for the purpose of complying with the and shot Shirley in the head. While the Statutory Pay-As-You-Go-Act of 2010, shall I do not believe it is in our Nation’s be determined by reference to the latest cousin who committed the murders was best interest to force this family, with eventually prosecuted, he received a statement titled ‘‘Budgetary Effects of two United States citizen children, to PAYGO Legislation’’ for this Act, submitted short jail sentence. Fearing for her make the choice between being sepa- for printing in the Congressional Record by safety, Shirley fled the Philippines just rated and relocating to a country the Chairman of the Senate Budget Com- before her cousin was due to be re- where they may face safety concerns or mittee, provided that such statement has leased from jail. She entered the other serious hardships. been submitted prior to the vote on passage. United States legally on a visitor’s visa Shirley and her family are involved By Mrs, FEINSTEIN: in 1989. in their community in Pacifica and S. 445. A bill for the relief of Jorge Shirley’s current deportation order is own their own home. The family at- Rojas Gutierrez, Oliva Gonzalez Gon- the result of negligent counsel. Shirley tends Good Shepherd Catholic Church, zalez, and Jorge Rojas Gonzalez; to the applied for asylum in 1995. While her volunteering for the church and the Committee on the Judiciary. case appeal was pending at the Board Mother Theresa of Calcutta’s Daugh- Mrs. FEINSTEIN. Mr. President, of Immigration Appeals, her attorney ters of Charity. Shirley has the support today I am reintroducing a private re- failed to submit a brief to support her of dozens of members of her commu- lief bill on behalf of Jorge Rojas case. As a result, the case was dis- nity who shared with me the family’s Gutierrez, his wife, Oliva Gonzalez missed, and the Board of Immigration spirit of commitment to their commu- Gonzalez, and their son, Jorge Rojas Appeals granted Shirley voluntary de- nity. Gonzalez. The Rojas family, originally parture from the United States. Enactment of the legislation I am in- from Mexico, is living in the San Jose Shirley never received notice that troducing on behalf of Shirley today area of California. the Board of Immigration Appeals will enable this entire family to con- The story of the Rojas family is com- granted her voluntary departure. Shir- tinue their lives in California and pelling, and I believe they merit Con- ley’s attorney moved offices, did not make positive contributions to their gress’ special consideration for such an receive the order, and ultimately never community. extraordinary form of relief as a pri- informed her of the order. As a result, I ask my colleagues to support this vate bill. Shirley did not depart the United private bill. Jorge and his wife, Oliva, originally States and the grant of voluntary de- Mr. President, I ask unanimous con- came to the United States in 1990 when parture automatically became a depor- sent that the text of the bill be printed tation order. Shirley learned about the their son Jorge Rojas, Jr. was just 2 in the RECORD. years old. In 1995, they left the country deportation order for the first time on There being no objection, the text of to attend a funeral, and then re-en- January 28, 2009, when Immigration the bill was ordered to be printed in and Customs Enforcement agents took tered the United States on visitor’s the RECORD, as follows: her into immigration custody. visas. Because of her attorney’s negligent S. 444 The family has since expanded to in- actions, Shirley was denied the oppor- Be it enacted by the Senate and House of Rep- clude two sons, Alexis Rojas, now 18 tunity to present her case in U.S. im- resentatives of the United States of America in years old, Matias, now a year old, a Congress assembled, migration proceedings. Shirley later daughter Tania Rojas, now age 16, and SECTION 1. PERMANENT RESIDENT STATUS FOR filed a complaint with the State Bar of SHIRLEY CONSTANTINO TAN. a granddaughter, Mina Rojas, who is California against her former attorney. (a) IN GENERAL.—Notwithstanding sub- less than a year old. She is not the first person to file such sections (a) and (b) of section 201 of the Im- The Rojas family first attempted to a complaint against this attorney. migration and Nationality Act (8 U.S.C. legalize their status in the United

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1134 CONGRESSIONAL RECORD — SENATE March 2, 2011 States when an unscrupulous immigra- them as ‘‘fantastic, wonderful and gift- Statutory Pay-As-You-Go-Act of 2010, shall tion consultant, who was not an attor- ed’’ students. be determined by reference to the latest ney, advised them to apply for asylum. It seems so clear to me that this fam- statement titled ‘‘Budgetary Effects of ily has embraced the American dream PAYGO Legislation’’ for this Act, submitted Unfortunately, without proper legal for printing in the Congressional Record by guidance, this family did not realize at and their continued presence in our the Chairman of the Senate Budget Com- the time that they lacked a valid basis country would do so much to enhance mittee, provided that such statement has for asylum. The asylum claim was de- the values we hold dear. been submitted prior to the vote on passage. nied in 2008, leaving the Rojas family When I first introduced this bill, I re- with no further options to legalize ceived dozens of letters from the com- By Mrs. FEINSTEIN: their status. munity in Northern California in sup- S. 446. A bill for the relief of Ruben Since their arrival in the United port of this family. Enactment of the Mkoian, Asmik Karapetian, and Arthur States more than 20 years ago, the legislation I have reintroduced today Mkoyan; to the Committee on the Ju- Rojas family has demonstrated a ro- will enable the Rojas family to con- diciary. bust work ethic and a strong commit- tinue to make significant contribu- Mrs. FEINSTEIN. Mr. President, I ment to their community in California. tions to their community as well as the rise to reintroduce private relief legislation in the 112th Congress on behalf They have paid their taxes and worked United States. of Ruben Mkoian, Asmik Karapetian, hard to contribute to this country. I ask my colleagues to support this and their son, Arthur Mkoyan. The Jorge is a hard-working individual private bill. Mkoian family has been living in Fres- who has been employed by Valley Crest Mr. President, I ask unanimous con- no, California, for over 15 years. I con- Landscape Maintenance in San Jose, sent that the text of the bill be printed tinue to believe this family deserves California, for the past 16 years. Cur- in the RECORD. Congress’ special consideration for rently, he works on commercial land- There being no objection, the text of such an extraordinary form of relief as scaping projects. Jorge is well-re- the bill was ordered to be printed in a private bill. spected by his supervisor and his peers. the RECORD, as follows: The Mkoian family is originally from In addition to supporting his family, S. 445 Armenia. They decided to leave Arme- Jorge has volunteered his time to pro- Be it enacted by the Senate and House of Rep- nia for the United States in the early vide modern green landscaping and resentatives of the United States of America in 1990s, following several incidents in building projects at his children’s Congress assembled, which the family experienced van- school in California. He is active in his SECTION 1. PERMANENT RESIDENT STATUS FOR dalism and threats to their well-being. neighborhood association, working JORGE ROJAS GUTIERREZ, OLIVA In Armenia, Ruben worked as a po- with his neighbors to open a library GONZALEZ GONZALEZ, AND JORGE ROJAS GONZALEZ. lice sergeant on vehicle licensing. At and community center in their commu- (a) IN GENERAL.—Notwithstanding sub- one point, he was offered a bribe to reg- nity. sections (a) and (b) of section 201 of the Im- ister stolen vehicles, which he refused Oliva, in addition to raising her three migration and Nationality Act (8 U.S.C. and reported to his superior, the police children, has also been very active in 1151), Jorge Rojas Gutierrez, Oliva Gonzalez chief. He later learned that a co-worker the local community. She works to Gonzalez, and Jorge Rojas Gonzalez shall had gone ahead and registered the vehi- help other immigrants assimilate to each be eligible for the issuance of an immi- cles at the request of the chief. American life by acting as a translator grant visa or for adjustment of status to that Several disturbing incidents occurred of an alien lawfully admitted for permanent and a tutor for immigrant children in after Ruben reported the bribe offer to local schools and after school programs residence upon filing an application for issuance of an immigrant visa under section illegally register vehicles. Ruben’s in Northern California. 204 of such Act (8 U.S.C. 1154) or for adjust- store was vandalized; after he said he Before her youngest son was born, ment of status to lawful permanent resident. would call the police, he received Oliva volunteered with the People Act- (b) ADJUSTMENT OF STATUS.—If Jorge Rojas threatening phone calls telling him to ing in Community Together, PACT, or- Gutierrez, Oliva Gonzalez Gonzalez, or Jorge keep quiet. At one point, the Mkoians ganization, where she worked to pre- Rojas Gonzalez enters the United States be- suffered the loss of their home when a vent crime, gangs and drug dealing in fore the filing deadline specified in sub- bottle of gasoline was thrown into section (c), Jorge Rojas Gutierrez, Oliva San Jose neighborhoods and schools. their residence, burning it to the Both Jorge and Oliva are active vol- Gonzalez Gonzalez, or Jorge Rojas Gonzalez, as appropriate, shall be considered to have ground. In April 1992, several men en- unteers with the Second Harvest Food entered and remained lawfully in the United tered the family store and assaulted Bank, assisting in distributing food to States and shall be eligible for adjustment of Ruben, hospitalizing him for 22 days. the needy at a community center. status under section 245 of the Immigration Ruben, Asmik, and their three-year- Perhaps one of the most compelling and Nationality Act (8 U.S.C. 1255) as of the old son, Arthur, left Armenia soon reasons for permitting the Rojas fam- date of the enactment of this Act. thereafter and entered the United ily to remain in the United States is (c) DEADLINE FOR APPLICATION AND PAY- States on visitor visas. They applied the impact that their deportation MENT OF FEES.—Subsections (a) and (b) shall for political asylum in 1992 on the apply only if the application for the issuance would have on their three children. grounds that they would be subject to Two of the Rojas children, Alexis and of an immigrant visa or the application for adjustment of status is filed with appro- physical attacks if returned to Arme- Tania, are American citizens. Jorge priate fees not later than 2 years after the nia. It took 16 years for their case to be Rojas, Jr. has lived in the United date of the enactment of this Act. finalized, and the Ninth Circuit Court States since he was a toddler. (d) REDUCTION OF IMMIGRANT VISA NUM- of Appeals denied their asylum case in For Alexis, Tania, and Jorge, this BERS.—Upon granting an immigrant visa or January 2008. country is the only country they really permanent residence to Jorge Rojas Gutier- At this time, Ruben, Asmik, and Ar- know. rez, Oliva Gonzalez Gonzalez, and Jorge thur have exhausted every option to re- Jorge Rojas, Jr., who entered the Rojas Gonzalez, the Secretary of State shall main legally in the United States. United States as an infant with his instruct the proper officer to reduce by 3, The Mkoians have worked hard to during the current or subsequent fiscal year, parents, recently became a father. He the total number of immigrant visas that are build a place for their family in Cali- is now 22 years old and working at a made available to natives of the country of fornia. Ruben works as a truck driver job that allows him to support his birth of Jorge Rojas Gutierrez, Oliva Gon- for a California trucking company. He daughter, Mina. Jorge graduated from zalez Gonzalez, and Jorge Rojas Gonzalez has been described as ‘‘trustworthy,’’ Del Mar High School in 2007 and is tak- under section 203(a) of the Immigration and ‘‘knowledgeable,’’ and an asset to the ing classes at San Jose City College. Nationality Act (8 U.S.C. 1153(a)) or, if appli- company. Asmik has completed train- Alexis, age 18, graduated from Del cable, the total number of immigrant visas ing at a local community college and is Mar High School and is now a student that are made available to natives of the now a full-time medical assistant with at West Valley College in Saratoga, country of birth of Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and Jorge Rojas Fresno Shields Medical Group. California. He is interested in studying Gonzalez under section 202(e) of such Act (8 The Mkoians attend St. Paul Arme- linguistics. Tania, age 16, still attends U.S.C. 1152(e)). nian Apostolic Church in Fresno. They Del Mar High School and plans to grad- (e) PAYGO.—The budgetary effects of this do charity work to send medical equip- uate next year. Their teachers describe Act, for the purpose of complying with the ment to Armenia. Asmik also teaches

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1135 Armenian School on Saturdays at the 1151), Ruben Mkoian, Asmik Karapetian, and as a reliable and cool-headed coworker, church. Arthur Mkoyan shall each be eligible for the and as ‘‘an exemplary employee’’ who I would particularly like to highlight issuance of an immigrant visa or for adjust- not only is ‘‘good at his job but is also the achievements of the Ruben and ment of status to that of an alien lawfully a great boss to his subordinates.’’ admitted for permanent residence upon fil- Asmik’s two children, Arthur and ing an application for issuance of an immi- He and his wife, Micaela, call San Arsen, who were raised in California grant visa under section 204 of such Act (8 Francisco home. Micaela works as a and have been recognized publicly for U.S.C. 1154) or for adjustment of status to housekeeper. They have three daugh- their scholastic achievements. lawful permanent resident. ters, two of whom are United States I first introduced a private bill for (b) ADJUSTMENT OF STATUS.—If Ruben citizens. Their oldest child Adilene, age this family on Arthur’s high school Mkoian, Asmik Karapetian, or Arthur 22, is undocumented. Adilene graduated graduation day. Despite being undocu- Mkoyan enters the United States before the from the Immaculate Conception Acad- mented, Arthur maintained a 4.0 grade filing deadline specified in subsection (c), emy and attended San Francisco City point average in high school and was a Ruben Mkoian, Asmik Karapetian, or Arthur Mkoyan, as appropriate, shall be considered College. She is now studying nursing at valedictorian for the class of 2008. Ar- to have entered and remained lawfully in the Los Medranos College. thur, now 20 years old, is in his third United States and shall be eligible for ad- The Martinez’s second daughter, year at the University of California, justment of status under section 245 of the Jazmin, is a senior at Leadership High Davis. He is studying biochemistry, Immigration and Nationality Act (8 U.S.C. School and has applied to attend sev- maintains excellent grades, and was on 1255) as of the date of the enactment of this eral Universities in California. Jazmin the Dean’s Merit List again this past Act. is a United States citizen and has been quarter. (c) APPLICATION AND PAYMENT OF FEES.— diagnosed with asthma. According to Arthur’s brother, Arsen, is 14 years Subsections (a) and (b) shall apply only if the her doctor, if the family returns to application for the issuance of an immigrant old and a United States citizen. He is visa or the application for adjustment of sta- Mexico, the high altitude and air pollu- currently a freshman at Bullard High tus is filed with appropriate fees not later tion in Mexico City could be fatal to School in Fresno, where he does well in than 2 years after the date of the enactment Jazmin. his classes, maintaining a 3.9 grade of this Act. The Martinez family attempted to le- point average. (d) REDUCTION OF IMMIGRANT VISA NUM- galize their status through several I believe Arthur and Arsen are two BERS.—Upon granting an immigrant visa or channels. young individuals with great potential permanent resident status to Ruben Mkoian, In 2001, Jose’s sister, who has legal here in the United States. Like their Asmik Karapetian, and Arthur Mkoyan, the status, petitioned for Jose to get a Secretary of State shall instruct the proper green card. However, the current green parents, they have demonstrated their officer to reduce by 3, during the current or commitment to working hard—and subsequent fiscal year, the total number of card backlog for siblings from Mexico they are succeeding. They clearly as- immigrant visas that are made available to is long, and it will be many years be- pire to do great things here in the natives of the country of birth of Ruben fore Jose will be eligible to legalize his United States. Mkoian, Asmik Karapetian, and Arthur status though his sister. It has been more than 18 years since Mkoyan under section 203(a) of the Immigra- In 2002, the Martinez family applied Ruben, Asmik, and Arthur left Arme- tion and Nationality Act (8 U.S.C. 1153(a)) or, for political asylum. Their application nia. This family has few family mem- if applicable, the total number of immigrant was denied. An immigration judge de- bers and virtually no supporting con- visas that are made available to natives of nied their subsequent application for the country of birth of Ruben Mkoian, tacts in Armenia. They invested their Asmik Karapetian, and Arthur Mkoyan cancellation of removal because he time, resources, and effort in order to under section 202(e) of such Act (8 U.S.C. could not find the ‘‘requisite hardship’’ remain in the United States legally, to 1152(e)). required for this form of immigration no avail. A private relief bill is the (e) PAYGO.—The budgetary effects of this relief. Ironically, the immigration only means to prevent them from being Act, for the purpose of complying with the judge who reviewed their case found forced to return to a country that long Statutory Pay-As-You-Go-Act of 2010, shall that Jose’s culinary ability was a nega- ago became a closed chapter of their be determined by reference to the latest tive factor weighing against keeping statement titled ‘‘Budgetary Effects of the family in the United States, find- past. PAYGO Legislation’’ for this Act, submitted When I first introduced a bill on be- for printing in the Congressional Record by ing that Jose’s skills indicated that he half of the Mkoian family in 2008, I re- the Chairman of the Senate Budget Com- could find a job in Mexico. ceived written endorsements from Rep- mittee, provided that such statement has Finally, Daniel Scherotter, the exec- resentatives George Radanovich, R–CA, been submitted prior to the vote on passage. utive chef and owner of Palio D’Asti, and JIM COSTA, D–CA, in strong support petitioned for legal status for Jose of the family. I also received more than By Mrs. FEINSTEIN: based upon Jose’s unique skills as a 200 letters of support and dozens of S. 447. A bill for the relief of Jose chef. Even though U.S. Citizenship and calls of support from friends and com- Alberto Martinez Moreno, Micaela Immigration Services approved Jose’s munity members, attesting to the posi- Lopez Martinez, and Adilene Martinez; work petition, there is a backlog for tive impact that this family has had in to the Committee on the Judiciary. employment based visas and it may be Fresno California. Mrs. FEINSTEIN. Mr. President, many years before Jose can get a visa. I believe that this case warrants our today I am reintroducing private im- Until then, he and his family remain compassion and our extraordinary con- migration relief legislation to provide subject to deportation. sideration. I respectfully ask my col- lawful permanent resident status to Jose, Micaela, and their daughter, leagues to support this private legisla- Jose Alberto Martinez Moreno, Micaela Adilene, have no other administrative tion on behalf of the Mkoian family. Lopez Martinez, and their daughter, options to legalize their status. If they Mr. President, I ask unanimous con- Adilene Martinez. This family is origi- are deported, they will face a several- sent that the text of the bill be printed nally from Mexico but has been living year ban from returning to the United in the RECORD. in California for twenty years. I believe States. Jose and Micaela will be sepa- There being no objection, the text of they merit Congress’ special consider- rated from their American citizen-chil- the bill was ordered to be printed in ation for this extraordinary form of re- dren and their community. the RECORD, as follows: lief. The Martinez family has become an S. 446 When Jose came to the United States integral part of their community in Be it enacted by the Senate and House of Rep- from Mexico, he began working as a California. They are active in their resentatives of the United States of America in busboy in restaurants in San Fran- faith community and their children’s Congress assembled, cisco, California. In 1990, he started schools. They volunteer with commu- SECTION 1. PERMANENT RESIDENT STATUS FOR working as a cook at Palio D’Asti, an nity-based organizations and are, in RUBEN MKOIAN, ASMIK award-winning Italian restaurant in turn, supported by their community. KARAPETIAN, AND ARTHUR MKOYAN. San Francisco. When I first introduced this bill, I re- (a) IN GENERAL.—Notwithstanding sub- Jose worked his way through the ceived dozens of letters of support from sections (a) and (b) of section 201 of the Im- ranks, eventually becoming Palio’s their fellow parishioners, teachers, and migration and Nationality Act (8 U.S.C. sous chef. His colleagues describe him members of their community.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1136 CONGRESSIONAL RECORD — SENATE March 2, 2011 The Martinez family truly embraces I decided to introduce a private bill risks of drinking and driving and sexu- the American dream. Jose worked his on Steve’s behalf because I believe that ally transmitted diseases. way through the restaurant industry to Steve would suffer undue hardship if he Steve graduated high school in 2008 become a chef and an indispensable em- were removed to Peru. Without this and enrolled at City College of San ployee at a renowned restaurant. legislation, Steve would be separated Francisco to pursue a career in nurs- Adelene worked hard in high school from his family and his community, ing. City College of San Francisco and is now attending college. and returned to a country he does not awarded Steve the Goldman Scholar- I believe the Martinez family’s pres- know. ship to cover the cost of his tuition. ence in the United States allows them Steve was only 12 years old when his Steve has continued his active involve- to continue making significant con- parents brought him to the United ment in his community, joining the tributions to their community in Cali- States. Steve’s parents are Chinese na- Asian American Student Success Cen- fornia. tionals who originally fled China to es- ter, as well as the Science, Technology, I ask my colleagues to support this cape economic oppression and the Chi- Engineering and Mathematics Pro- private bill. nese government’s policies on repro- gram, which is a 2-year outreach and Mr. President, I ask unanimous con- ductive rights. From China, his parents educational support program. sent that the text of the bill be printed went to Peru, where Steve was born. Steve continued his commitment to in the RECORD. The family then sought asylum in academic achievement when he at- There being no objection, the text of the United States, which was denied. tended the San Francisco State Univer- the bill was ordered to be printed in Steve was ordered removed to Peru, sity Summer Science Institute, which the RECORD, as follows: where he was born, while his parents provided a year-long internship to pre- S. 447 were ordered removed to China, the pare him for a career in health care Be it enacted by the Senate and House of Rep- country of their nationality. Steve’s upon his graduation from college. resentatives of the United States of America in parents would not be able to accom- Educators working with Steve high- Congress assembled, pany their son to Peru. light his potential for giving back to SECTION 1. ADJUSTMENT OF STATUS. Steve’s parents never told him about the United States, while Steve’s friends (a) IN GENERAL.—Notwithstanding any the asylum denial or the removal or- and other community members have other provision of law, for the purposes of ders. Steve did not know that he was in contacted me about the impact his the Immigration and Nationality Act (8 the United States illegally, and he compassion and helpfulness has had on U.S.C. 1101 et seq.), Jose Alberto Martinez went through all of his teenage years the community. Steve’s teachers call Moreno, Micaela Lopez Martinez, and in the United States believing he was him a ‘‘great student,’’ ‘‘hard work- Adilene Martinez shall each be deemed to ing,’’ ‘‘an exceptional student,’’ and have been lawfully admitted to, and re- legally allowed to be here. He did not learn about his deportation order until ‘‘goal directed.’’ mained in, the United States, and shall be el- This private bill is an opportunity for igible for adjustment of status to that of an one morning this past September when Steve to finish his education and re- alien lawfully admitted for permanent resi- Immigration and Customs Enforcement main in the country he considers his dence under section 245 of the Immigration agents arrived at his home and took only home. If he were forced to relo- and Nationality Act (8 U.S.C. 1255) upon fil- him into custody. ing an application for such adjustment of All too often, youngsters like Steve cate to Peru, his education would be status. are put in the position of being re- cut short, and Steve would be sent to a (b) APPLICATION AND PAYMENT OF FEES.— place where he knows no one. I believe Subsection (a) shall apply only if the appli- turned to a country they do not know. These young people did not make the that, by staying in California, Steve cation for adjustment of status is filed with will only continue to serve his commu- choice to come to the United States appropriate fees not later than 2 years after nity and serve this country as a health the date of the enactment of this Act. but were brought to this country by care professional. (c) REDUCTION OF IMMIGRANT VISA NUM- their parents. Many of these young I ask my colleagues to support this BERS.—Upon the granting of permanent resi- people grew up in America and have private bill. dent status to Jose Alberto Martinez little or no memory of the countries Moreno, Micaela Lopez Martinez, and Mr. President, I ask unanimous con- Adilene Martinez, the Secretary of State they came from. They are hard work- sent that the text of the bill be printed ing young people dedicated to their shall instruct the proper officer to reduce by in the RECORD. 3, during the current or subsequent fiscal education. They have stayed out of There being no objection, the text of year, the total number of immigrant visas trouble. Some are valedictorians and the bill was ordered to be printed in that are made available to natives of the honor roll students. Many are commu- the RECORD, as follows: country of the birth of Jose Alberto Mar- nity leaders and have an unwavering S. 448 tinez Moreno, Micaela Lopez Martinez, and commitment to serving the United Adilene Martinez under section 202(e) or Be it enacted by the Senate and House of Rep- States. resentatives of the United States of America in 203(a) of the Immigration and Nationality I hoped that the Senate would pass Act (8 U.S.C. 1152(e) and 1153(a)), as applica- Congress assembled, ble. the DREAM Act last year to provide SECTION 1. PERMANENT RESIDENT STATUS FOR (d) PAYGO.—The budgetary effects of this qualified young people the opportunity SHING MA ‘‘STEVE’’ LI. Act, for the purpose of complying with the to contribute to this country and their (a) IN GENERAL.—Notwithstanding any Statutory Pay-As-You-Go-Act of 2010, shall communities. Unfortunately, the bill other provision of law or any order, for pur- be determined by reference to the latest fell short of the 60 votes it needed to poses of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Shing Ma ‘‘Steve’’ statement titled ‘‘Budgetary Effects of move forward. I hope the Senate will PAYGO Legislation’’ for this Act, submitted Li shall be— one day pass the DREAM Act. The leg- (1) deemed to have been lawfully admitted for printing in the Congressional Record by islation I am introducing today will the Chairman of the Senate Budget Com- to, and remained in, the United States; and mittee, provided that such statement has provide one of these youngsters the op- (2) eligible for issuance of an immigrant been submitted prior to the vote on passage. portunity give back to the country he visa or for adjustment of status under sec- calls home. tion 245 of such Act (8 U.S.C. 1255). By Mrs. FEINSTEIN: Steve attended George Washington (b) APPLICATION AND PAYMENT OF FEES.— High School in San Francisco, Cali- Subsection (a) shall apply only if the appli- S. 448. A bill for the relief of Shing cations for issuance of an immigrant visa or Ma ‘‘Steve’’ Li; to the Committee on fornia. While there, he was enrolled in for adjustment of status are filed, with ap- the Judiciary. the Honor’s Program and became very propriate fees, not later than 2 years after Mrs. FEINSTEIN. Mr. President, involved in his high school community. the date of the enactment of this Act. today I am introducing a private relief Steve was an athlete on the cross coun- (c) REDUCTION OF IMMIGRANT VISA NUM- bill on behalf of Shing Ma ‘‘Steve’’ Li. try and track team. He worked for the BERS.—Upon the granting of an immigrant Steve is a Peruvian national who lives school newspaper as a reporter, editor, visa to Shing Ma ‘‘Steve’’ Li, the Secretary in San Francisco, California. He was and cameraman. Demonstrating his de- of State shall instruct the proper officer to reduce by 1, during the current or next fol- brought to the United States as a child sire to educate his community on lowing fiscal year, the total number of immi- and is now a student at City College of health issues, Steve also provided pres- grant visas that are made available to na- San Francisco hoping to become a entations to other students through his tives of the country of the birth of Shing Ma nurse. high school’s wellness program on the ‘‘Steve’’ Li under—

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1137 (1) section 203(a) of the Immigration and and Sharon have built a family here, dent status to Joseph Gabra and Sharon Nationality Act (8 U.S.C. 1153(a)); or including four children who are United Kamel, the Secretary of State shall instruct (2) section 202(e) of such Act (8 U.S.C. States citizens: Jessica, age 12, Re- the proper officer to reduce by 2, during the 1152(e)), if applicable. becca, age 11, Rafael, age 10, and current or subsequent fiscal year, the total (d) PAYGO.—The budgetary effects of this number of immigrant visas that are made Act, for the purpose of complying with the Veronica, age 6. Jessica, Rebecca, and available to natives of the country of birth Statutory Pay-As-You-Go-Act of 2010, shall Rafael attend school in California and of Joseph Gabra and Sharon Kamel under be determined by reference to the latest maintain good grades. Veronica is at- section 203(a) of the Immigration and Na- statement titled ‘‘Budgetary Effects of tending kindergarten at Camarillo tionality Act (8 U.S.C. 1153(a)), or, if applica- PAYGO Legislation’’ for this Act, submitted Heights Elementary School. ble, the total number of immigrant visas for printing in the Congressional Record by Joseph and Sharon worked hard to that are made available to natives to the the Chairman of the Senate Budget Com- achieve financial security for their country of birth of Joseph Gabra and Sharon mittee, provided that such statement has children, and they created a meaning- Kamel under section 202(e) of that Act (8 been submitted prior to the vote on passage. U.S.C. 1152(e)). ful place for their family in California. (d) PAYGO.—The budgetary effects of this By Mrs. FEINSTEIN: Both earned college degrees in Egypt. Act, for the purpose of complying with the S. 449. A bill for the relief of Joseph Joseph, who has his Certified Public Statutory Pay-As-You-Go-Act of 2010, shall Gabra and Sharon Kamel; to the Com- Accountant license, has been working be determined by reference to the latest mittee on the Judiciary. in the accounting department for a statement titled ‘‘Budgetary Effects of Mrs. FEINSTEIN. Mr. President, technology company in California. PAYGO Legislation’’ for this Act, submitted today, I am reintroducing private relief Joseph also volunteers for his son’s for printing in the Congressional Record by Boy Scout Troop, and has expressed in- the Chairman of the Senate Budget Com- legislation on behalf of Joseph Gabra mittee, provided that such statement has and Sharon Kamel, a couple living with terest in pursuing opportunities as an been submitted prior to the vote on passage. their family in Camarillo, California. Arabic language expert here in the Joseph and Sharon are nationals of United States. Joseph and Sharon By Mrs. FEINSTEIN: Egypt who fled their home country carry strong support from friends, co- S. 450. A bill for the relief of Jac- over twelve years ago after being tar- workers, members of their local queline W. Coats; to the Committee on geted for their religious involvement in church, and other Californians who at- the Judiciary. the Christian Coptic Church in Egypt. test to their good character and com- Mrs. FEINSTEIN. Mr. President, I They became involved with this church munity contributions. come to the floor to reintroduce pri- during the 1990s, Joseph as an account- I am concerned that the entire fam- vate relief legislation on behalf of Jac- ant and project coordinator helping to ily would face serious and unwarranted queline Coats, a widow living in the build community facilities and Sharon hardships if forced to relocate to San Francisco Bay Area. I rise today to as the church’s training director in Egypt. For Jessica, Rebecca, Rafael, ask my colleagues to support this leg- human resources. and Veronica, the only home they islation in the 112th Congress, which Unfortunately, Joseph and Sharon know is in the United States. It is would provide Jacqueline with the ex- were also subjected to threats and quite possible these four American traordinary relief I believe she de- abuse. Joseph was jailed repeatedly be- children would face discrimination or serves. cause of his involvement with the worse in Egypt on account of their reli- Jacqueline came to the United States church. Sharon’s family members were gion, as was the experience of many of from Kenya in 2001 on a student visa to violently targeted, including her cous- their family members. study Mass Communications at San in who was murdered and her brother Joseph and Sharon have made a com- Jose State University. In January 2002, whose business was firebombed. When pelling plea to remain in the United based on the advice she received from a Sharon became pregnant with her first States. These parents emphasize their college advisor, Jacqueline attempted child, she was threatened by a member commitment to supporting their chil- to transfer to City College of San Fran- of a different religious organization dren and making a healthy and produc- cisco, which required her to file for re- against raising her child in a non-Mus- tive place for them to grow up in Cali- instatement. However, the request for lim faith. fornia. I believe this family deserves reinstatement was denied in October Joseph and Sharon came to the that opportunity. 2002, and Jacqueline’s immigration sta- United States legally seeking refuge in I respectfully ask my colleagues to tus lapsed the following year. November 1998. They immediately noti- support this private relief bill on behalf Jacqueline married Marlin Coats, an fied authorities of their intent to seek of Joseph Gabra and Sharon Kamel. American citizen, on April 17, 2006, at protection in the United States, filing Mr. President, I ask unanimous con- San Francisco City Hall. But not even for political asylum in May 1999. sent that the text of the bill be printed a month after the marriage, on May 13, However, Joseph, who has a speech in the RECORD. 2006, Jacqueline’s husband died while impediment, had difficulty commu- There being no objection, the text of heroically attempting to save two boys nicating why he was afraid to return to the bill was ordered to be printed in from drowning at Ocean Beach in San Egypt, and one year later their asylum the RECORD, as follows: Francisco. The two children survived application was denied because they S. 449 with the help of a rescue crew, but Mr. could not adequately establish that Be it enacted by the Senate and House of Rep- Coats was caught in a riptide and died. they were victims of persecution. Jo- resentatives of the United States of America in The sudden and unexpected loss of her seph and Sharon pursued the appro- Congress assembled, husband devastated Jacqueline. priate means for appealing this deci- SECTION 1. ADJUSTMENT OF STATUS. Unfortunately, a loophole in U.S. im- sion, to no avail. (a) IN GENERAL.—Notwithstanding any migration laws meant that It should be noted that sometime other provision of law, for the purposes of Jacqueline’s status in the United later Sharon’s brother applied for asy- the Immigration and Nationality Act (8 States was suddenly in jeopardy due to lum in the United States. He, too, ap- U.S.C. 1101 et seq.), Joseph Gabra and Sharon the death of her husband. Jacqueline Kamel shall each be deemed to have been and her husband had prepared and plied on the basis of persecution he and lawfully admitted to, and remained in, the his family faced in Egypt, but his ap- United States, and shall be eligible for ad- signed an application for a green card plication was approved and he was justment of status to that of an alien law- at their attorney’s office just four days granted this status in the United fully admitted for permanent residence before Mr. Coats died. However, the pe- States. under section 245 of the Immigration and Na- tition did not get filed until after his There are no other avenues for Jo- tionality Act (8 U.S.C. 1255) upon filing an death, meaning it could no longer be seph and Sharon to pursue relief here application for such adjustment of status. considered valid. in the United States. If they are de- (b) APPLICATION AND PAYMENT OF FEES.— Jacqueline very likely would have reported, they will be forced back to a Subsection (a) shall apply only if the appli- ceived permanent residence in the cation for adjustment of status is filed with country where they sincerely fear for appropriate fees not later than 2 years after United States were it not for the ab- their safety. the date of the enactment of this Act. rupt death of Mr. Coats. At the time, Since arriving in the United States (c) REDUCTION OF IMMIGRANT VISA NUM- Jacqueline received a medal honoring more than twelve years ago, Joseph BERS.—Upon the granting of permanent resi- her husband’s heroic actions. The San

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1138 CONGRESSIONAL RECORD — SENATE March 2, 2011 Francisco Board of Supervisors, the S. 450 Suddenly orphaned, Claudia and her San Francisco Police Department, and Be it enacted by the Senate and House of Rep- siblings were fortunate enough to have the San Francisco chapter of the resentatives of the United States of America in a place to go. They were welcomed into NAACP all passed resolutions in sup- Congress assembled, the loving home of their aunt, port of her remaining in the United SECTION 1. PERMANENT RESIDENT STATUS FOR Hortencia, and uncle, Patricio, who are States. JACQUELINE W. COATS. both United States citizens. Hortencia (a) IN GENERAL.—Notwithstanding sub- and Patricio are active at Buen Pastor In 2009, I co-sponsored legislation sections (a) and (b) of section 201 of the Im- known as the Fairness to Surviving migration and Nationality Act (8 U.S.C. Catholic Church. Patricio is a youth Spouses Act to address this hole in 1151), Jacqueline W. Coats shall be eligible soccer coach. This couple raised the U.S. immigration laws that creates un- for issuance of an immigrant visa or for ad- Marquez children as their own, coun- necessary hardship for foreign-born justment of status to that of an alien law- seling them through the loss of their men and women—like Jacqueline— fully admitted for permanent residence upon parents and helping them with their whose immigration status is at risk filing an application for issuance of an immi- school work. They became the legal when the sponsoring U.S. citizen grant visa under section 204 of that Act (8 guardians of the Marquez children in U.S.C. 1154) or for adjustment of status to 2001. spouse dies. I do not believe our immi- lawful permanent resident. gration system should penalize individ- Claudia likely would have resolved (b) ADJUSTMENT OF STATUS.—If Jacqueline her immigration status, were it not for uals whose earnest efforts to become W. Coats enters the United States before the permanent legal residents of this coun- filing deadline specified in subsection (c), poor legal representation. The death of try are cut short when their sponsoring Jacqueline W. Coats shall be considered to the Marquez parents meant that Clau- spouse dies. have entered and remained lawfully in the dia and her siblings should have qualified for special immigrant juvenile sta- I was pleased that the President United States and shall be eligible for adjustment of status under section 245 of the tus. Congress created this special im- signed the Fairness to Surviving Immigration and Nationality Act (8 U.S.C. migrant status to protect children Spouses Act into law as part of a De- 1255) as of the date of enactment of this Act. under extraordinary circumstances and partment of Homeland Security appro- (c) APPLICATION AND PAYMENT OF FEES.— spare them the hardship of deportation priations bill on October 28, 2009. U.S. Subsections (a) and (b) shall apply only if the when a state court deems the children Citizenship and Immigration Services application for issuance of an immigrant to be dependents as a result of abuse, is now implementing this law, which visa or the application for adjustment of status is filed with appropriate fees not later abandonment, or neglect. In fact, allows widows of American citizens to Claudia’s younger brother, Omar, was continue to petition for permanent than 2 years after the date of the enactment of this Act. granted this special immigrant juve- residency as long as they can prove (d) REDUCTION OF IMMIGRANT VISA NUM- nile status, providing him legal perma- that they entered into their marriage BERS.—Upon the granting of an immigrant nent residency. in good faith. Jacqueline may be eligi- visa or permanent residence to Jacqueline However, the lawyer for the Marquez ble for this form of relief; however, I W. Coats, the Secretary of State shall in- children failed to secure this relief for believe that a private bill remains nec- struct the proper officer to reduce by 1, dur- Claudia. She has now reached the age ing the current or subsequent fiscal year, the essary until this process can be final- of majority without having resolved ized. total number of immigrant visas that are made available to natives of the country of her immigration status, making her in- Jacqueline has been a hard-working birth of Jacqueline W. Coats under section eligible for this special relief. employee for a transit company in 203(a) of the Immigration and Nationality It is important to take note that the Oakland, California, since 2004. She is Act (8 U.S.C. 1153(a)) or, if applicable, the lawyer who handled this case currently taking three classes at St. Mary’s Col- total number of immigrant visas that are faces charges on numerous counts of lege, and she remains close with the made available to natives of the country of professional incompetence and moral family of her late husband. For Jac- birth of Jacqueline W. Coats under section turpitude for mishandling immigration queline, the Coats family here in the 202(e) of that Act (8 U.S.C. 1152(e)). cases. The California State Bar accused United States has become her own. (e) PAYGO.—The budgetary effects of this him of a ‘‘despicable and far-reaching Act, for the purpose of complying with the Ramona Burton, one of Mr. Coats’ Statutory Pay-As-You-Go-Act of 2010, shall pattern of misconduct.’’ The Bar siblings, wrote in a letter to me: ‘‘She be determined by reference to the latest sought to disbar the attorney before he spent her first American Christmas statement titled ‘‘Budgetary Effects of resigned with pending charges. with us, her first American Thanks- PAYGO Legislation’’ for this Act, submitted Claudia deserved a fair chance at re- giving . . . I can’t imagine looking for printing in the Congressional Record by solving her immigration status, but around and not seeing her there. She the Chairman of the Senate Budget Com- her attorney’s egregious behavior needs to be there.’’ Another concerned mittee, provided that such statement has stripped her of this opportunity. been submitted prior to the vote on passage. California constituent wrote to me Claudia, nonetheless, finished school despite these adverse circumstances. that common fairness, morality and By Mrs. FEINSTEIN: decency’’ should be the standards by She secured a job in Redwood City, S. 451. A bill for the relief of Claudia California, and she currently lives with which we view this case. I agree. De- Marquez Rico; to the Committee on the spite the tragedy of losing her husband, her younger sister, Maribel, in Menlo Judiciary. Park, where they care for their grand- Jacqueline continues to work hard, Mrs. FEINSTEIN. Mr. President, I take classes, and integrate herself father. Claudia also provides financial come to the floor today to reintroduce support to her two brothers, Jose and within her community. private relief legislation for Claudia Without some form of relief, Jac- Omar, whenever necessary. She is still Marquez Rico. I first introduced a pri- active in the local community, attend- queline will be deported to Kenya, a vate bill for Claudia back in 2006. This ing San Clemente Catholic Church in country she has not lived in since she young woman has lived in California Hayward. was 21 years old. This is never what her for most of her life. She suffered tre- It would be an injustice to add to the late husband, a citizen of the United mendous hardship after the sudden Marquez family’s misfortune by tear- States, intended. death of her parents more than ten ing these siblings apart. Claudia and I believe Congress should honor this years ago. I believe she deserves the her siblings have come to rely on each family by granting Jacqueline perma- special relief granted by a private bill. other in the absence of their deceased nent residency in the United States. I Claudia was born in Jalisco, Mexico. parents, and Claudia is clearly a cen- urge my colleagues to give consider- She was only 6 years old when her par- tral support of this family. Moreover, ation to Jacqueline and to support this ents brought her, and her two younger Claudia has never visited Mexico and private relief immigration bill. brothers, to the United States. has no close relatives in the country. Mr. President, I ask unanimous con- Ten years ago, tragedy struck this She was so young when her parents sent that the text of the bill be printed family. Early in the morning on Octo- brought her to the United States that in the RECORD. ber 4, 2000, while driving to work, she has no memories of Mexico. There being no objection, the text of Claudia’s parents were killed in a hor- I am reintroducing a private relief the bill was ordered to be printed in rific car accident when their vehicle bill on Claudia’s behalf because I be- the RECORD, as follows: collided with a truck on a rural road. lieve her removal from the United

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1139 States would go against our standard vide lawful permanent residence status sponsible,’’ ‘‘efficient,’’ and ‘‘compas- of fairness and would only cause addi- to Alfredo Plascencia Lopez and his sionate.’’ Kaiser Permanente’s Director tional hardship on a family that al- wife, Maria del Refugio Plascencia, of Internal Medicine wrote to say that ready endured so much. Mexican nationals who live in the San Maria is ‘‘an asset to the community I respectfully ask my colleagues to Bruno area of California. and exemplifies the virtues we Ameri- support this private relief legislation I have decided to offer legislation on cans extol: hardworking, devoted to on behalf of Claudia Marquez Rico. their behalf because I believe that, her family, trustworthy and loyal, Mr. President, I ask unanimous con- without it, this hardworking couple [and] involved in her community. She sent that the text of the bill be printed and their five children, all United and her family are a solid example of in the RECORD. States citizens, would face extreme the type of immigrant that America There being no objection, the text of hardship. Their children would either should welcome wholeheartedly.’’ the bill was ordered to be printed in face separation from their parents or Together, Alfredo and Maria have the RECORD, as follows: be forced to leave the only country used their professional successes to re- S. 451 they know and give up on their edu- alize many of the goals dreamed of by Be it enacted by the Senate and House of Rep- cation in the United States. all Americans. They saved up and resentatives of the United States of America in The Plascencias have been in the bought a home. They own a car. They Congress assembled, United States for over 20 years. They have good health care benefits, and SECTION 1. PERMANENT RESIDENT STATUS FOR worked for years to adjust their status they each have begun saving for retire- CLAUDIA MARQUEZ RICO. through appropriate legal channels, (a) IN GENERAL.—Notwithstanding sub- ment. They are sending their daughter, sections (a) and (b) of section 201 of the Im- but poor legal representation ruined Christina, age 19, to college and plan to migration and Nationality Act (8 U.S.C. their opportunities. The Plascencias’ send the rest of their children to col- 1151), Claudia Marquez Rico shall be eligible lawyer refused to return their calls or lege as well. for issuance of an immigrant visa or for ad- otherwise communicate with them in Allowing the Plascencias to remain justment of status to that of an alien law- any way. He also failed to forward cru- fully admitted for permanent residence upon in the United States would preserve cial immigration documents, or even their achievements and ensure that filing an application for issuance of an immi- notify the Plascencias that he had grant visa under section 204 of such Act (8 they will be able to make substantive U.S.C. 1154) or for adjustment of status to them. Because of the poor representa- contributions to the community in the lawful permanent resident. tion they received, Alfredo and Maria future. (b) ADJUSTMENT OF STATUS.—If Claudia only became aware that they had been In addition, this bill will have a posi- Marquez Rico enters the United States be- ordered to leave the United States fif- tive impact on the couple’s United fore the filing deadline specified in sub- teen days prior to their scheduled de- section (c), she shall be considered to have States citizen children, who are dedi- portation. cated to pursuing their educations and entered and remained lawfully and, if other- The Plascencias were shocked to becoming productive members of their wise eligible, shall be eligible for adjustment learn of their attorney’s malfeasance, community. of status under section 245 of the Immigra- but they acted quickly to secure legiti- tion and Nationality Act (8 U.S.C. 1255) as of Christina is the Plascencias’ oldest mate counsel and to file the appro- the date of the enactment of this Act. child. She is 20 years old, working and priate paperwork to delay their depor- (c) APPLICATION AND PAYMENT OF FEES.— taking classes at Skyline Community tation to determine if any other legal Subsections (a) and (b) shall apply only if the College and the College of San Mateo. application for issuance of an immigrant action could be taken. visa or the application for adjustment of sta- Since arriving in the United States She would like to be a paralegal. Erika, tus is filed with appropriate fees not later in 1988, Alfredo and Maria have proven age 16, attends Peninsula High School than 2 years after the date of the enactment themselves a civic-minded couple who in San Bruno and was recently named of this Act. share our American values of hard Student of the Month. Erika’s teachers (d) REDUCTION OF IMMIGRANT VISA NUM- praise her abilities and have referred to BER.—Upon the granting of an immigrant work, dedication to family, and devotion to community. her as a ‘‘bright spot’’ in the class- visa or permanent residence to Claudia room. Marquez Rico, the Secretary of State shall For over 15 years, Alfredo has been instruct the proper officer to reduce by 1, gainfully employed at Vince’s Shell- Alfredo and Maria also have three during the current or subsequent fiscal year, fish, where his dedication and willing- young children: Alfredo, Jr., age 14, the total number of immigrant visas that are ness to learn have propelled him from Daisy, age 9, and Juan-Pablo, age 5. made available to natives of the country of part-time work to a managerial posi- Removing Alfredo and Maria from birth of Claudia Marquez Rico under section tion. He now oversees the market’s en- the United States would be tragic for 203(a) of the Immigration and Nationality tire packing operation and several em- their children. The Plascencia children Act (8 U.S.C. 1153(a)) or, if applicable, the were born in America and through no total number of immigrant visas that are ployees. The president of the market, in one fault of their own have been thrust made available to natives of the country of into a situation that has the potential birth of Claudia Marquez Rico under section of the several dozen letters I received 202(e) of such Act (8 U.S.C. 1152(e)). in support of Alfredo, referred to him to dramatically alter their lives. (e) DENIAL OF PREFERENTIAL IMMIGRATION as ‘‘a valuable and respected em- It would be especially tragic if Erika, TREATMENT FOR CERTAIN RELATIVES.—The ployee’’ who ‘‘handles himself in a very Alfredo, and Daisy have to leave the natural parents, brothers, and sisters of professional manner’’ and serves as ‘‘a United States. They are old enough to Claudia Marquez Rico shall not, by virtue of role model’’ to other employees. Others understand that they are leaving their such relationship, be accorded any right, who have written to me praising schools, their teachers, their friends, privilege, or status under the Immigration and their home. They would leave ev- and Nationality Act (8 U.S.C. 1101 et seq.). Alfredo’s job performance refer to him (f) PAYGO.—The budgetary effects of this as ‘‘gifted,’’ ‘‘trusted,’’ ‘‘honest’’ and erything that is familiar to them. Act, for the purpose of complying with the ‘‘reliable.’’ The Plascencia family would then be Statutory Pay-As-You-Go-Act of 2010, shall Maria has distinguished herself as a in Mexico without a means for sup- be determined by reference to the latest medical assistant at a Kaiser porting themselves and with no place statement titled ‘‘Budgetary Effects of Permanente hospital in the Bay Area. to live. The children would have to ac- PAYGO Legislation’’ for this Act, submitted Not satisfied with working as a maid at climate to a different culture, lan- for printing in the Congressional Record by a local hotel, she went to school, guage, and way of life. the Chairman of the Senate Budget Com- earned her high school equivalency de- The only other option would be for mittee, provided that such statement has been submitted prior to the vote on passage. gree, and improved her skills to be- Alfredo and Maria to leave their chil- come a medical assistant. She is now in dren here with relatives. This separa- By Mrs. FEINSTEIN: a program to become a Licensed Voca- tion is a choice which no parents S. 452. A bill for the relief of Alfredo tional Nurse. She plans to graduate should have to make. Plascencia Lopez and Maria Del next year and start a nursing program I am reintroducing this legislation Refugio Plascencia; to the Committee with Kaiser to become a registered because I believe that the Plascencias on the Judiciary. nurse. will continue to make positive con- Mrs. FEINSTEIN. Mr. President, I Several Californians who wrote to me tributions to their community in Cali- rise today to offer legislation to pro- in support of Maria describe her as ‘‘re- fornia and this country. The Plascencia

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1140 CONGRESSIONAL RECORD — SENATE March 2, 2011 children should be given the oppor- a hearing to discuss the serious prob- There is also more Congress must do tunity to realize their full potential in lems of fraud in Medicare and Med- in ways of reform to enhance the gov- the United States, with their family in- icaid. Over the last 9 years, the Fi- ernment’s ability to fight this fraud. tact. nance Committee has held more than We need to ensure that phantom doc- I respectfully ask my colleagues to 20 oversight hearings dealing with tors, pharmacies, and durable medical support this bill. Medicare and Medicaid fraud. These equipment suppliers cannot simply bill Mr. President, I ask unanimous con- hearings highlighted the flaws in how Medicare millions of dollars in just a sent that the text of the bill be printed the Federal Government administers few months and then get out of town in the RECORD. Medicare and Medicaid. They also scot-free. Health and Human Services There being no objection, the text of stress the need to create disincentives and the Center for Medicare and Med- the bill was ordered to be printed in for those who seek to defraud these icaid Services need to use the tools al- the RECORD, as follows: vital programs. ready available to them to make sure S. 452 Every dollar lost to Medicare or Med- claims are legitimate before they are Be it enacted by the Senate and House of Rep- icaid fraud is a dollar that is not avail- paid. resentatives of the United States of America in able for beneficiaries. Of course, we But even with all of that, we must re- Congress assembled, ought to be very cognizant of that con- main vigilant in our oversight efforts, SECTION 1. PERMANENT RESIDENT STATUS FOR sidering the impending bankruptcy of which is the constitutional responsi- ALFREDO PLASCENCIA LOPEZ AND Medicare. In 2009, the Federal Govern- MARIA DEL REFUGIO PLASCENCIA. bility of the legislative branch of gov- (a) IN GENERAL.—Notwithstanding sub- ment spent $502 billion on Medicare ernment, because tomorrow’s criminals sections (a) and (b) of section 201 of the Im- and $379 billion on Medicaid. It is esti- will find ways to get around the laws migration and Nationality Act (8 U.S.C. mated that between $40 billion and $70 and regulations we put in place today. 1151), Alfredo Plascencia Lopez and Maria billion was lost to fraud that year. That is why I am introducing the Del Refugio Plascencia shall each be eligible However, officials from the Depart- for the issuance of an immigrant visa or for Strengthening Program Integrity and ment of Health and Human Services Accountability in Health Care Act of adjustment of status to that of an alien law- and the Department of Justice an- fully admitted for permanent residence upon 2011. This bill contains the remaining filing an application for issuance of an immi- nounced last month that their health proposals from S. 2964 that are nec- grant visa under section 204 of that Act (8 care fraud prevention and enforcement essary to enhance the government’s U.S.C. 1154) or for adjustment of status to efforts recovered $4 billion in fraud. So ability to combat Medicare and Med- lawful permanent resident. compare that $4 billion with the $44 bil- icaid fraud. It builds on reforms we (b) ADJUSTMENT OF STATUS.—If Alfredo lion to $70 billion, and it means we still made in the last Congress. Plascencia Lopez or Maria Del Refugio have a very long way to go. Plascencia enter the United States before The bill would require the Secretary When it comes to public programs of Health and Human Services to issue the filing deadline specified in subsection (c), such as Medicare and Medicaid, it is Alfredo Plascencia Lopez or Maria Del regulations to make Medicare claims clear the Federal Government needs to Refugio Plascencia, as appropriate, shall be and payment data available to the pub- be more effective in combating waste, considered to have entered and remained lic similar to other Federal spending fraud, and abuse. The Federal Govern- lawfully and shall be eligible for adjustment disclosed through www.USAspending ment has simply made it too easy for of status under section 245 of the Immigra- .gov. This Web site lists almost all Fed- tion and Nationality Act (8 U.S.C. 1255) as of bad actors to steal from each of these eral spending, but it doesn’t include the date of the enactment of this Act. programs. It says a lot when we hear Medicare payments made to physi- (c) APPLICATION AND PAYMENT OF FEES.— that organized crime has moved into Subsections (a) and (b) shall apply only if the cians. That means virtually every health care fraud because it is more lu- application for issuance of immigrant visas other government program, including crative than organized crime. Medicare or the application for adjustment of status even some defense spending, is more and Medicaid also attract more crimi- are filed with appropriate fees within 2 years transparent, or responds to the citi- nals because the profits of fraud great- after the date of the enactment of this Act. zens’ right to know, than spending by (d) REDUCTION OF IMMIGRANT VISA NUM- ly outweigh the consequences if you BERS.—Upon the granting of immigrant visas get caught. Then there are those who the Medicare Program. So that dif- or permanent residence to Alfredo don’t even get caught. ferential between defense spending and Plascencia Lopez and Maria Del Refugio Taxpayer dollars should only go to most other government programs and Plascencia, the Secretary of State shall in- bona fide providers and medical sup- what we allow the public to know struct the proper officer to reduce by 2, dur- about the Medicare tax dollars being ing the current or subsequent fiscal year, the pliers. But the reimbursement system is set up so that the Federal Govern- spent is too big of a gap and one we total number of immigrant visas that are should not tolerate anymore because a made available to natives of the country of ment pays first and asks questions birth of Alfredo Plascencia Lopez and Maria later. In other words, the system is taxpayer dollar spent on Medicare isn’t Del Refugio Plascencia under section 203(a) based on a program we call the pay- any different from the public’s right to of the Immigration and Nationality Act (8 and-chase system. know about a taxpayer dollar spent on U.S.C. 1153(a)) or, if applicable, the total Over the years, Congress has given defense programs. Let’s say even for number of immigrant visas that are made the executive branch more authority to this Senator, with my background in available to natives of the country of birth improve enforcement of fraud, waste, farming and participating in a family of Alfredo Plascencia Lopez and Maria Del and abuse laws. During health care re- farm operation, the public can read in Refugio Plascencia under section 202(e) of the newspapers of Iowa, as they can for that Act (8 U.S.C. 1152(e)). form, Senator BAUCUS and I developed (e) PAYGO.—The budgetary effects of this a bipartisan set of legislative proposals every State, the amount of money a Act, for the purpose of complying with the to combat fraud, waste, and abuse. certain Senator—or I shouldn’t say Statutory Pay-As-You-Go-Act of 2010, shall Many of these proposals are in the bill Senator—a certain farmer gets from be determined by reference to the latest I introduced in the last Congress, S. the farm program. It is all taxpayers’ statement titled ‘‘Budgetary Effects of 2964, the Strengthening Program Integ- dollars. PAYGO Legislation’’ for this Act, submitted rity and Accountability in Health Care In addition, this bill also goes on to for printing in the Congressional Record by Act, and many were even included in create a national clearinghouse of in- the Chairman of the Senate Budget Com- formation so that we can better detect, mittee, provided that such statement has the Patient Protection and Affordable been submitted prior to the vote on passage. Care Act. These provisions did not prevent, and thereby deter medical draw opposition from either side of the identity theft. This is about the Fed- By Mr. GRASSLEY: aisle. eral Government sharing information S. 454. A bill to amend titles XVIII Tackling fraud, waste, and abuse in it already has in ways that protect the and XIX of the Social Security Act to health care is one of the areas where taxpayer and work against those de- prevent fraud, waste, and abuse under there is widespread agreement. But our frauding the system. Medicare, Medicaid and CHIP, and for work does not end with the passage of The bill would also change Federal other purposes; to the Committee on legislation. Congress needs to keep the laws that require Medicare to pay pro- Finance. pressure on Federal officials to do ev- viders quickly regardless of the risks of Mr. GRASSLEY. Mr. President, ear- erything possible to prevent and stop fraud, waste, and abuse. Under current lier today the Finance Committee held fraud. law, the government is required to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1141 make payments for what is called a ward waste, fraud, and abuse. Over 100 management of spectrum use in the clean claim within 14 to 30 days before million Americans rely on Medicare U.S. does not encourage the develop- interest accrues on the claim. That is and Medicaid for health insurance. ment and use of some spectrum effi- not enough time for the limited num- Right now, these programs, as we all cient technologies.’’ ber of Medicare auditors to determine know—every Member of the Senate The legislation we are re-introducing if a claim is legitimate before a pay- knows and most of the public knows— today fixes the fundamental defi- ment has to be made. The result is that these programs are on an unsus- ciencies that exist in spectrum man- this what we call prompt-payment rule tainable path. My bill takes necessary agement and promotes efforts to im- requires that Medicare pay bad actors steps to move these programs toward prove spectrum efficiency. Specifically, first and ask questions later, which sustainability. the Reforming Airwaves by Developing leads to that pay-and-chase system I I urge my colleagues to support this Incentives and Opportunistic Sharing, previously mentioned. legislation and help me by cospon- RADIOS, Act tasks the FCC and the So this bill would add to the tools soring it. National Telecommunications and In- Congress provided to the executive formation Administration, NTIA, to branch last year to prevent fraudulent By Ms. SNOWE (for herself and conduct the fundamental first step of a payment on the front end. It would ex- Mr. KERRY): comprehensive inventory of radio spec- tend the time payments must be made S. 455. A bill to promote development trum and to perform much-needed if the Secretary of Health and Human and opportunity with regards to spec- spectrum measurements to determine Services determines there is a likeli- trum occupancy and use, and for other actual usage and occupancy rates. This hood of fraud, waste, and abuse. purposes; to the Committee on Com- data would provide decision makers at In addition, the bill would expand the merce, Science, and Transportation. the FCC, NTIA, and Congress a clearer, Health and Human Services inspector Ms. SNOWE. Mr. President, I rise more detailed, and up-to-date understanding of how spectrum is currently general’s authority to exclude an indi- today, along with Senator KERRY, to being used and by whom—data essen- vidual from participating in the Fed- re-introduce comprehensive spectrum tial to sound policy decisions and spec- eral health care program. I wish to give reform legislation to modernize our na- trum management. an example. The inspector general tion’s radio spectrum planning, management, and coordination activities. The bill also requires a cost-benefit would be able to exclude an individual analysis of spectrum relocation oppor- if the individual had ownership or con- Taking this corrective action will allow us to meet the future tele- tunities to move certain incumbent trol interests in an entity at the time users and services to more efficient the entity engaged in misconduct such communications needs of all spectrum users. For consumers, these fixes will spectrum bands. Many legacy wireless as health care fraud. Now, I know that services could employ newer tech- is common sense to the taxpayers of lead to additional choices, greater innovation, lower prices, and more reli- nologies to provide more efficient use America, but it is not something the of spectrum. The legislation would also inspector general can do today. able services. Over the past year, there has been establish Wi-Fi hot-spots and allow the I still have other areas my bill ad- installation of wireless antenna sys- dresses, and one is in the area of ille- growing concern about a looming radio spectrum crisis. It is not without rea- tems and base stations, such as gal, unapproved drugs. Just last week, femtocells, in all publicly accessible son—growth and innovation within the Los Angeles Times reported that Federal buildings as well as streamline spectrum-based services have exploded the Food and Drug Administration is Federal rights-of-way and wireless over the past decade. In particular, the struggling to keep unapproved drugs tower sitings on Federal buildings. cellular industry has been a prominent off the market. It reported that ‘‘in Such efforts would improve wireless driver of this expansion. Currently, many cases, the agency doesn’t even and broadband coverage for Americans there are more than 290 million wire- know what the drugs are or where they and also result in lower costs to tax- less subscribers in the U.S., and Amer- are.’’ This is another example of how payers since spectrum would be uti- ican consumers use more than 6.4 bil- the Federal reimbursement system cre- lized more effectively by Federal agen- ates an incentive for bad actors to get lion minutes of air time per day. cies. around the rules. While the foundation for wireless In addition, my bill requires greater In this case, those rules are the Food services has been voice communica- collaboration between the FCC and and Drug Administration requirements tion, more subscribers are utilizing it NTIA on spectrum policy and manage- for putting a drug on the market. for broadband through the use of ment related issues, implementation of Medicaid pays until the Food and smartphones and netbooks—smart- spectrum sharing and reuse programs, Drug Administration identifies a drug phones actually outsold personal com- as well as more market-based incen- or class of drugs as not approved for puters in the last quarter of 2010. Ac- tives to promote efficient spectrum marketing and then takes formal according to the Pew Research Center, 56 use. It also sets a deadline for the cre- tion. percent of adult Americans have ation of the National Strategic Spec- Under such circumstances, the Fed- accessed the Internet via a wireless de- trum Plan, which will provide a long- eral Government doesn’t even have the vice. ABI Research forecasts there will term vision for domestic spectrum use option to chase after the previous pay- be 150 million mobile broadband sub- and strategies to meet those needs. ments. scribers by 2014—a 2,900 percent in- While the National Broadband Plan My bill would stop such payments, crease from 2007. Spectrum is so impor- touches on several of these areas, this unless the State Medicaid Programs tant that both the Federal Commu- legislation will provide greater assist- first verify with the Food and Drug Ad- nications Commission and the Presi- ance in developing the 21st Century ministration that the drug is being le- dent have made it a priority to find ad- comprehensive spectrum policy nec- gally marketed. ditional spectrum for wireless essary to meet the future spectrum Again, that may sound like common broadband so providers have the nec- needs of all users. sense, but it is something that can’t be essary capacity to meet the growing It should be noted the RADIOS Act is done without a change in the law. demand of consumers and businesses intended to complement the National The changes I am proposing would go alike. Broadband Plan and the recently an- a long way to deter those who would There are constraints however, spec- nounced Presidential Wireless Initia- defraud our health care system. It also trum is a finite resource, and we can- tive in promoting more efficient use of would provide greater protections to not manufacture new spectrum. Mak- spectrum and ensuring that the proper the taxpayers. ing matters worse, the government’s framework is in place to meet Amer- Fighting fraud, waste, and abuse in current spectrum management frame- ica’s future telecommunications needs. Medicare and Medicaid is vital to the work is inefficient and has not kept up But it also encourages greater focus on sustainability of each program. My bill with technological advancements. As other areas outside the Plan and the will help add to the reforms we passed evidence, the Government Account- Initiative by promoting technological last year. It will fix some of the bla- ability Office, in a series of reports, innovation and more robust spectrum tant problems that incentivize and re- concluded ‘‘the current structure and management.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1142 CONGRESSIONAL RECORD — SENATE March 2, 2011 Senator KERRY and I envision this half of all health care workers are 2011. This legislation creates in the De- legislation to be a supplement to other trained at proprietary schools. With an partment of Justice an Office of Elder legislative efforts related to spectrum. aging baby boom population, demand Justice, OEJ, that will protect Amer- And we look forward to working with for trained health care providers is al- ica’s seniors by strengthening law en- our colleagues in the Senate and with ready critical and will only get worse. forcement’s response to elder abuse. all stakeholders to advance com- President Obama’s health care law The OEJ will provide leadership, train- prehensive 21st Century spectrum pol- adds to this burden as well. We ought ing materials and other needed infor- icy necessary to meet the future spec- to be expanding educational capacity mation to prosecutors, law enforce- trum needs of all users. for health care workers, not enacting ment, adult protective services and Our Nation’s competitiveness, econ- regulations that threaten access. others, in order to build a robust infra- omy, and national security demand In short, this legislation will pre- structure to effectively address elder that we allocate the necessary atten- serve educational and economic oppor- abuse. Additionally, the bill will en- tion to this policy shortcoming—it is tunities for all Americans. I urge all of courage states to set up multidisci- the only way we will be able to avert a my colleagues to support this bill. plinary teams where information and looming spectrum crisis and continue Mr. President, I ask unanimous con- resources are shared in order to better to realize the boundless benefits of sent that the text of the bill be printed serve the victims of elder abuse. spectrum-based services. That is why I in the RECORD. The plight of vulnerable seniors is a sincerely hope that my colleagues will There being no objection, the text of subject of great concern. Elder abuse is join Senator KERRY and me in sup- the bill was ordered to be printed in often hidden from sight by the victims porting this critical legislation. the RECORD, as follows: themselves. Even so, experts conserv- By Mr. RISCH (for himself, Mr. S. 460 atively estimate that as many as two COBURN, Mr. DEMINT, Mr. LEE, Be it enacted by the Senate and House of Rep- million Americans age 65 and older resentatives of the United States of America in and Mr. JOHNSON of Wisconsin): have been injured, exploited, or other- S. 460. A bill to prohibit the Sec- Congress assembled, wise mistreated by someone on whom retary of Education from promulgating SECTION 1. SHORT TITLE. they depend for care or protection. This Act may be cited as the ‘‘Education As Federal policymakers, it is time or enforcing regulations or guidance for All Act of 2011’’. regarding gainful employment; to the that we step forward and tackle this SEC. 2. GAINFUL EMPLOYMENT. Committee on Health, Education, challenge with dedicated efforts and Notwithstanding any other provision of more vigorous programs that will Labor, and Pensions. law, the Secretary of Education may not use Mr. RISCH. Mr. President, I am any Federal funds to— make fighting elder abuse as important pleased to be joined by my colleagues, (1) implement, administer, or enforce the a priority as ongoing efforts to counter Senators COBURN, DEMINT, JOHNSON final regulations on ‘‘Program Integrity: child abuse. and LEE, in introducing the Education Gainful Employment—New Programs’’ pub- We need to provide assistance to our for All Act. This important piece of lished by the Department of Education in courts, which would benefit from hav- legislation would preserve educational the Federal Register on October 29, 2010 (75 ing access to designated staff that has and economic opportunities for all Fed. Reg. 66665 et seq.); particular knowledge and expertise in (2) issue a final rule or otherwise imple- Americans. elder abuse. Specialized protocols may The U.S. Department of Education is ment the proposed rule on ‘‘Program Integ- rity: Gainful Employment’’ published by the be required where victims are unable to proposing new ‘‘gainful employment’’ Department of Education on July 26, 2010 (75 testify on their own behalf, due to cog- rules that would deny federal financial Fed. Reg. 43616 et seq.); nitive impairments or poor physical aid to students who attend proprietary (3) implement, administer, or enforce sec- health. And there is a great need for colleges and vocational certificate pro- tion 668.6 of title 34, Code of Federal Regula- specialized knowledge that will support grams. These rules would disqualify tions, (relating to gainful employment), as successful prosecutions and enhance students from receiving federal edu- amended by the final regulations published the development of case law. Today, cation loans if their chosen programs by the Department of Education in the Fed- eral Register on October 29, 2010 (75 Fed Reg. many state elder abuse statutes lack do not meet a complex formula com- adequate provisions to encourage wide paring student debt to future earning 66832 et seq.); or (4) promulgate or enforce any new regula- reporting of abuse and exploitation, potential. Why should students be dis- tion or rule with respect to the definition or more thorough investigations, and couraged from attending a school they application of the term ‘‘gainful employ- greater prosecution of abuse cases. want or a profession they chose be- ment’’ under the Higher Education Act of For the victims of elder abuse, many cause of Washington bureaucrats? 1965 on or after the date of enactment of this of whom are physically frail and very The bill I am introducing today Act. frightened, we must do much more. would prohibit these regulations from First and foremost, we must be more going into effect. By Mr. KOHL (for himself, Mr. The ‘‘gainful employment’’ rules CASEY, Mrs. GILLIBRAND, Mr. responsive. Not too long ago, it was dif- could deny hundreds of thousands of BLUMENTHAL, Mr. NELSON of ficult to even get an abuse case inves- students access to the training and Florida, Ms. MIKULSKI, and Mr. tigated. While that is starting to skills development they need to secure BROWN of Ohio): change, we have much more work to a job in today’s troubled economy. S. 462. A bill to better protect, serve, do. Sometimes, for example, emer- There is high demand in some sectors and advance the rights of victims of gency interventions may be needed, for highly skilled workers and pro- elder abuse and exploitation by estab- particularly if the older person is being priety schools are uniquely qualified to lishing a program to encourage States harmed at the hands of family mem- meet the training needs of these em- and other qualified entities to create bers or trusted ‘‘friends.’’ It may be ployers. It is simply irresponsible for jobs designed to hold offenders ac- necessary to remove the older adult the government to throw roadblocks in countable, enhance the capacity of the from his or her home to a temporary front of students and institutions at a justice system to investigate, pursue, safe haven. To do this, we must build a time when job creation in America and prosecute elder abuse cases, iden- much more robust infrastructure. should be the administration’s number tify existing resources to leverage to This legislation, strongly supported one priority. the extent possible, and assure data by the Elder Justice Coalition, will go Further, the ‘‘gainful employment’’ collection, research, and evaluation to a long way toward improving the abil- rules will disproportionately harm low- promote the efficacy and efficiency of ity of law enforcement, prosecutors income and minority students. These the activities described in this Act; to and other government agencies to re- students often depend more heavily on the Committee on the Judiciary. spond to abuse of older Americans. education loans regardless of the type Mr. KOHL. Mr. President, I rise I urge my colleagues to support this of institution they attend and take today with Senators BLUMENTHAL, important legislation. longer to repay. SHERROD BROWN, CASEY, GILLIBRAND, Mr. President, I ask unanimous con- The rules would also significantly MIKULSKI and BILL NELSON to intro- sent that the text of the bill be printed impact health care programs. Nearly duce the Elder Abuse Victims Act of in the RECORD.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1143 There being no objection, the text of personnel, mental health personnel, finan- protective services, or any other State enti- the bill was ordered to be printed in cial services personnel, and any other indi- ty tasked with addressing elder abuse; the RECORD, as follows: viduals whose work may bring them in con- (B) the number and types of cases filed in tact with elder abuse regarding how to— Federal, State, and local courts; and S. 462 (A) conduct investigations in elder abuse (C) the outcomes of the cases described in Be it enacted by the Senate and House of Rep- cases; subparagraphs (A) and (B) and the reasons resentatives of the United States of America in (B) address evidentiary issues and other for such outcomes; Congress assembled, legal issues; and (2) identify common data points among SECTION 1. SHORT TITLE. (C) appropriately assess, respond to, and Federal, State, and local law enforcement This Act may be cited as the ‘‘Elder Abuse interact with victims and witnesses in elder agencies and prosecutor offices that would Victims Act of 2011’’. abuse cases, including in administrative, allow for the collection of uniform national SEC. 2. DEFINITIONS. civil, and criminal judicial proceedings; data; In this Act— (5) conduct, and update on a regular basis, (3) publish a summary of the data collected (1) the terms ‘‘abuse’’, ‘‘elder’’, ‘‘elder jus- a study of laws and practices relating to under paragraphs (1) and (2); tice’’, ‘‘exploitation’’, and ‘‘neglect’’ have elder abuse, neglect, and exploitation, in- (4) identify— the meanings given those terms in section cluding— (A) the types of data relevant to elder 2011 of the Social Security Act (42 U.S.C. (A) a comprehensive description of State abuse that should be collected; and 1397j); laws and practices; (B) what entity is most capable of col- (2) the term ‘‘elder abuse’’ includes neglect (B) an analysis of the effectiveness of State lecting the data described in subparagraph and exploitation; laws and practices, including— (A); and (3) the term ‘‘Director’’ means the Director (i) whether the State laws are enforced; (5) develop recommendations for collecting of the Office appointed under section 3(b); and additional data relating to elder abuse. (4) the term ‘‘Office’’ means the Office of (ii) if enforced— SEC. 5. ELDER VICTIMS GRANT PROGRAM. Elder Justice established under section 3(a); (I) how the State laws are enforced; and (a) IN GENERAL.—The Director may make (5) the term ‘‘State’’ means each of the (II) how enforcement of the State laws has grants and provide technical assistance to several States of the United States, the Dis- effected elder abuse within the State; not more than 15 States to assist the States in developing, establishing, and operating trict of Columbia, the Commonwealth of (C) a review of State definitions of the programs designed to improve— Puerto Rico, and any other territory of pos- terms ‘‘abuse’’, ‘‘neglect’’, and ‘‘exploi- (1) the response to cases of elder abuse in session of the United States; and tation’’ in the context of elder abuse cases; a manner that limits additional trauma to (6) the term ‘‘task force’’ means a multi- (D) a review of State laws that mandate re- the elder victims; and disciplinary task force on elder justice estab- porting of elder abuse, including adult pro- (2) the investigation and prosecution of lished or designated under section 5(c)(1). tective services laws, laws that require the reporting of nursing home deaths or sus- cases of elder abuse. SEC. 3. OFFICE OF ELDER JUSTICE. (b) ELIGIBILITY.—A State is eligible to re- picious deaths of elders to coroners or med- (a) IN GENERAL.—There is established with- ceive a grant under this section if the ical examiners, and other pertinent report- in the Department of Justice a office to be State— ing laws, that analyzes— known as the Office of Elder Justice, which (1) has a crime victims compensation pro- (i) the impact and efficacy of the State shall address issues relating to elder abuse. gram that meets the criteria described in (b) DIRECTOR.—The Office shall be headed laws; section 1403(b) of the Victims of Crime Act of by a Director who shall— (ii) whether the State laws are enforced; 1984 (42 U.S.C. 10602(b)); and (1) be appointed by the President, by and (iii) the levels of compliance with the (2) is in compliance with subsection (c). with the advice and consent of the Senate, State laws; and (c) ESTABLISHMENT OF TASK FORCE.— from among individuals with experience and (iv) the response to, and actions taken as a (1) IN GENERAL.—In order to be eligible to expertise in elder abuse; and result of, reports made under the State laws; receive a grant under this section, a State (2) serve as counsel to the Attorney Gen- (E) a review of State evidentiary, proce- shall establish or, subject to paragraph (5), eral on elder justice and elder abuse. dural, sentencing, choice of remedies, and designate a multidisciplinary task force on (c) RESPONSIBILITIES.—The Director shall— data retention issues relating to elder abuse, elder justice that is composed of profes- (1) create, compile, evaluate, and dissemi- neglect, and exploitation; sionals with knowledge and experience relat- nate materials and information, and provide (F) a review of State fiduciary laws, in- ing to the criminal justice system and issues the necessary training and technical assist- cluding law relating to guardianship, con- of elder abuse. ance, to assist States and units of local gov- servatorship, and power of attorney; (2) MEMBERSHIP REQUIREMENT.—Except as ernment in— (G) a review of State laws that permit or provided in paragraph (6), a task force shall (A) investigating, prosecuting, pursuing, encourage employees of depository institu- include— preventing, understanding, and mitigating tions (as defined in section 3(c)(1) of the Fed- (A) representatives from law enforcement the impact of— eral Deposit Insurance Act (12 U.S.C. agencies, such as police officers, sheriffs and (i) physical, sexual, and psychological 1813(c)(1)) and State credit unions (as defined deputy sheriffs, detectives, public safety offi- abuse of elders; in section 101 of the Federal Credit Union cers, corrections officers, investigators and (ii) exploitation of elders, including finan- Act (12 U.S.C. 1752)) to prevent and report victims’ service personnel; cial abuse and scams targeting elders; and suspected elder abuse, neglect, and exploi- (B) a representative from the crime victim (iii) neglect of elders; and tation; compensation program of the State; (B) assessing, addressing, and mitigating (H) a review of State laws used in civil (C) judicial and legal officers, including in- the physical and psychological trauma to court proceedings to prevent and address dividuals who work on cases of elder abuse; victims of elder abuse; elder abuse; (D) elder justice and elder law advocates, (2) collect data and perform an evidence- (I) a review of State laws relating to fraud including local agencies on aging and local based evaluation to— and related activities in connection with public and private agencies and entities re- (A) assure the efficacy of measures and mail, telemarketing, the Internet, or health lating to elder abuse and other crimes methods intended to prevent, detect, respond care; against elders; to, or redress elder abuse; and (J) a review of State laws that create pro- (E) health and mental health professionals; (B) evaluate the number of victims of elder grams, offices, entities, or other programs (F) representatives from social services abuse in each State and the extent to which that address or respond to elder abuse; and agencies in the State; the needs of the victims are served by crime (K) an analysis of any other State laws re- (G) representatives from adult protective victim services, programs, and sources of lating to elder abuse; and services; and funding; (6) carry out such other duties as the At- (H) family members of victims of elder (3) publish a report, on an annual basis, torney General determines necessary in con- abuse. that describes the results of the evaluations nection with enhancing the understanding, (3) REVIEW AND EVALUATION.—A task force conducted under paragraphs (1) and (2), and prevention, detection, and response to elder shall— submit the report to each Federal agency, abuse. (A) review and evaluate the investigative, each State, and the Committee on the Judi- SEC. 4. DATA COLLECTION. administrative, and judicial responses to ciary and the Special Committee on Aging of The Attorney General, in consultation cases of elder abuse in the State; the Senate and the Committee on the Judici- with the Secretary of Health and Human (B) make recommendations to the State ary of the House of Representatives; Services, shall, on an annual basis— based on the review and evaluation con- (4) evaluate training models to determine (1) collect from Federal, State, and local ducted under subparagraph (A), including best practices, create replication guides, cre- law enforcement agencies and prosecutor of- recommendations relating to— ate training materials, if necessary, for law fices statistical data relating to the inci- (i) modifying the investigative, adminis- enforcement officers, prosecutors, judges, dence of elder abuse, including data relating trative, and judicial response to cases of emergency responders, individuals working to— elder abuse, in a manner that— in victim services, adult protective services, (A) the number of elder abuse cases re- (I) reduces the additional trauma to the social services, and public safety, medical ferred to law enforcement agencies, adult elder victim; and

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1144 CONGRESSIONAL RECORD — SENATE March 2, 2011 (II) ensures procedural fairness to the indi- SHERROD BROWN, and CASEY to intro- ‘‘(2) the term ‘later life’, relating to an in- vidual accused of elder abuse; and duce the End Abuse in Later Life Act dividual, means the individual is 50 years of (ii) experimental, model, and demonstra- of 2011. This legislation improves the age or older; and tion programs for testing innovative ap- provisions in the existing Violence ‘‘(3) the term ‘neglect’ means the failure of proaches and techniques that may improve a caregiver or fiduciary to provide the goods the rate of successful prosecution or enhance Against Women Act dealing with abuse or services that are necessary to maintain the effectiveness of judicial and administra- in later life by enhancing direct serv- the health or safety of an individual in later tive action in elder abuse cases, and which ices for victims and increasing the life. ensure procedural fairness to the accused, in- kinds of experts who participate in ‘‘(c) GRANT PROGRAM.— cluding a determination of which programs multidisciplinary training programs. ‘‘(1) GRANTS AUTHORIZED.—The Attorney are most effective; and Abuse in later life is a sad and grow- General, through the Director of the Office (C) submit the recommendations described ing problem in our society. Experts on Violence Against Women, may make in subparagraph (B) to the Office. conservatively estimate that 14.1 per- grants to eligible entities to carry out the (4) REPORT.—Not later than 1 year after a activities described in paragraph (2). State receives grant funds under this sec- cent of older Americans have been injured, exploited, or otherwise mis- ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI- tion, the State shall submit to the Director TIES.— treated by someone on whom they de- a report that includes— ‘‘(A) MANDATORY ACTIVITIES.—An eligible (A) an evaluation of the effectiveness of pend for care or protection each year. entity receiving a grant under this section the grant program; This type of abuse is especially dis- shall use the funds received under the grant (B) a list of all laws of the State relating turbing because the victims are often to— to elder abuse; and physically frail, defenseless, and very ‘‘(i) provide training programs to assist (C) any other information the Director frightened. law enforcement agencies, prosecutors, agen- may require. It is time that we take action on the cies of States or units of local government, (5) TASK FORCE ALTERNATIVE.—If deter- population-specific organizations, victims mined appropriate by the Director, a State Federal level to protect older Ameri- cans who fall victim to physical, finan- service providers, victim advocates, and rel- may designate a commission or task force evant officers in Federal, Tribal, State, Ter- established by a State before January 1, 2011, cial, sexual and emotional abuse. We ritorial, and local courts in recognizing and with membership and functions comparable can do this by training law enforce- addressing instances of abuse in later life, in- to those described in paragraphs (2) and (3), ment, prosecutors, governmental agen- cluding domestic violence, dating violence, as a task force for the purposes of this sub- cies, victim advocates, and relevant sexual assault, stalking, exploitation, and section. court officers to recognize and address neglect; (6) TASK FORCE MEMBERSHIP WAIVER.—The instances of abuse in later life. This ‘‘(ii) provide or enhance services for vic- Director may waive, in part, the task force tims of abuse in later life, including domes- membership requirements under paragraph legislation also encourages cross-training of these groups and multidisci- tic violence, dating violence, sexual assault, (2) for a State that demonstrates a need for stalking, exploitation, and neglect; the waiver. plinary collaborative community ef- ‘‘(iii) establish or support multidisci- (d) USE OF FUNDS.—Grant funds awarded forts in order to better serve victims. plinary collaborative community responses under this section may be used to support— By passing this legislation, we will to victims of abuse in later life, including (1) State and local prosecutor offices and ensure that abuse later in life is given domestic violence, dating violence, sexual courts in elder abuse matters, including— the serious consideration it deserves assault, stalking, exploitation, and neglect; (A) hiring or paying salary and benefits for and make great strides to protect one and employees and establishing or implementing ‘‘(iv) conduct cross-training for law en- units designated to work on elder justice of the most vulnerable populations in America. I urge my colleagues to sup- forcement agencies, prosecutors, agencies of issues in State prosecutors’ offices and State States or units of local government, attor- courts; and port this important legislation. neys, health care providers, population-spe- (B) hiring or paying salary and benefits for Mr. President, I ask unanimous con- cific organizations, faith-based advocates, an employee to coordinate elder justice-resent that the text of the bill be printed victims service providers, and courts to bet- lated cases, training, technical assistance, in the RECORD. ter serve victims of abuse in later life, do- and policy development for State and local There being no objection, the text of mestic violence, dating violence, sexual as- prosecutors and courts; the bill was ordered to be printed in sault, stalking, exploitation, and neglect. (2) State and local law enforcement agen- the RECORD, as follows: ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible cies investigating cases of elder abuse; and S. 464 entity receiving a grant under this section (3) adult protective services. may use the funds received under the grant (e) EVALUATION AND REPORT.—Not later Be it enacted by the Senate and House of Rep- to— than 1 year after the date on which the Di- resentatives of the United States of America in ‘‘(i) provide training programs to assist at- rector makes available the final funds Congress assembled, torneys, health care providers, faith-based awarded under a grant under this section, SECTION 1. SHORT TITLE. leaders, or other community-based organiza- the Director shall— This Act may be cited as the ‘‘End Abuse tions in recognizing and addressing instances (1) evaluate the grant program established in Later Life Act of 2011’’. of abuse in later life, including domestic vio- under this section; and SEC. 2. ENHANCED TRAINING AND SERVICES TO lence, dating violence, sexual assault, stalk- (2) submit to the appropriate congressional END ABUSE IN LATER LIFE. ing, exploitation, and neglect; and committees a report on the evaluation con- (a) IN GENERAL.—Subtitle H of the Vio- ‘‘(ii) conducting outreach activities and ducted under paragraph (1), including rec- lence Against Women Act of 1994 (42 U.S.C. public awareness campaigns to ensure that ommendations on whether the grant pro- 14041 et seq.) is amended to read as follows: victims of abuse in later life (including do- gram should be continued. ‘‘Subtitle H—Enhanced Training and Services mestic violence, dating violence, sexual as- SEC. 6. ELDER JUSTICE COORDINATING COUN- to End Abuse Later in Life sault, stalking, exploitation, and neglect) re- CIL. ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES ceive appropriate assistance. Section 2021(b)(1)(B) of the Social Security TO END ABUSE IN LATER LIFE. ‘‘(C) LIMITATION.—An eligible entity re- Act (42 U.S.C. 1397k(b)(1)(B)) is amended by ‘‘(a) PURPOSES.—The purposes of this sec- ceiving a grant under this section may use striking ‘‘(or the Attorney General’s des- tion are to— not more than 10 percent of the total funds ignee)’’ and inserting ‘‘(or the Director of the ‘‘(1) provide training, consultation, and in- received under the grant for an activity de- Office of Elder Justice)’’. formation on abuse in later life, including scribed in subparagraph (B)(ii). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. domestic violence, dating violence, sexual ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be There is authorized to be appropriated to assault, stalking, exploitation, and neglect; eligible to receive a grant under this section carry out this Act $20,000,000 for each of fis- ‘‘(2) create or enhance direct services to if— cal years 2012 through 2014. victims of abuse in later life, including do- ‘‘(A) the entity is— mestic violence, dating violence, sexual as- ‘‘(i) a State; By Mr. KOHL (for himself, Mr. sault, stalking, exploitation, and neglect; ‘‘(ii) a unit of local government; CASEY, Mr. BLUMENTHAL, and and ‘‘(iii) an Indian Tribal government or Trib- Mr. BROWN of Ohio): ‘‘(3) create or support coordinated commu- al organization; S. 464. A bill to establish a grant pro- nity response to abuse in later life, including ‘‘(iv) a population-specific organization gram to enhance training and services domestic violence, dating violence, sexual with demonstrated experience in assisting assault, stalking, exploitation, and neglect. individuals over 50 years of age; to prevent abuse in later life; to the ‘‘(b) DEFINITIONS.—In this section— ‘‘(v) a victim service provider with dem- Committee on the Judiciary. ‘‘(1) the term ‘exploitation’ has the mean- onstrated experience in addressing domestic Mr. KOHL. Mr. President, I rise ing given the term in the section 2011 of the violence, dating violence, sexual assault, and today with Senators BLUMENTHAL, Social Security Act (42 U.S.C. 1397j); stalking; or

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1145 ‘‘(vi) a State, Tribal, or Territorial domes- SUBMITTED RESOLUTIONS ple of African Descent such that we can tic violence or sexual assault coalition; and continue to honor and recognize the ‘‘(B) the entity demonstrates that the enti- contributions of African-Americans ty is a part of a multidisciplinary partner- SENATE CONCURRENT RESOLU- and others to our societies beyond ship that includes, at a minimum— TION 9—SUPPORTING THE GOALS Black History Month. ‘‘(i) a law enforcement agency; AND IDEALS OF THE DESIGNA- ‘‘(ii) a prosecutor’s office; On December 10, 2010, Secretary Gen- ‘‘(iii) a victim service provider; and TION OF THE YEAR OF 2011 AS eral Ban Ki-moon launched the Inter- ‘‘(iv) a nonprofit program or government THE INTERNATIONAL YEAR FOR national Year for People of African De- agency with demonstrated experience in as- PEOPLE OF AFRICAN DESCENT scent to ‘‘promote greater awareness of sisting individuals in later life. Mr. CARDIN (for himself and Mr. and respect for the diverse heritage and ‘‘(4) UNDERSERVED POPULATIONS.—In mak- WICKER) submitted the following reso- culture of people of African descent.’’ ing grants under this section, the Attorney lution; which was referred to the Com- We should view this year not only as General shall give priority to proposals providing population-specific services to racial mittee on the Judiciary: an opportunity to celebrate the diver- and ethnic minorities and other underserved S. CON RES. 9 sity of our societies, but also to honor populations. Whereas United Nations Resolution 64/169, the vast contributions persons of Afri- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— adopted by the General Assembly on Decem- can descent make every day to the eco- ‘‘(A) IN GENERAL.—There are authorized to ber 18, 2009, designates the year 2011 as the nomic, social and political fabric of our be appropriated to carry out this subsection ‘‘International Year for People of African communities—be they in Africa, Latin $10,000,000 for each of fiscal years 2012 Descent’’; America, Europe, or right here at home through 2016. Whereas the African Diaspora is expansive, in the United States. ‘‘(B) REQUIREMENT.—Amounts appropriated spanning across the globe from Latin Amer- pursuant to subparagraph (A) shall remain ica and the Caribbean to Asia, with persons It is also necessary that we recognize available until expended and may only be of African descent living on every continent, the global impact of the slave trade. As used for the activities described in this sub- including Europe; Secretary Hillary Clinton noted in her section. Whereas the historical bonds and shared recognition of this year, ‘‘[this is a ‘‘(C) ALLOCATION OF FUNDS.— experiences that tie the African continent time] to remember our hemisphere’s ‘‘(i) ADMINISTRATIVE COSTS.—Of the amount with the world must be recalled; shameful history of slavery and to reaf- appropriated pursuant to subparagraph (A) Whereas the global contributions of people firm our commitment to eradicate rac- in each fiscal year, the Attorney General of African descent must be recognized as a ism and reduce inequality wherever it may use not more than 2.5 percent for ad- means of preserving that heritage; ministration and monitoring of grants made Whereas the General Assembly of the lingers.’’ under this subsection. United Nations adopted Resolution 64/169 All too often, persons of African de- ‘‘(ii) EVALUATION.—Of the amount appro- with a view to strengthening national ac- scent in this country and abroad face priated pursuant to subparagraph (A) in each tions and regional and international co- discrimination and disadvantage. We fiscal year the Attorney General may use operation for the benefit of people of African must not only do more at home, but not more than 5 percent for contracts or co- descent in relation to— also partner with others around the operative agreements with entities with (1) the full enjoyment of economic, cul- globe to address these problems. demonstrated expertise in program evalua- tural, social, civil, and political rights for In the Senate, I have led efforts to tion, to evaluate programs under this sub- people of African descent; section. (2) the participation and integration of strengthen the civil rights of African- ‘‘(d) RESEARCH.— people of African descent in all political, Americans and others from hate crimes ‘‘(1) IN GENERAL.—The Attorney General, in economic, social, and cultural aspects of so- prevention to voting rights. As Co- consultation with the Secretary of Health ciety; and Chairman of the Helsinki Commission, and Human Services, shall conduct research (3) the promotion of greater knowledge of, I have worked to support the ideals en- to promote understanding of, prevention of, and respect for, the diverse heritage and cul- shrined in the 1975 Helsinki Final Act and response to abuse in later life, including ture of people of African descent; and to ‘‘respect human rights and funda- domestic violence, sexual abuse, dating vio- Whereas the Helsinki Final Act resulting from the Conference on Security and Co- mental freedoms . . . for all without lence, stalking, exploitation, and neglect. distinction as to race, sex, language, or ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— operation in Europe in 1975 states that ‘‘par- There are authorized to be appropriated to ticipating States will respect human rights religion.’’ carry out paragraph (1) $3,000,000 for each of and fundamental freedoms (. . .) for all with- This has included supporting efforts fiscal years 2012 through 2016.’’. out distinction as to race, sex, language, or to raise awareness of the specific situa- (b) DEFINITION.—Section 40002(a) of the Vi- religion;’’: Now, therefore, be it tion of the estimated seven to nine mil- olence Against Women Act of 1994 (42 U.S.C. Resolved by the Senate (the House of Rep- lion persons of African descent in Eu- 13925(a)) is amended— resentatives concurring), That Congress— rope following increased incidents of (1) by striking paragraph (9); (1) supports the goals and ideals of the designation of the year of 2011 as the Inter- hate crimes, racial profiling, and other (2) by redesignating paragraphs (1) through forms of discrimination amidst eco- (8) as paragraphs (2) through (9), respec- national Year for People of African Descent; tively; and (2) encourages the recognition and celebra- nomic crisis, national security, and im- (3) by inserting before paragraph (2), as re- tion of the collective history and achieve- migration concerns. designated, the following: ments made by people of African descent; As we mark the International Year ‘‘(1) ABUSE IN LATER LIFE.—The term ‘abuse (3) reaffirms the importance of inclusion for People of African Descent, I ask in later life’ means any action against a per- and the full and equal participation of people that you join me in my work pro- son who is 50 years of age or older that con- of African descent around the world in all as- moting equality, opportunity, under- stitutes the willful— pects of political, economic, social, and cultural life; standing, and respect at home and ‘‘(A) infliction of injury, unreasonable con- around the world. finement, intimidation, or cruel punishment (4) continues to support bilateral and mul- with resulting physical harm, pain, or men- tilateral efforts to promote democracy, f human rights, the rule of law, and the eradi- tal anguish; or AMENDMENTS SUBMITTED AND ‘‘(B) deprivation by a person, including a cation of poverty, hunger, inequality, and so- caregiver, of goods or services with intent to cial exclusion; and PROPOSED cause physical harm, mental anguish, or (5) reaffirms the commitment of Congress SA 133. Mrs. FEINSTEIN (for herself, Mr. mental illness.’’. to address racism, discrimination, and intol- RISCH, Mr. REID of Nevada, Mr. CRAPO, Mrs. erance in the United States and around the (c) TECHNICAL AND CONFORMING CORREC- BOXER, and Mr. ENSIGN) submitted an globe. TION.—The table of contents in section 2 of amendment intended to be proposed by her the Violent Crime Control and Law Enforce- Mr. CARDIN. Mr. President, I rise to the bill S. 23, to amend title 35, United ment Act of 1994 (Public Law 103–322; 108 today at the close of Black History States Code, to provide for patent reform. Stat. 1796) is amended in the table of con- Month to introduce this concurrent SA 134. Mr. ROCKEFELLER (for himself, tents by inserting after the item relating to resolution that supports the continued Mrs. SHAHEEN, and Ms. STABENOW) submitted section 40703 the following: recognition of persons of African dean amendment intended to be proposed by him to the bill S. 23, supra; which was or- ‘‘Subtitle H — Enhanced Training and scent throughout the year both here dered to lie on the table. Services to End Abuse Later in Life and abroad. This resolution commemo- SA 135. Ms. COLLINS (for herself and Mr. ‘‘Sec. 40801. Enhance training and services rates the United Nations designation of ALEXANDER) submitted an amendment in- to end abuse later in life.’’. 2011 as the International Year for Peo- tended to be proposed by her to the bill S. 23,

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1146 CONGRESSIONAL RECORD — SENATE March 2, 2011 supra; which was ordered to lie on the table. the requirement to disclose the best mode)’’ permanent change of station travel (includ- SA 136. Ms. LANDRIEU submitted an after ‘‘section 112 of this title’’ ing all expenses thereof for organizational amendment intended to be proposed by her On page 98, strike lines 20 and 21, and in- movements), and expenses of temporary duty to the bill S. 23, supra; which was ordered to sert the following: travel between permanent duty stations, for lie on the table. SEC. 17. EFFECTIVE DATE. members of the Army on active duty, (except SA 137. Ms. LANDRIEU (for herself and Mr. Except as otherwise provided members of reserve components provided for CARDIN) submitted an amendment intended On page 99, strike lines 1 through 14. elsewhere), cadets, and aviation cadets; for to be proposed to amendment SA 117 pro- members of the Reserve Officers’ Training posed by Mr. BENNET (for himself and Mr. SA 134. Mr. ROCKEFELLER (for him- Corps; and for payments pursuant to section UDALL of Colorado) to the bill S. 23, supra; self, Mrs. SHAHEEN, and Ms. STABENOW) 156 of Public Law 97–377, as amended (42 which was ordered to lie on the table. submitted an amendment intended to U.S.C. 402 note), and to the Department of SA 138. Mr. BROWN of Ohio (for himself be proposed by him to the bill S. 23, to Defense Military Retirement Fund, and Mr. COONS) submitted an amendment in- $41,042,653,000. tended to be proposed by him to the bill S. amend title 35, United States Code, to MILITARY PERSONNEL, NAVY 23, supra; which was ordered to lie on the provide for patent reform; which was table. ordered to lie on the table; as follows: For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, SA 139. Mrs. MCCASKILL submitted an After section 17, insert the following: amendment intended to be proposed by her permanent change of station travel (includ- SEC. 18. PROHIBITION OF AUTHORIZED ing all expenses thereof for organizational to the bill S. 23, supra; which was ordered to GENERICS. movements), and expenses of temporary duty lie on the table. (a) PROHIBITION OF AUTHORIZED GENERICS.— travel between permanent duty stations, for SA 140. Mrs. BOXER (for herself and Mr. Section 505 of the Federal Food, Drug, and members of the Navy on active duty (except UDALL of Colorado) submitted an amend- Cosmetic Act (21 U.S.C. 355) is amended by members of the Reserve provided for else- ment intended to be proposed by her to the adding at the end the following: where), midshipmen, and aviation cadets; for bill S. 23, supra; which was ordered to lie on ‘‘(w) PROHIBITION OF AUTHORIZED GENERIC members of the Reserve Officers’ Training the table. DRUGS.— Corps; and for payments pursuant to section ‘‘(1) IN GENERAL.—Notwithstanding any f 156 of Public Law 97–377, as amended (42 other provision of this Act, no holder of a U.S.C. 402 note), and to the Department of TEXT OF AMENDMENTS new drug application approved under sub- Defense Military Retirement Fund, section (c) shall manufacture, market, sell, SA 133. Mrs. FEINSTEIN (for herself, $25,912,449,000. Mr. RISCH, Mr. REID of Nevada, Mr. or distribute an authorized generic drug, di- MILITARY PERSONNEL, MARINE CORPS CRAPO, Mrs. BOXER, and Mr. ENSIGN) rectly or indirectly, or authorize any other For pay, allowances, individual clothing, submitted an amendment intended to person to manufacture, market, sell, or distribute an authorized generic drug. subsistence, interest on deposits, gratuities, be proposed by her to the bill S. 23, to ‘‘(2) AUTHORIZED GENERIC DRUG.—For pur- permanent change of station travel (includ- amend title 35, United States Code, to poses of this subsection, the term ‘author- ing all expenses thereof for organizational provide for patent reform; as follows: ized generic drug’— movements), and expenses of temporary duty On page 2, line 1, strike ‘‘FIRST INVEN- ‘‘(A) means any version of a listed drug (as travel between permanent duty stations, for TOR TO FILE.’’ and insert ‘‘FALSE MARK- such term is used in subsection (j)) that the members of the Marine Corps on active duty ING.’’ holder of the new drug application approved (except members of the Reserve provided for On page 2, strike line 2 and all that follows under subsection (c) for that listed drug elsewhere); and for payments pursuant to through page 16, line 4. seeks to commence marketing, selling, or section 156 of Public Law 97–377, as amended On page 16, line 5, strike ‘‘(1) IN GENERAL.— distributing, directly or indirectly, after re- (42 U.S.C. 402 note), and to the Department of ’’ and insert ‘‘(a) IN GENERAL.—’’ and move 2 ceipt of a notice sent pursuant to subsection Defense Military Retirement Fund, ems to the left. (j)(2)(B) with respect to that listed drug; and $13,210,161,000. On page 16, line 7, strike ‘‘(A)’’ and insert ‘‘(B) does not include any drug to be mar- MILITARY PERSONNEL, AIR FORCE ‘‘(1)’’ and move 2 ems to the left. keted, sold, or distributed— For pay, allowances, individual clothing, On page 16, line 11, strike ‘‘(B)’’ and insert ‘‘(i) by an entity eligible for 180-day exclu- subsistence, interest on deposits, gratuities, ‘‘(2)’’ and move 2 ems to the left. sivity with respect to such drug under sub- permanent change of station travel (includ- On page 16, line 18, strike ‘‘(2) EFFECTIVE section (j)(5)(B)(iv); or ing all expenses thereof for organizational DATE.—’’ and insert ‘‘(b) EFFECTIVE DATE.—’’ ‘‘(ii) after expiration or forfeiture of any movements), and expenses of temporary duty and move 2 ems to the left. 180-day exclusivity with respect to such drug travel between permanent duty stations, for On page 16, line 19, strike ‘‘subsection’’ and under such subsection (j)(5)(B)(iv).’’. members of the Air Force on active duty (ex- insert ‘‘section’’. (b) CONFORMING AMENDMENT.—Section cept members of reserve components pro- On page 16, strike line 22 and all that fol- 505(t)(3) of the Federal Food, Drug, and Cos- vided for elsewhere), cadets, and aviation ca- lows through page 23, line 2. metic Act (21 U.S.C. 355(t)(3)) is amended by dets; for members of the Reserve Officers’ On page 23, strike line 3 and all that fol- striking ‘‘In this section’’ and inserting ‘‘In Training Corps; and for payments pursuant lows through page 31, line 15, and renumber this subsection’’. sections accordingly. to section 156 of Public Law 97–377, as On page 64, strike line 18 and all that fol- SA 135. Ms. COLLINS (for herself and amended (42 U.S.C. 402 note), and to the De- lows through page 65, line 17. partment of Defense Military Retirement Mr. ALEXANDER) submitted an amend- Fund, $27,105,755,000. On page 69, line 10, strike ‘‘derivation’’ and ment intended to be proposed by her to insert ‘‘interference’’. RESERVE PERSONNEL, ARMY On page 69, line 14, strike ‘‘derivation’’ and the bill S. 23, to amend title 35, United States Code, to provide for patent re- For pay, allowances, clothing, subsistence, insert ‘‘interference’’. gratuities, travel, and related expenses for On page 71, line 9, strike ‘‘DERIVATION’’ and form; which was ordered to lie on the personnel of the Army Reserve on active insert ‘‘INTERFERENCE’’. table; as follows: duty under sections 10211, 10302, and 3038 of On page 71, lines 9 and 10, strike ‘‘deriva- At the appropriate place, insert the fol- title 10, United States Code, or while serving tion’’ and insert ‘‘interference’’. lowing: on active duty under section 12301(d) of title On page 71, line 14, strike ‘‘derivation’’ and SEC. ll. REFERENCES. 10, United States Code, in connection with insert ‘‘interference’’. Except as expressly provided otherwise, performing duty specified in section 12310(a) On page 72, line 3, strike ‘‘derivation’’ and any reference to ‘‘this Act’’ contained in di- of title 10, United States Code, or while un- insert ‘‘interference’’. vision A of this Act shall be treated as refer- dergoing reserve training, or while per- On page 72, line 8, strike ‘‘derivation’’ and ring only to the provisions of that division. forming drills or equivalent duty or other insert ‘‘interference’’. duty, and expenses authorized by section On page 73, line 1, strike ‘‘derivation’’ and DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011 16131 of title 10, United States Code; and for insert ‘‘interference’’. payments to the Department of Defense Mili- On page 73, between lines 5 and 6, insert The following sums are appropriated, out tary Retirement Fund, $4,333,165,000. the following: of any money in the Treasury not otherwise (d) CONFORMING AMENDMENTS.—Sections 41, appropriated, for the fiscal year ending Sep- RESERVE PERSONNEL, NAVY 134, 145, 146, 154, 305, and 314 of title 35, tember 30, 2011, for military functions ad- For pay, allowances, clothing, subsistence, United States Code, are each amended by ministered by the Department of Defense gratuities, travel, and related expenses for striking ‘‘Board of Patent Appeals and Inter- and for other purposes, namely: personnel of the Navy Reserve on active duty ferences’’ each place that term appears and TITLE I under section 10211 of title 10, United States inserting ‘‘Patent Trial and Appeal Board’’. Code, or while serving on active duty under MILITARY PERSONNEL On page 73, line 6, strike ‘‘(d)’’ and insert section 12301(d) of title 10, United States ‘‘(e)’’. MILITARY PERSONNEL, ARMY Code, in connection with performing duty On page 93, strike lines 6 through 8, and in- For pay, allowances, individual clothing, specified in section 12310(a) of title 10, United sert the following: by inserting ‘‘(other than subsistence, interest on deposits, gratuities, States Code, or while undergoing reserve

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training, or while performing drills or equiv- OPERATION AND MAINTENANCE, NAVY motor vehicles; travel and transportation; alent duty, and expenses authorized by sec- For expenses, not otherwise provided for, care of the dead; recruiting; procurement of tion 16131 of title 10, United States Code; and necessary for the operation and maintenance services, supplies, and equipment; and com- for payments to the Department of Defense of the Navy and the Marine Corps, as author- munications, $2,840,427,000. Military Retirement Fund, $1,940,191,000. ized by law; and not to exceed $14,804,000 can OPERATION AND MAINTENANCE, NAVY RESERVE RESERVE PERSONNEL, MARINE CORPS be used for emergencies and extraordinary For expenses, not otherwise provided for, For pay, allowances, clothing, subsistence, expenses, to be expended on the approval or necessary for the operation and mainte- gratuities, travel, and related expenses for authority of the Secretary of the Navy, and nance, including training, organization, and personnel of the Marine Corps Reserve on ac- payments may be made on his certificate of administration, of the Navy Reserve; repair tive duty under section 10211 of title 10, necessity for confidential military purposes, of facilities and equipment; hire of passenger United States Code, or while serving on ac- $37,809,239,000. motor vehicles; travel and transportation; tive duty under section 12301(d) of title 10, OPERATION AND MAINTENANCE, MARINE CORPS care of the dead; recruiting; procurement of United States Code, in connection with per- For expenses, not otherwise provided for, services, supplies, and equipment; and com- forming duty specified in section 12310(a) of necessary for the operation and maintenance munications, $1,344,264,000. title 10, United States Code, or while under- of the Marine Corps, as authorized by law, OPERATION AND MAINTENANCE, MARINE CORPS going reserve training, or while performing $5,539,740,000. RESERVE drills or equivalent duty, and for members of OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, the Marine Corps platoon leaders class, and For expenses, not otherwise provided for, necessary for the operation and mainte- expenses authorized by section 16131 of title nance, including training, organization, and 10, United States Code; and for payments to necessary for the operation and maintenance of the Air Force, as authorized by law; and administration, of the Marine Corps Reserve; the Department of Defense Military Retire- repair of facilities and equipment; hire of ment Fund, $612,191,000. not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be ex- passenger motor vehicles; travel and trans- RESERVE PERSONNEL, AIR FORCE pended on the approval or authority of the portation; care of the dead; recruiting; pro- For pay, allowances, clothing, subsistence, Secretary of the Air Force, and payments curement of services, supplies, and equip- gratuities, travel, and related expenses for may be made on his certificate of necessity ment; and communications, $275,484,000. personnel of the Air Force Reserve on active for confidential military purposes, OPERATION AND MAINTENANCE, AIR FORCE duty under sections 10211, 10305, and 8038 of $36,062,989,000. RESERVE title 10, United States Code, or while serving OPERATION AND MAINTENANCE, DEFENSE-WIDE For expenses, not otherwise provided for, on active duty under section 12301(d) of title necessary for the operation and mainte- (INCLUDING TRANSFER OF FUNDS) 10, United States Code, in connection with nance, including training, organization, and performing duty specified in section 12310(a) For expenses, not otherwise provided for, administration, of the Air Force Reserve; re- of title 10, United States Code, or while unnecessary for the operation and maintenance pair of facilities and equipment; hire of pas- dergoing reserve training, or while per- of activities and agencies of the Department senger motor vehicles; travel and transpor- forming drills or equivalent duty or other of Defense (other than the military depart- tation; care of the dead; recruiting; procure- duty, and expenses authorized by section ments), as authorized by law, $30,210,810,000: ment of services, supplies, and equipment; 16131 of title 10, United States Code; and for Provided, That not more than $50,000,000 may and communications, $3,291,027,000. payments to the Department of Defense Mili- be used for the Combatant Commander Ini- OPERATION AND MAINTENANCE, ARMY tary Retirement Fund, $1,650,797,000. tiative Fund authorized under section 166a of NATIONAL GUARD NATIONAL GUARD PERSONNEL, ARMY title 10, United States Code: Provided further, That not to exceed $36,000,000 can be used for For expenses of training, organizing, and For pay, allowances, clothing, subsistence, administering the Army National Guard, in- gratuities, travel, and related expenses for emergencies and extraordinary expenses, to be expended on the approval or authority of cluding medical and hospital treatment and personnel of the Army National Guard while related expenses in non-Federal hospitals; on duty under section 10211, 10302, or 12402 of the Secretary of Defense, and payments may be made on his certificate of necessity for maintenance, operation, and repairs to title 10 or section 708 of title 32, United structures and facilities; hire of passenger States Code, or while serving on duty under confidential military purposes: Provided further, That of the funds provided under this motor vehicles; personnel services in the Na- section 12301(d) of title 10 or section 502(f) of tional Guard Bureau; travel expenses (other title 32, United States Code, in connection heading, not less than $31,659,000 shall be made available for the Procurement Tech- than mileage), as authorized by law for with performing duty specified in section Army personnel on active duty, for Army 12310(a) of title 10, United States Code, or nical Assistance Cooperative Agreement Program, of which not less than $3,600,000 National Guard division, regimental, and while undergoing training, or while per- battalion commanders while inspecting units forming drills or equivalent duty or other shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none in compliance with National Guard Bureau duty, and expenses authorized by section regulations when specifically authorized by 16131 of title 10, United States Code; and for of the funds appropriated or otherwise made available by this Act may be used to plan or the Chief, National Guard Bureau; supplying payments to the Department of Defense Mili- and equipping the Army National Guard as tary Retirement Fund, $7,511,296,000. implement the consolidation of a budget or appropriations liaison office of the Office of authorized by law; and expenses of repair, NATIONAL GUARD PERSONNEL, AIR FORCE the Secretary of Defense, the office of the modification, maintenance, and issue of sup- For pay, allowances, clothing, subsistence, Secretary of a military department, or the plies and equipment (including aircraft), gratuities, travel, and related expenses for service headquarters of one of the Armed $6,454,624,000. personnel of the Air National Guard on duty Forces into a legislative affairs or legislative OPERATION AND MAINTENANCE, AIR NATIONAL under section 10211, 10305, or 12402 of title 10 liaison office: Provided further, That GUARD or section 708 of title 32, United States Code, $8,251,000, to remain available until ex- For expenses of training, organizing, and or while serving on duty under section pended, is available only for expenses relat- administering the Air National Guard, in- 12301(d) of title 10 or section 502(f) of title 32, ing to certain classified activities, and may cluding medical and hospital treatment and United States Code, in connection with per- be transferred as necessary by the Secretary related expenses in non-Federal hospitals; forming duty specified in section 12310(a) of of Defense to operation and maintenance ap- maintenance, operation, and repairs to title 10, United States Code, or while under- propriations or research, development, test structures and facilities; transportation of going training, or while performing drills or and evaluation appropriations, to be merged things, hire of passenger motor vehicles; sup- equivalent duty or other duty, and expenses with and to be available for the same time plying and equipping the Air National authorized by section 16131 of title 10, United period as the appropriations to which trans- Guard, as authorized by law; expenses for re- States Code; and for payments to the Depart- ferred: Provided further, That any ceiling on pair, modification, maintenance, and issue of ment of Defense Military Retirement Fund, the investment item unit cost of items that supplies and equipment, including those fur- $3,060,098,000. may be purchased with operation and main- nished from stocks under the control of TITLE II tenance funds shall not apply to the funds agencies of the Department of Defense; trav- OPERATION AND MAINTENANCE described in the preceding proviso: Provided el expenses (other than mileage) on the same OPERATION AND MAINTENANCE, ARMY further, That the transfer authority provided basis as authorized by law for Air National under this heading is in addition to any For expenses, not otherwise provided for, Guard personnel on active Federal duty, for other transfer authority provided elsewhere necessary for the operation and maintenance Air National Guard commanders while in- in this Act. of the Army, as authorized by law; and not specting units in compliance with National to exceed $12,478,000 can be used for emer- OPERATION AND MAINTENANCE, ARMY Guard Bureau regulations when specifically gencies and extraordinary expenses, to be ex- RESERVE authorized by the Chief, National Guard Bu- pended on the approval or authority of the For expenses, not otherwise provided for, reau, $5,963,839,000. Secretary of the Army, and payments may necessary for the operation and mainte- UNITED STATES COURT OF APPEALS FOR THE be made on his certificate of necessity for nance, including training, organization, and ARMED FORCES confidential military purposes, administration, of the Army Reserve; repair For salaries and expenses necessary for the $33,306,117,000. of facilities and equipment; hire of passenger United States Court of Appeals for the

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1148 CONGRESSIONAL RECORD — SENATE March 2, 2011 Armed Forces, $14,068,000, of which not to ex- upon determining that such funds are re- TITLE III ceed $5,000 may be used for official represen- quired for environmental restoration, reduc- PROCUREMENT tation purposes. tion and recycling of hazardous waste, re- AIRCRAFT PROCUREMENT, ARMY moval of unsafe buildings and debris of the ENVIRONMENTAL RESTORATION, ARMY For construction, procurement, produc- Department of Defense, or for similar pur- (INCLUDING TRANSFER OF FUNDS) tion, modification, and modernization of air- poses, transfer the funds made available by craft, equipment, including ordnance, ground For the Department of the Army, this appropriation to other appropriations handling equipment, spare parts, and acces- $464,581,000, to remain available until trans- made available to the Department of De- sories therefor; specialized equipment and ferred: Provided, That the Secretary of the fense, to be merged with and to be available training devices; expansion of public and pri- Army shall, upon determining that such for the same purposes and for the same time vate plants, including the land necessary funds are required for environmental res- period as the appropriations to which trans- therefor, for the foregoing purposes, and toration, reduction and recycling of haz- ferred: Provided further, That upon a deter- ardous waste, removal of unsafe buildings such lands and interests therein, may be ac- mination that all or part of the funds trans- quired, and construction prosecuted thereon and debris of the Department of the Army, ferred from this appropriation are not nec- or for similar purposes, transfer the funds prior to approval of title; and procurement essary for the purposes provided herein, such and installation of equipment, appliances, made available by this appropriation to amounts may be transferred back to this ap- other appropriations made available to the and machine tools in public and private propriation: Provided further, That the trans- plants; reserve plant and Government and Department of the Army, to be merged with fer authority provided under this heading is and to be available for the same purposes contractor-owned equipment layaway; and in addition to any other transfer authority other expenses necessary for the foregoing and for the same time period as the appro- provided elsewhere in this Act. priations to which transferred: Provided fur- purposes, $5,254,791,000, to remain available ENVIRONMENTAL RESTORATION, FORMERLY ther, That upon a determination that all or for obligation until September 30, 2013. USED DEFENSE SITES part of the funds transferred from this appro- MISSILE PROCUREMENT, ARMY priation are not necessary for the purposes (INCLUDING TRANSFER OF FUNDS) For construction, procurement, produc- provided herein, such amounts may be trans- For the Department of the Army, tion, modification, and modernization of ferred back to this appropriation: Provided $316,546,000, to remain available until trans- missiles, equipment, including ordnance, further, That the transfer authority provided ferred: Provided, That the Secretary of the ground handling equipment, spare parts, and under this heading is in addition to any Army shall, upon determining that such accessories therefor; specialized equipment other transfer authority provided elsewhere funds are required for environmental res- and training devices; expansion of public and in this Act. toration, reduction and recycling of haz- private plants, including the land necessary ardous waste, removal of unsafe buildings ENVIRONMENTAL RESTORATION, NAVY therefor, for the foregoing purposes, and and debris at sites formerly used by the De- such lands and interests therein, may be ac- (INCLUDING TRANSFER OF FUNDS) partment of Defense, transfer the funds made quired, and construction prosecuted thereon For the Department of the Navy, available by this appropriation to other ap- prior to approval of title; and procurement $304,867,000, to remain available until trans- propriations made available to the Depart- and installation of equipment, appliances, ferred: Provided, That the Secretary of the ment of the Army, to be merged with and to and machine tools in public and private Navy shall, upon determining that such be available for the same purposes and for plants; reserve plant and Government and funds are required for environmental res- the same time period as the appropriations contractor-owned equipment layaway; and toration, reduction and recycling of haz- to which transferred: Provided further, That other expenses necessary for the foregoing ardous waste, removal of unsafe buildings upon a determination that all or part of the purposes, $1,570,108,000, to remain available and debris of the Department of the Navy, or funds transferred from this appropriation are for obligation until September 30, 2013. for similar purposes, transfer the funds made not necessary for the purposes provided here- PROCUREMENT OF WEAPONS AND TRACKED available by this appropriation to other ap- in, such amounts may be transferred back to COMBAT VEHICLES, ARMY propriations made available to the Depart- this appropriation: Provided further, That the For construction, procurement, produc- ment of the Navy, to be merged with and to transfer authority provided under this head- tion, and modification of weapons and be available for the same purposes and for ing is in addition to any other transfer au- tracked combat vehicles, equipment, includ- the same time period as the appropriations thority provided elsewhere in this Act. ing ordnance, spare parts, and accessories to which transferred: Provided further, That OVERSEAS HUMANITARIAN, DISASTER, AND therefor; specialized equipment and training upon a determination that all or part of the CIVIC AID devices; expansion of public and private funds transferred from this appropriation are For expenses relating to the Overseas Hu- plants, including the land necessary there- not necessary for the purposes provided here- manitarian, Disaster, and Civic Aid pro- for, for the foregoing purposes, and such in, such amounts may be transferred back to grams of the Department of Defense (con- lands and interests therein, may be acquired, this appropriation: Provided further, That the sisting of the programs provided under sec- and construction prosecuted thereon prior to transfer authority provided under this head- tions 401, 402, 404, 407, 2557, and 2561 of title approval of title; and procurement and in- ing is in addition to any other transfer au- 10, United States Code), $108,032,000, to re- stallation of equipment, appliances, and ma- thority provided elsewhere in this Act. main available until September 30, 2012. chine tools in public and private plants; re- ENVIRONMENTAL RESTORATION, AIR FORCE COOPERATIVE THREAT REDUCTION ACCOUNT serve plant and Government and contractor- (INCLUDING TRANSFER OF FUNDS) owned equipment layaway; and other ex- For assistance to the republics of the penses necessary for the foregoing purposes, For the Department of the Air Force, former Soviet Union and, with appropriate $1,461,086,000, to remain available for obliga- $502,653,000, to remain available until trans- authorization by the Department of Defense tion until September 30, 2013. ferred: Provided, That the Secretary of the and Department of State, to countries out- Air Force shall, upon determining that such side of the former Soviet Union, including PROCUREMENT OF AMMUNITION, ARMY funds are required for environmental res- assistance provided by contract or by grants, For construction, procurement, produc- toration, reduction and recycling of haz- for facilitating the elimination and the safe tion, and modification of ammunition, and ardous waste, removal of unsafe buildings and secure transportation and storage of nu- accessories therefor; specialized equipment and debris of the Department of the Air clear, chemical and other weapons; for estab- and training devices; expansion of public and Force, or for similar purposes, transfer the lishing programs to prevent the proliferation private plants, including ammunition facili- funds made available by this appropriation of weapons, weapons components, and weap- ties, authorized by section 2854 of title 10, to other appropriations made available to on-related technology and expertise; for pro- United States Code, and the land necessary the Department of the Air Force, to be grams relating to the training and support of therefor, for the foregoing purposes, and merged with and to be available for the same defense and military personnel for demili- such lands and interests therein, may be ac- purposes and for the same time period as the tarization and protection of weapons, weap- quired, and construction prosecuted thereon appropriations to which transferred: Provided ons components and weapons technology and prior to approval of title; and procurement further, That upon a determination that all expertise, and for defense and military con- and installation of equipment, appliances, or part of the funds transferred from this ap- tacts, $522,512,000, to remain available until and machine tools in public and private propriation are not necessary for the pur- September 30, 2013: Provided, That of the plants; reserve plant and Government and poses provided herein, such amounts may be amounts provided under this heading, not contractor-owned equipment layaway; and transferred back to this appropriation: Pro- less than $13,500,000 shall be available only to other expenses necessary for the foregoing vided further, That the transfer authority support the dismantling and disposal of nu- purposes, $1,847,066,000, to remain available provided under this heading is in addition to clear submarines, submarine reactor compo- for obligation until September 30, 2013. any other transfer authority provided else- nents, and security enhancements for trans- OTHER PROCUREMENT, ARMY where in this Act. port and storage of nuclear warheads in the (INCLUDING TRANSFER OF FUNDS) ENVIRONMENTAL RESTORATION, DEFENSE-WIDE Russian Far East and North. For construction, procurement, produc- (INCLUDING TRANSFER OF FUNDS) DEPARTMENT OF DEFENSE ACQUISITION tion, and modification of vehicles, including For the Department of Defense, $10,744,000, WORKFORCE DEVELOPMENT FUND tactical, support, and non-tracked combat to remain available until transferred: Pro- For the Department of Defense Acquisition vehicles; the purchase of passenger motor ve- vided, That the Secretary of Defense shall, Workforce Development Fund, $217,561,000. hicles for replacement only; communications

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AIRCRAFT PROCUREMENT, AIR FORCE plants; reserve plant and Government and NSSN, $3,430,343,000. For construction, procurement, and modi- contractor-owned equipment layaway; and NSSN (AP), $1,691,236,000. fication of aircraft and equipment, including other expenses necessary for the foregoing CVN Refueling, $1,248,999,000. armor and armament, specialized ground purposes, $8,145,665,000, to remain available CVN Refuelings (AP), $408,037,000. handling equipment, and training devices, for obligation until September 30, 2013: Pro- DDG–1000 Program, $77,512,000. spare parts, and accessories therefor; special- vided, That of the funds made available in DDG–51 Destroyer, $2,868,454,000. ized equipment; expansion of public and pri- this paragraph, $15,000,000 shall be made DDG–51 Destroyer (AP), $47,984,000. vate plants, Government-owned equipment available to procure equipment, not other- Littoral Combat Ship, $1,168,984,000. and installation thereof in such plants, erec- wise provided for, and may be transferred to Littoral Combat Ship (AP), $190,351,000. tion of structures, and acquisition of land, other procurement accounts available to the LHA–R, $942,837,000. for the foregoing purposes, and such lands Department of the Army, and that funds so Joint High Speed Vessel, $180,703,000. and interests therein, may be acquired, and transferred shall be available for the same Oceanographic Ships, $88,561,000. construction prosecuted thereon prior to ap- purposes and the same time period as the ac- LCAC Service Life Extension Program, proval of title; reserve plant and Govern- count to which transferred. $83,035,000. ment and contractor-owned equipment lay- AIRCRAFT PROCUREMENT, NAVY Service Craft, $13,770,000. away; and other expenses necessary for the For construction, procurement, produc- For outfitting, post delivery, conversions, foregoing purposes including rents and trans- tion, modification, and modernization of air- and first destination transportation, portation of things, $13,483,739,000, to remain craft, equipment, including ordnance, spare $295,570,000. available for obligation until September 30, parts, and accessories therefor; specialized In all: $15,366,658,000, to remain available 2013: Provided, That none of the funds pro- equipment; expansion of public and private for obligation until September 30, 2015: Pro- vided in this Act for modification of C–17 air- plants, including the land necessary there- vided, That additional obligations may be in- craft, Global Hawk Unmanned Aerial Vehicle for, and such lands and interests therein, curred after September 30, 2015, for engineer- and F–22 aircraft may be obligated until all may be acquired, and construction pros- ing services, tests, evaluations, and other C–17, Global Hawk and F–22 contracts funded ecuted thereon prior to approval of title; and such budgeted work that must be performed with prior year ‘‘Aircraft Procurement, Air procurement and installation of equipment, in the final stage of ship construction: Pro- Force’’ appropriated funds are definitized un- appliances, and machine tools in public and vided further, That none of the funds provided less the Secretary of the Air Force certifies private plants; reserve plant and Govern- under this heading for the construction or in writing to the congressional defense committees that each such obligation is nec- ment and contractor-owned equipment lay- conversion of any naval vessel to be con- essary to meet the needs of a warfighting re- away, $16,170,868,000, to remain available for structed in shipyards in the United States quirement or prevents increased costs to the obligation until September 30, 2013. shall be expended in foreign facilities for the construction of major components of such taxpayer, and provides the reasons for failing WEAPONS PROCUREMENT, NAVY vessel: Provided further, That none of the to definitize the prior year contracts along For construction, procurement, produc- funds provided under this heading shall be with the prospective contract definitization tion, modification, and modernization of used for the construction of any naval vessel schedule: Provided further, That the Sec- missiles, torpedoes, other weapons, and rein foreign shipyards. retary of the Air Force shall expand the cur- lated support equipment including spare rent HH–60 Operational Loss Replacement OTHER PROCUREMENT, NAVY parts, and accessories therefor; expansion of program to meet the approved HH–60 Recapi- public and private plants, including the land (INCLUDING TRANSFER OF FUNDS) talization program requirements. necessary therefor, and such lands and inter- For procurement, production, and mod- MISSILE PROCUREMENT, AIR FORCE ests therein, may be acquired, and construc- ernization of support equipment and mate- For construction, procurement, and modi- tion prosecuted thereon prior to approval of rials not otherwise provided for, Navy ord- fication of missiles, spacecraft, rockets, and title; and procurement and installation of nance (except ordnance for new aircraft, new related equipment, including spare parts and equipment, appliances, and machine tools in ships, and ships authorized for conversion); accessories therefor, ground handling equip- public and private plants; reserve plant and the purchase of passenger motor vehicles for ment, and training devices; expansion of pub- Government and contractor-owned equip- replacement only, and the purchase of seven lic and private plants, Government-owned ment layaway, $3,221,957,000, to remain avail- vehicles required for physical security of equipment and installation thereof in such able for obligation until September 30, 2013. personnel, notwithstanding price limitations plants, erection of structures, and acquisi- PROCUREMENT OF AMMUNITION, NAVY AND applicable to passenger vehicles but not to tion of land, for the foregoing purposes, and MARINE CORPS exceed $250,000 per vehicle; expansion of pub- such lands and interests therein, may be ac- For construction, procurement, produc- lic and private plants, including the land quired, and construction prosecuted thereon tion, and modification of ammunition, and necessary therefor, and such lands and inter- prior to approval of title; reserve plant and accessories therefor; specialized equipment ests therein, may be acquired, and construc- Government and contractor-owned equip- and training devices; expansion of public and tion prosecuted thereon prior to approval of ment layaway; and other expenses necessary private plants, including ammunition facili- title; and procurement and installation of for the foregoing purposes including rents ties, authorized by section 2854 of title 10, equipment, appliances, and machine tools in and transportation of things, $5,424,764,000, to United States Code, and the land necessary public and private plants; reserve plant and remain available for obligation until Sep- therefor, for the foregoing purposes, and Government and contractor-owned equip- tember 30, 2013. such lands and interests therein, may be ac- ment layaway, $5,804,963,000, to remain avail- PROCUREMENT OF AMMUNITION, AIR FORCE able for obligation until September 30, 2013: quired, and construction prosecuted thereon For construction, procurement, produc- Provided, That of the funds made available in prior to approval of title; and procurement tion, and modification of ammunition, and this paragraph, $15,000,000 shall be made and installation of equipment, appliances, accessories therefor; specialized equipment available to procure equipment, not other- and machine tools in public and private and training devices; expansion of public and wise provided for, and may be transferred to plants; reserve plant and Government and private plants, including ammunition facili- other procurement accounts available to the contractor-owned equipment layaway; and ties, authorized by section 2854 of title 10, Department of the Navy, and that funds so other expenses necessary for the foregoing United States Code, and the land necessary transferred shall be available for the same purposes, $790,527,000, to remain available for therefor, for the foregoing purposes, and purposes and the same time period as the ac- obligation until September 30, 2013. such lands and interests therein, may be account to which transferred. SHIPBUILDING AND CONVERSION, NAVY quired, and construction prosecuted thereon For expenses necessary for the construc- PROCUREMENT, MARINE CORPS prior to approval of title; and procurement tion, acquisition, or conversion of vessels as For expenses necessary for the procure- and installation of equipment, appliances, authorized by law, including armor and ar- ment, manufacture, and modification of mis- and machine tools in public and private mament thereof, plant equipment, appli- siles, armament, military equipment, spare plants; reserve plant and Government and ances, and machine tools and installation parts, and accessories therefor; plant equip- contractor-owned equipment layaway; and thereof in public and private plants; reserve ment, appliances, and machine tools, and in- other expenses necessary for the foregoing plant and Government and contractor-owned stallation thereof in public and private purposes, $731,487,000, to remain available for equipment layaway; procurement of critical, plants; reserve plant and Government and obligation until September 30, 2013.

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OTHER PROCUREMENT, AIR FORCE and evaluation, including maintenance, re- the first proviso on a case-by-case basis by (INCLUDING TRANSFER OF FUNDS) habilitation, lease, and operation of facili- certifying in writing to the Committees on For procurement and modification of ties and equipment, $17,961,303,000 (reduced Appropriations of the House of Representa- equipment (including ground guidance and by $225,000,000), to remain available for obli- tives and the Senate that adequate domestic electronic control equipment, and ground gation until September 30, 2012: Provided, supplies are not available to meet Depart- electronic and communication equipment), That funds appropriated in this paragraph ment of Defense requirements on a timely and supplies, materials, and spare parts which are available for the V–22 may be used basis and that such an acquisition must be therefor, not otherwise provided for; the pur- to meet unique operational requirements of made in order to acquire capability for na- chase of passenger motor vehicles for re- the Special Operations Forces: Provided fur- tional security purposes. placement only, and the purchase of two ve- ther, That funds appropriated in this para- TITLE VI graph shall be available for the Cobra Judy hicles required for physical security of per- OTHER DEPARTMENT OF DEFENSE program. sonnel, notwithstanding price limitations PROGRAMS applicable to passenger vehicles but not to RESEARCH, DEVELOPMENT, TEST AND DEFENSE HEALTH PROGRAM exceed $250,000 per vehicle; lease of passenger EVALUATION, AIR FORCE motor vehicles; and expansion of public and For expenses necessary for basic and ap- For expenses, not otherwise provided for, private plants, Government-owned equip- plied scientific research, development, test for medical and health care programs of the ment and installation thereof in such plants, and evaluation, including maintenance, re- Department of Defense as authorized by law, erection of structures, and acquisition of habilitation, lease, and operation of facili- $31,382,198,000; of which $29,671,764,000 shall be land, for the foregoing purposes, and such ties and equipment, $26,742,405,000 (reduced for operation and maintenance, of which not lands and interests therein, may be acquired, by $225,000,000), to remain available for obli- to exceed 1 percent shall remain available and construction prosecuted thereon, prior gation until September 30, 2012. until September 30, 2012, and of which up to to approval of title; reserve plant and Gov- $16,212,121,000 may be available for contracts RESEARCH, DEVELOPMENT, TEST AND ernment and contractor-owned equipment entered into under the TRICARE program; of EVALUATION, DEFENSE-WIDE layaway, $17,568,091,000, to remain available which $534,921,000, to remain available for ob- for obligation until September 30, 2013: Pro- For expenses of activities and agencies of ligation until September 30, 2013, shall be for vided, That of the funds made available in the Department of Defense (other than the procurement; and of which $1,175,513,000, to this paragraph, $15,000,000 shall be made military departments), necessary for basic remain available for obligation until Sep- available to procure equipment, not other- and applied scientific research, development, tember 30, 2012, shall be for research, devel- wise provided for, and may be transferred to test and evaluation; advanced research opment, test and evaluation: Provided, That, other procurement accounts available to the projects as may be designated and deter- notwithstanding any other provision of law, Department of the Air Force, and that funds mined by the Secretary of Defense, pursuant of the amount made available under this so transferred shall be available for the same to law; maintenance, rehabilitation, lease, heading for research, development, test and purposes and the same time period as the ac- and operation of facilities and equipment, evaluation, not less than $10,000,000 shall be count to which transferred. $20,797,412,000, to remain available for obliga- available for HIV prevention educational ac- PROCUREMENT, DEFENSE-WIDE tion until September 30, 2012: Provided, That tivities undertaken in connection with of the funds made available in this para- (INCLUDING TRANSFER OF FUNDS) United States military training, exercises, graph, $3,200,000 shall only be available for For expenses of activities and agencies of and humanitarian assistance activities con- program management and oversight of inno- ducted primarily in African nations. the Department of Defense (other than the vative research and development. military departments) necessary for procure- CHEMICAL AGENTS AND MUNITIONS ment, production, and modification of equip- OPERATIONAL TEST AND EVALUATION, DESTRUCTION, DEFENSE DEFENSE ment, supplies, materials, and spare parts For expenses, not otherwise provided for, therefor, not otherwise provided for; the pur- For expenses, not otherwise provided for, necessary for the destruction of the United chase of passenger motor vehicles for re- necessary for the independent activities of States stockpile of lethal chemical agents placement only; expansion of public and pri- the Director, Operational Test and Evalua- and munitions, to include construction of fa- vate plants, equipment, and installation tion, in the direction and supervision of cilities, in accordance with the provisions of thereof in such plants, erection of struc- operational test and evaluation, including section 1412 of the Department of Defense tures, and acquisition of land for the fore- initial operational test and evaluation which Authorization Act, 1986 (50 U.S.C. 1521), and going purposes, and such lands and interests is conducted prior to, and in support of, pro- for the destruction of other chemical warfare therein, may be acquired, and construction duction decisions; joint operational testing materials that are not in the chemical weap- prosecuted thereon prior to approval of title; and evaluation; and administrative expenses on stockpile, $1,467,307,000, of which reserve plant and Government and con- in connection therewith, $194,910,000, to re- $1,067,364,000 shall be for operation and main- tractor-owned equipment layaway, main available for obligation until Sep- tenance, of which no less than $111,178,000, $4,009,321,000, to remain available for obliga- tember 30, 2012. shall be for the Chemical Stockpile Emer- tion until September 30, 2013: Provided, That TITLE V gency Preparedness Program, consisting of of the funds made available in this para- REVOLVING AND MANAGEMENT FUNDS $35,130,000 for activities on military installa- graph, $15,000,000 shall be made available to DEFENSE WORKING CAPITAL FUNDS tions and $76,048,000, to remain available procure equipment, not otherwise provided until September 30, 2012, to assist State and for, and may be transferred to other procure- For the Defense Working Capital Funds, $1,434,536,000. local governments; $7,132,000 shall be for pro- ment accounts available to the Department curement, to remain available until Sep- NATIONAL DEFENSE SEALIFT FUND of Defense, and that funds so transferred tember 30, 2013; and $392,811,000, to remain shall be available for the same purposes and For National Defense Sealift Fund pro- available until September 30, 2012, shall be the same time period as the account to grams, projects, and activities, and for ex- for research, development, test and evalua- which transferred. penses of the National Defense Reserve tion, of which $385,868,000 shall only be for DEFENSE PRODUCTION ACT PURCHASES Fleet, as established by section 11 of the the Assembled Chemical Weapons Alter- For activities by the Department of De- Merchant Ship Sales Act of 1946 (50 U.S.C. natives (ACWA) program. fense pursuant to sections 108, 301, 302, and App. 1744), and for the necessary expenses to DRUG INTERDICTION AND COUNTER-DRUG 303 of the Defense Production Act of 1950 (50 maintain and preserve a U.S.-flag merchant ACTIVITIES, DEFENSE U.S.C. App. 2078, 2091, 2092, and 2093), fleet to serve the national security needs of $34,346,000, to remain available until ex- the United States, $1,474,866,000, to remain (INCLUDING TRANSFER OF FUNDS) pended. available until expended: Provided, That For drug interdiction and counter-drug ac- TITLE IV none of the funds provided in this paragraph tivities of the Department of Defense, for RESEARCH, DEVELOPMENT, TEST AND shall be used to award a new contract that transfer to appropriations available to the EVALUATION provides for the acquisition of any of the fol- Department of Defense for military per- lowing major components unless such com- sonnel of the reserve components serving RESEARCH, DEVELOPMENT, TEST AND ponents are manufactured in the United under the provisions of title 10 and title 32, EVALUATION, ARMY States: auxiliary equipment, including United States Code; for operation and main- For expenses necessary for basic and ap- pumps, for all shipboard services; propulsion tenance; for procurement; and for research, plied scientific research, development, test system components (engines, reduction development, test and evaluation, and evaluation, including maintenance, re- gears, and propellers); shipboard cranes; and $1,156,957,000: Provided, That the funds appro- habilitation, lease, and operation of facili- spreaders for shipboard cranes: Provided fur- priated under this heading shall be available ties and equipment, $9,710,998,000, to remain ther, That the exercise of an option in a con- for obligation for the same time period and available for obligation until September 30, tract awarded through the obligation of pre- for the same purpose as the appropriation to 2012. viously appropriated funds shall not be con- which transferred: Provided further, That RESEARCH, DEVELOPMENT, TEST AND sidered to be the award of a new contract: upon a determination that all or part of the EVALUATION, NAVY Provided further, That the Secretary of the funds transferred from this appropriation are For expenses necessary for basic and ap- military department responsible for such not necessary for the purposes provided here- plied scientific research, development, test procurement may waive the restrictions in in, such amounts may be transferred back to

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1151 this appropriation: Provided further, That the essary in the national interest, he may, with defense committees, unless the Secretary of transfer authority provided under this head- the approval of the Office of Management Defense certifies in writing to the congres- ing is in addition to any other transfer au- and Budget, transfer not to exceed sional defense committees that such re- thority contained elsewhere in this Act. $4,000,000,000 of working capital funds of the programming or transfer is necessary as an OFFICE OF THE INSPECTOR GENERAL Department of Defense or funds made avail- emergency requirement. For expenses and activities of the Office of able in this Act to the Department of De- SEC. 8008. The Secretaries of the Air Force the Inspector General in carrying out the fense for military functions (except military and the Army are authorized, using funds provisions of the Inspector General Act of construction) between such appropriations available under the headings ‘‘Operation and 1978, as amended, $306,794,000, of which or funds or any subdivision thereof, to be Maintenance, Air Force’’ and ‘‘Operation and $305,794,000 shall be for operation and main- merged with and to be available for the same Maintenance, Army’’, to complete facility tenance, of which not to exceed $700,000 is purposes, and for the same time period, as conversions and phased repair projects which available for emergencies and extraordinary the appropriation or fund to which trans- may include upgrades and additions to Alas- expenses to be expended on the approval or ferred: Provided, That such authority to kan range infrastructure and training areas, authority of the Inspector General, and pay- transfer may not be used unless for higher and improved access to these ranges. ments may be made on the Inspector Gen- priority items, based on unforeseen military (TRANSFER OF FUNDS) eral’s certificate of necessity for confidential requirements, than those for which origi- SEC. 8009. During the current fiscal year, nally appropriated and in no case where the military purposes; and of which $1,000,000, to cash balances in working capital funds of the item for which funds are requested has been remain available until September 30, 2013, Department of Defense established pursuant shall be for procurement. denied by the Congress: Provided further, to section 2208 of title 10, United States TITLE VII That the Secretary of Defense shall notify the Congress promptly of all transfers made Code, may be maintained in only such RELATED AGENCIES pursuant to this authority or any other au- amounts as are necessary at any time for CENTRAL INTELLIGENCE AGENCY RETIREMENT thority in this Act: Provided further, That no cash disbursements to be made from such AND DISABILITY SYSTEM FUND part of the funds in this Act shall be avail- funds: Provided, That transfers may be made For payment to the Central Intelligence able to prepare or present a request to the between such funds: Provided further, That Agency Retirement and Disability System Committees on Appropriations for re- transfers may be made between working cap- Fund, to maintain the proper funding level programming of funds, unless for higher pri- ital funds and the ‘‘Foreign Currency Fluc- for continuing the operation of the Central ority items, based on unforeseen military re- tuations, Defense’’ appropriation and the Intelligence Agency Retirement and Dis- quirements, than those for which originally ‘‘Operation and Maintenance’’ appropriation ability System, $292,000,000. appropriated and in no case where the item accounts in such amounts as may be deter- INTELLIGENCE COMMUNITY MANAGEMENT for which reprogramming is requested has mined by the Secretary of Defense, with the ACCOUNT been denied by the Congress: Provided fur- approval of the Office of Management and For necessary expenses of the Intelligence ther, That a request for multiple Budget, except that such transfers may not Community Management Account, reprogrammings of funds using authority be made unless the Secretary of Defense has $649,732,000. provided in this section shall be made prior notified the Congress of the proposed trans- TITLE VIII to June 30, 2011: Provided further, That transfer. Except in amounts equal to the amounts appropriated to working capital funds in this GENERAL PROVISIONS fers among military personnel appropriations shall not be taken into account for pur- Act, no obligations may be made against a SEC. 8001. No part of any appropriation poses of the limitation on the amount of working capital fund to procure or increase contained in this Act shall be used for pub- the value of war reserve material inventory, licity or propaganda purposes not authorized funds that may be transferred under this section. unless the Secretary of Defense has notified by the Congress. the Congress prior to any such obligation. SEC. 8002. During the current fiscal year, SEC. 8006. (a) With regard to the list of specific programs, projects, and activities (and SEC. 8010. Funds appropriated by this Act provisions of law prohibiting the payment of may not be used to initiate a special access compensation to, or employment of, any per- the dollar amounts and adjustments to budg- program without prior notification 30 cal- son not a citizen of the United States shall et activities corresponding to such programs, endar days in advance to the congressional not apply to personnel of the Department of projects, and activities) contained in the ta- defense committees. Defense: Provided, That salary increases bles titled ‘‘Explanation of Project Level Ad- SEC. 8011. None of the funds provided in granted to direct and indirect hire foreign justments’’ in the explanatory statement re- this Act shall be available to initiate: (1) a national employees of the Department of De- garding this Act, the obligation and expendi- multiyear contract that employs economic fense funded by this Act shall not be at a ture of amounts appropriated or otherwise rate in excess of the percentage increase au- made available in this Act for those pro- order quantity procurement in excess of thorized by law for civilian employees of the grams, projects, and activities for which the $20,000,000 in any one year of the contract or Department of Defense whose pay is com- amounts appropriated exceed the amounts that includes an unfunded contingent liabil- puted under the provisions of section 5332 of requested are hereby required by law to be ity in excess of $20,000,000; or (2) a contract title 5, United States Code, or at a rate in ex- carried out in the manner provided by such for advance procurement leading to a cess of the percentage increase provided by tables to the same extent as if the tables multiyear contract that employs economic the appropriate host nation to its own em- were included in the text of this Act. order quantity procurement in excess of ployees, whichever is higher: Provided fur- (b) Amounts specified in the referenced ta- $20,000,000 in any one year, unless the con- ther, That, in the case of a host nation that bles described in subsection (a) shall not be gressional defense committees have been no- does not provide salary increases on an an- treated as subdivisions of appropriations for tified at least 30 days in advance of the pro- nual basis, any increase granted by that na- purposes of section 8005 of this Act: Provided, posed contract award: Provided, That no part tion shall be annualized for the purpose of That section 8005 shall apply when transfers of any appropriation contained in this Act applying the preceding proviso: Provided fur- of the amounts described in subsection (a) shall be available to initiate a multiyear ther, That this section shall not apply to De- occur between appropriation accounts. contract for which the economic order quan- partment of Defense foreign service national SEC. 8007. (a) Not later than 60 days after tity advance procurement is not funded at employees serving at United States diplo- enactment of this Act, the Department of least to the limits of the Government’s li- matic missions whose pay is set by the De- Defense shall submit a report to the congres- ability: Provided further, That no part of any partment of State under the Foreign Service sional defense committees to establish the appropriation contained in this Act shall be Act of 1980: Provided further, That the limita- baseline for application of reprogramming available to initiate multiyear procurement tions of this provision shall not apply to for- and transfer authorities for fiscal year 2011: contracts for any systems or component eign national employees of the Department Provided, That the report shall include— thereof if the value of the multiyear con- of Defense in the Republic of Turkey. (1) a table for each appropriation with a tract would exceed $500,000,000 unless specifi- SEC. 8003. No part of any appropriation separate column to display the President’s cally provided in this Act: Provided further, contained in this Act shall remain available budget request, adjustments made by Con- That no multiyear procurement contract can for obligation beyond the current fiscal year, gress, adjustments due to enacted rescis- be terminated without 10-day prior notifica- unless expressly so provided herein. sions, if appropriate, and the fiscal year en- tion to the congressional defense commit- SEC. 8004. No more than 20 percent of the acted level; tees: Provided further, That the execution of appropriations in this Act which are limited (2) a delineation in the table for each ap- multiyear authority shall require the use of for obligation during the current fiscal year propriation both by budget activity and pro- a present value analysis to determine lowest shall be obligated during the last 2 months of gram, project, and activity as detailed in the cost compared to an annual procurement: the fiscal year: Provided, That this section Budget Appendix; and Provided further, That none of the funds pro- shall not apply to obligations for support of (3) an identification of items of special vided in this Act may be used for a active duty training of reserve components congressional interest. multiyear contract executed after the date or summer camp training of the Reserve Of- (b) Notwithstanding section 8005 of this of the enactment of this Act unless in the ficers’ Training Corps. Act, none of the funds provided in this Act case of any such contract— (TRANSFER OF FUNDS) shall be available for reprogramming or (1) the Secretary of Defense has submitted SEC. 8005. Upon determination by the Sec- transfer until the report identified in sub- to Congress a budget request for full funding retary of Defense that such action is nec- section (a) is submitted to the congressional of units to be procured through the contract

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1152 CONGRESSIONAL RECORD — SENATE March 2, 2011 and, in the case of a contract for procure- and receiving benefits paid by the Secretary policy and is deemed to be awarded under the ment of aircraft, that includes, for any air- of Veterans Affairs from the Department of authority of, and in compliance with, sub- craft unit to be procured through the con- Defense Education Benefits Fund when time section (h) of section 2304 of title 10, United tract for which procurement funds are re- spent as a full-time student is credited to- States Code, for the competition or out- quested in that budget request for produc- ward completion of a service commitment: sourcing of commercial activities. tion beyond advance procurement activities Provided, That this section shall not apply to (TRANSFER OF FUNDS) in the fiscal year covered by the budget, full those members who have reenlisted with this SEC. 8017. Funds appropriated in title III of funding of procurement of such unit in that option prior to October 1, 1987: Provided further, That this section applies only to active this Act for the Department of Defense Pilot fiscal year; Mentor-Protege Program may be transferred (2) cancellation provisions in the contract components of the Army. SEC. 8016. (a) None of the funds appro- to any other appropriation contained in this do not include consideration of recurring Act solely for the purpose of implementing a manufacturing costs of the contractor asso- priated by this Act shall be available to con- vert to contractor performance an activity Mentor-Protege Program developmental as- ciated with the production of unfunded units sistance agreement pursuant to section 831 to be delivered under the contract; or function of the Department of Defense that, on or after the date of the enactment of of the National Defense Authorization Act (3) the contract provides that payments to for Fiscal Year 1991 (Public Law 101–510; 10 the contractor under the contract shall not this Act, is performed by Department of De- fense civilian employees unless— U.S.C. 2302 note), as amended, under the au- be made in advance of incurred costs on thority of this provision or any other trans- funded units; and (1) the conversion is based on the result of a public-private competition that includes a fer authority contained in this Act. (4) the contract does not provide for a price SEC. 8018. None of the funds in this Act adjustment based on a failure to award a fol- most efficient and cost effective organization plan developed by such activity or func- may be available for the purchase by the De- low-on contract. partment of Defense (and its departments Funds appropriated in title III of this Act tion; and agencies) of welded shipboard anchor and may be used for a multiyear procurement (2) the Competitive Sourcing Official deter- mooring chain 4 inches in diameter and contract as follows: mines that, over all performance periods under unless the anchor and mooring chain Navy MH–60R/S Helicopter Systems. stated in the solicitation of offers for per- SEC. 8012. Within the funds appropriated formance of the activity or function, the are manufactured in the United States from for the operation and maintenance of the cost of performance of the activity or func- components which are substantially manu- Armed Forces, funds are hereby appropriated tion by a contractor would be less costly to factured in the United States: Provided, That pursuant to section 401 of title 10, United the Department of Defense by an amount for the purpose of this section, the term States Code, for humanitarian and civic as- that equals or exceeds the lesser of— ‘‘manufactured’’ shall include cutting, heat sistance costs under chapter 20 of title 10, (A) 10 percent of the most efficient organi- treating, quality control, testing of chain United States Code. Such funds may also be zation’s personnel-related costs for perform- and welding (including the forging and shot obligated for humanitarian and civic assistance of that activity or function by Federal blasting process): Provided further, That for ance costs incidental to authorized oper- employees; or the purpose of this section substantially all ations and pursuant to authority granted in (B) $10,000,000; and of the components of anchor and mooring section 401 of chapter 20 of title 10, United (3) the contractor does not receive an ad- chain shall be considered to be produced or States Code, and these obligations shall be vantage for a proposal that would reduce manufactured in the United States if the ag- reported as required by section 401(d) of title costs for the Department of Defense by— gregate cost of the components produced or 10, United States Code: Provided, That funds (A) not making an employer-sponsored manufactured in the United States exceeds available for operation and maintenance health insurance plan available to the work- the aggregate cost of the components pro- shall be available for providing humani- ers who are to be employed in the perform- duced or manufactured outside the United tarian and similar assistance by using Civic ance of that activity or function under the States: Provided further, That when adequate Action Teams in the Trust Territories of the contract; or domestic supplies are not available to meet Pacific Islands and freely associated states (B) offering to such workers an employer- Department of Defense requirements on a of Micronesia, pursuant to the Compact of sponsored health benefits plan that requires timely basis, the Secretary of the service re- Free Association as authorized by Public the employer to contribute less towards the sponsible for the procurement may waive Law 99–239: Provided further, That upon a de- premium or subscription share than the this restriction on a case-by-case basis by termination by the Secretary of the Army amount that is paid by the Department of certifying in writing to the Committees on that such action is beneficial for graduate Defense for health benefits for civilian em- Appropriations that such an acquisition medical education programs conducted at ployees under chapter 89 of title 5, United must be made in order to acquire capability Army medical facilities located in Hawaii, States Code. for national security purposes. the Secretary of the Army may authorize (b)(1) The Department of Defense, without SEC. 8019. None of the funds available to the provision of medical services at such fa- regard to subsection (a) of this section or the Department of Defense may be used to cilities and transportation to such facilities, subsection (a), (b), or (c) of section 2461 of demilitarize or dispose of M–1 Carbines, M–1 on a nonreimbursable basis, for civilian pa- title 10, United States Code, and notwith- Garand rifles, M–14 rifles, .22 caliber rifles, tients from American Samoa, the Common- standing any administrative regulation, re- .30 caliber rifles, or M–1911 pistols, or to de- wealth of the Northern Mariana Islands, the quirement, or policy to the contrary shall militarize or destroy small arms ammuni- Marshall Islands, the Federated States of Mi- have full authority to enter into a contract tion or ammunition components that are not cronesia, Palau, and Guam. for the performance of any commercial or in- otherwise prohibited from commercial sale SEC. 8013. (a) During fiscal year 2011, the ci- dustrial type function of the Department of under Federal law, unless the small arms vilian personnel of the Department of De- Defense that— ammunition or ammunition components are fense may not be managed on the basis of (A) is included on the procurement list es- certified by the Secretary of the Army or any end-strength, and the management of tablished pursuant to section 2 of the Javits- designee as unserviceable or unsafe for fur- such personnel during that fiscal year shall Wagner-O’Day Act (section 8503 of title 41, ther use. not be subject to any constraint or limita- United States Code); SEC. 8020. No more than $500,000 of the tion (known as an end-strength) on the num- (B) is planned to be converted to perform- funds appropriated or made available in this ber of such personnel who may be employed ance by a qualified nonprofit agency for the Act shall be used during a single fiscal year on the last day of such fiscal year. blind or by a qualified nonprofit agency for for any single relocation of an organization, (b) The fiscal year 2012 budget request for other severely handicapped individuals in ac- unit, activity or function of the Department the Department of Defense as well as all jus- cordance with that Act; or of Defense into or within the National Cap- tification material and other documentation (C) is planned to be converted to perform- ital Region: Provided, That the Secretary of supporting the fiscal year 2012 Department of ance by a qualified firm under at least 51 per- Defense may waive this restriction on a case- Defense budget request shall be prepared and cent ownership by an Indian tribe, as defined by-case basis by certifying in writing to the submitted to the Congress as if subsections in section 4(e) of the Indian Self-Determina- congressional defense committees that such (a) and (b) of this provision were effective tion and Education Assistance Act (25 U.S.C. a relocation is required in the best interest with regard to fiscal year 2012. 450b(e)), or a Native Hawaiian Organization, of the Government. (c) Nothing in this section shall be con- as defined in section 8(a)(15) of the Small SEC. 8021. In addition to the funds provided strued to apply to military (civilian) techni- Business Act (15 U.S.C. 637(a)(15)). elsewhere in this Act, $15,000,000 is appro- cians. (2) This section shall not apply to depot priated only for incentive payments author- SEC. 8014. None of the funds made available contracts or contracts for depot mainte- ized by section 504 of the Indian Financing by this Act shall be used in any way, directly nance as provided in sections 2469 and 2474 of Act of 1974 (25 U.S.C. 1544): Provided, That a or indirectly, to influence congressional ac- title 10, United States Code. prime contractor or a subcontractor at any tion on any legislation or appropriation mat- (c) The conversion of any activity or func- tier that makes a subcontract award to any ters pending before the Congress. tion of the Department of Defense under the subcontractor or supplier as defined in sec- SEC. 8015. None of the funds appropriated authority provided by this section shall be tion 1544 of title 25, United States Code, or a by this Act shall be available for the basic credited toward any competitive or out- small business owned and controlled by an pay and allowances of any member of the sourcing goal, target, or measurement that individual or individuals defined under sec- Army participating as a full-time student may be established by statute, regulation, or tion 4221(9) of title 25, United States Code,

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1153 shall be considered a contractor for the pur- Government grants, for absorption of con- terms of the agreement by discriminating poses of being allowed additional compensa- tract overruns, or for certain charitable con- against certain types of products produced in tion under section 504 of the Indian Financ- tributions, not to include employee partici- the United States that are covered by the ing Act of 1974 (25 U.S.C. 1544) whenever the pation in community service and/or develop- agreement, the Secretary of Defense shall re- prime contract or subcontract amount is ment. scind the Secretary’s blanket waiver of the over $500,000 and involves the expenditure of (d) Notwithstanding any other provision of Buy American Act with respect to such funds appropriated by an Act making Appro- law, of the funds available to the department types of products produced in that foreign priations for the Department of Defense with during fiscal year 2011, not more than 5,750 country. respect to any fiscal year: Provided further, staff years of technical effort (staff years) (2) An agreement referred to in paragraph That notwithstanding section 430 of title 41, may be funded for defense FFRDCs: Provided, (1) is any reciprocal defense procurement United States Code, this section shall be ap- That of the specific amount referred to pre- memorandum of understanding, between the plicable to any Department of Defense acqui- viously in this subsection, not more than United States and a foreign country pursu- sition of supplies or services, including any 1,125 staff years may be funded for the de- ant to which the Secretary of Defense has contract and any subcontract at any tier for fense studies and analysis FFRDCs: Provided prospectively waived the Buy American Act acquisition of commercial items produced or further, That this subsection shall not apply for certain products in that country. manufactured, in whole or in part by any to staff years funded in the National Intel- (b) The Secretary of Defense shall submit subcontractor or supplier defined in section ligence Program (NIP) and the Military In- to the Congress a report on the amount of 1544 of title 25, United States Code, or a telligence Program (MIP). Department of Defense purchases from for- small business owned and controlled by an (e) The Secretary of Defense shall, with the eign entities in fiscal year 2011. Such report individual or individuals defined under sec- submission of the department’s fiscal year shall separately indicate the dollar value of tion 4221(9) of title 25, United States Code. 2012 budget request, submit a report pre- items for which the Buy American Act was SEC. 8022. Funds appropriated by this Act senting the specific amounts of staff years of waived pursuant to any agreement described for the Defense Media Activity shall not be technical effort to be allocated for each de- in subsection (a)(2), the Trade Agreement used for any national or international polit- fense FFRDC during that fiscal year and the Act of 1979 (19 U.S.C. 2501 et seq.), or any ical or psychological activities. associated budget estimates. international agreement to which the United SEC. 8023. During the current fiscal year, (f) Notwithstanding any other provision of States is a party. the Department of Defense is authorized to this Act, the total amount appropriated in (c) For purposes of this section, the term incur obligations of not to exceed $350,000,000 this Act for FFRDCs is hereby reduced by ‘‘Buy American Act’’ means chapter 83 of for purposes specified in section 2350j(c) of $125,000,000. title 41, United States Code. SEC. 8030. During the current fiscal year, title 10, United States Code, in anticipation SEC. 8026. None of the funds appropriated amounts contained in the Department of De- of receipt of contributions, only from the or made available in this Act shall be used to fense Overseas Military Facility Investment Government of Kuwait, under that section: procure carbon, alloy or armor steel plate for Recovery Account established by section Provided, That upon receipt, such contribu- use in any Government-owned facility or 2921(c)(1) of the National Defense Authoriza- tions from the Government of Kuwait shall property under the control of the Depart- tion Act of 1991 (Public Law 101–510; 10 U.S.C. be credited to the appropriations or fund ment of Defense which were not melted and 2687 note) shall be available until expended which incurred such obligations. rolled in the United States or Canada: Pro- for the payments specified by section SEC. 8024. (a) Of the funds made available vided, That these procurement restrictions 2921(c)(2) of that Act. in this Act, not less than $30,374,000 shall be shall apply to any and all Federal Supply SEC. 8031. (a) Notwithstanding any other Class 9515, American Society of Testing and available for the Civil Air Patrol Corpora- provision of law, the Secretary of the Air Materials (ASTM) or American Iron and tion, of which— Force may convey at no cost to the Air Steel Institute (AISI) specifications of car- (1) $27,048,000 shall be available from ‘‘Op- Force, without consideration, to Indian bon, alloy or armor steel plate: Provided fur- eration and Maintenance, Air Force’’ to sup- tribes located in the States of Nevada, Idaho, ther, That the Secretary of the military de- port Civil Air Patrol Corporation operation North Dakota, South Dakota, Montana, Or- partment responsible for the procurement and maintenance, readiness, counterdrug ac- egon, Minnesota, and Washington may waive this restriction on a case-by-case tivities, and drug demand reduction activi- relocatable military housing units located at ties involving youth programs; basis by certifying in writing to the Commit- Grand Forks Air Force Base, Malmstrom Air (2) $2,424,000 shall be available from ‘‘Air- tees on Appropriations of the House of Rep- Force Base, Mountain Home Air Force Base, craft Procurement, Air Force’’; and resentatives and the Senate that adequate Ellsworth Air Force Base, and Minot Air (3) $902,000 shall be available from ‘‘Other domestic supplies are not available to meet Force Base that are excess to the needs of Procurement, Air Force’’ for vehicle pro- Department of Defense requirements on a the Air Force. curement. timely basis and that such an acquisition (b) The Secretary of the Air Force shall (b) The Secretary of the Air Force should must be made in order to acquire capability convey, at no cost to the Air Force, military waive reimbursement for any funds used by for national security purposes: Provided fur- housing units under subsection (a) in accord- the Civil Air Patrol for counter-drug activi- ther, That these restrictions shall not apply ance with the request for such units that are ties in support of Federal, State, and local to contracts which are in being as of the date submitted to the Secretary by the Operation government agencies. of the enactment of this Act. Walking Shield Program on behalf of Indian SEC. 8025. (a) None of the funds appro- SEC. 8027. For the purposes of this Act, the tribes located in the States of Nevada, Idaho, priated in this Act are available to establish term ‘‘congressional defense committees’’ North Dakota, South Dakota, Montana, Or- a new Department of Defense (department) means the Armed Services Committee of the egon, Minnesota, and Washington. Any such federally funded research and development House of Representatives, the Armed Serv- conveyance shall be subject to the condition center (FFRDC), either as a new entity, or as ices Committee of the Senate, the Sub- that the housing units shall be removed a separate entity administrated by an orga- committee on Defense of the Committee on within a reasonable period of time, as deter- nization managing another FFRDC, or as a Appropriations of the Senate, and the Sub- mined by the Secretary. nonprofit membership corporation con- committee on Defense of the Committee on (c) The Operation Walking Shield Program sisting of a consortium of other FFRDCs and Appropriations of the House of Representa- shall resolve any conflicts among requests of other nonprofit entities. tives. Indian tribes for housing units under sub- (b) No member of a Board of Directors, SEC. 8028. During the current fiscal year, section (a) before submitting requests to the Trustees, Overseers, Advisory Group, Special the Department of Defense may acquire the Secretary of the Air Force under subsection Issues Panel, Visiting Committee, or any modification, depot maintenance and repair (b). similar entity of a defense FFRDC, and no of aircraft, vehicles and vessels as well as the (d) In this section, the term ‘‘Indian tribe’’ paid consultant to any defense FFRDC, ex- production of components and other Defense- means any recognized Indian tribe included cept when acting in a technical advisory ca- related articles, through competition be- on the current list published by the Sec- pacity, may be compensated for his or her tween Department of Defense depot mainte- retary of the Interior under section 104 of the services as a member of such entity, or as a nance activities and private firms: Provided, Federally Recognized Indian Tribe Act of paid consultant by more than one FFRDC in That the Senior Acquisition Executive of the 1994 (Public Law 103–454; 108 Stat. 4792; 25 a fiscal year: Provided, That a member of any military department or Defense Agency con- U.S.C. 479a–1). such entity referred to previously in this cerned, with power of delegation, shall cer- SEC. 8032. During the current fiscal year, subsection shall be allowed travel expenses tify that successful bids include comparable appropriations which are available to the De- and per diem as authorized under the Federal estimates of all direct and indirect costs for partment of Defense for operation and main- Joint Travel Regulations, when engaged in both public and private bids: Provided further, tenance may be used to purchase items hav- the performance of membership duties. That Office of Management and Budget Cir- ing an investment item unit cost of not more (c) Notwithstanding any other provision of cular A–76 shall not apply to competitions than $250,000. law, none of the funds available to the de- conducted under this section. SEC. 8033. (a) During the current fiscal partment from any source during fiscal year SEC. 8029. (a)(1) If the Secretary of Defense, year, none of the appropriations or funds 2011 may be used by a defense FFRDC, after consultation with the United States available to the Department of Defense through a fee or other payment mechanism, Trade Representative, determines that a for- Working Capital Funds shall be used for the for construction of new buildings, for pay- eign country which is party to an agreement purchase of an investment item for the pur- ment of cost sharing for projects funded by described in paragraph (2) has violated the pose of acquiring a new inventory item for

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1154 CONGRESSIONAL RECORD — SENATE March 2, 2011 sale or anticipated sale during the current that any entity of the Department of De- ‘‘Other Procurement, Army, 2009/2011’’, fiscal year or a subsequent fiscal year to cus- fense, in expending the appropriation, pur- $147,600,000. tomers of the Department of Defense Work- chase only American-made equipment and ‘‘Aircraft Procurement, Navy, 2009/2011’’, ing Capital Funds if such an item would not products, provided that American-made $26,100,000. have been chargeable to the Department of equipment and products are cost-competi- ‘‘Aircraft Procurement, Air Force, 2009/ Defense Business Operations Fund during fis- tive, quality competitive, and available in a 2011’’, $116,900,000. cal year 1994 and if the purchase of such an timely fashion. ‘‘Aircraft Procurement, Army, 2010/2012’’, investment item would be chargeable during SEC. 8038. None of the funds appropriated $14,000,000. the current fiscal year to appropriations by this Act shall be available for a contract ‘‘Procurement of Weapons and Tracked made to the Department of Defense for pro- for studies, analysis, or consulting services Combat Vehicles, Army, 2010/2012’’, curement. entered into without competition on the $36,000,000. (b) The fiscal year 2012 budget request for basis of an unsolicited proposal unless the ‘‘Missile Procurement, Army, 2010/2012’’, the Department of Defense as well as all jus- head of the activity responsible for the pro- $9,171,000. tification material and other documentation curement determines— ‘‘Aircraft Procurement, Navy, 2010/2012’’, supporting the fiscal year 2012 Department of (1) as a result of thorough technical eval- $184,847,000. Defense budget shall be prepared and sub- uation, only one source is found fully quali- ‘‘Procurement of Ammunition, Navy and mitted to the Congress on the basis that any fied to perform the proposed work; Marine Corps, 2010/2012’’, $11,576,000. equipment which was classified as an end (2) the purpose of the contract is to explore Under the heading, ‘‘Shipbuilding and Con- item and funded in a procurement appropria- an unsolicited proposal which offers signifi- version, Navy, 2010/2014’’: DDG–51 Destroyer, tion contained in this Act shall be budgeted cant scientific or technological promise, rep- $22,000,000. for in a proposed fiscal year 2012 procure- resents the product of original thinking, and ‘‘Other Procurement, Navy, 2010/2012’’, ment appropriation and not in the supply was submitted in confidence by one source; $9,042,000. management business area or any other area or ‘‘Aircraft Procurement, Air Force, 2010/ or category of the Department of Defense (3) the purpose of the contract is to take 2012’’, $151,300,000. Working Capital Funds. advantage of unique and significant indus- ‘‘Other Procurement, Air Force, 2010/2012’’, SEC. 8034. None of the funds appropriated trial accomplishment by a specific concern, $36,600,000. by this Act for programs of the Central In- or to insure that a new product or idea of a ‘‘Research, Development, Test and Evalua- telligence Agency shall remain available for specific concern is given financial support: tion, Army, 2010/2011’’, $53,500,000. obligation beyond the current fiscal year, ex- Provided, That this limitation shall not ‘‘Research, Development, Test and Evalua- cept for funds appropriated for the Reserve apply to contracts in an amount of less than tion, Air Force, 2010/2011’’, $198,600,000. for Contingencies, which shall remain avail- $25,000, contracts related to improvements of ‘‘Research, Development, Test and Evalua- able until September 30, 2012: Provided, That equipment that is in development or production, Defense-Wide, 2010/2011’’, $10,000,000. funds appropriated, transferred, or otherwise tion, or contracts as to which a civilian offi- SEC. 8042. None of the funds available in credited to the Central Intelligence Agency cial of the Department of Defense, who has this Act may be used to reduce the author- Central Services Working Capital Fund dur- been confirmed by the Senate, determines ized positions for military (civilian) techni- ing this or any prior or subsequent fiscal that the award of such contract is in the in- cians of the Army National Guard, Air Na- year shall remain available until expended: terest of the national defense. tional Guard, Army Reserve and Air Force Provided further, That any funds appropriated SEC. 8039. (a) Except as provided in sub- Reserve for the purpose of applying any ad- or transferred to the Central Intelligence sections (b) and (c), none of the funds made ministratively imposed civilian personnel Agency for advanced research and develop- available by this Act may be used— ceiling, freeze, or reduction on military (ci- ment acquisition, for agent operations, and (1) to establish a field operating agency; or vilian) technicians, unless such reductions for covert action programs authorized by the (2) to pay the basic pay of a member of the are a direct result of a reduction in military President under section 503 of the National Armed Forces or civilian employee of the de- force structure. Security Act of 1947, as amended, shall re- partment who is transferred or reassigned SEC. 8043. None of the funds appropriated main available until September 30, 2012. from a headquarters activity if the member or otherwise made available in this Act may SEC. 8035. Notwithstanding any other pro- or employee’s place of duty remains at the be obligated or expended for assistance to vision of law, funds made available in this location of that headquarters. the Democratic People’s Republic of Korea Act for the Defense Intelligence Agency may (b) The Secretary of Defense or Secretary unless specifically appropriated for that pur- be used for the design, development, and de- of a military department may waive the lim- pose. ployment of General Defense Intelligence itations in subsection (a), on a case-by-case SEC. 8044. Funds appropriated in this Act Program intelligence communications and basis, if the Secretary determines, and cer- for operation and maintenance of the Mili- intelligence information systems for the tifies to the Committees on Appropriations tary Departments, Combatant Commands Services, the Unified and Specified Com- of the House of Representatives and Senate and Defense Agencies shall be available for mands, and the component commands. that the granting of the waiver will reduce reimbursement of pay, allowances and other SEC. 8036. Of the funds appropriated to the the personnel requirements or the financial expenses which would otherwise be incurred Department of Defense under the heading requirements of the department. against appropriations for the National ‘‘Operation and Maintenance, Defense- (c) This section does not apply to— Guard and Reserve when members of the Na- Wide’’, not less than $12,000,000 shall be made (1) field operating agencies funded within tional Guard and Reserve provide intelligence or counterintelligence support to available only for the mitigation of environ- the National Intelligence Program; Combatant Commands, Defense Agencies and mental impacts, including training and tech- (2) an Army field operating agency estab- Joint Intelligence Activities, including the nical assistance to tribes, related adminis- lished to eliminate, mitigate, or counter the activities and programs included within the trative support, the gathering of informa- effects of improvised explosive devices, and, National Intelligence Program and the Mili- tion, documenting of environmental damage, as determined by the Secretary of the Army, other similar threats; or tary Intelligence Program: Provided, That and developing a system for prioritization of nothing in this section authorizes deviation mitigation and cost to complete estimates (3) an Army field operating agency established to improve the effectiveness and effi- from established Reserve and National Guard for mitigation, on Indian lands resulting personnel and training procedures. from Department of Defense activities. ciencies of biometric activities and to integrate common biometric technologies SEC. 8045. During the current fiscal year, SEC. 8037. (a) None of the funds appro- none of the funds appropriated in this Act throughout the Department of Defense. priated in this Act may be expended by an may be used to reduce the civilian medical entity of the Department of Defense unless SEC. 8040. The Secretary of Defense, notwithstanding any other provision of law, act- and medical support personnel assigned to the entity, in expending the funds, complies military treatment facilities below the Sep- with the Buy American Act. For purposes of ing through the Office of Economic Adjust- ment of the Department of Defense, may use tember 30, 2003, level: Provided, That the this subsection, the term ‘‘Buy American Service Surgeons General may waive this Act’’ means chapter 83 of title 41, United funds made available in this Act under the heading ‘‘Operation and Maintenance, De- section by certifying to the congressional de- States Code. fense committees that the beneficiary popu- fense-Wide’’ to make grants and supplement (b) If the Secretary of Defense determines lation is declining in some catchment areas other Federal funds in accordance with the that a person has been convicted of inten- and civilian strength reductions may be con- guidance provided in the explanatory state- tionally affixing a label bearing a ‘‘Made in sistent with responsible resource steward- ment regarding this Act. America’’ inscription to any product sold in ship and capitation-based budgeting. or shipped to the United States that is not (RESCISSIONS) SEC. 8046. (a) None of the funds available to made in America, the Secretary shall deter- SEC. 8041. Of the funds appropriated in De- the Department of Defense for any fiscal mine, in accordance with section 2410f of partment of Defense Appropriations Acts, year for drug interdiction or counter-drug title 10, United States Code, whether the per- the following funds are hereby rescinded activities may be transferred to any other son should be debarred from contracting from the following accounts and programs in department or agency of the United States with the Department of Defense. the specified amounts: except as specifically provided in an appro- (c) In the case of any equipment or prod- ‘‘Procurement of Weapons and Tracked priations law. ucts purchased with appropriations provided Combat Vehicles, Army, 2009/2011’’, (b) None of the funds available to the Cen- under this Act, it is the sense of the Congress $86,300,000. tral Intelligence Agency for any fiscal year

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None of the funds appropriated the Department of Defense under this Act many: Provided, That in the City of by this Act may be used for the procurement shall be obligated or expended to pay a con- Kaiserslautern and at the Rhine Ordnance of ball and roller bearings other than those tractor under a contract with the Depart- Barracks area, such agreements will include produced by a domestic source and of domes- ment of Defense for costs of any amount paid the use of United States anthracite as the tic origin: Provided, That the Secretary of by the contractor to an employee when— base load energy for municipal district heat the military department responsible for such (1) such costs are for a bonus or otherwise to the United States Defense installations: procurement may waive this restriction on a in excess of the normal salary paid by the Provided further, That at Landstuhl Army case-by-case basis by certifying in writing to contractor to the employee; and Regional Medical Center and Ramstein Air the Committees on Appropriations of the (2) such bonus is part of restructuring costs Base, furnished heat may be obtained from House of Representatives and the Senate, associated with a business combination. private, regional or municipal services, if that adequate domestic supplies are not (INCLUDING TRANSFER OF FUNDS) provisions are included for the consideration available to meet Department of Defense re- of United States coal as an energy source. EC quirements on a timely basis and that such S . 8052. During the current fiscal year, SEC. 8056. None of the funds appropriated in an acquisition must be made in order to ac- no more than $30,000,000 of appropriations title IV of this Act may be used to procure quire capability for national security pur- made in this Act under the heading ‘‘Oper- end-items for delivery to military forces for poses: Provided further, That this restriction ation and Maintenance, Defense-Wide’’ may operational training, operational use or in- shall not apply to the purchase of ‘‘commer- be transferred to appropriations available for ventory requirements: Provided, That this re- cial items’’, as defined by section 4(12) of the the pay of military personnel, to be merged striction does not apply to end-items used in Office of Federal Procurement Policy Act, with, and to be available for the same time development, prototyping, and test activi- except that the restriction shall apply to period as the appropriations to which trans- ties preceding and leading to acceptance for ball or roller bearings purchased as end ferred, to be used in support of such per- operational use: Provided further, That this items. sonnel in connection with support and serv- restriction does not apply to programs fund- SEC. 8048. None of the funds in this Act ices for eligible organizations and activities ed within the National Intelligence Program: may be used to purchase any supercomputer outside the Department of Defense pursuant Provided further, That the Secretary of De- which is not manufactured in the United to section 2012 of title 10, United States fense may waive this restriction on a case- States, unless the Secretary of Defense cer- Code. by-case basis by certifying in writing to the tifies to the congressional defense commit- SEC. 8053. During the current fiscal year, in Committees on Appropriations of the House tees that such an acquisition must be made the case of an appropriation account of the of Representatives and the Senate that it is in order to acquire capability for national se- Department of Defense for which the period in the national security interest to do so. curity purposes that is not available from of availability for obligation has expired or SEC. 8057. None of the funds made available United States manufacturers. which has closed under the provisions of sec- in this Act may be used to approve or license SEC. 8049. None of the funds made available tion 1552 of title 31, United States Code, and the sale of the F–22A advanced tactical fight- in this or any other Act may be used to pay which has a negative unliquidated or unex- er to any foreign government: Provided, That the salary of any officer or employee of the pended balance, an obligation or an adjust- the Department of Defense may conduct or Department of Defense who approves or im- ment of an obligation may be charged to any participate in studies, research, design and plements the transfer of administrative re- current appropriation account for the same other activities to define and develop a fu- sponsibilities or budgetary resources of any purpose as the expired or closed account if— ture export version of the F–22A that pro- program, project, or activity financed by (1) the obligation would have been properly tects classified and sensitive information, this Act to the jurisdiction of another Fed- chargeable (except as to amount) to the ex- technologies and U.S. warfighting capabili- eral agency not financed by this Act without pired or closed account before the end of the ties. the express authorization of Congress: Pro- period of availability or closing of that ac- SEC. 8058. (a) The Secretary of Defense vided, That this limitation shall not apply to count; may, on a case-by-case basis, waive with re- transfers of funds expressly provided for in (2) the obligation is not otherwise properly spect to a foreign country each limitation on Defense Appropriations Acts, or provisions of chargeable to any current appropriation ac- the procurement of defense items from for- Acts providing supplemental appropriations count of the Department of Defense; and eign sources provided in law if the Secretary for the Department of Defense. (3) in the case of an expired account, the determines that the application of the limi- SEC. 8050. (a) Notwithstanding any other obligation is not chargeable to a current ap- tation with respect to that country would in- provision of law, none of the funds available propriation of the Department of Defense validate cooperative programs entered into to the Department of Defense for the current under the provisions of section 1405(b)(8) of between the Department of Defense and the fiscal year may be obligated or expended to the National Defense Authorization Act for foreign country, or would invalidate recip- transfer to another nation or an inter- Fiscal Year 1991, Public Law 101–510, as rocal trade agreements for the procurement national organization any defense articles or amended (31 U.S.C. 1551 note): Provided, That of defense items entered into under section services (other than intelligence services) for in the case of an expired account, if subse- 2531 of title 10, United States Code, and the use in the activities described in subsection quent review or investigation discloses that country does not discriminate against the (b) unless the congressional defense commit- there was not in fact a negative unliquidated same or similar defense items produced in tees, the Committee on Foreign Affairs of or unexpended balance in the account, any the United States for that country. the House of Representatives, and the Com- charge to a current account under the au- (b) Subsection (a) applies with respect to— mittee on Foreign Relations of the Senate thority of this section shall be reversed and (1) contracts and subcontracts entered into are notified 15 days in advance of such trans- recorded against the expired account: Pro- on or after the date of the enactment of this fer. vided further, That the total amount charged Act; and (b) This section applies to— to a current appropriation under this section (2) options for the procurement of items (1) any international peacekeeping or may not exceed an amount equal to 1 percent that are exercised after such date under con- peace-enforcement operation under the au- of the total appropriation for that account. tracts that are entered into before such date thority of chapter VI or chapter VII of the SEC. 8054. (a) Notwithstanding any other if the option prices are adjusted for any rea- United Nations Charter under the authority provision of law, the Chief of the National son other than the application of a waiver of a United Nations Security Council resolu- Guard Bureau may permit the use of equip- granted under subsection (a). tion; and ment of the National Guard Distance Learn- (c) Subsection (a) does not apply to a limi- (2) any other international peacekeeping, ing Project by any person or entity on a tation regarding construction of public ves- peace-enforcement, or humanitarian assist- space-available, reimbursable basis. The sels, ball and roller bearings, food, and cloth- ance operation. Chief of the National Guard Bureau shall es- ing or textile materials as defined by section (c) A notice under subsection (a) shall in- tablish the amount of reimbursement for 11 (chapters 50–65) of the Harmonized Tariff clude the following: such use on a case-by-case basis. Schedule and products classified under head- (1) A description of the equipment, sup- (b) Amounts collected under subsection (a) ings 4010, 4202, 4203, 6401 through 6406, 6505, plies, or services to be transferred. shall be credited to funds available for the 7019, 7218 through 7229, 7304.41 through (2) A statement of the value of the equip- National Guard Distance Learning Project 7304.49, 7306.40, 7502 through 7508, 8105, 8108, ment, supplies, or services to be transferred. and be available to defray the costs associ- 8109, 8211, 8215, and 9404. (3) In the case of a proposed transfer of ated with the use of equipment of the project SEC. 8059. (a) None of the funds made avail- equipment or supplies— under that subsection. Such funds shall be able by this Act may be used to support any (A) a statement of whether the inventory available for such purposes without fiscal training program involving a unit of the se- requirements of all elements of the Armed year limitation. curity forces or police of a foreign country if Forces (including the reserve components) SEC. 8055. Using funds made available by the Secretary of Defense has received cred- for the type of equipment or supplies to be this Act or any other Act, the Secretary of ible information from the Department of transferred have been met; and the Air Force, pursuant to a determination State that the unit has committed a gross

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violation of human rights, unless all nec- not apply if the department is authorized by (INCLUDING TRANSFER OF FUNDS) essary corrective steps have been taken. law to provide support to such department or SEC. 8070. Of the amounts appropriated in (b) The Secretary of Defense, in consulta- agency on a nonreimbursable basis, and is this Act under the heading ‘‘Operation and tion with the Secretary of State, shall en- providing the requested support pursuant to Maintenance, Army’’, $147,258,300 shall re- sure that prior to a decision to conduct any such authority: Provided further, That the main available until expended: Provided, training program referred to in subsection Secretary of Defense may waive this restric- That notwithstanding any other provision of (a), full consideration is given to all credible tion on a case-by-case basis by certifying in law, the Secretary of Defense is authorized information available to the Department of writing to the Committees on Appropria- to transfer such funds to other activities of State relating to human rights violations by tions of the House of Representatives and the Federal Government: Provided further, foreign security forces. the Senate that it is in the national security That the Secretary of Defense is authorized (c) The Secretary of Defense, after con- interest to do so. to enter into and carry out contracts for the sultation with the Secretary of State, may SEC. 8065. Notwithstanding section 12310(b) acquisition of real property, construction, waive the prohibition in subsection (a) if he of title 10, United States Code, a Reserve personal services, and operations related to determines that such waiver is required by who is a member of the National Guard serv- projects carrying out the purposes of this extraordinary circumstances. ing on full-time National Guard duty under section: Provided further, That contracts en- (d) Not more than 15 days after the exer- section 502(f) of title 32, United States Code, tered into under the authority of this section may perform duties in support of the ground- cise of any waiver under subsection (c), the may provide for such indemnification as the based elements of the National Ballistic Mis- Secretary of Defense shall submit a report to Secretary determines to be necessary: Pro- sile Defense System. the congressional defense committees de- vided further, That projects authorized by scribing the extraordinary circumstances, SEC. 8066. None of the funds provided in this Act may be used to transfer to any non- this section shall comply with applicable the purpose and duration of the training pro- Federal, State, and local law to the max- gram, the United States forces and the for- governmental entity ammunition held by the Department of Defense that has a center- imum extent consistent with the national se- eign security forces involved in the training curity, as determined by the Secretary of program, and the information relating to fire cartridge and a United States military nomenclature designation of ‘‘armor pene- Defense. human rights violations that necessitates SEC. 8071. Section 8106 of the Department trator’’, ‘‘armor piercing (AP)’’, ‘‘armor the waiver. of Defense Appropriations Act, 1997 (titles I piercing incendiary (API)’’, or ‘‘armor-pierc- SEC. 8060. None of the funds appropriated through VIII of the matter under subsection ing incendiary tracer (API–T)’’, except to an or made available in this Act to the Depart- 101(b) of Public Law 104–208; 110 Stat. 3009– entity performing demilitarization services ment of the Navy shall be used to develop, 111; 10 U.S.C. 113 note) shall continue in ef- for the Department of Defense under a con- lease or procure the T–AKE class of ships un- fect to apply to disbursements that are made tract that requires the entity to dem- less the main propulsion diesel engines and by the Department of Defense in fiscal year onstrate to the satisfaction of the Depart- propulsors are manufactured in the United 2011. ment of Defense that armor piercing projec- States by a domestically operated entity: SEC. 8072. In addition to amounts provided Provided, That the Secretary of Defense may tiles are either: (1) rendered incapable of elsewhere in this Act, $4,000,000 is hereby ap- waive this restriction on a case-by-case basis reuse by the demilitarization process; or (2) propriated to the Department of Defense, to by certifying in writing to the Committees used to manufacture ammunition pursuant remain available for obligation until ex- on Appropriations of the House of Represent- to a contract with the Department of De- pended: Provided, That notwithstanding any fense or the manufacture of ammunition for atives and the Senate that adequate domes- other provision of law, these funds shall be export pursuant to a License for Permanent tic supplies are not available to meet De- available only for a grant to the Fisher Export of Unclassified Military Articles partment of Defense requirements on a time- House Foundation, Inc., only for the con- issued by the Department of State. ly basis and that such an acquisition must be struction and furnishing of additional Fisher SEC. 8067. Notwithstanding any other pro- Houses to meet the needs of military family made in order to acquire capability for na- vision of law, the Chief of the National members when confronted with the illness or tional security purposes or there exists a sig- Guard Bureau, or his designee, may waive hospitalization of an eligible military bene- nificant cost or quality difference. payment of all or part of the consideration SEC. 8061. None of the funds appropriated ficiary. that otherwise would be required under sec- or otherwise made available by this or other tion 2667 of title 10, United States Code, in (INCLUDING TRANSFER OF FUNDS) Department of Defense Appropriations Acts the case of a lease of personal property for a SEC. 8073. Of the amounts appropriated in may be obligated or expended for the purpose period not in excess of 1 year to any organi- this Act under the headings ‘‘Procurement, of performing repairs or maintenance to zation specified in section 508(d) of title 32, Defense-Wide’’ and ‘‘Research, Development, military family housing units of the Depart- United States Code, or any other youth, so- Test and Evaluation, Defense-Wide’’, ment of Defense, including areas in such cial, or fraternal nonprofit organization as $415,115,000 shall be for the Israeli Coopera- military family housing units that may be may be approved by the Chief of the National tive Programs: Provided, That of this used for the purpose of conducting official Guard Bureau, or his designee, on a case-by- amount, $205,000,000 shall be for the Sec- Department of Defense business. case basis. retary of Defense to provide to the Govern- SEC. 8062. Notwithstanding any other pro- SEC. 8068. None of the funds appropriated ment of Israel for the procurement of the vision of law, funds appropriated in this Act by this Act shall be used for the support of Iron Dome defense system to counter short- under the heading ‘‘Research, Development, any nonappropriated funds activity of the range rocket threats, $84,722,000 shall be for Test and Evaluation, Defense-Wide’’ for any Department of Defense that procures malt the Short Range Ballistic Missile Defense new start advanced concept technology dem- beverages and wine with nonappropriated (SRBMD) program, including cruise missile onstration project or joint capability dem- funds for resale (including such alcoholic defense research and development under the onstration project may only be obligated 30 beverages sold by the drink) on a military SRBMD program, $58,966,000 shall be avail- days after a report, including a description installation located in the United States unable for an upper-tier component to the of the project, the planned acquisition and less such malt beverages and wine are pro- Israeli Missile Defense Architecture, and transition strategy and its estimated annual cured within that State, or in the case of the $66,427,000 shall be for the Arrow System Im- and total cost, has been provided in writing District of Columbia, within the District of provement Program including development to the congressional defense committees: Columbia, in which the military installation of a long range, ground and airborne, detec- Provided, That the Secretary of Defense may is located: Provided, That in a case in which tion suite, of which $12,000,000 shall be for waive this restriction on a case-by-case basis the military installation is located in more producing Arrow missile components in the by certifying to the congressional defense than one State, purchases may be made in United States and Arrow missile components committees that it is in the national inter- any State in which the installation is lo- in Israel to meet Israel’s defense require- est to do so. cated: Provided further, That such local pro- ments, consistent with each nation’s laws, SEC. 8063. The Secretary of Defense shall curement requirements for malt beverages regulations and procedures: Provided further, provide a classified quarterly report begin- and wine shall apply to all alcoholic bev- That funds made available under this provi- ning 30 days after enactment of this Act, to erages only for military installations in sion for production of missiles and missile the House and Senate Appropriations Com- States which are not contiguous with an- components may be transferred to appropria- mittees, Subcommittees on Defense on cer- other State: Provided further, That alcoholic tions available for the procurement of weap- tain matters as directed in the classified beverages other than wine and malt bev- ons and equipment, to be merged with and to annex accompanying this Act. erages, in contiguous States and the District be available for the same time period and the SEC. 8064. During the current fiscal year, of Columbia shall be procured from the most same purposes as the appropriation to which none of the funds available to the Depart- competitive source, price and other factors transferred: Provided further, That the trans- ment of Defense may be used to provide sup- considered. fer authority provided under this provision is port to another department or agency of the SEC. 8069. Funds available to the Depart- in addition to any other transfer authority United States if such department or agency ment of Defense for the Global Positioning contained in this Act. is more than 90 days in arrears in making System during the current fiscal year, and SEC. 8074. None of the funds available to payment to the Department of Defense for hereafter, may be used to fund civil require- the Department of Defense may be obligated goods or services previously provided to such ments associated with the satellite and to modify command and control relation- department or agency on a reimbursable ground control segments of such system’s ships to give Fleet Forces Command admin- basis: Provided, That this restriction shall modernization program. istrative and operational control of U.S.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1157 Navy forces assigned to the Pacific fleet: make grants in the amounts specified as fol- other program authority relating to current Provided, That the command and control re- lows: $20,000,000 to the United Service Orga- tactical unmanned aerial vehicles (TUAVs) lationships which existed on October 1, 2004, nizations; $24,000,000 to the Red Cross; from the Army. shall remain in force unless changes are spe- $1,200,000 to the Special Olympics; and (b) The Army shall retain responsibility cifically authorized in a subsequent Act. $20,000,000 to the Youth Mentoring Grants for and operational control of the MQ–1C SEC. 8075. Notwithstanding any other pro- Program: Provided further, That funds avail- Sky Warrior Unmanned Aerial Vehicle vision of law or regulation, the Secretary of able in this section for the Youth Mentoring (UAV) in order to support the Secretary of Defense may exercise the provisions of sec- Grants Program may be available for trans- Defense in matters relating to the employ- tion 7403(g) of title 38, United States Code, fer to the Department of Justice Youth Men- ment of unmanned aerial vehicles. for occupations listed in section 7403(a)(2) of toring Grants Program. SEC. 8087. Of the funds provided in this Act, title 38, United States Code, as well as the SEC. 8081. None of the funds appropriated $7,080,000 shall be available for the oper- following: or made available in this Act shall be used to ations and development of training and tech- Pharmacists, Audiologists, Psychologists, reduce or disestablish the operation of the nology for the Joint Interagency Training Social Workers, Othotists/Prosthetists, Oc- 53rd Weather Reconnaissance Squadron of and Education Center and the affiliated Cen- cupational Therapists, Physical Therapists, the Air Force Reserve, if such action would ter for National Response at the Memorial Rehabilitation Therapists, Respiratory reduce the WC–130 Weather Reconnaissance Tunnel and for providing homeland defense/ Therapists, Speech Pathologists, Dietitian/ mission below the levels funded in this Act: security and traditional warfighting training Nutritionists, Industrial Hygienists, Psy- Provided, That the Air Force shall allow the to the Department of Defense, other Federal chology Technicians, Social Service Assist- 53rd Weather Reconnaissance Squadron to agencies, and State and local first responder ants, Practical Nurses, Nursing Assistants, perform other missions in support of na- personnel at the Joint Interagency Training and Dental Hygienists: tional defense requirements during the non- and Education Center. (A) The requirements of section hurricane season. SEC. 8088. Notwithstanding any other pro- 7403(g)(1)(A) of title 38, United States Code, SEC. 8082. None of the funds provided in vision of law or regulation, during the cur- shall apply. this Act shall be available for integration of rent fiscal year and hereafter, the Secretary (B) The limitations of section 7403(g)(1)(B) foreign intelligence information unless the of Defense may adjust wage rates for civilian of title 38, United States Code, shall not information has been lawfully collected and employees hired for certain health care occu- apply. processed during the conduct of authorized pations as authorized for the Secretary of SEC. 8076. Funds appropriated by this Act, foreign intelligence activities: Provided, That Veterans Affairs by section 7455 of title 38, or made available by the transfer of funds in information pertaining to United States per- United States Code. this Act, for intelligence activities are sons shall only be handled in accordance SEC. 8089. Up to $15,000,000 of the funds ap- deemed to be specifically authorized by the with protections provided in the Fourth propriated under the heading ‘‘Operation and Congress for purposes of section 504 of the Amendment of the United States Constitu- Maintenance, Navy’’ may be made available National Security Act of 1947 (50 U.S.C. 414) tion as implemented through Executive for the Asia Pacific Regional Initiative Pro- during fiscal year 2011 until the enactment of Order No. 12333. gram for the purpose of enabling the Pacific the Intelligence Authorization Act for Fiscal SEC. 8083. (a) At the time members of re- Command to execute Theater Security Co- Year 2011. serve components of the Armed Forces are operation activities such as humanitarian SEC. 8077. None of the funds provided in called or ordered to active duty under sec- assistance, and payment of incremental and this Act shall be available for obligation or tion 12302(a) of title 10, United States Code, personnel costs of training and exercising expenditure through a reprogramming of each member shall be notified in writing of with foreign security forces: Provided, That funds that creates or initiates a new pro- the expected period during which the mem- funds made available for this purpose may be gram, project, or activity unless such pro- ber will be mobilized. used, notwithstanding any other funding au- gram, project, or activity must be under- (b) The Secretary of Defense may waive thorities for humanitarian assistance, secu- taken immediately in the interest of na- the requirements of subsection (a) in any rity assistance or combined exercise ex- tional security and only after written prior case in which the Secretary determines that penses: Provided further, That funds may not notification to the congressional defense it is necessary to do so to respond to a na- be obligated to provide assistance to any for- committees. tional security emergency or to meet dire eign country that is otherwise prohibited SEC. 8078. The budget of the President for operational requirements of the Armed from receiving such type of assistance under fiscal year 2012 submitted to the Congress Forces. any other provision of law. SEC. 8090. None of the funds appropriated pursuant to section 1105 of title 31, United (INCLUDING TRANSFER OF FUNDS) States Code, shall include separate budget by this Act for programs of the Office of the SEC. 8084. The Secretary of Defense may justification documents for costs of United Director of National Intelligence shall re- transfer funds from any available Depart- States Armed Forces’ participation in con- main available for obligation beyond the ment of the Navy appropriation to any avail- tingency operations for the Military Per- current fiscal year, except for funds appro- able Navy ship construction appropriation sonnel accounts, the Operation and Mainte- priated for research and technology, which for the purpose of liquidating necessary nance accounts, and the Procurement ac- shall remain available until September 30, changes resulting from inflation, market counts: Provided, That these documents shall 2012. fluctuations, or rate adjustments for any include a description of the funding re- SEC. 8091. For purposes of section 1553(b) of ship construction program appropriated in quested for each contingency operation, for title 31, United States Code, any subdivision law: Provided, That the Secretary may trans- each military service, to include all Active of appropriations made in this Act under the fer not to exceed $100,000,000 under the au- and Reserve components, and for each appro- heading ‘‘Shipbuilding and Conversion, thority provided by this section: Provided priations account: Provided further, That Navy’’ shall be considered to be for the same further, That the Secretary may not transfer these documents shall include estimated purpose as any subdivision under the heading any funds until 30 days after the proposed costs for each element of expense or object ‘‘Shipbuilding and Conversion, Navy’’ appro- transfer has been reported to the Commit- class, a reconciliation of increases and de- priations in any prior fiscal year, and the 1 tees on Appropriations of the House of Rep- creases for each contingency operation, and percent limitation shall apply to the total resentatives and the Senate, unless a re- programmatic data including, but not lim- amount of the appropriation. sponse from the Committees is received SEC. 8092. Notwithstanding any other pro- ited to, troop strength for each Active and sooner: Provided further, That any funds vision of law, not more than 35 percent of Reserve component, and estimates of the transferred pursuant to this section shall refunds provided in this Act for environmental major weapons systems deployed in support tain the same period of availability as when remediation may be obligated under indefi- of each contingency: Provided further, That originally appropriated: Provided further, nite delivery/indefinite quantity contracts these documents shall include budget exhib- That the transfer authority provided by this with a total contract value of $130,000,000 or its OP–5 and OP–32 (as defined in the Depart- section is in addition to any other transfer higher. ment of Defense Financial Management Reg- authority contained elsewhere in this Act. SEC. 8093. The Director of National Intel- ulation) for all contingency operations for SEC. 8085. For purposes of section 7108 of ligence shall include the budget exhibits the budget year and the two preceding fiscal title 41, United States Code, any subdivision identified in paragraphs (1) and (2) as de- years. of appropriations made under the heading scribed in the Department of Defense Finan- SEC. 8079. None of the funds in this Act ‘‘Shipbuilding and Conversion, Navy’’ that is cial Management Regulation with the con- may be used for research, development, test, not closed at the time reimbursement is gressional budget justification books: evaluation, procurement or deployment of made shall be available to reimburse the (1) For procurement programs requesting nuclear armed interceptors of a missile de- Judgment Fund and shall be considered for more than $20,000,000 in any fiscal year, the fense system. the same purposes as any subdivision under P–1, Procurement Program; P–5, Cost Anal- (INCLUDING TRANSFER OF FUNDS) the heading ‘‘Shipbuilding and Conversion, ysis; P–5a, Procurement History and Plan- SEC. 8080. In addition to the amounts ap- Navy’’ appropriations in the current fiscal ning; P–21, Production Schedule; and P–40, propriated or otherwise made available else- year or any prior fiscal year. Budget Item Justification. where in this Act, $65,200,000 is hereby appro- SEC. 8086. (a) None of the funds appro- (2) For research, development, test and priated to the Department of Defense: Pro- priated by this Act may be used to transfer evaluation projects requesting more than vided, That the Secretary of Defense shall research and development, acquisition, or $10,000,000 in any fiscal year, the R–1, RDT&E

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Program; R–2, RDT&E Budget Item Jus- (INCLUDING TRANSFER OF FUNDS) any provision of, any agreement as described tification; R–3, RDT&E Project Cost Anal- SEC. 8100. During the current fiscal year, in paragraphs (1) and (2) of subsection (a), ysis; and R–4, RDT&E Program Schedule not to exceed $11,000,000 from each of the ap- with respect to any employee or independent Profile. propriations made in title II of this Act for contractor performing work related to such SEC. 8094. The Secretary of Defense shall ‘‘Operation and Maintenance, Army’’, ‘‘Oper- subcontract. For purposes of this subsection, create a major force program category for ation and Maintenance, Navy’’, and ‘‘Oper- a ‘‘covered subcontractor’’ is an entity that space for each future-years defense program ation and Maintenance, Air Force’’ may be has a subcontract in excess of $1,000,000 on a of the Department of Defense submitted to transferred by the military department con- contract subject to subsection (a). Congress under section 221 of title 10, United cerned to its central fund established for (c) The prohibitions in this section do not States Code, during fiscal year 2011. The Sec- Fisher Houses and Suites pursuant to section apply with respect to a contractor’s or sub- retary of Defense shall designate an official 2493(d) of title 10, United States Code. contractor’s agreements with employees or independent contractors that may not be en- in the Office of the Secretary of Defense to (INCLUDING TRANSFER OF FUNDS) provide overall supervision of the prepara- forced in a court of the United States. SEC. 8101. Of the funds appropriated in the tion and justification of program rec- (d) The Secretary of Defense may waive Intelligence Community Management Ac- ommendations and budget proposals to be in- the application of subsection (a) or (b) to a count for the Program Manager for the In- cluded in such major force program cat- particular contractor or subcontractor for formation Sharing Environment, $24,000,000 egory. the purposes of a particular contract or sub- is available for transfer by the Director of SEC. 8095. (a) Not later than 60 days after contract if the Secretary or the Deputy Sec- National Intelligence to other departments enactment of this Act, the Office of the Di- retary personally determines that the waiver and agencies for purposes of Government- rector of National Intelligence shall submit is necessary to avoid harm to national secu- wide information sharing activities: Pro- a report to the congressional intelligence rity interests of the United States, and that vided, That funds transferred under this pro- committees to establish the baseline for ap- the term of the contract or subcontract is vision are to be merged with and available plication of reprogramming and transfer au- not longer than necessary to avoid such for the same purposes and time period as the thorities for fiscal year 2011: Provided, That harm. The determination shall set forth with appropriation to which transferred: Provided the report shall include— specificity the grounds for the waiver and for further, That the Office of Management and (1) a table for each appropriation with a the contract or subcontract term selected, Budget must approve any transfers made separate column to display the President’s and shall state any alternatives considered under this provision. budget request, adjustments made by Con- in lieu of a waiver and the reasons each such SEC. 8102. Funds appropriated by this Act gress, adjustments due to enacted rescis- alternative would not avoid harm to na- for operation and maintenance may be avail- tional security interests of the United sions, if appropriate, and the fiscal year enable for the purpose of making remittances acted level; States. The Secretary of Defense shall trans- to the Defense Acquisition Workforce Devel- mit to Congress, and simultaneously make (2) a delineation in the table for each ap- opment Fund in accordance with the require- propriation by Expenditure Center and public, any determination under this sub- ments of section 1705 of title 10, United section not less than 15 business days before project; and States Code. (3) an identification of items of special the contract or subcontract addressed in the SEC. 8103. (a) Any agency receiving funds congressional interest. determination may be awarded. made available in this Act, shall, subject to (e) By March 1, 2011, or within 60 days after (b) None of the funds provided for the Na- subsections (b) and (c), post on the public enactment of this Act, whichever is later, tional Intelligence Program in this Act shall website of that agency any report required the Government Accountability Office shall be available for reprogramming or transfer to be submitted by the Congress in this or submit a report to the Congress evaluating until the report identified in subsection (a) is any other Act, upon the determination by the effect that the requirements of this sec- submitted to the congressional intelligence the head of the agency that it shall serve the tion have had on national security, including committees, unless the Director of National national interest. recommendations, if any, for changes to Intelligence certifies in writing to the con- (b) Subsection (a) shall not apply to a re- these requirements. gressional intelligence committees that such port if— SEC. 8105. (a) PROHIBITION ON CONVERSION reprogramming or transfer is necessary as an (1) the public posting of the report com- OF FUNCTIONS PERFORMED BY FEDERAL EM- emergency requirement. promises national security; or PLOYEES TO CONTRACTOR PERFORMANCE.— SEC. 8096. The Director of National Intel- (2) the report contains proprietary infor- None of the funds appropriated by this Act or ligence shall submit to Congress each year, mation. otherwise available to the Department of De- at or about the time that the President’s (c) The head of the agency posting such re- fense may be used to begin or announce the budget is submitted to Congress that year port shall do so only after such report has competition to award to a contractor or con- under section 1105(a) of title 31, United been made available to the requesting Com- vert to performance by a contractor any States Code, a future-years intelligence pro- mittee or Committees of Congress for no less functions performed by Federal employees gram (including associated annexes) reflect- than 45 days. pursuant to a study conducted under Office ing the estimated expenditures and proposed SEC. 8104. (a) None of the funds appro- of Management and Budget (OMB) Circular appropriations included in that budget. Any priated or otherwise made available by this A–76. such future-years intelligence program shall Act may be expended for any Federal con- (b) EXCEPTION.—The prohibition in sub- cover the fiscal year with respect to which tract for an amount in excess of $1,000,000 un- section (a) shall not apply to the award of a the budget is submitted and at least the four less the contractor agrees not to— function to a contractor or the conversion of succeeding fiscal years. (1) enter into any agreement with any of a function to performance by a contractor SEC. 8097. For the purposes of this Act, the its employees or independent contractors pursuant to a study conducted under Office term ‘‘congressional intelligence commit- that requires, as a condition of employment, of Management and Budget (OMB) Circular tees’’ means the Permanent Select Com- that the employee or independent contractor A–76 once all reporting and certifications re- mittee on Intelligence of the House of Rep- agree to resolve through arbitration any quired by section 325 of the National Defense resentatives, the Select Committee on Intel- claim under title VII of the Civil Rights Act Authorization Act for Fiscal Year 2010 (Pub- ligence of the Senate, the Subcommittee on of 1964 or any tort related to or arising out lic Law 111–84) have been satisfactorily com- Defense of the Committee on Appropriations of sexual assault or harassment, including pleted. of the House of Representatives, and the assault and battery, intentional infliction of SEC. 8106. (a)(1) No National Intelligence Subcommittee on Defense of the Committee emotional distress, false imprisonment, or Program funds appropriated in this Act may on Appropriations of the Senate. negligent hiring, supervision, or retention; be used for a mission critical or mission es- SEC. 8098. The Department of Defense shall or sential business management information continue to report incremental contingency (2) take any action to enforce any provi- technology system that is not registered operations costs for Operation New Dawn sion of an existing agreement with an em- with the Director of National Intelligence. A and Operation Enduring Freedom on a ployee or independent contractor that man- system shall be considered to be registered monthly basis in the Cost of War Execution dates that the employee or independent con- with that officer upon the furnishing notice Report as prescribed in the Department of tractor resolve through arbitration any of the system, together with such informa- Defense Financial Management Regulation claim under title VII of the Civil Rights Act tion concerning the system as the Director Department of Defense Instruction 7000.14, of 1964 or any tort related to or arising out of the Business Transformation Office may Volume 12, Chapter 23 ‘‘Contingency Oper- of sexual assault or harassment, including prescribe. ations’’, Annex 1, dated September 2005. assault and battery, intentional infliction of (2) During the current fiscal year no funds SEC. 8099. The amounts appropriated in emotional distress, false imprisonment, or may be obligated or expended for a financial title II of this Act are hereby reduced by negligent hiring, supervision, or retention. management automated information system, $1,983,000,000 to reflect excess cash balances (b) None of the funds appropriated or oth- a mixed information system supporting fi- in Department of Defense Working Capital erwise made available by this Act may be ex- nancial and non-financial systems, or a busi- Funds, as follows: (1) From ‘‘Operation and pended for any Federal contract unless the ness system improvement of more than Maintenance, Army’’, $700,000,000; and (2) contractor certifies that it requires each $3,000,000, within the Intelligence Commu- From ‘‘Operation and Maintenance, Defense- covered subcontractor to agree not to enter nity without the approval of the Business Wide’’, $1,283,000,000. into, and not to take any action to enforce Transformation Office, and the designated

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1159 Intelligence Community functional lead ele- provisions of section 1704 of the National De- ‘‘Operation and Maintenance, Defense- ment. fense Authorization Act for Fiscal Year 2010, Wide’’, to remain available until expended. (b) The Director of the Business Trans- Public Law 111–84: Provided, That for pur- Such funds may be available for the Office of formation Office shall provide the congres- poses of section 1704(b), the facility oper- Economic Adjustment, notwithstanding any sional intelligence committees a semi-an- ations funded are operations of the inte- other provision of law, for transportation in- nual report of approvals under paragraph (1) grated Captain James A. Lovell Federal frastructure improvements associated with no later than March 30 and September 30 of Health Care Center, consisting of the North medical facilities related to recommenda- each year. The report shall include the re- Chicago Veterans Affairs Medical Center, the tions of the Defense Base Closure and Re- sults of the Business Transformation Invest- Navy Ambulatory Care Center, and sup- alignment Commission. ment Review Board’s semi-annual activities, porting facilities designated as a combined SEC. 8113. Section 310(b) of the Supple- and each report shall certify that the fol- Federal medical facility as described by sec- mental Appropriations Act, 2009 (Public Law lowing steps have been taken for systems ap- tion 706 of Public Law 110–417: Provided fur- 111–32; 124 Stat. 1871) is amended by striking proved under paragraph (1): ther, That additional funds may be trans- ‘‘1 year’’ both places it appears and inserting (1) Business process reengineering. ferred from funds appropriated for operation ‘‘2 years’’. SEC. 8114. The Office of the Director of Na- (2) An analysis of alternatives and an eco- and maintenance for the Defense Health Pro- tional Intelligence shall not employ more nomic analysis that includes a calculation of gram to the Joint Department of Defense- Senior Executive employees than are speci- the return on investment. Department of Veterans Affairs Medical Fa- fied in the classified annex: Provided, That (3) Assurance the system is compatible cility Demonstration Fund upon written no- not later than 90 days after enactment of with the enterprise-wide business architec- tification by the Secretary of Defense to the this Act, the Director of National Intel- ture. Committees on Appropriations of the House ligence shall certify that the Office of the (4) Performance measures. of Representatives and the Senate. Director of National Intelligence selects in- (5) An information assurance strategy con- SEC. 8110. (a) Of the amounts made avail- dividuals for Senior Executive positions in a sistent with the Chief Information Officer of able in this Act under the heading ‘‘Oper- manner consistent with statutes, regula- the Intelligence Community. ation and Maintenance, Navy’’, not less than tions, and the requirements of other Federal (c) This section shall not apply to any pro- $2,000,000, shall be made available for agencies in making such appointments and grammatic or analytic systems or pro- leveraging the Army’s Contractor Manpower will submit its policies and procedures re- grammatic or analytic system improve- Reporting Application, modified as appro- lated to the appointment of personnel to ments. priate for Service-specific requirements, for Senior Executive positions to the congres- (INCLUDING TRANSFER OF FUNDS) documenting the number of full-time con- sional intelligence oversight committees. tractor employees (or its equivalent) pursu- SEC. 8107. Of the funds appropriated in this SEC. 8115. For all major defense acquisition Act for the Office of the Director of National ant to United States Code title 10, section programs for which the Department of De- Intelligence, $50,000,000, may be transferred 2330a(c) and meeting the requirements of fense plans to proceed to source selection to appropriations available to the Central In- United States Code title 10, section 2330a(e) during the current fiscal year, the Secretary telligence Agency, the National Security and United States Code title 10, section 235. of Defense shall perform an assessment of (b) Of the amounts made available in this Agency, and the National Geospatial Intel- the winning bidder to determine whether or Act under the heading ‘‘Operation and Main- ligence Agency, the Defense Intelligence not the proposed costs are realistic and rea- tenance, Air Force’’, not less than $2,000,000 Agency and the National Reconnaissance Of- sonable with respect to proposed develop- shall be made available for leveraging the fice for the Business Transformation Trans- ment and production costs. The Secretary of Army’s Contractor Manpower Reporting Ap- fer Funds, to be merged with and to be avail- Defense shall provide a report of these as- plication, modified as appropriate for Serv- able for the same time period and the same sessments, to specifically include whether ice-specific requirements, for documenting purposes as the appropriation to which any cost assessments determined that such the number of full-time contractor employ- transferred: Provided, That the transfer au- proposed costs were unreasonable or unreal- ees (or its equivalent) pursuant to United thority provided under this provision is in istic, to the congressional defense commit- States Code title 10 section 2330a(c) and addition to any other transfer authority con- tees not later than 60 days after enactment meeting the requirements of United States tained in this Act. of this Act and on a quarterly basis there- Code title 10, section 2330a(e) and United after. (INCLUDING TRANSFER OF FUNDS) States Code title 10, section 235. SEC. 8116. (a) The Deputy Under Secretary SEC. 8108. In addition to funds made avail- (c) The Secretaries of the Army, Navy, Air of Defense for Installations and Environ- able elsewhere in this Act, there is hereby Force, and the Directors of the Defense ment, in collaboration with the Secretary of appropriated $538,875,000, to remain available Agencies and Field Activities (in coordina- Energy, shall conduct energy security pilot until transferred: Provided, That these funds tion with the appropriate Principal Staff As- projects at facilities of the Department of are appropriated to the ‘‘Tanker Replace- sistant), in coordination with the Under Sec- Defense. ment Transfer Fund’’ (referred to as ‘‘the retary of Defense for Personnel and Readi- (b) In addition to the amounts provided Fund’’ elsewhere in this section): Provided ness, shall report to the congressional de- elsewhere in this Act, $20,000,000, is appro- further, That the Secretary of the Air Force fense committees within 60 days of enact- priated to the Department of Defense for may transfer amounts in the Fund to ‘‘Oper- ment of this Act their plan for documenting ‘‘Operation and Maintenance, Defense-Wide’’ ation and Maintenance, Air Force’’, ‘‘Air- the number of full-time contractor employ- for energy security pilot projects under sub- craft Procurement, Air Force’’, and ‘‘Re- ees (or its equivalent), as required by United section (a). search, Development, Test and Evaluation, States Code title 10, section 2330a. SEC. 8117. None of the funds appropriated or otherwise made available by this Act may Air Force’’, only for the purposes of pro- (INCLUDING TRANSFER OF FUNDS) ceeding with a tanker acquisition program: be obligated or expended to pay a retired SEC. 8111. In addition to amounts provided Provided further, That funds transferred shall general or flag officer to serve as a senior elsewhere in this Act, there is appropriated be merged with and be available for the same mentor advising the Department of Defense $250,000,000, for an additional amount for purposes and for the same time period as the unless such retired officer files a Standard ‘‘Operation and Maintenance, Defense- appropriations or fund to which transferred: Form 278 (or successor form concerning pub- Wide’’, to be available until expended: Pro- Provided further, That this transfer authority lic financial disclosure under part 2634 of vided, That such funds shall only be available is in addition to any other transfer authority title 5, Code of Federal Regulations) to the to the Secretary of Defense, acting through available to the Department of Defense: Pro- Office of Government Ethics. the Office of Economic Adjustment of the vided further, That the Secretary of the Air SEC. 8118. Not later than 180 days after the Department of Defense, or for transfer to the Force shall, not fewer than 15 days prior to date of the enactment of this Act, the Sec- Secretary of Education, notwithstanding any making transfers using funds provided in retary of Defense, the Chief of the Air Force other provision of law, to make grants, con- this section, notify the congressional defense Reserve, and the Director of the National clude cooperative agreements, or supplement committees in writing of the details of any Guard Bureau, in collaboration with the Sec- other Federal funds to construct, renovate, such transfer: Provided further, That the Sec- retary of Agriculture and the Secretary of repair, or expand elementary and secondary the Interior, shall submit to the Committees retary shall submit a report no later than 30 public schools on military installations in on Appropriations of the House and Senate, days after the end of each fiscal quarter to order to address capacity or facility condi- the House Committee on Agriculture, the the congressional defense committees sum- tion deficiencies at such schools: Provided Senate Committee on Agriculture, Nutrition marizing the details of the transfer of funds further, That in making such funds available, and Forestry, the House Committee on Nat- from this appropriation. the Office of Economic Adjustment or the ural Resources, and the Senate Committee (INCLUDING TRANSFER OF FUNDS) Secretary of Education shall give priority on Energy and Natural Resources a report of SEC. 8109. From within the funds appro- consideration to those military installations firefighting aviation assets. The report re- priated for operation and maintenance for with schools having the most serious capac- quired under this section shall include each the Defense Health Program in this Act, up ity or facility condition deficiencies as de- of the following: to $132,200,000, shall be available for transfer termined by the Secretary of Defense. (1) A description of the programming de- to the Joint Department of Defense-Depart- SEC. 8112. In addition to amounts provided tails necessary to obtain an appropriate mix ment of Veterans Affairs Medical Facility elsewhere in this Act, there is appropriated of fixed wing and rotor wing firefighting as- Demonstration Fund in accordance with the $300,000,000, for an additional amount for sets needed to produce an effective aviation

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1160 CONGRESSIONAL RECORD — SENATE March 2, 2011 resource base to support the wildland fire terrorism pursuant to section 3(c)(2) of H. vided, That each amount in this paragraph is management program into the future. Such Res. 5 (112th Congress) and as an emergency designated as being for contingency oper- programming details shall include the acqui- requirement pursuant to section 403(a) of S. ations directly related to the global war on sition and contracting needs of the mix of Con. Res. 13 (111th Congress), the concurrent terrorism pursuant to section 3(c)(2) of H. aviation resources fleet, including the acqui- resolution on the budget for fiscal year 2010. Res. 5 (112th Congress) and as an emergency sition of up to 24 C–130Js equipped with the MILITARY PERSONNEL, AIR FORCE requirement pursuant to section 403(a) of S. Mobile Airborne Fire Fighting System II (in For an additional amount for ‘‘Military Con. Res. 13 (111th Congress), the concurrent this section referred to as ‘‘MAFFS’’), to be Personnel, Air Force’’, $2,060,442,000: Pro- resolution on the budget for fiscal year 2010. acquired over several fiscal years starting in vided, That each amount in this paragraph is OPERATION AND MAINTENANCE, NAVY fiscal year 2012. designated as being for contingency oper- For an additional amount for ‘‘Operation (2) The costs associated with acquisition ations directly related to the global war on and Maintenance, Navy’’, $8,970,724,000: Pro- and contracting of the aviation assets de- terrorism pursuant to section 3(c)(2) of H. vided, That each amount in this paragraph is scribed in paragraph (1). Res. 5 (112th Congress) and as an emergency designated as being for contingency oper- (3) A description of the costs of the oper- requirement pursuant to section 403(a) of S. ations directly related to the global war on ation, maintenance, and sustainment of a Con. Res. 13 (111th Congress), the concurrent terrorism pursuant to section 3(c)(2) of H. fixed and rotor wing aviation fleet, including resolution on the budget for fiscal year 2010. Res. 5 (112th Congress) and as an emergency a C–130J/MAFFS II in an Air National Guard RESERVE PERSONNEL, ARMY requirement pursuant to section 403(a) of S. tactical airlift unit construct of 4, 6, or 8 C– For an additional amount for ‘‘Reserve Con. Res. 13 (111th Congress), the concurrent 130Js per unit starting in fiscal year 2012, Personnel, Army’’, $268,031,000: Provided, resolution on the budget for fiscal year 2010. projected out through fiscal year 2020. Such That each amount in this paragraph is des- OPERATION AND MAINTENANCE, MARINE CORPS description shall include the projected costs ignated as being for contingency operations associated with each of the following For an additional amount for ‘‘Operation directly related to the global war on ter- and Maintenance, Marine Corps’’, through fiscal year 2020: rorism pursuant to section 3(c)(2) of H. Res. $4,008,022,000: Provided, That each amount in (A) Crew ratio based on 4, 6, or 8 C–130J Air 5 (112th Congress) and as an emergency re- this paragraph is designated as being for con- National Guard unit construct and require- quirement pursuant to section 403(a) of S. tingency operations directly related to the ment for full-time equivalent crews. Con. Res. 13 (111th Congress), the concurrent global war on terrorism pursuant to section (B) Associated maintenance and other sup- resolution on the budget for fiscal year 2010. 3(c)(2) of H. Res. 5 (112th Congress) and as an port personnel and requirement for full-time RESERVE PERSONNEL, NAVY equivalent positions. emergency requirement pursuant to section For an additional amount for ‘‘Reserve 403(a) of S. Con. Res. 13 (111th Congress), the (C) Yearly flying hour model and the cost Personnel, Navy’’, $48,912,000: Provided, That for use of a fixed and rotor wing aviation concurrent resolution on the budget for fis- each amount in this paragraph is designated cal year 2010. fleet, including C–130J in its MAFFS capac- as being for contingency operations directly OPERATION AND MAINTENANCE, AIR FORCE ity supporting the United States Forest related to the global war on terrorism pursu- Service. ant to section 3(c)(2) of H. Res. 5 (112th Con- For an additional amount for ‘‘Operation (D) Yearly flying hour model and cost for gress) and as an emergency requirement pur- and Maintenance, Air Force’’, $12,989,643,000: use of a C–130J in its capacity supporting Air suant to section 403(a) of S. Con. Res. 13 Provided, That each amount in this para- National Guard tactical airlift training. (111th Congress), the concurrent resolution graph is designated as being for contingency (E) Any other costs required to conduct on the budget for fiscal year 2010. operations directly related to the global war both the airlift and firefighting missions, in- RESERVE PERSONNEL, MARINE CORPS on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency cluding the Air National Guard unit con- For an additional amount for ‘‘Reserve requirement pursuant to section 403(a) of S. struct for C–130Js. Personnel, Marine Corps’’, $45,437,000: Pro- Con. Res. 13 (111th Congress), the concurrent (4) Proposed program management, utiliza- vided, That each amount in this paragraph is tion, and cost share arrangements for the designated as being for contingency oper- resolution on the budget for fiscal year 2010. aircraft described in paragraph (1) for priations directly related to the global war on OPERATION AND MAINTENANCE, DEFENSE-WIDE mary support of the Forest Service and sec- terrorism pursuant to section 3(c)(2) of H. For an additional amount for ‘‘Operation ondary support, on an as available basis, for Res. 5 (112th Congress) and as an emergency and Maintenance, Defense-Wide’’, the Department of Defense, together with requirement pursuant to section 403(a) of S. $9,276,990,000: Provided, That each amount in any proposed statutory language needed to Con. Res. 13 (111th Congress), the concurrent this section is designated as being for contin- authorize and effectuate the same. resolution on the budget for fiscal year 2010. gency operations directly related to the (5) An integrated plan for the Forest Serv- RESERVE PERSONNEL, AIR FORCE global war on terrorism pursuant to section ice and the Department of the Interior For an additional amount for ‘‘Reserve 3(c)(2) of H. Res. 5 (112th Congress) and as an wildland fire management programs to oper- Personnel, Air Force’’, $27,002,000: Provided, emergency requirement pursuant to section ate the fire fighting air tanker assets re- That each amount in this paragraph is des- 403(a) of S. Con. Res. 13 (111th Congress), the ferred to in this section. ignated as being for contingency operations concurrent resolution on the budget for fis- TITLE IX directly related to the global war on ter- cal year 2010: Provided further, That of the OVERSEAS CONTINGENCY OPERATIONS rorism pursuant to section 3(c)(2) of H. Res. funds provided under this heading: (1) Not to exceed $12,500,000 for the Com- MILITARY PERSONNEL 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. batant Commander Initiative Fund, to be MILITARY PERSONNEL, ARMY Con. Res. 13 (111th Congress), the concurrent used in support of Operation New Dawn and For an additional amount for ‘‘Military resolution on the budget for fiscal year 2010. Operation Enduring Freedom. Personnel, Army’’, $11,468,033,000: Provided, NATIONAL GUARD PERSONNEL, ARMY (2) Not to exceed $1,600,000,000, to remain That each amount in this paragraph is des- available until expended, for payments to re- For an additional amount for ‘‘National ignated as being for contingency operations imburse key cooperating nations for Guard Personnel, Army’’, $853,022,000: Pro- directly related to the global war on ter- logistical, military, and other support, in- vided, That each amount in this paragraph is rorism pursuant to section 3(c)(2) of H. Res. cluding access provided to United States designated as being for contingency oper- 5 (112th Congress) and as an emergency re- ations directly related to the global war on military operations in support of Operation quirement pursuant to section 403(a) of S. terrorism pursuant to section 3(c)(2) of H. New Dawn and Operation Enduring Freedom, Con. Res. 13 (111th Congress), the concurrent Res. 5 (112th Congress) and as an emergency notwithstanding any other provision of law: resolution on the budget for fiscal year 2010. requirement pursuant to section 403(a) of S. Provided, That such reimbursement pay- MILITARY PERSONNEL, NAVY Con. Res. 13 (111th Congress), the concurrent ments may be made in such amounts as the Secretary of Defense, with the concurrence For an additional amount for ‘‘Military resolution on the budget for fiscal year 2010. of the Secretary of State, and in consulta- Personnel, Navy’’, $1,308,719,000: Provided, NATIONAL GUARD PERSONNEL, AIR FORCE tion with the Director of the Office of Man- That each amount in this paragraph is des- For an additional amount for ‘‘National agement and Budget, may determine, in his ignated as being for contingency operations Guard Personnel, Air Force’’, $16,860,000: Pro- discretion, based on documentation deter- directly related to the global war on ter- vided, That each amount in this paragraph is mined by the Secretary of Defense to ade- rorism pursuant to section 3(c)(2) of H. Res. designated as being for contingency oper- quately account for the support provided, 5 (112th Congress) and as an emergency re- ations directly related to the global war on and such determination is final and conclu- quirement pursuant to section 403(a) of S. terrorism pursuant to section 3(c)(2) of H. sive upon the accounting officers of the Con. Res. 13 (111th Congress), the concurrent Res. 5 (112th Congress) and as an emergency United States, and 15 days following notifi- resolution on the budget for fiscal year 2010. requirement pursuant to section 403(a) of S. cation to the appropriate congressional com- MILITARY PERSONNEL, MARINE CORPS Con. Res. 13 (111th Congress), the concurrent mittees: Provided further, That the require- resolution on the budget for fiscal year 2010. For an additional amount for ‘‘Military ment to provide notification shall not apply Personnel, Marine Corps’’, $732,920,000: Pro- OPERATION AND MAINTENANCE with respect to a reimbursement for access vided, That each amount in this paragraph is OPERATION AND MAINTENANCE, ARMY based on an international agreement: Pro- designated as being for contingency oper- For an additional amount for ‘‘Operation vided further, That these funds may be used ations directly related to the global war on and Maintenance, Army’’, $59,212,782,000: Pro- for the purpose of providing specialized

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1161 training and procuring supplies and special- 403(a) of S. Con. Res. 13 (111th Congress), the until September 30, 2012: Provided, That such ized equipment and providing such supplies concurrent resolution on the budget for fis- funds shall be available to the Secretary of and loaning such equipment on a non-reim- cal year 2010. Defense, notwithstanding any other provi- bursable basis to coalition forces supporting AFGHANISTAN INFRASTRUCTURE FUND sion of law, for the purpose of allowing the United States military operations in Iraq (INCLUDING TRANSFER OF FUNDS) Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s and Afghanistan, and 15 days following noti- There is hereby established in the Treas- fication to the appropriate congressional ury of the United States the ‘‘Afghanistan designee, to provide assistance, with the con- committees: Provided further, That the Sec- Infrastructure Fund’’. For the ‘‘Afghanistan currence of the Secretary of State, to the se- retary of Defense shall provide quarterly re- Infrastructure Fund’’, $400,000,000, to remain curity forces of Afghanistan, including the ports to the congressional defense commit- available until September 30, 2012: Provided, provision of equipment, supplies, services, tees on the use of funds provided in this That such sums shall be available for infra- training, facility and infrastructure repair, paragraph. structure projects in Afghanistan, notwith- renovation, and construction, and funding: OPERATION AND MAINTENANCE, ARMY standing any other provision of law, which Provided further, That the authority to pro- RESERVE shall be undertaken by the Secretary of vide assistance under this heading is in addi- For an additional amount for ‘‘Operation State, unless the Secretary of State and the tion to any other authority to provide assist- and Maintenance, Army Reserve’’, Secretary of Defense jointly decide that a ance to foreign nations: Provided further, $206,784,000: Provided, That each amount in specific project will be undertaken by the That up to $15,000,000 of these funds may be this paragraph is designated as being for con- Department of Defense: Provided further, available for coalition police trainer life sup- tingency operations directly related to the That the infrastructure referred to in the port costs: Provided further, That contribu- global war on terrorism pursuant to section preceding proviso is in support of the coun- tions of funds for the purposes provided here- 3(c)(2) of H. Res. 5 (112th Congress) and as an terinsurgency strategy, requiring funding for in from any person, foreign government, or emergency requirement pursuant to section facility and infrastructure projects, includ- international organization may be credited 403(a) of S. Con. Res. 13 (111th Congress), the ing, but not limited to, water, power, and to this Fund and used for such purposes: Pro- concurrent resolution on the budget for fis- transportation projects and related mainte- vided further, That the Secretary of Defense nance and sustainment costs: Provided fur- cal year 2010. shall notify the congressional defense com- ther, That the authority to undertake such mittees in writing upon the receipt and upon OPERATION AND MAINTENANCE, NAVY RESERVE infrastructure projects is in addition to any the obligation of any contribution, delin- For an additional amount for ‘‘Operation other authority to provide assistance to for- eating the sources and amounts of the funds and Maintenance, Navy Reserve’’, $93,559,000: eign nations: Provided further, That any received and the specific use of such con- Provided, That each amount in this para- projects funded by this appropriation shall tributions: Provided further, That the Sec- graph is designated as being for contingency be jointly formulated and concurred in by retary of Defense shall, not fewer than 15 operations directly related to the global war the Secretary of State and Secretary of De- days prior to obligating from this appropria- on terrorism pursuant to section 3(c)(2) of H. fense: Provided further, That funds may be tion account, notify the congressional de- Res. 5 (112th Congress) and as an emergency transferred to the Department of State for fense committees in writing of the details of requirement pursuant to section 403(a) of S. purposes of undertaking projects, which any such obligation: Provided further, That Con. Res. 13 (111th Congress), the concurrent funds shall be considered to be economic as- the Secretary of Defense shall notify the resolution on the budget for fiscal year 2010. sistance under the Foreign Assistance Act of congressional defense committees of any OPERATION AND MAINTENANCE, MARINE CORPS 1961 for purposes of making available the ad- proposed new projects or transfer of funds RESERVE ministrative authorities contained in that between budget sub-activity groups in excess Act: Provided further, That the transfer au- For an additional amount for ‘‘Operation of $20,000,000: Provided further, That each thority in the preceding proviso is in addi- amount in this paragraph is designated as and Maintenance, Marine Corps Reserve’’, tion to any other authority available to the being for contingency operations directly re- $29,685,000: Provided, That each amount in Department of Defense to transfer funds: lated to the global war on terrorism pursu- this paragraph is designated as being for con- Provided further, That any unexpended funds ant to section 3(c)(2) of H. Res. 5 (112th Con- tingency operations directly related to the transferred to the Secretary of State under gress) and as an emergency requirement pur- global war on terrorism pursuant to section this authority shall be returned to the Af- suant to section 403(a) of S. Con. Res. 13 3(c)(2) of H. Res. 5 (112th Congress) and as an ghanistan Infrastructure Fund if the Sec- (111th Congress), the concurrent resolution emergency requirement pursuant to section retary of State, in coordination with the on the budget for fiscal year 2010. 403(a) of S. Con. Res. 13 (111th Congress), the Secretary of Defense, determines that the concurrent resolution on the budget for fis- project cannot be implemented for any rea- IRAQ SECURITY FORCES FUND cal year 2010. son, or that the project no longer supports For the ‘‘Iraq Security Forces Fund’’, OPERATION AND MAINTENANCE, AIR FORCE the counterinsurgency strategy in Afghani- $1,500,000,000, to remain available until Sep- RESERVE stan: Provided further, That any funds re- tember 30, 2012: Provided, That such funds For an additional amount for ‘‘Operation turned to the Secretary of Defense under the shall be available to the Secretary of De- and Maintenance, Air Force Reserve’’, previous proviso shall be available for use fense, notwithstanding any other provision $203,807,000: Provided, That each amount in under this appropriation and shall be treated of law, for the purpose of allowing the Com- this paragraph is designated as being for con- in the same manner as funds not transferred mander, United States Forces-Iraq, or the tingency operations directly related to the to the Secretary of State: Provided further, Secretary’s designee, to provide assistance, global war on terrorism pursuant to section That contributions of funds for the purposes with the concurrence of the Secretary of 3(c)(2) of H. Res. 5 (112th Congress) and as an provided herein to the Secretary of State in State, to the security forces of Iraq, includ- emergency requirement pursuant to section accordance with section 635(d) of the Foreign ing the provision of equipment, supplies, 403(a) of S. Con. Res. 13 (111th Congress), the Assistance Act from any person, foreign gov- services, training, facility and infrastructure concurrent resolution on the budget for fis- ernment, or international organization may repair, and renovation: Provided further, That cal year 2010. be credited to this Fund, to remain available the authority to provide assistance under until expended, and used for such purposes: this heading is in addition to any other au- OPERATION AND MAINTENANCE, ARMY Provided further, That the Secretary of De- thority to provide assistance to foreign na- NATIONAL GUARD fense shall, not fewer than 15 days prior to tions: Provided further, That contributions of For an additional amount for ‘‘Operation making transfers to or from, or obligations funds for the purposes provided herein from and Maintenance, Army National Guard’’, from the Fund, notify the appropriate com- any person, foreign government, or inter- $497,849,000: Provided, That each amount in mittees of Congress in writing of the details national organization may be credited to this paragraph is designated as being for con- of any such transfer: Provided further, That this Fund and used for such purposes: Pro- tingency operations directly related to the the ‘‘appropriate committees of Congress’’ vided further, That the Secretary shall notify global war on terrorism pursuant to section are the Committees on Armed Services, For- the congressional defense committees in 3(c)(2) of H. Res. 5 (112th Congress) and as an eign Relations and Appropriations of the writing upon the receipt and upon the obli- emergency requirement pursuant to section Senate and the Committees on Armed Serv- gation of any contribution, delineating the 403(a) of S. Con. Res. 13 (111th Congress), the ices, Foreign Affairs and Appropriations of sources and amounts of the funds received concurrent resolution on the budget for fis- the House of Representatives: Provided fur- and the specific use of such contributions: cal year 2010. ther, That each amount in this paragraph is Provided further, That the Secretary of De- OPERATION AND MAINTENANCE, AIR NATIONAL designated as being for contingency oper- fense shall, not fewer than 15 days prior to GUARD ations directly related to the global war on obligating from this appropriation account, For an additional amount for ‘‘Operation terrorism pursuant to section 3(c)(2) of H. notify the congressional defense committees and Maintenance, Air National Guard’’, Res. 5 (112th Congress) and as an emergency in writing of the details of any such obliga- $417,983,000: Provided, That each amount in requirement pursuant to section 403(a) of S. tion: Provided further, That the Secretary of this paragraph is designated as being for con- Con. Res. 13 (111th Congress), the concurrent Defense shall notify the congressional de- tingency operations directly related to the resolution on the budget for fiscal year 2010. fense committees of any proposed new global war on terrorism pursuant to section AFGHANISTAN SECURITY FORCES FUND projects or transfer of funds between budget 3(c)(2) of H. Res. 5 (112th Congress) and as an For the ‘‘Afghanistan Security Forces sub-activity groups in excess of $20,000,000: emergency requirement pursuant to section Fund’’, $11,619,283,000, to remain available Provided further, That each amount in this

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paragraph is designated as being for contin- available until September 30, 2013: Provided, OTHER PROCUREMENT, AIR FORCE gency operations directly related to the That each amount in this paragraph is des- For an additional amount for ‘‘Other Pro- global war on terrorism pursuant to section ignated as being for contingency operations curement, Air Force’’, $2,868,593,000, to re- 3(c)(2) of H. Res. 5 (112th Congress) and as an directly related to the global war on ter- main available until September 30, 2013: Pro- emergency requirement pursuant to section rorism pursuant to section 3(c)(2) of H. Res. vided, That each amount in this paragraph is 403(a) of S. Con. Res. 13 (111th Congress), the 5 (112th Congress) and as an emergency redesignated as being for contingency oper- concurrent resolution on the budget for fis- quirement pursuant to section 403(a) of S. ations directly related to the global war on cal year 2010. Con. Res. 13 (111th Congress), the concurrent terrorism pursuant to section 3(c)(2) of H. PROCUREMENT resolution on the budget for fiscal year 2010. Res. 5 (112th Congress) and as an emergency AIRCRAFT PROCUREMENT, ARMY PROCUREMENT OF AMMUNITION, NAVY AND requirement pursuant to section 403(a) of S. For an additional amount for ‘‘Aircraft MARINE CORPS Con. Res. 13 (111th Congress), the concurrent Procurement, Army’’, $2,720,138,000, to re- For an additional amount for ‘‘Procure- resolution on the budget for fiscal year 2010. main available until September 30, 2013: Pro- ment of Ammunition, Navy and Marine PROCUREMENT, DEFENSE-WIDE vided, That each amount in this paragraph is Corps’’, $558,024,000, to remain available until For an additional amount for ‘‘Procure- designated as being for contingency oper- September 30, 2013: Provided, That each ment, Defense-Wide’’, $1,262,499,000, to re- ations directly related to the global war on amount in this paragraph is designated as main available until September 30, 2013: Pro- terrorism pursuant to section 3(c)(2) of H. being for contingency operations directly re- vided, That each amount in this paragraph is Res. 5 (112th Congress) and as an emergency lated to the global war on terrorism pursu- designated as being for contingency oper- requirement pursuant to section 403(a) of S. ant to section 3(c)(2) of H. Res. 5 (112th Con- ations directly related to the global war on Con. Res. 13 (111th Congress), the concurrent gress) and as an emergency requirement pur- terrorism pursuant to section 3(c)(2) of H. resolution on the budget for fiscal year 2010. suant to section 403(a) of S. Con. Res. 13 Res. 5 (112th Congress) and as an emergency MISSILE PROCUREMENT, ARMY (111th Congress), the concurrent resolution requirement pursuant to section 403(a) of S. For an additional amount for ‘‘Missile Pro- on the budget for fiscal year 2010. Con. Res. 13 (111th Congress), the concurrent curement, Army’’, $343,828,000, to remain resolution on the budget for fiscal year 2010. OTHER PROCUREMENT, NAVY available until September 30, 2013: Provided, NATIONAL GUARD AND RESERVE EQUIPMENT That each amount in this paragraph is des- For an additional amount for ‘‘Other Pro- curement, Navy’’, $316,835,000, to remain For procurement of aircraft, missiles, ignated as being for contingency operations tracked combat vehicles, ammunition, other directly related to the global war on ter- available until September 30, 2013: Provided, That each amount in this paragraph is des- weapons and other procurement for the re- rorism pursuant to section 3(c)(2) of H. Res. serve components of the Armed Forces, 5 (112th Congress) and as an emergency re- ignated as being for contingency operations $850,000,000, to remain available for obliga- quirement pursuant to section 403(a) of S. directly related to the global war on ter- tion until September 30, 2013, of which Con. Res. 13 (111th Congress), the concurrent rorism pursuant to section 3(c)(2) of H. Res. $250,000,000 shall be available only for the resolution on the budget for fiscal year 2010. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Army National Guard: Provided, That the PROCUREMENT OF WEAPONS AND TRACKED Chiefs of National Guard and Reserve compo- COMBAT VEHICLES, ARMY Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. nents shall, not later than 30 days after the For an additional amount for ‘‘Procure- enactment of this Act, individually submit ment of Weapons and Tracked Combat Vehi- PROCUREMENT, MARINE CORPS to the congressional defense committees the cles, Army’’, $896,996,000, to remain available For an additional amount for ‘‘Procure- modernization priority assessment for their until September 30, 2013: Provided, That each ment, Marine Corps’’, $1,589,119,000, to re- respective National Guard or Reserve compo- amount in this paragraph is designated as main available until September 30, 2013: Pro- nent: Provided further, That each amount in being for contingency operations directly re- vided, That each amount in this paragraph is this paragraph is designated as being for con- lated to the global war on terrorism pursu- designated as being for contingency oper- tingency operations directly related to the ant to section 3(c)(2) of H. Res. 5 (112th Con- ations directly related to the global war on global war on terrorism pursuant to section gress) and as an emergency requirement pur- terrorism pursuant to section 3(c)(2) of H. 3(c)(2) of H. Res. 5 (112th Congress) and as an suant to section 403(a) of S. Con. Res. 13 Res. 5 (112th Congress) and as an emergency emergency requirement pursuant to section (111th Congress), the concurrent resolution requirement pursuant to section 403(a) of S. 403(a) of S. Con. Res. 13 (111th Congress), the on the budget for fiscal year 2010. Con. Res. 13 (111th Congress), the concurrent concurrent resolution on the budget for fis- PROCUREMENT OF AMMUNITION, ARMY resolution on the budget for fiscal year 2010. cal year 2010. For an additional amount for ‘‘Procure- AIRCRAFT PROCUREMENT, AIR FORCE MINE RESISTANT AMBUSH PROTECTED VEHICLE ment of Ammunition, Army’’, $369,885,000, to For an additional amount for ‘‘Aircraft FUND remain available until September 30, 2013: Procurement, Air Force’’, $1,991,955,000, to (INCLUDING TRANSFER OF FUNDS) Provided, That each amount in this para- remain available until September 30, 2013: For the Mine Resistant Ambush Protected graph is designated as being for contingency Provided, That each amount in this para- operations directly related to the global war Vehicle Fund, $3,415,000,000, to remain avail- graph is designated as being for contingency on terrorism pursuant to section 3(c)(2) of H. able until September 30, 2012: Provided, That operations directly related to the global war Res. 5 (112th Congress) and as an emergency such funds shall be available to the Sec- on terrorism pursuant to section 3(c)(2) of H. requirement pursuant to section 403(a) of S. retary of Defense, notwithstanding any other Con. Res. 13 (111th Congress), the concurrent Res. 5 (112th Congress) and as an emergency provision of law, to procure, sustain, trans- resolution on the budget for fiscal year 2010. requirement pursuant to section 403(a) of S. port, and field Mine Resistant Ambush Pro- Con. Res. 13 (111th Congress), the concurrent tected vehicles: Provided further, That the OTHER PROCUREMENT, ARMY resolution on the budget for fiscal year 2010. Secretary shall transfer such funds only to For an additional amount for ‘‘Other Pro- MISSILE PROCUREMENT, AIR FORCE appropriations made available in this or any curement, Army’’, $6,423,832,000, to remain other Act for operation and maintenance; For an additional amount for ‘‘Missile Pro- available until September 30, 2013: Provided, procurement; research, development, test curement, Air Force’’, $56,621,000, to remain That each amount in this paragraph is des- and evaluation; and defense working capital available until September 30, 2013: Provided, ignated as being for contingency operations funds to accomplish the purpose provided That each amount in this paragraph is des- directly related to the global war on ter- herein: Provided further, That such trans- ignated as being for contingency operations rorism pursuant to section 3(c)(2) of H. Res. ferred funds shall be merged with and be directly related to the global war on ter- 5 (112th Congress) and as an emergency re- available for the same purposes and the same quirement pursuant to section 403(a) of S. rorism pursuant to section 3(c)(2) of H. Res. time period as the appropriation to which Con. Res. 13 (111th Congress), the concurrent 5 (112th Congress) and as an emergency re- transferred: Provided further, That this trans- resolution on the budget for fiscal year 2010. quirement pursuant to section 403(a) of S. fer authority is in addition to any other Con. Res. 13 (111th Congress), the concurrent AIRCRAFT PROCUREMENT, NAVY transfer authority available to the Depart- resolution on the budget for fiscal year 2010. For an additional amount for ‘‘Aircraft ment of Defense: Provided further, That the Procurement, Navy’’, $1,269,549,000, to remain PROCUREMENT OF AMMUNITION, AIR FORCE Secretary shall, not fewer than 10 days prior available until September 30, 2013: Provided, For an additional amount for ‘‘Procure- to making transfers from this appropriation, That each amount in this paragraph is des- ment of Ammunition, Air Force’’, notify the congressional defense committees ignated as being for contingency operations $292,959,000, to remain available until Sep- in writing of the details of any such transfer: directly related to the global war on ter- tember 30, 2013: Provided, That each amount Provided further, That each amount in this rorism pursuant to section 3(c)(2) of H. Res. in this paragraph is designated as being for paragraph is designated as being for contin- 5 (112th Congress) and as an emergency re- contingency operations directly related to gency operations directly related to the quirement pursuant to section 403(a) of S. the global war on terrorism pursuant to sec- global war on terrorism pursuant to section Con. Res. 13 (111th Congress), the concurrent tion 3(c)(2) of H. Res. 5 (112th Congress) and 3(c)(2) of H. Res. 5 (112th Congress) and as an resolution on the budget for fiscal year 2010. as an emergency requirement pursuant to emergency requirement pursuant to section WEAPONS PROCUREMENT, NAVY section 403(a) of S. Con. Res. 13 (111th Con- 403(a) of S. Con. Res. 13 (111th Congress), the For an additional amount for ‘‘Weapons gress), the concurrent resolution on the concurrent resolution on the budget for fis- Procurement, Navy’’, $90,502,000, to remain budget for fiscal year 2010. cal year 2010.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1163 RESEARCH, DEVELOPMENT, TEST AND 3(c)(2) of H. Res. 5 (112th Congress) and as an ity in this section: Provided further, That the EVALUATION emergency requirement pursuant to section authority provided in this section is in addi- RESEARCH, DEVELOPMENT, TEST AND 403(a) of S. Con. Res. 13 (111th Congress), the tion to any other transfer authority avail- EVALUATION, ARMY concurrent resolution on the budget for fis- able to the Department of Defense and is cal year 2010. subject to the same terms and conditions as For an additional amount for ‘‘Research, the authority provided in the Department of Development, Test and Evaluation, Army’’, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE Defense Appropriations Act, 2011. $143,234,000, to remain available until Sep- SEC. 9003. Supervision and administration tember 30, 2012: Provided, That each amount For an additional amount for ‘‘Drug Inter- costs associated with a construction project in this paragraph is designated as being for diction and Counter-Drug Activities, De- funded with appropriations available for op- contingency operations directly related to fense’’, $440,510,000, to remain available until eration and maintenance or the ‘‘Afghani- the global war on terrorism pursuant to sec- September 30, 2012: Provided, That each stan Security Forces Fund’’ provided in this tion 3(c)(2) of H. Res. 5 (112th Congress) and amount in this paragraph is designated as Act and executed in direct support of over- as an emergency requirement pursuant to being for contingency operations directly re- seas contingency operations in Afghanistan, section 403(a) of S. Con. Res. 13 (111th Con- lated to the global war on terrorism pursu- may be obligated at the time a construction gress), the concurrent resolution on the ant to section 3(c)(2) of H. Res. 5 (112th Con- contract is awarded: Provided, That for the budget for fiscal year 2010. gress) and as an emergency requirement pur- purpose of this section, supervision and ad- RESEARCH, DEVELOPMENT, TEST AND suant to section 403(a) of S. Con. Res. 13 ministration costs include all in-house Gov- EVALUATION, NAVY (111th Congress), the concurrent resolution ernment costs. on the budget for fiscal year 2010. SEC. 9004. From funds made available in For an additional amount for ‘‘Research, this title, the Secretary of Defense may pur- Development, Test and Evaluation, Navy’’, JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND chase for use by military and civilian em- $104,781,000, to remain available until Sep- ployees of the Department of Defense in Iraq (INCLUDING TRANSFER OF FUNDS) tember 30, 2012: Provided, That each amount and Afghanistan: (a) passenger motor vehi- in this paragraph is designated as being for For the ‘‘Joint Improvised Explosive De- cles up to a limit of $75,000 per vehicle; and contingency operations directly related to vice Defeat Fund’’, $2,793,768,000, to remain (b) heavy and light armored vehicles for the the global war on terrorism pursuant to sec- available until September 30, 2013: Provided, physical security of personnel or for force tion 3(c)(2) of H. Res. 5 (112th Congress) and That such funds shall be available to the protection purposes up to a limit of $250,000 as an emergency requirement pursuant to Secretary of Defense, notwithstanding any per vehicle, notwithstanding price or other section 403(a) of S. Con. Res. 13 (111th Con- other provision of law, for the purpose of al- limitations applicable to the purchase of gress), the concurrent resolution on the lowing the Director of the Joint Improvised passenger carrying vehicles. budget for fiscal year 2010. Explosive Device Defeat Organization to in- SEC. 9005. Not to exceed $500,000,000 of the RESEARCH, DEVELOPMENT, TEST AND vestigate, develop and provide equipment, amount appropriated in this title under the EVALUATION, AIR FORCE supplies, services, training, facilities, per- heading ‘‘Operation and Maintenance, For an additional amount for ‘‘Research, sonnel and funds to assist United States Army’’ may be used, notwithstanding any other provision of law, to fund the Com- Development, Test and Evaluation, Air forces in the defeat of improvised explosive mander’s Emergency Response Program Force’’, $484,382,000, to remain available until devices: Provided further, That the Secretary (CERP), for the purpose of enabling military September 30, 2012: Provided, That each of Defense may transfer funds provided here- commanders in Iraq and Afghanistan to re- amount in this paragraph is designated as in to appropriations for military personnel; spond to urgent, small scale, humanitarian being for contingency operations directly re- operation and maintenance; procurement; research, development, test and evaluation; relief and reconstruction requirements with- lated to the global war on terrorism pursu- in their areas of responsibility: Provided, ant to section 3(c)(2) of H. Res. 5 (112th Con- and defense working capital funds to accomplish the purpose provided herein: Provided That projects (including any ancillary or re- gress) and as an emergency requirement pur- lated elements in connection with such suant to section 403(a) of S. Con. Res. 13 further, That this transfer authority is in addition to any other transfer authority avail- project) executed under this authority shall (111th Congress), the concurrent resolution not exceed $20,000,000: Provided further, That on the budget for fiscal year 2010. able to the Department of Defense: Provided further, That the Secretary of Defense shall, not later than 45 days after the end of each RESEARCH, DEVELOPMENT, TEST AND not fewer than 15 days prior to making fiscal year quarter, the Secretary of Defense EVALUATION, DEFENSE-WIDE transfers from this appropriation, notify the shall submit to the congressional defense committees a report regarding the source of For an additional amount for ‘‘Research, congressional defense committees in writing funds and the allocation and use of funds Development, Test and Evaluation, Defense- of the details of any such transfer: Provided during that quarter that were made avail- Wide’’, $222,616,000, to remain available until further, That each amount in this paragraph able pursuant to the authority provided in September 30, 2012: Provided, That each is designated as being for contingency oper- this section or under any other provision of amount in this paragraph is designated as ations directly related to the global war on law for the purposes described herein: Pro- being for contingency operations directly re- terrorism pursuant to section 3(c)(2) of H. lated to the global war on terrorism pursu- vided further, That, not later than 30 days Res. 5 (112th Congress) and as an emergency after the end of each month, the Army shall ant to section 3(c)(2) of H. Res. 5 (112th Con- requirement pursuant to section 403(a) of S. gress) and as an emergency requirement pur- submit to the congressional defense commit- Con. Res. 13 (111th Congress), the concurrent tees monthly commitment, obligation, and suant to section 403(a) of S. Con. Res. 13 resolution on the budget for fiscal year 2010. (111th Congress), the concurrent resolution expenditure data for the Commander’s Emer- OFFICE OF THE INSPECTOR GENERAL gency Response Program in Iraq and Afghan- on the budget for fiscal year 2010. For an additional amount for the ‘‘Office of istan: Provided further, That not less than 15 REVOLVING AND MANAGEMENT FUNDS the Inspector General’’, $10,529,000: Provided, days before making funds available pursuant DEFENSE WORKING CAPITAL FUNDS That each amount in this paragraph is des- to the authority provided in this section or For an additional amount for ‘‘Defense ignated as being for contingency operations under any other provision of law for the pur- Working Capital Funds’’, $485,384,000: Pro- directly related to the global war on ter- poses described herein for a project with a vided, That each amount in this paragraph is rorism pursuant to section 3(c)(2) of H. Res. total anticipated cost for completion of designated as being for contingency oper- 5 (112th Congress) and as an emergency re- $5,000,000 or more, the Secretary shall submit ations directly related to the global war on quirement pursuant to section 403(a) of S. to the congressional defense committees a terrorism pursuant to section 3(c)(2) of H. Con. Res. 13 (111th Congress), the concurrent written notice containing each of the fol- Res. 5 (112th Congress) and as an emergency resolution on the budget for fiscal year 2010. lowing: requirement pursuant to section 403(a) of S. GENERAL PROVISIONS—THIS TITLE (1) The location, nature and purpose of the proposed project, including how the project Con. Res. 13 (111th Congress), the concurrent SEC. 9001. Notwithstanding any other pro- resolution on the budget for fiscal year 2010. is intended to advance the military cam- vision of law, funds made available in this paign plan for the country in which it is to OTHER DEPARTMENT OF DEFENSE title are in addition to amounts appropriated be carried out. PROGRAMS or otherwise made available for the Depart- (2) The budget, implementation timeline DEFENSE HEALTH PROGRAM ment of Defense for fiscal year 2011. with milestones, and completion date for the For an additional amount for ‘‘Defense (INCLUDING TRANSFER OF FUNDS) proposed project, including any other CERP Health Program’’, $1,422,092,000, of which SEC. 9002. Upon the determination of the funding that has been or is anticipated to be $1,398,092,000 shall be for operation and main- Secretary of Defense that such action is nec- contributed to the completion of the project. tenance, to remain available until Sep- essary in the national interest, the Sec- (3) A plan for the sustainment of the pro- tember 30, 2011, and of which $24,000,000 shall retary may, with the approval of the Office posed project, including the agreement with be for research, development, test and eval- of Management and Budget, transfer up to either the host nation, a non-Department of uation, to remain available until September $4,000,000,000 between the appropriations or Defense agency of the United States Govern- 30, 2012: Provided, That each amount in this funds made available to the Department of ment or a third party contributor to finance paragraph is designated as being for contin- Defense in this title: Provided, That the Sec- the sustainment of the activities and main- gency operations directly related to the retary shall notify the Congress promptly of tenance of any equipment or facilities to be global war on terrorism pursuant to section each transfer made pursuant to the author- provided through the proposed project.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1164 CONGRESSIONAL RECORD — SENATE March 2, 2011 SEC. 9006. Funds available to the Depart- SEC. 9010. Funds made available in this United States Code, to provide for pat- ment of Defense for operation and mainte- title to the Department of Defense for oper- ent reform; which was ordered to lie on nance may be used, notwithstanding any ation and maintenance may be used to pur- the table; as follows: other provision of law, to provide supplies, chase items having an investment unit cost services, transportation, including airlift of not more than $250,000: Provided, That, On page 21, between lines 2 and 3, insert and sealift, and other logistical support to upon determination by the Secretary of De- the following: coalition forces supporting military and sta- fense that such action is necessary to meet (4) AUTHORIZATION OF APPROPRIATIONS.— bility operations in Iraq and Afghanistan: the operational requirements of a Com- There is authorized to be appropriated Provided, That the Secretary of Defense shall mander of a Combatant Command engaged $200,000 to carry out this subsection. provide quarterly reports to the congres- in contingency operations overseas, such sional defense committees regarding support funds may be used to purchase items having Ms. LANDRIEU (for herself provided under this section. an investment item unit cost of not more SA 137. SEC. 9007. None of the funds appropriated than $500,000. and Mr. CARDIN) submitted an amend- or otherwise made available by this or any ment intended to be proposed to (INCLUDING TRANSFER OF FUNDS) other Act shall be obligated or expended by amendment SA 117 proposed by Mr. the United States Government for a purpose SEC. 9011. Of the funds appropriated by this BENNET (for himself and Mr. UDALL of as follows: Act for the Office of the Director of National (1) To establish any military installation Intelligence, $3,375,000 is available, as speci- Colorado) to the bill S. 23, to amend or base for the purpose of providing for the fied in the classified annex, for transfer to title 35, United States Code, to provide permanent stationing of United States other departments and agencies of the Fed- for patent reform; which was ordered Armed Forces in Iraq. eral Government. to lie on the table; as follows: (2) To exercise United States control over SEC. 9012. (a) The Task Force for Business any oil resource of Iraq. and Stability Operations in Afghanistan On page 2, between lines 19 and 20, insert (3) To establish any military installation may, subject to the direction and control of the following: or base for the purpose of providing for the the Secretary of Defense and with the con- (3) consider whether the potential locale permanent stationing of United States currence of the Secretary of State, carry out for the satellite office is in a rural area (as Armed Forces in Afghanistan. projects in fiscal year 2011 to assist the com- defined in section 343(a) of the Consolidated SEC. 9008. None of the funds made available mander of the United States Central Com- Farm and Rural Development Act (7 U.S.C. in this Act may be used in contravention of mand in developing a link between United 1991(a))); and the following laws enacted or regulations States military operations in Afghanistan (4) consider whether the potential locale promulgated to implement the United Na- under Operation Enduring Freedom and the for the satellite office would provide service tions Convention Against Torture and Other economic elements of United States national to an underserved portion of potential patent Cruel, Inhuman or Degrading Treatment or power in order to reduce violence, enhance applicants, such as an area with a high con- Punishment (done at New York on December stability, and restore economic normalcy in centration of minority-owned businesses, 10, 1984): Afghanistan through strategic business and women-owned businesses, or small business (1) Section 2340A of title 18, United States economic opportunities. concerns (as defined under section 3 of the Code. (b) The projects carried out under para- Small Business Act (15 U.S.C. 632)). (2) Section 2242 of the Foreign Affairs Re- graph (a) may include projects that facili- form and Restructuring Act of 1998 (division tate private investment, industrial develop- SA 138. Mr. BROWN of Ohio (for him- G of Public Law 105–277; 112 Stat. 2681–822; 8 ment, banking and financial system develop- self and Mr. COONS) submitted an U.S.C. 1231 note) and regulations prescribed ment, agricultural diversification and revi- thereto, including regulations under part 208 talization, and energy development in and amendment intended to be proposed by of title 8, Code of Federal Regulations, and with respect to Afghanistan. him to S. 23, to amend title 35, United part 95 of title 22, Code of Federal Regula- (c) The Secretary may use up to $150,000,000 States Code, to provide for patent re- tions. of the funds available for overseas contin- form; which was ordered to lie on the (3) Sections 1002 and 1003 of the Depart- gency operations in ‘‘Operation and Mainte- table; as follows: ment of Defense, Emergency Supplemental nance, Army’’ for additional activities to Appropriations to Address Hurricanes in the carry out projects under paragraph (a). At the end of the bill, insert the following: Gulf of Mexico, and Pandemic Influenza Act, SEC. 9013. (a) Not more than 85 percent of SEC. 19. GAO STUDY ON JOB CREATION. 2006 (Public Law 109–148). the funds provided in this title for Operation Not later than 2 years after the date of en- SEC. 9009. (a) The Secretary of Defense and Maintenance may be available for obli- actment of this Act, the Comptroller General shall submit to the congressional defense gation or expenditure until the date on of the United States shall examine the ef- committees not later than 45 days after the which the Secretary of Defense submits the fects of patent rights on job creation and end of each fiscal quarter a report on the report under subsection (b). proposed use of all funds appropriated by (b) Not later than 120 days after the date of savings in the United States’ manufacturing this or any prior Act under each of the head- the enactment of this Act, the Secretary of sector, including patents granted to inven- ings Iraq Security Forces Fund, Afghanistan Defense shall submit to the congressional de- tions arising out of government-supported Security Forces Fund, Afghanistan Infra- fense committees a report on contractor em- research. structure Fund, and Pakistan Counterinsur- ployees in the United States Central Com- gency Fund on a project-by-project basis, for mand, including— which the obligation of funds is anticipated SA 139. Mrs. MCCASKILL submitted (1) the number of employees of a con- during the 3-month period from such date, an amendment intended to be proposed including estimates for the accounts referred tractor awarded a contract by the Depart- by her to the bill S. 23, to amend title ment of Defense (including subcontractor to in this section of the costs required to 35, United States Code, to provide for complete each such project. employees) who are employed at the time of the report in the area of operations of the patent reform; which was ordered to lie (b) The report required by this subsection on the table; as follows: shall include the following: United States Central Command, including a (1) The use of all funds on a project-by- list of the number of such employees in each On page 17, line 15, strike ‘‘to all cases’’ project basis for which funds appropriated of Iraq, Afghanistan, and all other areas of and all that follows through ‘‘on or after’’ on under the headings referred to in subsection operations of the United States Central Com- line 16, and insert the following: ‘‘to cases (a) were obligated prior to the submission of mand; and commenced after’’. the report, including estimates for the ac- (2) for each fiscal year quarter beginning counts referred to in subsection (a) of the on the date of the report and ending on Sep- costs to complete each project. tember 30, 2012— SA 140. Mrs. BOXER (for herself and (2) The use of all funds on a project-by- (A) the number of such employees planned Mr. UDALL of Colorado) submitted an project basis for which funds were appro- by the Secretary to be employed during each amendment intended to be proposed by priated under the headings referred to in such period in each of Iraq, Afghanistan, and her to the bill S. 23, to amend title 35, subsection (a) in prior appropriations Acts, all other areas of operations of the United United States Code, to provide for pat- or for which funds were made available by States Central Command; and ent reform; which was ordered to lie on (B) an explanation of how the number of transfer, reprogramming, or allocation from the table; as follows: other headings in prior appropriations Acts, such employees listed under subparagraph including estimates for the accounts referred (A) relates to the planned number of mili- On page 42, line 19, strike ‘‘more than 6’’ to in subsection (a) of the costs to complete tary personnel in such locations. and all that follows through the period on each project. This division may be cited as the ‘‘Depart- line 22, and insert the following: ‘‘either (3) An estimated total cost to train and ment of Defense Appropriations Act, 2011’’. after the period for discovery to be com- equip the Iraq, Afghanistan, and Pakistan pleted in a patent infringement action has security forces, disaggregated by major pro- SA 136. Ms. LANDRIEU submitted an ended or after the date set for filing of sum- gram and sub-elements by force, arrayed by amendment intended to be proposed by mary judgement actions in a patent infringe- fiscal year. her to the bill S. 23, to amend title 35, ment action, whichever comes first.’’.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1165 AUTHORITY FOR COMMITTEES TO ernmental Affairs be authorized to to executive session to consider the fol- MEET meet during the session of the Senate lowing nominations: Calendar Nos. 13, COMMITTEE ON COMMERCE, SCIENCE, AND on March 2, 2011, at 10 a.m. to conduct 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, TRANSPORTATION a hearing entitled ‘‘Eliminating the 26, 27, 28, 29, and 30 and all nominations Mr. DURBIN. Mr. President, I ask Bottlenecks: Streamlining the Nomi- placed on the Secretary’s desk in the unanimous consent that the Com- nation Process.’’ Air Force, Army, Foreign Service, Ma- mittee on Commerce, Science, and The PRESIDING OFFICER. Without rine Corps, Navy, and Public Health Transportation be authorized to meet objection, it is so ordered. Service; that the nominations be con- during the session of the Senate on COMMITTEE ON THE JUDICIARY firmed en bloc, and the motions to re- March 2, 2011, at 10 a.m. in room 253 of Mr. DURBIN. Mr. President, I ask consider be considered made and laid the Russell Senate Office Building. unanimous consent that the Com- upon the table, with no intervening ac- The PRESIDING OFFICER. Without mittee on the Judiciary be authorized tion or debate; that no further motions objection, it is so ordered. to meet during the session of the Sen- be in order to any of the nominations; COMMITTEE ON ENERGY AND NATURAL ate on March 2, 2011, at 10 a.m. in room that any statements related to the RESOURCES SD–226 of the Dirksen Office Building, nominations be printed in the RECORD; Mr. DURBIN. Mr. President, I ask to conduct a hearing entitled ‘‘Helping that President Obama be immediately unanimous consent that the Com- Law Enforcement Find Missing Chil- notified of the Senate’s action, and the mittee on Energy and Natural Re- dren.’’ Senate then resume legislative session. sources be authorized to meet during The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the session of the Senate on March 2, objection, it is so ordered. objection, it is so ordered. The nominations considered and con- 2011, at 10 a.m., in room 366 of the Dirk- COMMITTEE ON THE JUDICIARY firmed en bloc are as follows: sen Senate Office Building. Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Com- IN THE AIR FORCE objection, it is so ordered. mittee on the Judiciary be authorized The following named officer for appointment in the United States Air Force to the COMMITTEE ON ENVIRONMENT AND PUBLIC to meet during the session of the Sen- grade indicated while assigned to a position WORKS ate on March 2, 2011, at 2:45 p.m. in of importance and responsibility under title Mr. DURBIN. Mr. President, I ask room SD–226 of the Dirksen Office 10, U.S.C., section 601: unanimous consent that the Com- Building, to conduct a hearing entitled To be lieutenant general mittee on Environment and Public ‘‘Judicial Nominations.’’ Lt. Gen. Eric E. Fiel Works be authorized to meet during The PRESIDING OFFICER. Without the session of the Senate on Wednes- The following named officer for appoint- objection, it is so ordered. ment in the United States Air Force to the day, March 2, 2011, at 2:30 p.m. in SD– COMMITTEE ON VETERANS AFFAIRS grade indicated under title 10, U.S.C., section 406. Mr. DURBIN. Mr. President, I ask 624: The PRESIDING OFFICER. Without unanimous consent that the Com- To be brigadier general objection, it is so ordered. mittee on Veterans Affairs be author- Col. Howard D. Stendahl COMMITTEE ON FINANCE ized to meet during the session of the The following named officer for appoint- Mr. DURBIN. Mr. President, I ask Senate on March 2, 2011. The Com- ment in the United States Air Force to the unanimous consent that the Com- mittee will meet in room 418 of the grade indicated while assigned to a position mittee on Finance be authorized to Russell Senate Office Building begin- of importance and responsibility under title meet during the session of the Senate ning at 10:30 a.m. 10, U.S.C. section 601: on March 2, 2011, at 10 a.m., in 215 Dirk- The PRESIDING OFFICER. Without To be lieutenant general sen Senate Office Building, to conduct objection, it is so ordered. Maj. Gen. Ellen M. Pawlikowski a hearing entitled ‘‘Preventing Health SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- The following named officer for appoint- Care Fraud: New Tools and Approaches AGEMENT, GOVERNMENT INFORMATION, FED- ment in the United States Air Force to the to Combat Old Challenges.’’ ERAL SERVICES, AND INTERNATIONAL SECU- grade indicated while assigned to a position The PRESIDING OFFICER. Without RITY of importance and responsibility under title objection, it is so ordered. Mr. DURBIN. Mr. President, I ask 10, U.S.C., section 601: To be lieutenant general COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask mittee on Homeland Security and Gov- Maj. Gen. Michael J. Basla unanimous consent that the Com- ernmental Affairs’ Subcommittee on IN THE ARMY mittee on Foreign Relations be author- Federal Financial Management, Gov- The following named officer for appoint- ized to meet during the session of the ernment Information, Federal Serv- ment in the United States Army to the grade Senate on March 2, 2011, at 9:30 a.m., to ices, and International Security be au- indicated while assigned to a position of im- hold a hearing entitled, ‘‘National Se- thorized to meet during the session of portance and responsibility under title 10, U.S.C., section 601: curity & Foreign Policy Priorities in the Senate on March 2, 2011, at 2:30 To be lieutenant general the FY 2012 International Affairs Budg- p.m. to conduct a hearing entitled, et.’’ ‘‘Preventing Abuse of the Military’s Lt. Gen. Dennis L. Via The PRESIDING OFFICER. Without Tuition Assistance Program.’’ The following named officer for appoint- objection, it is so ordered. The PRESIDING OFFICER. Without ment in the United States Army to the grade indicated while assigned to a position of im- COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. portance and responsibility under title 10, AND PENSIONS SPECIAL COMMITTEE ON AGING U.S.C., section 601: Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask To be lieutenant general unanimous consent that the Com- unanimous consent that the Special Lt. Gen. Mark P. Hertling mittee on Health, Education, Labor, Committee on Aging be authorized to The following named officer for appoint- and Pensions be authorized to meet, meet during the session of the Senate ment in the United States Army to the grade during the session of the Senate, to on March 2, 2011, from 2–5 p.m. in Dirk- indicated while assigned to a position of im- conduct a hearing entitled ‘‘Improving sen 106. portance and responsibility under title 10, Employment Opportunities for People The PRESIDING OFFICER. Without U.S.C., section 601: with Intellectual Disabilities’’ on objection, it is so ordered. To be lieutenant general March 2, 2011, at 10 a.m. f Maj. Gen. Susan S. Lawrence The PRESIDING OFFICER. Without The following named officer for appoint- objection, it is so ordered. EXECUTIVE SESSION ment in the United States Army to the grade COMMITTEE ON HOMELAND SECURITY AND indicated while assigned to a position of im- GOVERNMENTAL AFFAIRS portance and responsibility under title 10, Mr. DURBIN. Mr. President, I ask EXECUTIVE CALENDAR U.S.C., section 601: unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- To be lieutenant general mittee on Homeland Security and Gov- imous consent that the Senate proceed Maj. Gen. John M. Bednarek

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1166 CONGRESSIONAL RECORD — SENATE March 2, 2011 The following named officer for appoint- ing CATHERINE A. HALLETT, which nomi- ceived by the Senate and appeared in the ment in the United States Army to the grade nations were received by the Senate and ap- Congressional Record of January 26, 2011. indicated while assigned to a position of im- peared in the Congressional Record of Feb- PN174 ARMY nomination of Sebastian A. portance and responsibility under title 10, ruary 2, 2011. Edwards, which was received by the Senate U.S.C., section 601: PN172 AIR FORCE nominations (6) begin- and appeared in the Congressional Record of To be lieutenant general ning DAVID M. CRAWFORD, and ending February 2, 2011. Maj. Gen. Francis J. Wiercinski JAMES H. WALSH, which nominations were PN175 ARMY nomination of Gregory R. received by the Senate and appeared in the Ebner, which was received by the Senate and The following Army National Guard of the Congressional Record of February 2, 2011. appeared in the Congressional Record of Feb- United States officer for appointment in the PN173 AIR FORCE nominations (175) begin- ruary 2, 2011. Reserve of the Army to the grade indicated PN176 ARMY nominations (10) beginning under title 10, U.S.C., sections 12203 and ning RICHARD T. ALDRIDGE, and ending CURTIS O. BOHLMAN, JR., and ending ROB- 12211: VICKY J. ZIMMERMAN, which nominations were received by the Senate and appeared in ERT C. SMOTHERS, which nominations To be major general the Congressional Record of February 2, 2011. were received by the Senate and appeared in Brig. Gen. Renaldo Rivera PN216 AIR FORCE nominations (3) begin- the Congressional Record of February 2, 2011. The following named officer for appoint- ning STEPHEN L. BUSE, and ending AN- PN227 ARMY nomination of Edward J. ment in the Reserve of the Army to the GELA P. PETTIS, which nominations were Benz III, which was received by the Senate grade indicated under title 10, U.S.C., section received by the Senate and appeared in the and appeared in the Congressional Record of 12203: Congressional Record of February 3, 2011. February 3, 2011. To be major general PN217 AIR FORCE nominations (3) begin- PN228 ARMY nomination of Charles E. Lynde, which was received by the Senate and Brig. Gen. William M. Buckler, Jr. ning THOMAS J. COLLINS, and ending LINDA A. STOKESCROWE, which nomina- appeared in the Congressional Record of Feb- The following named officer for appoint- ruary 3, 2011. ment in the Reserve of the Army to the tions were received by the Senate and appeared in the Congressional Record of Feb- PN229 ARMY nominations (4) beginning grade indicated under title 10, U.S.C., section OZREN T. BUNTAK, and ending RUTH NEL- 12203: ruary 3, 2011. PN218 AIR FORCE nominations (4) begin- SON, which nominations were received by To be major general ning PHILLIP M. ARMSTRONG, and ending the Senate and appeared in the Congres- Brig. Gen. Mark J. MacCarley RICHARD E. SPEARMAN, JR., which nomi- sional Record of February 3, 2011. The following named officer for appoint- nations were received by the Senate and ap- PN230 ARMY nominations (3) beginning ment in the Reserve of the Army to the peared in the Congressional Record of Feb- MARCIA A. BRIMM, and ending HEATHER grade indicated under title 10, U.S.C., section ruary 3, 2011. V. SOUTHBY, which nominations were re- 12203: PN219 AIR FORCE nominations (5) begin- ceived by the Senate and appeared in the To be brigadier general ning LLOYD H. ANSETH, and ending KARL Congressional Record of February 3, 2011. PN231 ARMY nominations (3) beginning Col. Arlen R. Royalty B. ROSS, which nominations were received DUSTIN C. FRAZIER, and ending JAN I. The following named officer for appoint- by the Senate and appeared in the Congres- sional Record of February 3, 2011. MABY, which nominations were received by ment in the United States Army to the grade the Senate and appeared in the Congres- indicated while assigned to a position of im- PN220 AIR FORCE nominations (7) beginning KATHLEEN M. FLARITY, and ending sional Record of February 3, 2011. portance and responsibility under title 10, PN232 ARMY nominations (8) beginning U.S.C., section 601: JENNETTE L. ZMAEFF, which nominations were received by the Senate and appeared in ROBERT L. BIERENGA, and ending To be lieutenant general the Congressional Record of February 3, 2011. JOHNNIE M. TOBY, which nominations were Maj. Gen. Rhett A. Hernandez PN221 AIR FORCE nominations (7) begin- received by the Senate and appeared in the The following Army National Guard of the ning MELINA T. DOAN, and ending FELIPE Congressional Record of February 3, 2011. United States officer for appointment in the D. VILLENA, JR., which nominations were PN233 ARMY nominations (12) beginning Reserve of the Army to the grade indicated received by the Senate and appeared in the DON A. CAMPBELL, and ending KEVIN T. under title 10, U.S.C., sections 12203 and Congressional Record of February 3, 2011. WILKINSON, which nominations were re- 12211: PN223 AIR FORCE nominations (12) begin- ceived by the Senate and appeared in the To be brigadier general ning VILLA L. GUILLORY, and ending Congressional Record of February 3, 2011. Col. Johnny M. Sellers DANNY K. WONG, which nominations were IN THE FOREIGN SERVICE received by the Senate and appeared in the The following Army National Guard of the PN159 FOREIGN SERVICE nominations United States officer for appointment in the Congressional Record of February 3, 2011. (103) beginning Irene Arino de la Rubia, and Reserve of the Army to the grade indicated PN224 AIR FORCE nominations (14) begin- ending Robert Joseph Faucher, which nomi- under title 10, U.S.C., sections 12203 and ning ALFRED P. BOWLES II, and ending nations were received by the Senate and ap- 12211: HERMINIGILDO V. VALLE, which nomina- peared in the Congressional Record of Feb- tions were received by the Senate and ap- ruary 2, 2011. To be brigadier general peared in the Congressional Record of Feb- IN THE MARINE CORPS Col. Janson D. Boyles ruary 3, 2011. The following named officer for appoint- PN225 AIR FORCE nominations (49) begin- PN178 MARINE CORPS nomination of ment in the United States Army to the grade ning BRIAN F. AGEE, and ending ANITA JO Timothy E. Lemaster, which was received by indicated while assigned to a position of im- ANNE WINKLER, which nominations were the Senate and appeared in the Congres- portance and responsibility under title 10, received by the Senate and appeared in the sional Record of February 2, 2011. U.S.C., section 601: Congressional Record of February 3, 2011. PN180 MARINE CORPS nominations (2) beginning DAX HAMMERS, and ending DAVID To be lieutenant general PN226 AIR FORCE nominations (100) begin- STEVENS, which nominations were received Maj. Gen. Vincent K. Brooks ning EARL R. ALAMEIDA, JR., and ending DANIEL S. YENCHESKY, which nomina- by the Senate and appeared in the Congres- IN THE MARINE CORPS tions were received by the Senate and ap- sional Record of February 2, 2011. PN181 MARINE CORPS nominations (2) be- The following named officers for appoint- peared in the Congressional Record of Feb- ginning RICHARD MARTINEZ, and ending ment in the United States Marine Corps to ruary 3, 2011. JAMES P. STOCKWELL, which nominations the grade indicated under title 10, U.S.C., PN242 AIR FORCE nominations (7) begin- were received by the Senate and appeared in section 624: ning STEVEN L. ARGIRIOU, and ending the Congressional Record of February 2, 2011. To be major general ADAM E. TOREM, which nominations were PN182 MARINE CORPS nominations (4) be- Brigadier General Juan G. Ayala received by the Senate and appeared in the ginning WILLIAM FRAZIER, JR., and end- Brigadier General David H. Berger Congressional Record of February 3, 2011. ing MICHAEL A. NOLAN, which nomina- Brigadier General William D. Beydler PN243 AIR FORCE nominations (2) begin- tions were received by the Senate and ap- Brigadier General Mark A. Brilakis ning RICHARD C. ALES, and ending DEREK peared in the Congressional Record of Feb- Brigadier General Mark A. Clark C. UNDERHILL, which nominations were re- ruary 2, 2011. Brigadier General Charles L. Hudson ceived by the Senate and appeared in the PN183 MARINE CORPS nominations (4) be- Brigadier General Thomas M. Murray Congressional Record of February 3, 2011. ginning DOUGLAS R. CUNNINGHAM, and Brigadier General Lawrence D. Nicholson IN THE ARMY ending DARREN R. JESTER, which nomina- Brigadier General Andrew W. O’Donnell, Jr. PN150 ARMY nominations (8) beginning tions were received by the Senate and ap- Brigadier General Robert R. Ruark MARC T. ARELLANO, and ending HOWARD peared in the Congressional Record of Feb- Brigadier General Glenn M. Walters E. WHEELER, which nominations were re- ruary 2, 2011. NOMINATIONS PLACED ON THE SECRETARY’S ceived by the Senate and appeared in the PN184 MARINE CORPS nominations (4) be- DESK Congressional Record of January 26, 2011. ginning JAMES E. HARDY, JR., and ending IN THE AIR FORCE PN151 ARMY nominations (6) beginning JAMES C. ROSE, which nominations were PN171 AIR FORCE nominations (3) begin- GREGREY C. BACON, and ending DONNIE J. received by the Senate and appeared in the ning ERWIN RADER BENDER, JR., and end- QUINTANA, which nominations were re- Congressional Record of February 2, 2011.

VerDate Mar 15 2010 00:27 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S02MR1.REC S02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — SENATE S1167 PN185 MARINE CORPS nominations (5) be- were received by the Senate and appeared in PROGRAM ginning CONRAD G. ALSTON, and ending the Congressional Record of February 2, 2011. Mr. REID. Mr. President, Senators LEWIS E. SHEMERY, III, which nomina- PN204 NAVY nominations (30) beginning tions were received by the Senate and ap- DAVID Q. BAUGHIER, and ending JOHN C. should expect rollcall votes in relation peared in the Congressional Record of Feb- WIEDMANN, III, which nominations were re- to amendments to the America Invents ruary 2, 2011. ceived by the Senate and appeared in the Act to occur throughout the day to- PN186 MARINE CORPS nominations (5) be- Congressional Record of February 2, 2011. morrow. ginning DAVID M. ADAMS, and ending MI- PN238 NAVY nomination of Jeffrey K. f CHAEL C. ROGERS, which nominations Hayhurst, which was received by the Senate were received by the Senate and appeared in and appeared in the Congressional Record of ADJOURNMENT UNTIL 10 A.M. the Congressional Record of February 2, 2011. February 3, 2011. TOMORROW PN187 MARINE CORPS nominations (6) be- PN239 NAVY nomination of Steven D. Mr. REID. Mr. President, if there is ginning STEFAN R. BROWNING, and ending Elias, which was received by the Senate and no further business to come before the STEVE R. TRASK, which nominations were appeared in the Congressional Record of Feb- Senate, I ask unanimous consent that received by the Senate and appeared in the ruary 3, 2011. Congressional Record of February 2, 2011. PN241 NAVY nominations (2) beginning the Senate stand in adjournment under PN188 MARINE CORPS nominations (7) be- Amy R. Gavril, and ending GRANT A. KIDD, the previous order. ginning JOEL T. CARPENTER, and ending which nominations were received by the Sen- There being no objection, the Senate, RANDAL J. PARKAN, which nominations ate and appeared in the Congressional at 6:45 p.m., adjourned until Thursday, were received by the Senate and appeared in Record of February 3, 2011. March 3, 2011, at 10 a.m. the Congressional Record of February 2, 2011. PUBLIC HEALTH SERVICE f PN189 MARINE CORPS nomination of Roger N. Rudd, which was received by the PN162 PUBLIC HEALTH SERVICE nomi- NOMINATIONS Senate and appeared in the Congressional nations (232) beginning Eric P. Goosby, and ending Jeffrey L. Sumter, which nomina- Executive nominations received by Record of February 2, 2011. the Senate: PN190 MARINE CORPS nomination of tions were received by the Senate and ap- RAILROAD RETIREMENT BOARD Lowell W. Schweickart, Jr., which was re- peared in the Congressional Record of Feb- ceived by the Senate and appeared in the ruary 2, 2011. WALTER A. BARROWS, OF VIRGINIA, TO BE A MEMBER OF THE RAILROAD RETIREMENT BOARD FOR A TERM EX- Congressional Record of February 2, 2011. f PIRING AUGUST 28, 2014, VICE VIRGIL M. SPEAKMAN, JR., PN191 MARINE CORPS nomination of RESIGNED. Katrina Gaskill, which was received by the LEGISLATIVE SESSION THE JUDICIARY Senate and appeared in the Congressional NANNETTE JOLIVETTE BROWN, OF LOUISIANA, TO BE Record of February 2, 2011. The PRESIDING OFFICER. Under UNITED STATES DISTRICT JUDGE FOR THE EASTERN PN193 MARINE CORPS nominations (2) be- the previous order, the Senate will re- DISTRICT OF LOUISIANA, VICE STANWOOD R. DUVAL, JR., ginning SEAN J. COLLINS, and ending RETIRED. turn to legislative session. WILMA ANTOINETTE LEWIS, OF THE DISTRICT OF CO- JOHN L. MYRKA, which nominations were LUMBIA, TO BE JUDGE FOR THE DISTRICT COURT OF THE received by the Senate and appeared in the f VIRGIN ISLANDS FOR A TERM OF TEN YEARS, VICE RAY- Congressional Record of February 2, 2011. MOND L. FINCH, RETIRED. NANCY TORRESEN, OF MAINE, TO BE UNITED STATES PN195 MARINE CORPS nominations (3) be- APPOINTMENT DISTRICT JUDGE FOR THE DISTRICT OF MAINE, VICE D. ginning WILLIAM H. BARLOW, and ending The PRESIDING OFFICER. The BROCK HORNBY, RETIRED. DANNY R. MORALES, which nominations Chair, on behalf of the Vice President, DEPARTMENT OF JUSTICE were received by the Senate and appeared in S. AMANDA MARSHALL, OF OREGON, TO BE UNITED the Congressional Record of February 2, 2011. pursuant to 22 U.S.C. 276d–276g, as STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR PN197 MARINE CORPS nomination of amended, appoints the following Sen- THE TERM OF FOUR YEARS, VICE KARIN J. IMMERGUT, TERM EXPIRED. James H. Glass, which was received by the ator as Chairman of the Senate Delega- THOMAS GRAY WALKER, OF NORTH CAROLINA, TO BE Senate and appeared in the Congressional tion to the Canada-U.S. Inter- UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT Record of February 2, 2011. parliamentary Group conference during OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, PN206 MARINE CORPS nominations (3) be- VICE GEORGE E. B. HOLDING. the 112th Congress: the Honorable AMY FELICIA C. ADAMS, OF MISSISSIPPI, TO BE UNITED ginning TIMOTHY M. CALLAHAN, and end- KLOBUCHAR of Minnesota. STATES ATTORNEY FOR THE NORTHERN DISTRICT OF ing JAMES N. SHELSTAD, which nomina- MISSISSIPPI FOR THE TERM OF FOUR YEARS, VICE JAMES MING GREENLEE, TERM EXPIRED. tions were received by the Senate and ap- f CLAYTON D. JOHNSON, OF OKLAHOMA, TO BE UNITED peared in the Congressional Record of Feb- STATES MARSHAL FOR THE NORTHERN DISTRICT OF ruary 2, 2011. ORDERS FOR THURSDAY, MARCH OKLAHOMA FOR THE TERM OF FOUR YEARS, VICE TIM- PN234 MARINE CORPS nominations (7) be- OTHY DEWAYNE WELCH, TERM EXPIRED. 3, 2011 ALFRED COOPER LOMAX, OF MISSOURI, TO BE UNITED ginning ERNEST L. ACKISS, III, and ending STATES MARSHAL FOR THE WESTERN DISTRICT OF MIS- THEODORE SILVESTER, III, which nomina- Mr. REID. Mr. President, I ask unan- SOURI FOR THE TERM OF FOUR YEARS, VICE CHARLES M. tions were received by the Senate and ap- SHEER, TERM EXPIRED. imous consent that when the Senate CHARLES F. SALINA, OF NEW YORK, TO BE UNITED peared in the Congressional Record of Feb- completes its business today, it ad- STATES MARSHAL FOR THE WESTERN DISTRICT OF NEW ruary 3, 2011. YORK FOR THE TERM OF FOUR YEARS, VICE PETER A. journ until 10 a.m. tomorrow, Thurs- LAWRENCE, TERM EXPIRED. PN235 MARINE CORPS nominations (74) day, March 3; that following the prayer beginning PHILIP Q. APPLEGATE, and end- STATE JUSTICE INSTITUTE and pledge, the Journal of proceedings ing JAMES D. WILMOTT, which nomina- DAVID V. BREWER, OF OREGON, TO BE A MEMBER OF tions were received by the Senate and ap- be approved to date, the morning hour THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- be deemed expired, the time for the two STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2013, peared in the Congressional Record of Feb- VICE FLORENCE K. MURRAY, TERM EXPIRED. ruary 3, 2011. leaders be reserved for their use later NATIONAL OCEANIC AND ATMOSPHERIC IN THE NAVY in the day; that following any leader ADMINISTRATION remarks there be a period of morning PN153 NAVY nominations (2) beginning SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE John G. Brown, and ending William A. Mix, business until 11 a.m., with Senators FOLLOWING FOR PERMANENT APPOINTMENT TO THE which nominations were received by the Sen- permitted to speak for up to 10 minutes GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- MOSPHERIC ADMINISTRATION. ate and appeared in the Congressional each, with the time equally divided and To be ensign Record of January 26, 2011. controlled between the two leaders or PN198 NAVY nomination of Richelle L. their designees, with the Republicans BRIAN J. ADORNATO Kay, which was received by the Senate and SCOTT E. BROO controlling the first half and the ma- BART O. BUESSELER appeared in the Congressional Record of Feb- MICHAEL E. DOIG ruary 2, 2011. jority controlling the final half; fur- BRIAN E. ELLIOT PN201 NAVY nominations (2) beginning ther, at 11 a.m., the Senate resume JUSTIN E. ELLIS GILLIAN L. FAUSTINE CHRIS W. CZAPLAK, and ending ANGELA consideration of S. 23, the America In- PHILIP J. O. KLAVON J. TANG, which nominations were received vents Act; finally, there be a period of DAMIAN C. MANDA by the Senate and appeared in the Congres- JESSE P. MILTON morning business from 2 to 4 p.m., with GAYLORD C. NOBLITT IV sional Record of February 2, 2011. Senators permitted to speak therein LINDSEY L. NORMAN PN202 NAVY nomination of Scott D. JENNIFER L. WEGENER for up to 10 minutes each, with the ma- ERIC G. YOUNKIN Scherer, which was received by the Senate jority controlling the first hour and and appeared in the Congressional Record of f the Republicans controlling the next February 2, 2011. CONFIRMATIONS PN203 NAVY nominations (2) beginning hour. CARLOS E. MOREYRA, and ending WIL- The PRESIDING OFFICER. Without Executive nominations confirmed by LIAM N. BRASSWELL, which nominations objection, it is so ordered. the Senate, Wednesday, March 2, 2011:

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IN THE AIR FORCE THE FOLLOWING ARMY NATIONAL GUARD OF THE AND APPEARED IN THE CONGRESSIONAL RECORD ON UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- JANUARY 26, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ARMY NOMINATIONS BEGINNING WITH GREGREY C. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BACON AND ENDING WITH DONNIE J. QUINTANA, WHICH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be brigadier general PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 26, 2011. 601: COL. JANSON D. BOYLES ARMY NOMINATION OF SEBASTIAN A. EDWARDS, TO BE To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LIEUTENANT COLONEL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED LT. GEN. ERIC E. FIEL ARMY NOMINATION OF GREGORY R. EBNER, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH CURTIS O. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BOHLMAN, JR. AND ENDING WITH ROBERT C. SMOTHERS, CATED UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be brigadier general MAJ. GEN. VINCENT K. BROOKS AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 2, 2011. COL. HOWARD D. STENDAHL IN THE MARINE CORPS ARMY NOMINATION OF EDWARD J. BENZ III, TO BE LIEUTENANT COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATION OF CHARLES E. LYNDE, TO BE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES MARINE CORPS TO THE GRADE COLONEL. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH OZREN T. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BUNTAK AND ENDING WITH RUTH NELSON, WHICH NOMI- 601: To be major general NATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general BRIGADIER GENERAL JUAN G. AYALA PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL DAVID H. BERGER 3, 2011. MAJ. GEN. ELLEN M. PAWLIKOWSKI BRIGADIER GENERAL WILLIAM D. BEYDLER ARMY NOMINATIONS BEGINNING WITH MARCIA A. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MARK A. BRILAKIS BRIMM AND ENDING WITH HEATHER V. SOUTHBY, WHICH IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL MARK A. CLARK NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIGADIER GENERAL CHARLES L. HUDSON PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BRIGADIER GENERAL THOMAS M. MURRAY 3, 2011. 601: BRIGADIER GENERAL LAWRENCE D. NICHOLSON ARMY NOMINATIONS BEGINNING WITH DUSTIN C. BRIGADIER GENERAL ANDREW W. O’DONNELL, JR. FRAZIER AND ENDING WITH JAN I. MABY, WHICH NOMI- To be lieutenant general BRIGADIER GENERAL ROBERT R. RUARK NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MAJ. GEN. MICHAEL J. BASLA BRIGADIER GENERAL GLENN M. WALTERS 3, 2011. IN THE ARMY IN THE AIR FORCE ARMY NOMINATIONS BEGINNING WITH ROBERT L. BIERENGA AND ENDING WITH JOHNNIE M. TOBY, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH ERWIN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES ARMY TO THE GRADE INDICATED RADER BENDER, JR. AND ENDING WITH CATHERINE A. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND HALLETT, WHICH NOMINATIONS WERE RECEIVED BY THE 3, 2011. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH DON A. CAMP- RECORD ON FEBRUARY 2, 2011. BELL AND ENDING WITH KEVIN T. WILKINSON, WHICH To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH DAVID M. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CRAWFORD AND ENDING WITH JAMES H. WALSH, WHICH LT. GEN. DENNIS L. VIA PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 3, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2, 2011. IN THE MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH RICHARD T. MARINE CORPS NOMINATION OF TIMOTHY E. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ALDRIDGE AND ENDING WITH VICKY J. ZIMMERMAN, LEMASTER, TO BE MAJOR. To be lieutenant general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH DAX AND APPEARED IN THE CONGRESSIONAL RECORD ON HAMMERS AND ENDING WITH DAVID STEVENS, WHICH LT. GEN. MARK P. HERTLING FEBRUARY 2, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING WITH STEPHEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY L. BUSE AND ENDING WITH ANGELA P. PETTIS, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARINE CORPS NOMINATIONS BEGINNING WITH RICH- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARD MARTINEZ AND ENDING WITH JAMES P. STOCK- 3, 2011. WELL, WHICH NOMINATIONS WERE RECEIVED BY THE To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH THOMAS J. SENATE AND APPEARED IN THE CONGRESSIONAL COLLINS AND ENDING WITH LINDA A. STOKESCROWE, MAJ. GEN. SUSAN S. LAWRENCE RECORD ON FEBRUARY 2, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH WIL- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON LIAM FRAZIER, JR. AND ENDING WITH MICHAEL A. IN THE UNITED STATES ARMY TO THE GRADE INDICATED FEBRUARY 3, 2011. NOLAN, WHICH NOMINATIONS WERE RECEIVED BY THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH PHILLIP M. SENATE AND APPEARED IN THE CONGRESSIONAL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMSTRONG AND ENDING WITH RICHARD E. SPEARMAN, RECORD ON FEBRUARY 2, 2011. To be lieutenant general JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- MARINE CORPS NOMINATIONS BEGINNING WITH DOUG- ATE AND APPEARED IN THE CONGRESSIONAL RECORD LAS R. CUNNINGHAM AND ENDING WITH DARREN R. MAJ. GEN. JOHN M. BEDNAREK ON FEBRUARY 3, 2011. JESTER, WHICH NOMINATIONS WERE RECEIVED BY THE AIR FORCE NOMINATIONS BEGINNING WITH LLOYD H. SENATE AND APPEARED IN THE CONGRESSIONAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANSETH AND ENDING WITH KARL B. ROSS, WHICH NOMI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED RECORD ON FEBRUARY 2, 2011. NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH JAMES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: E. HARDY, JR. AND ENDING WITH JAMES C. ROSE, WHICH 3, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH KATHLEEN PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY M. FLARITY AND ENDING WITH JENNETTE L. ZMAEFF, 2, 2011. MAJ. GEN. FRANCIS J. WIERCINSKI WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH THE FOLLOWING ARMY NATIONAL GUARD OF THE AND APPEARED IN THE CONGRESSIONAL RECORD ON CONRAD G. ALSTON AND ENDING WITH LEWIS E. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- FEBRUARY 3, 2011. SHEMERY III, WHICH NOMINATIONS WERE RECEIVED BY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER AIR FORCE NOMINATIONS BEGINNING WITH MELINA T. THE SENATE AND APPEARED IN THE CONGRESSIONAL TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DOAN AND ENDING WITH FELIPE D. VILLENA, JR., WHICH RECORD ON FEBRUARY 2, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general MARINE CORPS NOMINATIONS BEGINNING WITH DAVID PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY M. ADAMS AND ENDING WITH MICHAEL C. ROGERS, 3, 2011. BRIG. GEN. RENALDO RIVERA WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATIONS BEGINNING WITH VILLA L. AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GUILLORY AND ENDING WITH DANNY K. WONG, WHICH FEBRUARY 2, 2011. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH STE- CATED UNDER TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY FAN R. BROWNING AND ENDING WITH STEVE R. TRASK, To be major general 3, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATIONS BEGINNING WITH ALFRED P. AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. WILLIAM M. BUCKLER, JR. BOWLES II AND ENDING WITH HERMINIGILDO V. VALLE, FEBRUARY 2, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH JOEL IN THE RESERVE OF THE ARMY TO THE GRADE INDI- AND APPEARED IN THE CONGRESSIONAL RECORD ON T. CARPENTER AND ENDING WITH RANDAL J. PARKAN, CATED UNDER TITLE 10, U.S.C., SECTION 12203: FEBRUARY 3, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be major general AGEE AND ENDING WITH ANITA JO ANNE WINKLER, FEBRUARY 2, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIG. GEN. MARK J. MACCARLEY MARINE CORPS NOMINATION OF ROGER N. RUDD, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON LIEUTENANT COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FEBRUARY 3, 2011. MARINE CORPS NOMINATION OF LOWELL W. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH EARL R. SCHWEICKART, JR., TO BE LIEUTENANT COLONEL. CATED UNDER TITLE 10, U.S.C., SECTION 12203: ALAMEIDA, JR. AND ENDING WITH DANIEL S. MARINE CORPS NOMINATION OF KATRINA GASKILL, TO To be brigadier general YENCHESKY, WHICH NOMINATIONS WERE RECEIVED BY BE LIEUTENANT COLONEL. THE SENATE AND APPEARED IN THE CONGRESSIONAL MARINE CORPS NOMINATIONS BEGINNING WITH SEAN COL. ARLEN R. ROYALTY RECORD ON FEBRUARY 3, 2011. J. COLLINS AND ENDING WITH JOHN L. MYRKA, WHICH AIR FORCE NOMINATIONS BEGINNING WITH STEVEN L. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARGIRIOU AND ENDING WITH ADAM E. TOREM, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 2, 2011. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARINE CORPS NOMINATIONS BEGINNING WITH WIL- 3, 2011. LIAM H. BARLOW AND ENDING WITH DANNY R. MORALES, To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH RICHARD C. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ALES AND ENDING WITH DEREK C. UNDERHILL, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJ. GEN. RHETT A. HERNANDEZ NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FEBRUARY 2, 2011. THE FOLLOWING ARMY NATIONAL GUARD OF THE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MARINE CORPS NOMINATION OF JAMES H. GLASS, TO UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- 3, 2011. BE MAJOR. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE ARMY MARINE CORPS NOMINATIONS BEGINNING WITH TIM- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: OTHY M. CALLAHAN AND ENDING WITH JAMES N. To be brigadier general ARMY NOMINATIONS BEGINNING WITH MARC T. SHELSTAD, WHICH NOMINATIONS WERE RECEIVED BY ARELLANO AND ENDING WITH HOWARD E. WHEELER, THE SENATE AND APPEARED IN THE CONGRESSIONAL COL. JOHNNY M. SELLERS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RECORD ON FEBRUARY 2, 2011.

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MARINE CORPS NOMINATIONS BEGINNING WITH ER- NAVY NOMINATION OF RICHELLE L. KAY, TO BE CAP- AND APPEARED IN THE CONGRESSIONAL RECORD ON NEST L. ACKISS III AND ENDING WITH THEODORE TAIN. FEBRUARY 2, 2011. SILVESTER III, WHICH NOMINATIONS WERE RECEIVED BY NAVY NOMINATIONS BEGINNING WITH CHRIS W. NAVY NOMINATION OF JEFFREY K. HAYHURST, TO BE THE SENATE AND APPEARED IN THE CONGRESSIONAL CZAPLAK AND ENDING WITH ANGELA J. TANG, WHICH CAPTAIN. RECORD ON FEBRUARY 3, 2011 . NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF STEVEN D. ELIAS, TO BE LIEU- MARINE CORPS NOMINATIONS BEGINNING WITH PHILIP PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TENANT COMMANDER. Q. APPLEGATE AND ENDING WITH JAMES D. WILMOTT, 2, 2011. NAVY NOMINATIONS BEGINNING WITH AMY R. GAVRIL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF SCOTT D. SCHERER, TO BE LIEU- AND ENDING WITH GRANT A. KIDD, WHICH NOMINATIONS AND APPEARED IN THE CONGRESSIONAL RECORD ON TENANT COMMANDER. WERE RECEIVED BY THE SENATE AND APPEARED IN THE FEBRUARY 3, 2011. NAVY NOMINATIONS BEGINNING WITH CARLOS E. CONGRESSIONAL RECORD ON FEBRUARY 3, 2011. MOREYRA AND ENDING WITH WILLIAM N. BRASSWELL, FOREIGN SERVICE IN THE NAVY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FOREIGN SERVICE NOMINATIONS BEGINNING WITH NAVY NOMINATIONS BEGINNING WITH JOHN G. BROWN FEBRUARY 2, 2011. IRENE ARINO DE LA RUBIA AND ENDING WITH ROBERT AND ENDING WITH WILLIAM A. MIX, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH DAVID Q. JOSEPH FAUCHER, WHICH NOMINATIONS WERE RE- TIONS WERE RECEIVED BY THE SENATE AND APPEARED BAUGHIER AND ENDING WITH JOHN C. WIEDMANN III, CEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON JANUARY 26, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GRESSIONAL RECORD ON FEBRUARY 2, 2011.

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PAT KELLY tually all of America’s families in one way or sion that embodied Eugene’s selflessness, he another. She derived great fulfillment from her donated his organs, which doctors estimated HON. STENY H. HOYER role in managing and always strove to con- could save and improve the lives of numerous OF MARYLAND tribute to a satisfying work environment. For people. her dedication and her abilities she has re- For his service to country, advocacy for vet- IN THE HOUSE OF REPRESENTATIVES ceived many awards, including the Associate erans, and devotion to his family and friends, Wednesday, March 2, 2011 Commissioner’s Citation. I ask all of my colleagues in the House of Mr. HOYER. Mr. Speaker, I rise to honor Evie and her husband Mark are about to Representatives to join me in honoring Eu- Pat Kelly, one of the longest-serving employ- celebrate their 35th wedding anniversary. gene Aaron Bonacci. ees in the history of the House of Representa- They have two sons, Eric and Jarrod and twin f baby granddaughters. tives. Pat retired yesterday after more than 53 IN HONOR AND REMEMBRANCE OF I congratulate Evie Davis for her 40 years of years of outstanding public service. LINDA ROMANIK Pat comes from a family that has always public service in helping people. She has placed a high premium on public service. Her earned our thanks and praise for the good father, Edward, was a New York City Court work she has done for so many years in mak- HON. DENNIS J. KUCINICH justice; her mother, Edna, was a Member of ing our lives and the lives of those around us OF OHIO the House of Representatives. Even further better and more fulfilling. IN THE HOUSE OF REPRESENTATIVES back, Pat can trace her family’s history of f Wednesday, March 2, 2011 service to a grandfather who was appointed Mr. KUCINICH. Mr. Speaker, I rise to re- Postmaster of Brooklyn, New York, by Presi- HONORING THE LIFE OF EUGENE AARON BONACCI member Linda Romanik. She was a labor dent Woodrow Wilson. leader who was dedicated to her fellow work- In her decades in the House, Pat worked as ers, her family, and her community, and a a research assistant, a legislative assistant for HON. GARY L. ACKERMAN former member of my Congressional Staff. I three Members of Congress and the House OF NEW YORK am saddened to report that Linda passed Rules Committee, and the Editor of the House IN THE HOUSE OF REPRESENTATIVES away recently after a short illness. Daily Digest. Pat served in that most recent Wednesday, March 2, 2011 Linda was born on July 31, 1949, in Cleve- role from 1999 to her retirement. She has land, Ohio. Early in her childhood she moved seen more than half a century of history being Mr. ACKERMAN. Mr. Speaker, I rise today to Wickliffe, Ohio, and graduated from made first-hand—and more importantly, she to commemorate the life and service of Eu- Wickliffe High School in 1967. Soon afterward, has helped shaped that history, through her gene Aaron Bonacci, a decorated veteran of she began her employment with Bailey Con- diligence, hard work, and deep experience. the United States Navy, loving son, brother, trols in Wickliffe. For more than 53 years, Pat Kelly made her- partner, and friend to many. Tragically, Eu- At the time, the workers at Bailey had no self indispensable to the House, and she will gene passed away unexpectedly last month at labor representation. In 1971, Linda helped be greatly missed. the all too early age of 33. form an organizing committee. As a result of f Eugene devoted his too short life to his fam- her efforts, the workers at Bailey Controls or- ily and country. After graduating from Roslyn ganized Local 1741 of the United Auto Work- HONORING EVIE DAVIS High School in 1996, he enlisted in the United ers (UAW). She served on the Local 1741 States Navy. The military proved an ideal ca- committee from 1985 until 1996 and was the HON. ELIOT L. ENGEL reer choice. His intelligence, patriotism, self- committee’s Vice President from 1990 through OF NEW YORK lessness, and drive to succeed in all he en- 1993. Linda was also active on the UAW’s IN THE HOUSE OF REPRESENTATIVES deavored were a perfect fit for the Navy. It Community Action Program (CAP) for the Ash- was no surprise to those who knew Eugene Wednesday, March 2, 2011 tabula-Geauga-Lake region from 1976 until best that he would be highly decorated for his 1981 and was its chair from 1981 through Mr. ENGEL. Mr. Speaker, public service is service. Eugene earned the Navy Achieve- 1988. a noble profession when done honestly and ment Medal, Blue Jacket Award, National De- In 1996, Linda worked tirelessly on my Con- well. Those who work in government, serving fense Service Medal, Joint Services Medal, gressional campaign. When we won the elec- the people, do so with pride of accomplish- Global War on Terrorism Medal, Good Con- tion that year, I asked Linda to join my staff as ment in the knowledge that they are helping to duct Medal, Navy Pistol Expert Medal, and Ri- a caseworker and labor liaison. She served make life easier for those they serve. fleman Marksmanship Ribbon. the people of Ohio’s 10th Congressional Dis- Evie Davis, the District Manager of the West Following his time in the Navy, Eugene en- trict with enthusiasm and distinction. She Nyack Social Security office began her career rolled at Pennsylvania State University, where helped me set up my District offices and with the Social Security Administration 40 he studied security and risk analysis. It was worked closely with constituents who needed years ago, in October of 1970, at the North- Eugene’s difficulty obtaining full-tuition benefits personal help and with local labor leaders who eastern Program Service. for his education under the Post 9/11 G.I. Bill needed my attention on many issues. She held a variety of positions of increasing that inspired him and his mother, Leslie Blei, Linda resigned from my staff in 1998 to take responsibility, rising to District Manager of the to become tireless advocates of the Post 9/11 on greater challenges in the labor movement. White Plains office in 1990. She served there G.I. Bill Improvements Act. When the bill She became the UAW’s CAP coordinator in for eleven years before moving across the passed and was signed into law by President 1998 and International Representative for the Hudson River to her current position in Rock- Obama, Eugene, selfless as always, cited his UAW’s Regions 2 and 2B in 2004. She retired land County. mother’s advocacy as a factor for passage of in 2010 after more than 35 years of service She has served on many committees and the bill. with the UAW. She served on the board of the workshops in furtherance of helping the SSA Eugene’s professional accomplishments United Labor Agency and was its Recording better help its clients, including the workgroup were numerous. His personal attributes were Secretary. She stayed active with Local 1741 on the Limited-English Speaking Population. the most significant though. Eugene was loved and its successor, Local 70 after the merger of She has also served on the Advisory Com- by his family and loved them in return, includ- the two locals in 2005. Linda was also a long- mittee of the Offices for the Aging in both ing his partner Elizabeth Rockey. His large ex- time member of the Lake County Democratic Westchester and Rockland Counties. tended family was the source of his strength. Women’s Club. She has always prided herself on her serv- Eugene’s life was cut short, but as his father Linda was also a caring mother and wife. ice to the Social Security Administration and Eugene Bonacci II says, Eugene was blessed She spent 30 loving years married to her hus- the people it serves, touching the lives of vir- with a meaningful life. In a final act of compas- band John, for whom she cared dearly. She

∑ 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 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.001 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E394 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 also raised her two children, John and Andrea, Again, I congratulate the leaders of Tai- county court judges presiding and over 14,000 with warmth and kindness and was the proud wan’s SEF, Taiwan’s Mainland Affairs Council attorneys serving a county wide population of grandmother of Carter. (MAC) and ROC President Ma Ying-jeou for over 2.5 million people. The court’s philosophy Mr. Speaker and colleagues, please join me their vision and hard work in improving cross- is written on a placard that appears above the in remembering Linda Romanik, an advocate strait relations. Together they have restored bench in each courtroom with the words, ‘‘We for the public good who served this House U.S. trust and reversed the deterioration in Who Labor Here Seek Only Truth.’’ with distinction, who made the workplace a cross-strait relations that took place prior to When Florida entered into statehood in better place for workers, and who was dedi- May 2008. 1845, the state was served by only four judi- cated to her community and family. f cial circuits: North, South, East, and West. f The Southern Circuit spanned thousands of HONORING TREVOR BAYNE square miles, covering Dade, Monroe, CELEBRATING TAIWAN’S 20TH AN- Hillsborough, and Benton counties, and was NIVERSARY OF THE STRAIT EX- HON. JOHN J. DUNCAN, JR. served by only one circuit judge. The judge CHANGE FOUNDATION OF TENNESSEE had the daunting task of traveling by train, IN THE HOUSE OF REPRESENTATIVES boat, or horse across thousands of square HON. CHARLES B. RANGEL miles to serve the entire circuit. In 1868, Flor- Wednesday, March 2, 2011 OF NEW YORK ida’s legislature replaced the four compass IN THE HOUSE OF REPRESENTATIVES Mr. DUNCAN of Tennessee. Mr. Speaker, I point circuits with seven numbered circuits. A wish today to honor a rising star in motor- Wednesday, March 2, 2011 constitutional amendment added an eighth cir- sports. cuit in 1902. Mr. RANGEL. Mr. Speaker, in the last two On February 20, 2011, Knoxville native Florida’s growing population soon created a and a half years, through Taiwan’s Straits Ex- Trevor Bayne raced into NASCAR history by need for additional circuits; so in 1910, the change Foundation (SEF) and Mainland Chi- becoming the youngest driver ever to win the people of the State of Florida amended their na’s Association for Relations Across the Trait Daytona 500. constitution to give the legislature the authority Strait (ARATS), Taiwan and Mainland China It was only his second sprint Cup race ever. to create additional judicial circuits as needed. have held several rounds of talks and con- The night before his victory, Trevor cele- After considering several plans to restructure cluded many economic and trade agreements, brated his twentieth birthday. Little did he the state circuit court system, the legislature most important of which was the Economic know that the next day, his childhood dream expanded the system to 11 circuits in 1911. Cooperation Framework Agreement (ECFA) would come true. The Eleventh Judicial Circuit was one of the inked last June 29 in Chongqing China. Trevor’s love of racing began when his fa- state’s three new circuits. ECFA boosts Taiwan’s economy and cre- ther bought him a go-kart when he was 5 Originally, the Eleventh Judicial Circuit ates tens of thousands of job opportunities. years old, and he never looked back. served the counties of Dade, Palm Beach, and Further, the agreement will help Taiwan’s As a boy, his hero was NASCAR legend Monroe. At the time, Dade County had a pop- economy to benefit from regional integration Jeff Gordon. Until Sunday, Gordon was the ulation of roughly 12,000 people and was and develop new international markets while youngest driver ever to win the Daytona 500, growing steadily. The first judge of the Elev- attracting foreign direct investments in Taiwan. an honor that now belongs to Trevor. enth Judicial Circuit was Livingstone Wellesley In addition to the economic benefits for both Just before heading to Victory Lane, Trevor Bethel, a first generation immigrant raised in Taiwan and the Chinese mainland, the signing said four words that summed up his historic Key West, who spent almost 40 years of his of this agreement has significantly eased ten- feat: ‘‘Are you kidding me?’’ life in public service. Judge Bethel served the sions across the Taiwan Strait. The two sides Because of his overnight success, Trevor is people of Florida in many capacities including are now linked by more than 300 direct flights fast becoming one of the most popular young mayor of Key West, Lieutenant Governor of per week. Mainland China is Taiwan’s largest drivers in his sport, but he is much more than Florida, United States Attorney for the South- trading partner with cross-strait trade totaling that. ern District of Florida, and county and circuit close to $110 billion in 2009, according to Tai- Trevor is a young man who puts his faith judge. wan statistics. before winning and his family ahead of indi- Our country was built on the foundation that Clearly, the Straits Exchange Foundation is vidual accomplishments. all men are created equal and with certain to be congratulated on its 20th anniversary for Mr. Speaker, Knoxville and the State of unalienable rights: life, liberty, and the pursuit its good work. SEF has brought prosperity and Tennessee are very proud of 2011 Daytona of happiness. Our founding fathers took care peace to the Taiwan Strait. As we celebrate 500 Champion Trevor Bayne, and I urge my to protect these and other fundamental rights, the successes of the SEF, we know much lies Colleagues and other readers of the RECORD establishing a three branch federal govern- ahead for the SEF and the ARATS. For in- to join me in recognizing this extraordinary ment and state governments. They recognized stance, the people in Taiwan and the inter- young man. the importance and need for a judicial system national community continue to have strong f to provide checks and balances in order to concerns about China’s military expansion and protect the rights of citizens, stating in the pre- deployments. COMMENDING THE ELEVENTH amble of our Constitution, ‘‘We the People of So far, China has yet to renounce the use JUDICIAL CIRCUIT OF FLORIDA the United States, in Order to form a more of force regarding Taiwan and China’s military perfect Union, establish Justice, insure domes- build-up across the Taiwan Strait continues HON. ILEANA ROS-LEHTINEN tic Tranquility, provide for the common de- unabated with more than 1,100 missiles point- OF FLORIDA fense, promote the general Welfare, and se- ed in Taiwan’s direction. Although tensions IN THE HOUSE OF REPRESENTATIVES cure the Blessings of Liberty to ourselves and have abated and there seems to be no danger our Posterity, do ordain and establish this Wednesday, March 2, 2011 of China using force against Taiwan, China’s Constitution for-the United States of America.’’ military deployments worry policymakers in Ms. ROS-LEHTINEN. Mr. Speaker, I would A foundation of our judicial system is ‘‘equal both Taipei and Washington. like to commend the Eleventh Judicial Circuit justice under law.’’ Our federal and state While the United States is happy to see rap- of Florida for 100 years of dedicated service to courts work tirelessly to protect the rights of all prochement between the two sides, it is my our South Florida community. For a century, it Americans and are dedicated to carrying out opinion that to ensure Taiwan’s future, we has amassed a distinguished history of honor- the mandates of our Constitution. must help Taiwan develop the confidence to able service to the people of Miami-Dade From its modest beginnings in 1911, the resist any outside aggression. We should and County. I have the great privilege of rep- Eleventh Judicial Circuit has grown to be one must continue to stand by our commitment to resenting the 18th Congressional District of of our nation’s most highly respected and im- provide Taiwan with defense articles and de- Florida which falls within the boundaries of the portant legal jurisdictions. The Eleventh Judi- fense services. Our recent decision to notify Eleventh Judicial Circuit. cial Circuit is celebrating its rich history and Congress of the approval of arms sales to Tai- The Eleventh Judicial Circuit is the largest legacy through centennial celebrations that in- wan worth $6.4 billion is an indication of our circuit in the state of Florida and the fourth clude special artwork, a reenactment of the commitment to meet the obligations spelled largest trial court in the United States. The cir- historic 1930 Al Capone perjury trial, and an out in the Taiwan Relations Act (TRA). This cuit is one of 20 in the state. The Eleventh Ju- overview of the civil rights movement in the has been a U.S. policy followed by successive dicial Circuit’s jurisdiction consists of Miami- Eleventh Judicial Circuit. The Eleventh Judicial Administrations for more than 30 years. Dade County, Florida, and has 123 circuit and Circuit is one of busiest and most prestigious

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.001 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E395 jurisdictions in our nation, and is recognized mons; Raphael Steinhardt; Herbert Stettin; Ride for the brand. as a beacon of justice. The circuit fully em- and David L. Tobin. Talk less and say more. Remember that some things aren’t for sale. bodies the commitment of our nation to pro- f vide ‘‘equal justice under law.’’ For the last Know where to draw the line. 100 years, the men and women presiding over IN RECOGNITION OF LIEUTENANT I am proud to share in the celebration of the Eleventh Judicial Circuit have served the GENERAL MICHAEL L. OATES LTG Oates’ military career, recognizing both people of South Florida with honor and distinc- his extraordinary leadership of JIEDDO and tion. I thank the judges, attorneys, and staff of HON. DUNCAN HUNTER his distinguished military service. the Eleventh Judicial Circuit for their commit- OF CALIFORNIA f ment to justice and the rule of law. IN THE HOUSE OF REPRESENTATIVES The current members of the court are: PERSONAL EXPLANATION CIRCUIT COURT JUDGES OF THE ELEVENTH JUDICIAL Wednesday, March 2, 2011 CIRCUIT Mr. HUNTER. Mr. Speaker, I rise today to HON. ADAM SMITH Barbara Areces; Antonio Arzola; Jerald recognize the service of Lieutenant General OF WASHINGTON Bagley; Jennifer D. Bailey; Mary Barzee Flo- Michael L. Oates, the Director of the Joint Im- IN THE HOUSE OF REPRESENTATIVES res; Scott M. Bernstein; Stanford Blake; Beth provised Explosive Device Defeat Organiza- Wednesday, March 2, 2011 Bloom; Joel H. Brown, Chief Judge; Beatrice tion (JIEDDO), who will retire from service on Butchko; Marcia B. Caballero; Gisela July 1, 2011. Mr. SMITH of Washington. Mr. Speaker, on Cardonne Ely; Jeri B. Cohen; Yvonne LTG Oates has honorably served his coun- Monday, February 28, 2011, I was unable to Colodny; Jorge E. Cueto; Abby Cynamon; try for more than three decades. Since grad- be present for recorded votes. Had I been Maria Espinosa Dennis; Reemberto Diaz; Amy uating from the United States Military Acad- present, I would have voted ‘‘yes’’ on rollcall Steele Donner; Ronald Dresnick; Pedro P. Jr. emy at West Point in 1979, LTG Oates has vote No. 148 (on the motion to suspend the Echarte; Spencer Eig; Joseph P. Farina; Ivan commanded troops from Company to Division rules and pass H.R. 394, as amended), ‘‘yes’’ F. Fernandez; Jose L. Fernandez; Leon M. level. He is a veteran of Desert Shield and on rollcall vote No. 149 (on the motion to sus- Firtel; Gill S. Freeman; Darrin P. Gayles; Mi- Desert Storm and served three tours in Iraq in pend the rules and pass H.R. 347, as amend- chael A. Genden; Mindy S. Glazer; Stacy D. support of Operation Iraqi Freedom, serving ed), and ‘‘yes’’ on rollcall vote No. 150 (on the Glick; Monica Gordo; Milton Hirsch; Jacqueline as the Chief of Staff to the Deputy and Chief motion to suspend the rules and pass H.R. Hogan Scola; Julio Jimenez; Sandy Karlan; Operating Officer, Coalition Provisional Author- 368, as amended). Maria M. Korvick; Maxine Cohen Lando; Les- ity, as the Deputy Commanding General (Op- f ter Langer; Mark King Leban; Cindy S. erations) 101st Airborne Division (Air Assault) Lederman; Ellen Leesfield; Peter R. Lopez; CELEBRATING 50 YEARS OF and the Commanding General, 10th Mountain MARSHALL UNIVERSITY Valerie R. Manno Schurr; Antonio Marin; Division/Multi-National Division-Center. Among Bronwyn C. Miller; David C. Miller; Celeste H. his many decorations, LTG Oates has been Muir; Dennis J. Murphy; Victoria Platzer; Or- awarded the Distinguished Service Medal, the HON. NICK J. RAHALL II lando A. Prescott; Israel Reyes; Jose M. Legion of Merit, and the Bronze Star Medal. OF WEST VIRGINIA Rodriguez; Rosa I. Rodriguez; Jorge As a Member of the House Armed Services IN THE HOUSE OF REPRESENTATIVES Rodriguez-Chomat; Arthur L. Rothenberg; Committee, I have supported LTG Oates’ mis- Wednesday, March 2, 2011 Samantha Ruiz-Cohen; Maria I. Sampedro- sion to provide the necessary training, equip- Mr. RAHALL. Mr. Speaker, while Marshall Iglesia; Migna Sanchez-Llorens; George A. ment, and analytical capabilities necessary to University is the oldest public institution of Sarduy; Nushin G. Sayfie; John Schlesinger; protect our service men and women from the higher education in West Virginia, tracing its Marc Schumacher; Lawrence A. Schwartz; threats posed by IEDs. Having served in both founding to 1837, it took nearly 125 years of Robert N. Jr. Scola; Bernard S. Shapiro; Vic- Iraq and Afghanistan myself, I have experi- sustained growth before the normal school es- toria S. Sigler; Scott J. Silverman; Bertila Soto; enced firsthand the dangers that IEDs pose to tablished on a knoll in rural Cabell County William Thomas; John W. Thornton Jr.; Marisa our troops. Under Oates’ leadership, JIEDDO would truly come of age. Tinkler Mendez; Daryl E. Trawick; Dava J. has made significant strides to combat those Compared to the news that seems to grab Tunis; Ellen Sue Venzer; and Diane V. Ward. dangers by not only reducing the effectiveness MIAMI DADE COUNTY COURT JUDGES OF THE ELEVENTH attention nowadays, it is probably difficult for - of the IEDs, but also by helping to eliminate JUDICIAL CIRCUIT today’s students to understand the signifi- the enemy networks that seek to use these Victoria R. Brennan; Don S. Cohn; Joseph cance of the granting of university status to devices to harm our troops. I. Jr. Davis; Victoria del Pino; Robin Faber; the former Marshall College. But 50 years His approach on Capitol Hill brought a high Rosa C. Figarola; Mary J. Francis; Gloria Gon- ago, the designation as a state university degree of candor, integrity, and focus. Few zalez-Meyer; Michaelle Gonzalez-Paulson; meant far more than just a name. missions are as important as JIEDDO’s efforts Wendell M. Graham; Andrew S. Hague; Eric Video footage and still photographs shot on to defeat the IED as a weapon of strategic in- Hendon; Charles K. Johnson; Carroll J. Kelly; Marshall’s campus the day the news broke fluence and LTG Oates carried out that mis- Lawrence D. King; Shelley J. Kravitz; Luise that the West Virginia Legislature had passed sion superbly, executing our counter-IED (C– Krieger-Martin; Myriam Lehr; Steve Leifman; the university bill depict a student body that IED) support to the Afghanistan surge and sig- Norma S. Lindsey; Patricia Marino Pedraza; celebrated as if the football team had won a nificantly reducing the effectiveness of IEDs. Cristina Miranda; Edward Newman; Maria D. national championship. A special edition of Also under his leadership, JIEDDO improved Ortiz; Ana M. Pando; Gladys Perez; Catherine The Parthenon hailed, ‘‘We are now Marshall its processes and control measures to reduce M. Pooler; Judith Rubenstein; Nuria Saenz; ‘U’!’’ Crowds gathered as ‘‘College’’ was sym- wasteful spending, improve transparency to Caryn C. Schwartz; Jacqueline Schwartz; bolically chipped off one of Marshall’s state Congress, and demonstrate a greater level of Sheldon R. Schwartz; Fred Seraphin; Lourdes highway historical markers. Students taped accountability. Simon; Samuel J. Slom; Rodney Smith; Linda over the word ‘‘college’’ on the team I have gotten to know Lieutenant General Singer Stein; Teretha Lundy Thomas; Lisa S. sweatshirts they proudly wore. Cheering and Michael Oates well during his tenure at Walsh; Deborah White-Labora; and Andrea R. running across campus, they acted as if a war JIEDDO. He is an inspiring leader, a teacher, Wolfson. had just ended. And, in essence, that is ex- and a Texan. The philosophy he instilled in his SENIOR JUDGES OF THE ELEVENTH JUDICIAL CIRCUIT actly what had happened. March 2, 1961, staff and demonstrated by example in his daily Mercedes Armas Bach; Eli Breger; Philip marked the end of a multi-year battle for Mar- work come from James P. Owen’s book, Cook; Robert M. Deehl; Charles D. Edelstein; shall’s official recognition as an advanced ‘‘Cowboy Values.’’ As he concludes his mili- Richard Y. Feder; Eugene J. Fierro; Ronald higher learning institution in the state of West tary career and rides off to face even tougher Friedman; Seymour Gelber; Norman S. Virginia. endeavors, he takes Owen’s ‘‘Code of the Gerstein; Marvin H. Gillman; William E. Glad- In his book, ‘‘Marshall University: An Institu- West,’’ with him: stone; Leonard E. Glick; Jon I. Gordon; Ed- tion Comes of Age, 1837–1980,’’ Marshall his- Live each day with courage. ward S. Klein; Judith L. Kreeger; Barbara S. Take pride in your work. torian Dr. Charles H. Moffatt noted that in Levenson; Richard V. Margolius; Robert H. Always finish what you start. 1961, university status would make Marshall Newman; Thomas K. Petersen; Steven D. Do what has to be done. the first university located in the vast stretches Robinson; Jeffrey Rosinek; Alan R. Schwartz; Be tough, but fair. of central Appalachia between Lexington, Ken- Martin Shapiro; Roger A. Silver; Stuart M. Si- When you make a promise, keep it. tucky, and Lexington, Virginia, and between

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.006 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E396 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 Athens, Ohio, and Knoxville, Tennessee. At science research and has in recent years es- the Republicans want another financial crisis, the time, many states had only one state uni- tablished new programs in engineering, phys- they are going about it the right way.’’ versity, as was the case here, with West Vir- ical therapy and health informatics. Marshall Mr. Speaker, few public policy issues are as ginia University in Morgantown being the sole also is launching a new School of Pharmacy, important to us as avoiding the disaster of an- university among a handful of higher edu- expected to field its first class of students in other financial crisis and its consequent plung- cation institutions in the Mountain State. fall 2012. ing of the economy as a whole into deep re- Dr. Stewart H. Smith, president of Marshall The state’s investment in Marshall has more cession and so I ask that his important edi- from 1946 to 1968 and for whom Smith Hall than paid off, tripling in the past few years torial from the Financial Times be printed is named, fought many years for his beloved under current President Stephen J. Kopp’s here. college to earn university status by engaging leadership. The most recent economic impact [From the Financial Times, Feb. 24, 2011] legislators, backed by strong local support, study, completed in 2010, conservatively esti- EDITORIAL: FUNDING REGULATORS and working on a public front to change atti- mates that Marshall returns $20 for every The Dodd-Frank financial regulation law tudes about a second university in West Vir- state dollar invested in the university, and passed in July 2010 was a far-reaching effort ginia. Many thought the state should support helps to create more than 6,000 jobs. to promote financial stability. Whether the only one large university, fearing another Kopp has overseen more than $200 million legislation can achieve that goal, though, depends on how it is implemented. On this, would drain resources from West Virginia Uni- in new capital projects and major building ren- there are some worrying signs. The House of versity. ovation. Since 2005, Marshall has launched Representatives has voted to cut funding by Smith argued that Marshall had earned uni- 10 new high-demand degree majors or pro- a third to the Commodity Futures Trading versity status because of the number of aca- grams and doubled its research grant funding. Commission. It also stripped $25m from the demic programs and advanced degrees of- Marshall’s impact will grow even more, as Securities and Exchange Commission. fered, as well as the growth in enrollment. the university expects record enrollment in fall Squeezing two of the most important regu- Smith, local legislators and area leaders said 2011 and more than $50 million in planned in- lators jeopardises the progress made in creating a safer financial system. the change in status would not only help Mar- frastructure improvements and new buildings Too much regulation did not cause the fi- shall recruit more students and retain better over the next few years. nancial crisis. In the last decade, the SEC faculty, it also would result in more federal This growth would not have been possible and CFTC have anyway been stretched. Over funding and private donations, and help to without the vision and leadership more than that time, the industry’s complexity and size bring more businesses to the state. 50 years ago from Dr. Smith and local legisla- have grown. Technology has also changed By 1960, following the establishment of Mar- tors who recognized the need for Marshall to the way markets operate, and regulators are shall’s College of Applied Sciences, a request become a university. And, while there has as yet inadequately equipped with tools to monitor that change. was made to the state Board of Education to been tremendous positive change since 1961, Even if the remit of these two bodies had accord the institution university status. The Marshall’s mission will always be to serve the not expanded, therefor; to cut their budgets board approved the request in October 1960, people of West Virginia and the entire region. would be ill-advised. To do so when Dodd- and the battle for a change in State Code to A hundred years ago, Professor Walter Ra- Frank has added to their tasks, is irrespon- make it official began. leigh addressed the meaning of the university. sible. The White House understands this: the Smith had strong support from Huntington- He said, ‘‘We owe an enormous debt to those proposed 2012 budget would nearly double the area legislators, and he joined them in car- who went before us; we can pay it, or a part CFTC’s funds and increase the SEC financing rying the fight to lawmakers from across the by a fifth. of it, only to those who come after us. We It is imperative that the SEC and CFTC state and to the governor’s office. He unified must pass on our inheritance; and if we really are properly resourced. They are already be- the Huntington campus and, along with the can make here and there, as no doubt we hind schedule in writing the regulatory de- elected officials and other Marshall supporters, can, some additions and improvements, to tail. This strain is particularly acute for the they persevered. The so-called Marshall bill compensate the irrecoverable depredations of CFTC, which is taking on a proportionately passed the West Virginia Senate on February time and mortality, we are happy indeed. Any- greater burden under Dodd-Frank: pre- 16, 1961, and cleared the House of Delegates how, here is work enough for a University, and viously unregulated derivatives fall largely shortly after. Governor W.W. Barron signed under the CFTC’s purview. motive enough to urge us on to the work.’’ The current funding model is not the only the bill and dedicated a brand-new Gullickson A hundred, indeed, hundreds of years option. User fees could be a viable alter- Hall at the same time during a ceremony on hence, Marshall University will continue pass- native to congressional financing. Some Marshall’s Huntington campus on March 2, ing on our inheritance as long as we give it other financial regulators already self-fund; 1961. the support and encouragement it so nobly the SEC partly does so. The futures industry As he put his pen to the paper, Governor deserves. has lobbied against this model for the CFTC. What matters most, however, is that regu- Barron said, ‘‘It is my privilege and pleasure to f place my signature on legislation to change lators receive enough funding without the name of this splendid educational institu- FINANCIAL TIMES CRITICIZES RE- strings attached. PUBLICAN ASSAULT ON SEC AND The pressure to cut the SEC and CFTC tion from Marshall College to Marshall Univer- budgets is part of the Republican war on the sity. It is my sincere wish that Marshall’s future CFTC White House. Dodd-Frank is not perfect, but will be resplendent with new pride and it improves on what came before. It cannot progress . . . which I am convinced will aid all HON. BARNEY FRANK work, however, if politicians do not support of West Virginia.’’ OF MASSACHUSETTS regulators’ efforts. If the Republicans want another financial crisis, they are going about The university and city celebrated. It was a IN THE HOUSE OF REPRESENTATIVES turning point in the university’s history and set it the right way. Wednesday, March 2, 2011 the stage for what has indeed been a new f generation of pride and progress as Marshall Mr. FRANK of Massachusetts. Mr. Speaker, HONORING LANCE CORCORAN has grown to serve more West Virginians than in a very thoughtful editorial on February 24th, ever. the Financial Times, a widely-respected voice Dramatic changes have occurred in the 50 of a responsible free market approach to the HON. JEFF DENHAM OF CALIFORNIA years since. Enrollment has more than tripled economy, expressed strong criticism of the re- IN THE HOUSE OF REPRESENTATIVES and the campus infrastructure has been com- ductions in the budget requests that were pletely transformed. The Marshall community made for the Securities Exchange Commis- Wednesday, March 2, 2011 experienced unimaginable devastation with the sion and the Commodities Futures Trading Mr. DENHAM. Mr Speaker, I rise today to plane crash in 1970 and witnessed an incred- Commission. These two agencies were given honor the life of Mr. Lance Corcoran. Mr. Cor- ible rebirth through the 1990s, a story that was significantly enhanced responsibilities in the coran worked for the California Correctional retold with a star-studded motion picture in recently passed financial reform bill, and the Peace Officers Association and was an influ- 2006. Republican budget means that, most glaringly ential individual in California’s state correc- Marshall now offers 159 majors and 105 de- but not exclusively, derivatives will continue to tional system. He passed away on Sunday, grees through its 12 colleges. The university lurk in the shadows of the financial system February 27, 2011. Mr. Corcoran is survived boasts the nation’s finest graduate program in with their great potential for harm when im- by his wife Christine and his three sons, Ian, forensic science, and a top-ranked School of properly governed. Michael and Dylan. Medicine and transportation research institute. The Financial Times, not given to radical Mr. Corcoran served as the Chief Commu- Marshall has developed a reputation for bio- thought, closed this editorial by noting that ‘‘If nication Officer for the California Correctional

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.009 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E397 Peace Officers Association. He worked for the Forces Squadron, Laughlin Air Force Base, and Dr. Salomone couldn’t understand why statewide organization representing the 33,000 Texas, and was on his second deployment to the government had not acted. men and women who worked in the state’s southwest Asia. His father resides in Story, Ar- Well last year, Congress almost did. The correctional facilities. For over twenty years, kansas. sponsors of the Senate-companion to this leg- Mr. Corcoran served as a union officer for the Although I never had the honor of meeting islation—Sens. SHERROD BROWN and KAY BAI- California Department of Corrections. Starting Airman 1st Class Owens, it is clear by the out- LEY HUTCHISON—worked tirelessly to move the out as a Correctional Officer at Susanville in pouring of praise from his colleagues, friends Motorcoach Enhanced Safety Act through the 1986, he was quickly promoted due to his and family that he was well liked and well re- Committee process and onto the Floor. In the commitment to improving the California correc- spected by all who knew him. In fact, local House, the Chairmen of both the Transpor- tional facilities and the lives of his fellow news reported that when Laughlin Air Base tation and Infrastructure Committee and the Peace Officers. held a memorial service on February 28, they Energy and Commerce Committee expressed In 1994, Mr. Corcoran served as the Presi- had trouble finding a space large enough. interest and empathy on this issue. Secretary dent of the California Correctional Center Airman 1st Class Owens is survived by his LaHood coordinated discussion groups and Chapter within the California Correctional current wife, Misty Owens; his two daughters, drafted a preliminary proposal to address mo- Peace Officers Association and also served on Xiya and Xoe Owens from his first marriage; torcoach safety. the Board of Directors. His leadership and de- his father, Steve Owens of Story, Ark.; his Simply said, Mr. Speaker, Congress needs termination not only made the California Cor- mother, Chris Owens of Springfield, Ill.; two to act. This bill addresses the most common- rectional Peace Officer Association one of the sisters, Ann Kusterbeck of Princeton, Tex., sense of issues and has always enjoyed bi- largest and most prestigious law enforcement and Sandra Owens of Springfield, Ill.; two un- partisan support. The U.S. used to be a leader associations in the state but also made it high- cles, two aunts, two nieces, one nephew and on safety and standards issues, but now we’re ly influential. He continued to improve the As- several cousins. falling behind. The proposals laid out in this sociation by serving two terms as the Execu- When we think of true heroes, we think of legislation bring our nation’s motorcoach in- tive Vice President for the California Correc- brave Americans like Airman 1st Class Owens dustry into the 21st century. I hope that all my tional Officers Association. who risk everything to defend freedom and colleagues will cosponsor this important bill, Mr. Corcoran directed the legislative oper- serve this great country. We will always be and that the victims and their families will cele- ation of the California Correctional Peace Offi- grateful for his selfless sacrifice and he will be brate its signage into law this year. cers Association as the Chief of Governmental deeply missed by all who knew him. My f Affairs in 2005 before taking on the position of thoughts and prayers go out to his parents NATIONAL PEACE CORPS WEEK/ Chief Communications Officer for the Associa- and the rest of his family and friends during PEACE CORPS 50TH ANNIVERSARY tion. Not only was Mr. Corcoran an advocate this very difficult time. We are who we are as for the rights of Peace Officers but also for the a nation because of patriots like Airman 1st families impacted by crime. Mr. Corcoran was Class Owens. HON. BARBARA LEE an active member of the California Crime Vic- Today, I ask all Members of Congress to OF CALIFORNIA tims Coalition and served on the advisory join me as we honor the life of Airman 1st IN THE HOUSE OF REPRESENTATIVES board for the Doris Tate Crime Victims Bu- Class Corey Owens and his legacy, as well as Wednesday, March 2, 2011 reau. each man and woman in our Armed Forces, Ms. LEE of California. Mr. Speaker, I would The passion of Mr. Corcoran to represent and all of those in harm’s way supporting their like to take the opportunity to honor the Peace the California Correctional Peace Officers As- efforts, who give the ultimate sacrifice in serv- Corps during this National Peace Corps Week. sociation was unrelenting. He actively worked ice to this great country. We owe them our I would also like to thank Congressman with determination to protect the rights of the eternal gratitude. GARAMENDI, a returned Peace Corps volunteer men and women who worked for the California f himself, for his leadership in organizing this Department of Corrections. Few people have special order on this historic occasion. INTRODUCTION OF THE MOTOR- the passion and determination that Mr. Cor- Today, March 1, 2011 the Peace Corps COACH ENHANCED SAFETY ACT coran had. Mr. Corcoran always had a smile celebrates its 50th anniversary. It is with the on his face and had an unparalleled sense of historic contributions of this organization in humor. He was not only an advocate for the HON. JOHN LEWIS mind, that I proudly acknowledge the impor- Peace Officers, but was also their friend. He OF GEORGIA tant work of more than two hundred thousand worked diligently and with compassion to en- IN THE HOUSE OF REPRESENTATIVES Peace Corps volunteers since the agency’s insure that all California Corrections Officers Wednesday, March 2, 2011 ception in 1961. were treated fairly. Mr. Corcoran has left an It is not surprising that year in and year out influential impact on the California Correctional Mr. LEWIS of Georgia. Mr. Speaker, I rise Americans are eager to do even more. While Peace Officers Association and on the State today to reintroduce the Motorcoach En- more than 13,000 Americans apply annually to of California. hanced Safety Act. serve their country in Peace Corps, serious Mr. Speaker, I rise today to honor the life of Four years ago, a horrific accident occurred budget constraints provide placements for Lance Corcoran for his service and dedication in my congressional district when a bus car- roughly 30 percent of applicants. to the California Department of Corrections rying the Bluffton University men’s baseball President Obama has rightly called for dou- and to the State of California. I invite my col- team crashed on Interstate 75 in Atlanta, bling the size of the Peace Corps in order to leagues to join me in honoring Lance Cor- Georgia, en route to a tournament in Florida. meet this demand, as well as the over- coran. Twenty-nine people were injured on that ter- whelming need for additional volunteers rible day, but seven others—Zachary Arend, f around the globe. David Betts, Scott Harmon, Cody Holp, Tyler This is a pledge that we must keep. IN HONOR OF AIRMAN 1ST CLASS Williams and Jean and Jerome Niemeyer died I am proud to report that California has COREY C. OWENS that terrible day. They were all treated at var- been and continues to be the largest producer ious hospitals—Atlanta Medical Center, Pied- of Peace Corps volunteers with more than HON. MIKE ROSS mont Hospital, and Grady Memorial Hospital. 1,100 people currently serving abroad. OF ARKANSAS The entire nation was shocked by the trag- My home District, California’s 9th Congres- IN THE HOUSE OF REPRESENTATIVES edy, and I was floored when my office re- sional District, can be called home by more ceived a phone call from one of the surgeons than 20 current volunteers who have com- Wednesday, March 2, 2011 who treated the victims. Dr. Jeffrey Salomone, mitted themselves to the Peace Corps mission Mr. ROSS of Arkansas. Mr. Speaker, I rise an Associate Professor of Surgery at Emory of world peace and friendship through service. today to honor a true patriot who died in serv- University School of Medicine, and Deputy The University of California, Berkeley lo- ice to this great country. On February 17, Chief of Surgery at Grady Hospital was out- cated in my district has consistently received 2011, Airman 1st Class Corey C. Owens, raged. He felt that the injuries would have top or near top honors for producing the most USAF, died of a non-combat related incident been less severe, and that more lives may Peace Corps Volunteers, producing 92 volun- at Al Asad Air Base in Iraq in support of Oper- have been saved had the victims not been teers in 2010 alone. ation New Dawn. ejected from the motorcoach bus. It was an In fact, UC Berkeley has contributed over Airman 1st Class Owens, 26, of San Anto- accident that had been seen time and time 3,400 volunteers to the Peace Corps Program nio, Texas, was assigned to the 47th Security again in emergency rooms across the country, since 1961.

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.011 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E398 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 Through volunteer work abroad in fields in- on the occasion of his fiftieth anniversary in Olive was known for her tenacity and has cluding health education, food security, local broadcasting and 80th birthday. left us with many memorable quotes, but I business development, education about HIV/ Born on February 24, 1931, Dick, an Akron, think one of her more recent in regard to her AIDS, and agricultural and environmental im- Ohio native, graduated from Green High stepping down is a relevant one, ‘‘Well, I’ve provement, the work of the Peace Corps im- School. He first entered the field of meteor- left you without any debt and money in the proves people’s lives. ology as a member of the U.S. Air Force, 6th bank, so let’s see if we can keep it that way.’’ At the same time, this vital work enhances Weather Squadron, where he served our Her longevity and integrity are not in short the credibility of the United States abroad, fos- country during the Korean War. After his re- supply as she will continue participation in the tering the exchange of ideas, and uniting cul- turn to Ohio, he enrolled at Kent State Univer- community she helped build. She is truly an tures around values of peace, tolerance, and sity, where he graduated in 1960 with a bach- inspirational community leader. I thank Mayor prosperity. elor of arts in drama and broadcasting. Stephens for her lifelong commitment to serv- That is why I have introduced H.R. 384, The He began his career in broadcasting with ice. I am proud to represent her in Congress. Peace Stamp for the Peace Corps Act, which Cleveland-area station KYW–TV on May 1, f calls for the introduction of a semi-postal 1961. After the station moved to Philadelphia, IN RECOGNITION OF ROBERT Peace Stamp, which will sell at a slightly high- Dick remained in Cleveland, becoming the MORRIS er rate than the normal 44 cents, in order to chief meteorologist at WJW–TV where he has create additional revenues for the Peace remained for forty-five years. Dick also be- Corps. came the statistician for the Cleveland HON. PETE SESSIONS What better time to celebrate the legacy and Browns, a position he still holds. In these OF TEXAS significance of this great organization with a roles, he has become a community leader and IN THE HOUSE OF REPRESENTATIVES semi-postal stamp than on the occasion of the local celebrity, hosting public events and Wednesday, March 2, 2011 Peace Corps’ historic 50th anniversary. founding the area’s annual Woollybear Fes- Mr. SESSIONS. Mr. Speaker, I rise today to I encourage my colleagues to join as co- tival. recognize Mr. Robert Morris, a dedicated com- sponsors of H.R. 384, which most importantly, Dick is one of the Cleveland area’s most fa- munity and home building industry leader. would generate additional resources for the mous and effective advocates for animal wel- After graduating from San Diego State Uni- work of the Peace Corps through the gen- fare. For example, to help an animal shelter versity, Mr. Morris became actively involved erous support of the American people. find new homes for its indigent dogs, he fea- with builders associations—first, serving as a There is no denying the impact of U.S. for- tures several adoptable dogs during every Fri- volunteer with the Building Industry Associa- eign assistance programs around the world, day evening newscast. He has single- tion of San Diego and then joining the staff as and the Peace Corps is a perfect example of handedly raised the level of awareness of ani- the Director of Membership and later on as our nation’s will to promote peaceful relations, mal rights and has done Northeast Ohio a the Executive Vice President. Mr. Morris’ the exchange of ideas, and to assist and em- great service. strong belief in community service was empower those who are most in need. Mr. Speaker and Colleagues, please join me phasized shortly after his arrival in the great Before I finish, it should be noted that the in honor and recognition of Dick Goddard for State of Texas in 1994. He sought and gained Peace Corps enjoys bipartisan support in Con- his contributions to the Cleveland area and to opportunities to become involved with various gress, not the least of which from our four Re- our nation. The longevity of his public service civic organizations, serving on boards such as turned Peace Corps Volunteers currently serv- in Cleveland shows a strong commitment to the Fannie Mae Dallas Advisory Council and ing in the House: Reps. GARAMENDI, FARR, the vitality of Northeast Ohio, and his tireless the North Central Texas Customer Advisory PETRI, and HONDA. work for animal rights has helped to save or Board. I would also like to take a moment to recog- improve the lives of countless needy animals. With his extensive experience and passion nize a man who embodied the Peace Corps’ He has been nothing short of inspirational, for the building industry, Mr. Morris estab- mission of ‘peace and friendship through serv- and he continues to be a leader and role lished his presence as the Executive Vice ice’, and that is Sargent Shriver. model in our community. President and Chief Executive Officer of the Mr. Shriver, who passed away this January, f Home Builders Association (HBA) of Greater was a true public servant who dedicated his Dallas. In this role, Mr. Morris also qualified for life to promoting justice and creating oppor- MAYOR OLIVE STEPHENS—A LIFE- two home building industry professional des- tunity not only in America but throughout the LONG COMMITMENT TO SERVICE ignations, the Certified Aging in Place Spe- world. cialist (CAPS) and the Certified Green Profes- In his work and personal life, and most no- HON. MICHAEL C. BURGESS sional (CGP) and continued to expand his tably as the first Director of the Peace Corps, OF TEXAS knowledge by participating in the National As- Mr. Shriver’s dedication to this cause has IN THE HOUSE OF REPRESENTATIVES sociation of Homebuilders Officers Council Ex- cellence in Learning Program. The HBA and come to define generations of U.S. volunteers Wednesday, March 2, 2011 working at home and abroad for the better- the industry greatly benefitted from his vision, ment of society through the offering of a Mr. BURGESS. Mr. Speaker, today I rise to extensive experience, and wealth of wisdom. steady, helping hand. recognize a very special citizen of the 26th Mr. Morris has received numerous awards and During National Peace Corps Week we sa- District of Texas, Olive Stephens. Mrs. Ste- honors, including the prestigious Texas Asso- lute past and present Volunteers who self- phens has enjoyed a long life of public service ciation of Builders’ Presidential Service Award lessly serve abroad in support of the Peace with 10 years as Councilwoman and 38 years and the Seldon Hale Lifetime Accomplishment Corps’ vital mission. as the Mayor of Shady Shores whose popu- Award. Today we say happy 50th anniversary to the lation is about 2,700. At 94 years of age, I know his dedication and leadership will be Peace Corps, and should similarly rededicate Mayor Stephens says it’s time to pass the greatly missed at the HBA. I wish Bob and his ourselves to supporting and strengthening the torch. wife, Pam, all the best in their future endeav- Peace Corps program for ours and future gen- Olive Stephens has made a remarkable im- ors. Mr. Speaker, I ask my esteemed col- erations. pact on the town during her reign of service. leagues to join me in congratulating Mr. Morris on his retirement and his many achievements f She was there to support the incorporation of Shady Shores in 1960. This prevented it’s ab- in the home building industry. IN HONOR OF RICHARD ‘‘DICK’’ sorption from surrounding cities and since f GODDARD then, five separate city landmarks bear her HONORING JACK CRISTIL FOR HIS name including a street, the city council cham- STORIED CAREER AT MIS- HON. DENNIS J. KUCINICH bers, and an elementary school. For many SISSIPPI STATE UNIVERSITY OF OHIO years, in an effort to keep from increasing IN THE HOUSE OF REPRESENTATIVES taxes for citizens, fundraisers were held to help fund the fire department, road mainte- HON. GREGG HARPER OF MISSISSIPPI Wednesday, March 2, 2011 nance, and the general fund. Ceramics sales, IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in fish frys, bar-b-ques, chili suppers, and yard honor and recognition of Richard ‘‘Dick’’ God- sales are all examples of how Mayor Ste- Wednesday, March 2, 2011 dard, longtime Cleveland-area meteorologist, phens led her citizens in ingenuity and re- Mr. HARPER. Mr. Speaker, I am pleased to animal rights advocate, author and cartoonist sourcefulness. honor Jack Cristil of Tupelo, Mississippi for his

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.014 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E399 contribution to sports radio and television A TRIBUTE TO FAY DOUGLAS- sissippi and indeed throughout the South- broadcasting, and specifically the state of Mis- LANE eastern Conference, when the Mississippi sissippi through his dedicated service as a State University Bulldogs tip off in Fayetteville, Mississippi State University (MSU) announcer. HON. EDOLPHUS TOWNS Arkansas. The thing that will make this game For 58 years, Cristil has been at the micro- OF NEW YORK memorable is that Jack Cristil will not be be- phone broadcasting across the radio airwaves IN THE HOUSE OF REPRESENTATIVES hind the microphone. for Mississippi State football and basketball Wednesday, March 2, 2011 For the past 58 years, as Mississippi State fans tuned in to listen to basketball or football games. Mr. TOWNS. Mr. Speaker, I rise today in games, they heard the distinctive voice of Cristil began his career calling minor league recognition of Ms. Fay Douglas-Lane for her Jack Cristil. However, due to declining health, baseball games in Tennessee and Alabama service to and excellence in the practice of Mr. Jack called his last game over the week- and later moved to Clarksdale, Mississippi to nursing. end. Fay was born in Kingston, Jamaica. Her ex- He began his career in the golden age of call high school football games. In 1953, Cristil tensive nursing career began at the University radio, and learned to paint a picture with was hired by MSU’s Athletic Director C.R. Hospital of the West Indies’ School of Nursing, ‘‘Dudy’’ Noble as the voice of the Bulldogs and where she received certification in both med- words as he recounted the events on the field Mississippi State football games. Four years ical and surgical wards. Throughout her life, or court, when no other medium was avail- later, in 1957, Cristil began to broadcast MSU Fay provided critical services to her commu- able. The first day on the job, Mississippi basketball games as well. nity as a nurse, mentor and volunteer to those State Atheletic Director Dudy Noble told him, ‘‘You tell that radio audience what the score is Cristil is a recipient of the Ronald Reagan in need. Fay began her career in 1983, as an Oper- and who’s got the ball and how much time is Lifetime Achievement award, the Southeastern ating Room nurse at SUNY Downstate Med- left and you cut out the bull.’’ Conference (SEC) Broadcaster of the Year in ical Center. For nearly nine years she served Throughout his 58 years, he never veered 1988 and a 21-time winner of the Mississippi in this capacity. She left Downstate Medical from that advice. His commitment to profes- Broadcaster of the Year. Additionally, he was Center for a brief period, but returned in 1994. sionalism and excellence at his craft led him a recipient the Chris Shenkel Award in 1997 When Fay returned, she served in supervisory to develop a style that all Mississippians, in- by the College Football Hall of Fame as well roles until her promotion to Associate Nursing cluding those from rival schools, respected. as being a 1991 inductee to the Mississippi Director in 2003. Fay has a unique under- Long before Fox News, he was fair and bal- Sports Hall of Fame. standing of perioperative nursing; her exper- anced, and reported the games in that man- tise was instrumental to the healthcare team ner. On February 23, 2011, Cristil announced at SUNY. Among her accomplishments, Fay His distinct style has influenced several gen- that due to urgent health reasons he would championed and facilitated the Team STEPPS erations of sports fans, as they could expect call his final Mississippi State University bas- Program, an evidence based teamwork sys- to hear the introduction of a six foot tall sopho- ketball game the following Saturday. Last tem designed to improve quality, safety and more (pronounced with its proper three sylla- weekend, millions of sports fans nationwide efficiency for perioperative services. Fay re- bles) wearing maroon pants, a white jersey were privileged to listen briefly to Cristil’s final tired from Downstate Medical Center on De- with maroon numerals, and maroon headgear. broadcast during the Mississippi State versus cember 31, 2010. He truly was the Voice of the Bulldogs. the University of Tennessee basketball game Fay has always been committed to achiev- Over the years, he has been recognized by when ESPN announcers went silent for a few ing excellence in the practice of nursing. She numerous organizations including receiving an moments allowing Cristil’s live radio feed to was involved in the Brooklyn Chapter of the award named after another famous sports- broadcast over national television. Association of Operating Room Nurses, in- caster, the Ronald Reagan Lifetime Achieve- cluding two separate terms as President. She ment Award from the National Association of Cristil was known for his commitment to also served as mentor to numerous Reg- Sportscasters and Sportswriters. He also was journalistic professionalism in his broadcasts istered Nurses, Operating Room Technicians, inducted into the Mississippi State University as well as his unique and trademark expres- Nursing Assistants, and Resident Physicians. Sports Hall of Fame in 2003, named Mis- sions such as, ‘‘You can wrap this game in Fay was not consumed by hospital work. sissippi Sportscaster of the Year 21 times and maroon and white!’’ and ‘‘Welcome to a sun- She devoted time to assisting teachers and the recipient of the SEC Broadcaster of the bathed Scott Field at Davis Wade Stadium on staff at P.S. 397, a children’s elementary Year award in 1988. the beautiful campus of Mississippi State Uni- school in Brooklyn, NY, and has been actively Tonight, the game will go on, and the broad- versity!’’ involved in the Parent Teacher Association of cast will be in capable hands, but Mr. Cristil, Erasmus Hall High School in Brooklyn. Fay To quote a story from the Jackson, Mis- we will miss you. also spent significant time volunteering. In f sissippi newspaper, The Clarion-Ledger, the 1986, she worked with a team of doctors and following is a great representation of Cristil’s nurses to care for the poor and needy in Ja- CONGRATULATING INTEL SCIENCE attitude and personality: maica, West Indies. In 1998, she contributed TALENT SEARCH FINALIST AND ‘‘Of a State—Alabama football game when her time and service to the People United to SEMIFINALISTS IN NEW YORK’S Bob Hope was on tour and doing a show that Save Our Children Community Choir. 2ND DISTRICT night in Tuscaloosa, unbeknownst to Cristil. Fay has a strong commitment to her faith. In March of 2000, she received a certificate for Bear Bryant’s boys, as usual, were beating up HON. STEVE ISRAEL Outstanding Christian Services from Berean OF NEW YORK on State when somebody came by the visitors’ Baptist Church in Brooklyn. In December IN THE HOUSE OF REPRESENTATIVES radio booth and whispered to Cristil, ‘Hope is 2010, she was ordained a deacon at Berean available at halftime if you want him.’ Re- Baptist Church, where she has been a mem- Wednesday, March 2, 2011 sponded Cristil, ‘Fellow, I need some hope ber for over twenty years. Mr. ISRAEL. Mr. Speaker, I rise today to right now.’ But Bob Hope did come by and did Mr. Speaker, I urge my colleagues to join honor a number of talented and dedicated do the interview. ‘One of the best halftime me in recognizing Ms. Fay Douglas-Lane. high school students in my district who were guests I ever had,’ Cristil says. ‘Funny and f chosen to be Semifinalists in the Intel Science smart.’ ’’ HONORING JACK CRISTIL FOR HIS Talent Search (STS) as well as one who was In his career, Cristil has broadcast over 58 YEAR CAREER AS THE VOICE named as a Finalist. These students are the 1,500 basketball games and 636 football OF THE MISSISSIPPI STATE future of our nation’s research and I am so games, which is nearly 63 percent and 55 per- BULLDOGS proud to recognize them today. cent, respectively, of all of Mississippi State’s Jonathan Aaron Goldman attends Plainview- games. Old Bethpage John F. Kennedy High School HON. ALAN NUNNELEE in Plainview, NY, and Intel has named him a OF MISSISSIPPI Mr. Speaker, please join me in honoring STS Finalist for his research project ‘‘Evidence IN THE HOUSE OF REPRESENTATIVES Jack Cristil’s broadcasting career and service for Link between Native Reading Language to Mississippi State University by saying as Wednesday, March 2, 2011 and Internal/External Scanning Processes.’’ Jack Cristil would say: ‘‘You can wrap it in ma- Mr. NUNNELEE. Mr. Speaker, today is a Jonathan will come to Washington, D.C. in roon and white!’’ memorable night throughout the State of Mis- March to participate in a final judging session

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.005 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E400 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 and will compete for the top award of As an active member of Quinn Chapel AME have a devastating impact on a group that $100,000. While in D.C., he will display his Church, Mr. Feaster has served as President cannot speak for themselves in the halls of work to the public as well as meet with nota- of the Laymen Organization, on the Steward Congress—poor children in sub-Saharan Afri- ca. The House version of the annual federal ble scientists and the other 39 Intel STS Final- Board, on the Trustee Board, in the Men’s Fel- funding bill ravages global health programs, ists. Being recognized as a Finalist is an ex- lowship, in the Men’s Choir, and the Chancel reducing their funding by more than $1 bil- traordinary honor and I know Jonathan will be Choir. He was initiated into Alpha Phi Alpha lion, with most cuts targeting the Presi- successful in his future endeavors. Fraternity on December 17, 1952 and is a life- dent’s Emergency Plan for AIDS Relief I also want to recognize the Intel STS time member. He is currently active with the (PEPFAR) program and the Global Fund to Semifinalists from my district. Long Island is Epsilon Upsilon Lambda (Flint Grad) chapter Fight AIDS, TB and Malaria. Other pro- fortunate to have so many quality schools with grams that contribute to maternal and child of the Fraternity. Mr. Feaster is also a lifetime health in developing countries are also af- dedicated teachers who guide talented stu- member of the Flint Chapter of the NAACP. fected. Cutting these precious resources will dents to success. The following students were Mr. Speaker, I ask the House of Represent- be measured in lives lost, as cuts will mean chosen from among 1,744 entrants to receive atives to join me in congratulating John Alfred fewer HIV-infected pregnant women tested a $1,000 award for their outstanding research. Feaster as he celebrates his 80th birthday. I and treated for HIV, fewer infants treated to In addition, their schools receive $1,000 to fur- would like to extend to him my best wishes for prevent HIV and more HIV-infected children ther excellence in scientific education. I am a delightful day and may the coming year be without access to care, support and education. Finally, these cuts will result in impressed not just by their scientific knowl- filled with happiness and good health. growth of the population of children or- edge but also by their superior commitment to f phaned by AIDS, already estimated to be 16 the scientific process. These young students million globally. Meanwhile, these cuts will represent the bright future of American innova- ‘‘DON’T CUT GLOBAL HEALTH make little difference in our budget deficit. tion, science and research and I look forward CARE’’ The investments Americans make in glob- to hearing more from them in the future: al health see incredible, tangible results Kendra Cornejo, Norman Cao, and Sharon HON. JANICE D. SCHAKOWSKY measured in lives saved. In 2010 alone, the PEPFAR program provided more than 600,000 Mary Varghese of Brentwood High School; OF ILLINOIS HIV-positive pregnant women with Arpon Paul Raksit and Marni Jordyn IN THE HOUSE OF REPRESENTATIVES antiretroviral treatment, allowing more Wasserman of Commack High School; Rachel Wednesday, March 2, 2011 than 114,000 babies to be born HIV-free. The Paula Gerber of Half Hollow Hills High School Global Fund has provided this treatment to East and Dianna Hu of Half Hollow Hills High Ms. SCHAKOWSKY. Mr. Speaker, recently an additional 1 million mothers, and HIV School West, both in Dix Hills; Jonathan Mi- Dr. Ellen Chadwick, a pediatric infectious dis- treatment to more than 3 million HIV-in- chael Nachman of Plainview who attends ease specialist from Wilmette Illinois, warned fected people around the world. What is North Shore Hebrew Academy High School in about the severe consequences that would more, for every dollar we invest in the Glob- al Fund, our international neighbors con- Great Neck; Pamela Anne Wax of Harborfields arise from cuts in critical global health initiatives, especially those that protect the lives tribute an additional two, making our lead- High School in Greenlawn; Ishwarya ership that much more important and re- Ananthabhotla of Kings Park High School; and well-being of children. In her letter to the warding. After 30 years of AIDS, we are fi- Adam Joshua Getzler, Jonathan Aaron Gold- editor, which appeared on February 24 in the nally beginning to believe in the promise of man, Jonathan Abraham Goldman, and Alex- Chicago Tribune, she lays out the many rea- an AIDS free generation in the hardest hit ander Herbert Kusher of Plainview-Old sons why we need to continue our modest regions of the world. contributions to the President’s Emergency The House’s proposed funding cuts stand to Bethpage John F. Kennedy High School; and decimate these important programs, with Gary Scott Rosenblatt, Karen Sikka, Harris Plan for AIDS Relief (PEPFAR) program and the Global Fund to Fight AIDS, TB and Ma- deadly consequences. According to PEPFAR Jacob Weber, and Deanna Ruxi Zhu of estimates, 400,000 men, women and children Syosset High School. laria. would be dropped from lifesaving treatment. As Dr. Chadwick points out, the United f Another 414,000 supported by the Global States spends less than one quarter of one Fund would be without medicines, represent- PERSONAL EXPLANATION percent of our budget on global health assist- atives there estimate. More than 32,000 ba- ance, but the benefits we obtain are enor- bies could be infected with HIV every year HON. JAMES A. HIMES mous. She writes that our funding ‘‘saves due to reduction in services to prevent moth- lives, preserves families and communities, and er-to-child transmission. Without treatment, OF CONNECTICUT one-half of these HIV-infected infants will IN THE HOUSE OF REPRESENTATIVES builds extraordinary good will toward Amer- not live to see their second birthday. Wednesday, March 2, 2011 ica.’’ It is also an investment in global and na- Even without these cuts, the unmet need is tional security, since global health crises such already great. Children in sub-Saharan Afri- Mr. HIMES. Mr. Speaker, I was unable to be as the AIDS epidemic can destabilize entire ca lack the same access to treatment that present to cast my vote on one amendment to regions. adults get—for example, in Uganda 43 per- H.R. 1. I wish the RECORD to reflect my inten- Like Dr. Chadwick, I believe that we can cent of infected adults have access to medi- tion had I been able to vote. achieve our fiscal goals without jeopardizing cation while only 18 percent of infected children have access. Children with HIV are also Had I been present for rollcall No. 125, I the lives of children around the world and would have voted ‘‘aye.’’ especially vulnerable to tuberculosis, mak- without creating global insecurity. As a mem- ing treatment of both infections particularly f ber of the President’s National Commission on difficult. HONORING JOHN FEASTER Fiscal Reform and Responsibility, I put forward Over the past several years, I have con- my own plan to achieve deficit reduction. My ducted clinical research and provided train- plan maintains global health funding and pro- ing to clinicians in Africa to increase capac- HON. DALE E. KILDEE tects the middle-class and the poor here at ity to care for kids. I have cared for many in- OF MICHIGAN fants and children with HIV/AIDS. With home. Instead, it reduces the deficit by restor- IN THE HOUSE OF REPRESENTATIVES antiretroviral treatment, I watch these chil- ing economic prosperity, cutting unnecessary dren quickly spring back to life. Even more Wednesday, March 2, 2011 weapons systems and wasteful spending in rewarding is the satisfaction of the new Mr. KILDEE. Mr. Speaker, I rise today to the Department of Defense, raising revenues mother who is told that her child is not HIV- pay tribute to John Alfred Feaster as he cele- from those who can afford to pay more, and infected because treatment from pregnancy brates his 80th birthday. A celebration will be eliminating waste and other inefficiencies in through the breastfeeding period has pro- government. tected her child. U.S. support for global held in Burton Michigan on March 19th in health—only one quarter of 1 percent of our honor of the occasion. I hope that my colleagues will take a mo- federal budget—saves lives, preserves fami- John Alfred Feaster graduated from Arkan- ment to read Dr. Chadwick’s letter and, after lies and communities, and builds extraor- sas A&M College in 1954 with a degree in ec- doing so, will reject the harsh cuts to global dinary good will toward America. onomics. He served in the U.S. military during health included in H.R. 1. The House of Representatives will not have the Korean War and was honorably dis- [From the Chicago Tribune, Feb. 24, 2011] the final word on cuts to global health. The Senate will take up the budget next, and can charged with the rank of corporal in 1956. A ‘‘DON’T CUT GLOBAL HEALTH CARE’’ and must refuse to embrace these draconian year later he married the former Lillian Battle (By Dr. Ellen Chadwick) cuts. I hope that Illinois’ two distinguished in Flint Michigan. Mr. Feaster worked at AC As a pediatric infectious diseases spe- senators will lead the charge in protecting Spark Plug retiring in 1991 and he is a mem- cialist, I am gravely concerned about federal the mothers and children in Africa whose ber of UAW Local 651. budget cuts passed by the House that will well-being depends upon their actions.

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K02MR8.008 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E401 PERSONAL EXPLANATION share with the House, the Texas Declaration partial course of legislation, carried on at a of Independence signed on this day in the far distant seat of government, by a hostile year 1836. majority, in an unknown tongue, and this HON. ADAM SMITH too, notwithstanding we have petitioned in OF WASHINGTON The Unanimous Declaration of Independence the humblest terms for the establishment of IN THE HOUSE OF REPRESENTATIVES made by the Delegates of the People of a separate state government, and have, in Texas in General Convention at the town accordance with the provisions of the na- Wednesday, March 2, 2011 of Washington on the 2nd day of March 1836 tional constitution, presented to the general Mr. SMITH of Washington. Mr. Speaker, on When a government has ceased to protect Congress a republican constitution, which Friday, February 18, 2011, during consider- the lives, liberty and property of the people, was, without just cause, contemptuously re- ation of H.R. 1, the Full Year Continuing Ap- from whom its legitimate powers are de- jected. propriations Act for Fiscal Year 2011, I re- rived, and for the advancement of whose hap- It incarcerated in a dungeon, for a long piness it was instituted, and so far from time, one of our citizens, for no other cause corded an erroneous vote on amendment being a guarantee for the enjoyment of those but a zealous endeavor to procure the accept- number 569, offered by Mr. ISSA of California. inestimable and inalienable rights, becomes ance of our constitution, and the establish- I intended to vote ‘‘no’’ on rollcall vote number an instrument in the hands of evil rulers for ment of a state government. 133. their oppression. It has failed and refused to secure, on a f When the Federal Republican Constitution firm basis, the right of trial by jury, that of their country, which they have sworn to palladium of civil liberty, and only safe TRIBUTE TO MRS. CAROLE support, no longer has a substantial exist- guarantee for the life, liberty, and property KENDRICK SPIVEY THOMAS ence, and the whole nature of their govern- of the citizen. ment has been forcibly changed, without It has failed to establish any public system their consent, from a restricted federative of education, although possessed of almost HON. PAUL C. BROUN republic, composed of sovereign states, to a boundless resources, (the public domain,) and OF GEORGIA consolidated central military despotism, in although it is an axiom in political science, IN THE HOUSE OF REPRESENTATIVES which every interest is disregarded but that that unless a people are educated and en- of the army and the priesthood, both the lightened, it is idle to expect the continu- Wednesday, March 2, 2011 eternal enemies of civil liberty, the ance of civil liberty, or the capacity for self Mr. BROUN of Georgia. Mr. Speaker, I rise everready minions of power, and the usual government. today to honor a powerful and effective teach- instruments of tyrants. It has suffered the military commandants, When, long after the spirit of the constitu- stationed among us, to exercise arbitrary er, Mrs. Carole Kendrick Spivey Thomas, of tion has departed, moderation is at length so acts of oppression and tyrrany, thus tram- Eatonton, Georgia. far lost by those in power, that even the sem- pling upon the most sacred rights of the citi- Mrs. Thomas, married to David H. Thomas blance of freedom is removed, and the forms zens, and rendering the military superior to and a mother of four, graduated from Mercer themselves of the constitution discontinued, the civil power. University with a degree in English. After grad- and so far from their petitions and It has dissolved, by force of arms, the state uation, she began a teaching career at her remonstrances being regarded, the agents Congress of Coahuila and Texas, and obliged alma mater, Putnam County High School. In who bear them are thrown into dungeons, our representatives to fly for their lives from 1971 she moved to Gatewood Schools, where and mercenary armies sent forth to force a the seat of government, thus depriving us of new government upon them at the point of the fundamental political right of represen- she has continued as an excellent educator the bayonet. tation. for the past 40 years. She earned a Specialist When, in consequence of such acts of mal- It has demanded the surrender of a number Degree and life teaching certificate in Library feasance and abdication on the part of the of our citizens, and ordered military detach- Education from the University of Georgia and government, anarchy prevails, and civil soci- ments to seize and carry them into the Inte- has also served as the school librarian. ety is dissolved into its original elements. In rior for trial, in contempt of the civil au- Since 1985, Mrs. Thomas has led the mid- such a crisis, the first law of nature, the thorities, and in defiance of the laws and the dle school trip to Washington, D.C., giving stu- right of self-preservation, the inherent and constitution. inalienable rights of the people to appeal to It has made piratical attacks upon our dents the opportunity to explore the sights of first principles, and take their political af- commerce, by commissioning foreign des- our Nation’s capital and learn about the rep- fairs into their own hands in extreme cases, peradoes, and authorizing them to seize our resentative democracy in the United States. enjoins it as a right towards themselves, and vessels, and convey the property of our citi- She has made the trip a memorable experi- a sacred obligation to their posterity, to zens to far distant ports for confiscation. ence for the students, providing them the op- abolish such government, and create another It denies us the right of worshipping the portunity to see firsthand the landmarks and in its stead, calculated to rescue them from Almighty according to the dictates of our places they previously had only read about in impending dangers, and to secure their fu- own conscience, by the support of a national religion, calculated to promote the temporal books. ture welfare and happiness. Nations, as well as individuals, are ame- interest of its human functionaries, rather In Mrs. Thomas’ teaching career, more than nable for their acts to the public opinion of than the glory of the true and living God. half a century teaching career, she has con- mankind. A statement of a part of our griev- It has demanded us to deliver up our arms, sistently shown her students how much she ances is therefore submitted to an impartial which are essential to our defence, the right- cares about their education and self-improve- world, in justification of the hazardous but ful property of freemen, and formidable only ment. Whether she is analyzing literature, re- unavoidable step now taken, of severing our to tyrannical governments. viewing projects for her students, or organizing political connection with the Mexican peo- It has invaded our country both by sea and literary competitions, Mrs. Thomas’ dedication ple, and assuming an independent attitude by land, with intent to lay waste our terri- among the nations of the earth. tory, and drive us from our homes; and has to her students and enthusiasm for her work The Mexican government, by its coloniza- now a large mercenary army advancing, to are evident and to be highly commended. tion laws, invited and induced the Anglo- carry on against us a war of extermination. Mr. Speaker, I am honored to recognize American population of Texas to colonize its It has, through its emissaries, incited the Carole Thomas’ service and dedication to the wilderness under the pledged faith of a writ- merciless savage, with the tomahawk and students of my district and congratulate her on ten constitution, that they should continue scalping knife, to massacre the inhabitants celebrating over 50 years of teaching excel- to enjoy that constitutional liberty and re- of our defenseless frontiers. lence. publican government to which they had been It hath been, during the whole time of our habituated in the land of their birth, the connection with it, the contemptible sport f United States of America. and victim of successive military revolu- CELEBRATING TEXAS’ In this expectation they have been cruelly tions, and hath continually exhibited every disappointed, inasmuch as the Mexican na- characteristic of a weak, corrupt, and INDEPENDENCE DAY tion has acquiesced in the late changes made tyrranical government. in the government by General Antonio Lopez These, and other grievances, were pa- HON. JOE BARTON de Santa Anna, who having overturned the tiently borne by the people of Texas, until they reached that point at which forbearance OF TEXAS constitution of his country, now offers us the cruel alternative, either to abandon our ceases to be a virtue. We then took up arms IN THE HOUSE OF REPRESENTATIVES homes, acquired by so many privations, or in defence of the national constitution. We Wednesday, March 2, 2011 submit to the most intolerable of all tyr- appealed to our Mexican brethren for assist- anny, the combined despotism of the sword ance. Our appeal has been made in vain. Mr. BARTON of Texas. Mr. Speaker, I rise and the priesthood. Though months have elapsed, no sympa- today in celebration of Texas’ Independence It has sacrificed our welfare to the state of thetic response has yet been heard from the Day which occurred 175 years ago and to Coahuila, by which our interests have been Interior. We are, therefore, forced to the commemorate the occasion I would like to continually depressed through a jealous and melancholy conclusion, that the Mexican

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.018 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E402 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 people have acquiesced in the destruction of eral medals, including the Bronze Star and the TEXAS INDEPENDENCE DAY—175 their liberty, and the substitution therfor of Prisoner of War Medal. Arnold suffered from YEARS AGO a military government; that they are unfit service-related injuries and in 2010 he was to be free, and incapable of self government. The necessity of self-preservation, there- awarded a check from the VA to make his HON. TED POE fore, now decrees our eternal political sepa- home handicapped-accessible. Arnold was OF TEXAS ration. truly a hero and I was so proud to help get IN THE HOUSE OF REPRESENTATIVES We, therefore, the delegates with plenary him the support he earned and deserved. Wednesday, March 2, 2011 powers of the people of Texas, in solemn con- Finally, Mr. Seamus Byrne of Smithtown, vention assembled, appealing to a candid NY, was tragically struck by a car and killed Mr. POE of Texas. Mr. Speaker, I rise today world for the necessities of our condition, do to honor the unique history of the great state hereby resolve and declare, that our political on Sunday, February 27, 2011, while walking home with his wife Michelle after celebrating of Texas. connection with the Mexican nation has for- Today, March 2, marks Texas Independ- ever ended, and that the people of Texas do his 33rd birthday with friends. Seamus served now constitute a free, Sovereign, and inde- with the New York Army National Guard Fight- ence Day. pendent republic, and are fully invested with ing 69th Infantry Regiment and was awarded On this day, 175 years ago, Texas declared all the rights and attributes which properly a Purple Heart for injuries sustained while its independence from Mexico and its dictator, belong to independent nations; and, conserving in Afghanistan. I am so saddened by Santa Anna, the 19th century Muammar scious of the rectitude of our intentions, we this, knowing Seamus was finally getting his Gadhafi. fearlessly and confidently commit the issue In 1836, in the small farm village of Wash- life back in order after his injuries and knowing to the decision of the Supreme arbiter of the ington-on-the-Brazos, 54 Texians, as they his family was finally getting their husband and destinies of nations. called themselves in those days, gathered to dad back to normal. Seamus is survived by Signed, do something bold and courageous: Sign the Richard Ellis, President of the Convention his 10-year-old son Seamus, his 3-year-old Texas Declaration of Independence and once and Delegate from Red River. daughter Ashley, and his wife, who is a nurse and for all ‘‘declare that the people of Texas Charles B. Stewart, Tho. Barnett, James and tried to save him after he was struck. Collinsworth, Edwin Waller, Asa Brigham, do now constitute a free, sovereign, and inde- John S. D. Byrom, Francis Ruis, J. Antonio Again, I am honored to have had these pendent republic.’’ Navarro, Jesse B. Badgett, Wm D. Lacy, Wil- great men in our community and am grateful As these determined delegates met to de- liam Menifee, Jn. Fisher, Matthew Caldwell, for the service they provided to our nation. clare independence, Santa Anna and 6,000 William Motley, Lorenzo de Zavala, Stephen enemy troops were marching on an old beat- H. Everett, George W. Smyth, Elijah Stapp, f up Spanish mission that we now call the Claiborne West, Wm. B. Scates, M. B. Men- Alamo, where Texas defenders stood defiant, ard, A. B. Hardin, J. W. Burton, Thos. J. HONORING THE STATE OF TEXAS Gazley, R. M. Coleman, Sterling C. Robert- stood determined. son, Geo. C. Childress, Bailey Hardeman, They were led by a 27-year-old lawyer by Rob. Potter, Thomas Jefferson Rusk, Chas. the name of William Barrett Travis. S. Taylor, John S. Roberts, Robert Ham- HON. JEB HENSARLING The Alamo and its 186 Texans were all that ilton, Collin McKinney, Albert H. Latimer, OF TEXAS stood between the invaders and the people of James Power, Sam Houston, David Thomas, IN THE HOUSE OF REPRESENTATIVES Texas. Edwd. Conrad, Martin Parmer, Edwin O. And behind the cold, dark, damp walls of Legrand, Stephen W. Blount, Jms. Gaines, Wednesday, March 2, 2011 that Alamo, Commander William Barrett Travis Wm. Clark, Jr., Sydney O. Pennington, Wm. Carrol Crawford, Jno. Turner, Benj. Briggs sent the following letter to Texas requesting Mr. HENSARLING. Mr. Speaker, today I aid. Goodrich, G. W. Barnett, James G. Swisher, would like to recognize the State of Texas on Jesse Grimes, S. Rhoads Fisher, John W. Here is what this appeal said in part: ‘‘To all Moore, John W. Bower, Saml. A. Maverick the 175th anniversary of the signing of the the people of Texas and Americans through- (from Bejar), Sam P. Carson, A. Briscoe, J. Declaration of Independence of the Republic out the world, I am besieged by a thousand or B. Woods, H. S. Kimble, Secretary. of Texas. more of the enemy under Santa Anna. I have f Texas Independence Day commemorates sustained a continual bombardment and can- the adoption of the Texas Declaration of Inde- non fire for over 24 hours, but I have not lost HONORING THE LIVES OF VET- pendence from Mexico on March 2, 1836. a man. The enemy has demanded surrender ERANS KERRY DUDKEWIC, AR- Sixty delegates from across Texas signed the at its discretion; otherwise the fort will be put NOLD BOCKSEL, AND SEAMUS declaration. Its language in many ways par- to the sword. I have answered that demand BYRNE allels our nation’s 1776 Declaration of Inde- with a cannon shot, and the flag still waves pendence. proudly over the wall. I shall never surrender HON. STEVE ISRAEL Only six days before the signing of Texas’ or retreat. I call upon you in the name of lib- OF NEW YORK declaration, 150 patriots under the command erty and patriotism and everything dear to our IN THE HOUSE OF REPRESENTATIVES of Colonel William Barret Travis made their character to come to our aid with all dispatch. If this call is neglected, I am determined to Wednesday, March 2, 2011 last stand against Santa Anna’s Mexican army at the Alamo. Though vastly outnumbered, the sustain myself for as long as possible and die Mr. ISRAEL. Mr. Speaker, I rise today to Alamo patriots were committed to the cause of like a soldier who never forgets what is due honor the lives of three veterans who passed liberty for Texas. On February 24th, Colonel his honor and that of his country. Victory or away this past weekend. Travis dispatched arguably the most historic death.’’—William Barrett Travis, Colonel, Mr. Kerry Dudkewic of Smithtown, NY, was letter in Texas history, calling for reinforce- Texas Army. 62 years old and a Vietnam veteran and lost ments. ‘‘I shall never surrender or retreat. After 13 days of glory at the Alamo, Com- his battle with cancer on Friday, February 25, Then, I call on you in the name of Liberty, of mander Travis and his men sacrificed their 2011. This past January he was finally given patriotism, and everything dear to the Amer- lives on the altar of freedom March 6, 1836. confirmation from the VA that his many ail- ican character, to come to our aid with all dis- However, those lives would not be lost in ments were indeed connected to his service patch,’’ pleaded Travis. vain. Their determination did pay off, and be- and were caused by exposure to Agent Or- cause heroes like Travis, Davy Crockett and ange. Kerry knew he was very sick and want- The strength of character and commitment Jim Bowie held out so long, Santa Anna’s ed his wife to obtain survivor benefits upon his to freedom displayed by Colonel Travis and forces took such great losses they became death. Kerry’s commitment to serving others his men has endured in the hearts of every battered and demoralized. was exhibited throughout his life and I am so Texan throughout our 175 years as a Repub- As Travis said, ‘‘Victory will cost them more grateful I was able to help him in return before lic. It is this spirit that makes Texas great, and dearly than defeat.’’ his passing. has allowed us to weather challenging times. The Alamo defenders were from every State Mr. Arnold A. Bocksel of Syosset, NY, was More than ever, I think we could use a lot and 13 foreign countries. a 97-year-old WWII veteran and passed away more of that undeniable Texas spirit and de- They were black, brown, and white. Their on Sunday, February 27, 2011, of natural termination in Washington. ages were 16 through 67, and they were all causes. Arnold survived the Bataan Death It is with great pleasure I take the time to volunteers. March and three and a half years in a Japa- recognize the great State of Texas on this They were mavericks, revolutionaries, farm- nese prison camp. Arnold was awarded sev- monumental occasion. ers, shopkeepers, and freedom fighters; and

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.021 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E403 they came together to fight for something they and Science, while focusing on political wealth this mineral rich country held, and believed in: freedom and independence. issues, as well as justice and equality. With sought to establish a more concrete set of General Sam Houston, in turn, had the time the war coming, she made the decision to laws and government. he needed to devise a strategy to rally other leave college after 3 years and go to work. Colorado officially became a territory of the Texas volunteers to ultimately defeat Santa She joined Gimbel’s Department Store in United States through the signature of Presi- Anna in the Battle of San Jacinto on April 21, 1944, became the first African-American Sales dent James Buchanan on February 28th, 1836. Representative, and she remained there until 1861. The rest is Texas history. she retired in 1975. She was also the first The Colorado Territory was formed amid the The war was over, and the Lone Star flag woman of color to become an Avon Rep- furor of succession of southern states and ma- was visible all across the broad, bold, brazen resentative and worked with the company for tured during our Civil War. Our great state is plains of Texas. 40 years. Ms. Thomas was very successful as now a destination for Americans and foreign Texas remained a nation for 9 years and a Team Leader, receiving many awards from travelers who come to behold our natural claimed land that now includes part of New the company and being featured in the 1996 beauty and engage in our superior rec- Mexico, Oklahoma, Colorado, Kansas, Wyo- February Edition of Essence Magazine in the reational activities. ming, even up to the Canadian border. Avon Ad ‘‘Black Has Never Been More Beau- f In 1845, Texas was admitted to the Union tiful.’’ by only one vote when a Louisiana Senator Corinne joined the Terrace City Chapter #26 RECOGNIZING THE 50TH ANNIVER- changed his mind. Order Eastern Star under the affiliation of her SARY OF THE PEACE CORPS By Treaty with the United States, Texas father, Worshipful Master William Grayson. may divide into five States, and the Texas flag After serving as Worthy Matron in 1970, she HON. LAURA RICHARDSON is to fly even with the U.S. flag and not below had several appointments from the Grand OF CALIFORNIA it. Chapter, which included the Grand Marshall in IN THE HOUSE OF REPRESENTATIVES Freedom has a cost. It always does. It al- the East and District Deputy Grand Matron. Wednesday, March 2, 2011 ways will. She is an honorary member of Poinsettia And as we pause to remember those who Chapter in Spring Valley and a Past Ms. RICHARDSON. Mr. Speaker, I rise lost their lives so that Texas could be a free Commandress of the Order of Cyrenes. today to recognize the 50th Anniversary of the Nation, we cannot forget those Americans that She was a member of the Nepperhan Com- Peace Corps and praise the generations of are currently fighting in lands across the seas munity Center for many years and served on volunteers who have passed through the pro- for the United States’ continued freedom and the Board of Directors and as president for 5 gram, sharing American ideals with the world liberty today. years (1960–1965). Ms. Thomas was a mem- and promoting a greater understanding of Texas Independence Day is a day of pride ber of the Social Bridge Club and is an avid world cultures on the part of Americans. and reflection in the Lone Star State. bowler in the Runyon Heights Seniors League. Mr. Speaker, there are currently 8,655 It is a day we remember to pay tribute to She is also a frequent contributor to the Run- Peace Corps volunteers serving abroad, and heroes like William Barrett Travis, Jim Bowie, yon Heights Community Newsletter. the largest portion of them, 1,134, come from Davy Crockett, Jim Bonham, Sam Houston, She is widowed and has one daughter, my home state of California. Right now, there and the rest of the volunteers who fought the Jean Ann; 2 grandsons, Jathan and Michael are 336 volunteers from the Los Angeles-Long evil tyrant and terrorist Saint Anna. It was an and one Great Grand-daughter, Katherine Beach Metropolitan Area, which encompasses effort to make Texas free, and that effort was Corinne and has 3 siblings, Muriel, Carol and my District. In fact, I am proud to say there successful. Gerald. only two metropolitan areas that produce more My first grandson is named Barrett Houston She believes in spreading love and has volunteers than my congressional district. in honor of William Barrett Travis and General spent her whole life doing just that. Her favor- Since the beginning of the program, Cali- Sam Houston. ite Bible Chapter is 1 Corinthians 13, and the fornia has produced over 27,000 Peace Corps So, today, we remember that Texas was a scripture that echoes this principle is ‘‘And volunteers, who, driven by the same pio- glorious nation once and won freedom and now these three remain: faith, hope and love. neering spirit for which California is famous, independence because some fierce volunteers But the greatest of these is love.’’ selflessly contributed a significant portion of fought to the death for liberty over tyranny. I join the Terrace City Chapter in honoring their lives to serving others. My alma mater, On this Texas Independence Day, let us not Corinne Grayson-Thomas for her many con- UCLA, has produced 92 volunteers, ranking it forget those brave men and women in our tributions to the betterment of her community. among the top 10 universities that inspire re- military that are fighting to preserve and up- f cent graduates to join the program. I salute hold our freedom from a new world threat of them all and thank them for the sacrifices they terrorism. RECOGNIZING THE 150TH ANNIVER- make every day to make the world a better Mr. Speaker, I hope that the Congress and SARY OF COLORADO BECOMING place. the country will join in celebrating this Texas A TERRITORY The history of the Peace Corps is tied to its Independence Day. founder, John F. Kennedy, when he was then In Colonel Travis’ final letter and appeal for HON. MIKE COFFMAN a candidate for President. On October 14, aid, he signed off with three words that I leave OF COLORADO 1960, he gave a speech at the University of with you now: ‘‘God and Texas.’’ ‘‘God and IN THE HOUSE OF REPRESENTATIVES Michigan and lingered afterwards with a group of students, the conversation lasting long into Texas’’ and the rest, as they say, is Texas his- Wednesday, March 2, 2011 tory. the night. During that meeting, they discussed And that’s just the way it is, Mr. Speaker. Mr. COFFMAN of Colorado. Mr. Speaker, I the idea of a government program whereby f rise today to commemorate the 150th Anniver- young Americans would be sent to developing sary of Colorado becoming a territory of the nations to aid in local projects, mostly cen- HONORING CORINNE GRAYSON- United States on February 28th, 2011. tering on education, health, and agriculture. THOMAS The territory was organized as a result of President Kennedy kept this idea and 50 the Pike’s Peak Gold Rush of 1858 through years ago he signed Executive Order 10924, HON. ELIOT L. ENGEL 1861. Given its name from the discovery of establishing the Peace Corps. It was one of OF NEW YORK gold in the foothills of the mountain named for his first acts as President. IN THE HOUSE OF REPRESENTATIVES its explorer, Zebulon Pike, this gold rush re- Peace Corps volunteers are expected to sulted in a large movement of miners and work for 27 months, during which time they Wednesday, March 2, 2011 prospectors to the area in search of their for- live and work in a developing nation with mini- Mr. ENGEL. Mr. Speaker, Corinne Grayson- tunes. mal comforts. After a training period, volun- Thomas was born in New York City to William As the initial gold deposits were collected, teers are placed in schools, community and Anna Grayson and attended NYC Public settlers moved westward into the Rocky groups, and with other organizations that lack Schools until her family moved to Runyon Mountains to search for additional deposits, the capacity to acquire professional staff with Heights in Yonkers, New York. She was the forming camps wherever they were discov- specialized skills. Volunteers live on a small first African American woman to graduate from ered. Denver became the central supply town stipend and must adapt to the unique chal- Roosevelt High School, in 1932. She attended for these prospectors. More permanent mines lenges posed by living in a different place with City College of New York, majoring in History emerged and settlers understood the vast different cultures.

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.022 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E404 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2011 Volunteers started arriving in five countries serve the public interest. In this way, the under the Compacts, citizens of these coun- through 1962. In just under six years under Peace Corps improves America as it does any tries can enter the United States without a the leadership of its first Director, Sargent other country. visa. Thus, children whose parents are citi- Shriver, the Peace Corps developed programs Mr. Speaker, since the age of 6 I have zens of the FAS are in schools in the states in 55 countries with a volunteer count of more wanted to work for others, and though I was and territories under a special immigration cat- than 15,000. As of now, over 200,000 Ameri- a little girl at the time, I was touched by the egory and are federally connected just as chil- cans have served in 139 developing countries. energy of President Kennedy and came of age dren of military families are similarly federally Whole families have served in the program, as the Peace Corps flourished. The spirit of connected. This legislation would provide a which leads me to believe that the Peace service has never left me. The ideals of the means for the federal government to provide Corps is an American institution, its value Peace Corps fell across a generation, and to assistance to impacted local education au- time-tested and its image recognized on a all those volunteers who heeded the call, I thorities. global scale. thank you for your service. Mr. Speaker, the economic downturn has As a Member of Congress dedicated to f forced many local school districts to cut edu- strengthening American security, at home and cation budgets. This is a longstanding issue abroad, I can think of no other American pro- INTRODUCTION OF IMPROVING for affected jurisdictions and they need this to gram that does better work to promote peace COMPACT-IMPACT ASSISTANCE be redressed now more than ever. I will con- and goodwill at the grassroots level among ev- FOR EDUCATION tinue to make this, and all unreimbursed com- eryday people in the world’s developing coun- pact-impact funds, a priority in the 112th Con- tries. Every Peace Corps volunteer is an am- HON. MADELEINE Z. BORDALLO gress. I would like to thank Mr. bassador, living simply and building lasting re- OF GUAM FALEOMAVAEGA, Mr. SABLAN, Mr. PIERLUISI, Mr. lationships with their community partners, day IN THE HOUSE OF REPRESENTATIVES HONDA, and Ms. HANABUSA for their support as in and day out. Some of these partners have original co-sponsors. I will work with these co- gone on to serve their own countries inter- Wednesday, March 2, 2011 sponsors to pass this bill. nationally as diplomats. Many more become Ms. BORDALLO. Mr. Speaker, I rise today teachers, businesspeople, and local leaders to re-introduce a bill to expand the Federal Im- f who invest in their country, continuing and impact Aid Program to reimburse schools for the OUR UNCONSCIONABLE NATIONAL proving upon the work inspired by a Peace costs of educating students from the Freely DEBT Corps volunteer. In making more friends Associated States (FAS), residing in the around the globe and helping people take the United States, including the territories. This lead in solving their own problems through col- legislation was H.R. 4695 in the 111th Con- HON. MIKE COFFMAN laborative means, the Peace Corps makes the gress and it enjoyed bipartisan support. Im- OF COLORADO world safer. pact Aid was originally authorized by the Ele- IN THE HOUSE OF REPRESENTATIVES mentary and Secondary Education Act in 1965 Mr. Speaker, in addition to building institu- Wednesday, March 2, 2011 tional capacity and promoting a positive model to compensate local school districts for the of Americans abroad, the Peace Corps has a costs of educating federally connected chil- Mr. COFFMAN of Colorado. Mr. Speaker, third component: It educates Americans about dren. Examples of these kinds of students in- today our national debt is the world beyond our shores and promotes clude those whose parents live on military $14,172,957,589,856.62. long-term cross-cultural understanding. Re- bases, live on Indian lands, or are the children On January 6th, 2009, the start of the 111th turned Peace Corps volunteers will talk about of accredited foreign diplomats. However, the Congress, the national debt was their experiences and offer insights into the Impact Aid Program does not compensate $10,638,425,746,293.80. cultures of their host countries for the rest of local schools for the costs incurred by edu- This means the national debt has increased their lives. They will seek out public forums cating students from the FAS. by $3,534,531,843,562.80 since then. and encourage others interested in making the The United States entered into the Com- This debt and its interest payments we are journey. They will possess a perspective of pacts of Free Association with the Republic of passing to our children and all future Ameri- the world, and of its inhabitants, unattainable the Marshall Islands, the Federated States of cans. by any other means. They will also continue to Micronesia, and the Republic of Palau and

VerDate Mar 15 2010 05:13 Mar 03, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.025 E02MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 2, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E405 SENATE COMMITTEE MEETINGS Homeland Security and Governmental Af- Homeland Security and Governmental Af- fairs fairs Title IV of Senate Resolution 4, Oversight of Government Management, the Federal Financial Management, Govern- agreed to by the Senate on February 4, Federal Workforce, and the District of ment Information, Federal Services, 1977, calls for establishment of a sys- Columbia Subcommittee and International Security Sub- committee tem for a computerized schedule of all To hold hearings to examine State De- partment training, focusing on invest- To hold hearings to examine new tools meetings and hearings of Senate com- for curbing waste and fraud in Medi- ing in the workforce to address 21st mittees, subcommittees, joint commit- care and Medicaid. century challenges. tees, and committees of conference. SD–342 SD–342 3 p.m. This title requires all such committees 10:30 a.m. to notify the Office of the Senate Daily Appropriations Appropriations Department of the Interior, Environment, Digest—designated by the Rules Com- To hold hearings to examine proposed and Related Agencies Subcommittee mittee—of the time, place, and purpose budget estimates for fiscal year 2012. To hold hearings to examine proposed of the meetings, when scheduled, and SH–216 budget estimates for fiscal year 2012 for any cancellations or changes in the Commerce, Science, and Transportation the Department of the Interior. meetings as they occur. Oceans, Atmosphere, Fisheries, and Coast SD–124 Guard Subcommittee As an additional procedure along To hold hearings to examine implemen- MARCH 10 with the computerization of this infor- tation of the ‘‘Magnuson-Stevens Fish- 9:30 a.m. mation, the Office of the Senate Daily ery Conservation and Management Armed Services Digest will prepare this information for Act’’. To hold hearings to examine on the cur- printing in the Extensions of Remarks SR–253 rent and future worldwide threats to the national security of the United section of the CONGRESSIONAL RECORD 2:30 p.m. Commerce, Science, and Transportation States; with the possibility of a closed on Monday and Wednesday of each session in SH–219 following the open week. To hold hearings to examine the Presi- dent’s proposed budget request for fis- session. SD–G50 Meetings scheduled for Thursday, cal year 2012 for the Department of Energy and Natural Resources Transportation. March 3, 2011 may be found in the Daily To hold hearings to examine S. 398, to Digest of today’s RECORD. SR–253 amend the Energy Policy and Con- Homeland Security and Governmental Af- servation Act to improve energy effi- fairs ciency of certain appliances and equip- MEETINGS SCHEDULED To hold hearings to examine the nomina- ment, and S. 395, to repeal certain MARCH 4 tion of Heather A. Higginbottom, of amendments to the Energy Policy and 9:30 a.m. the District of Columbia, to be Deputy Conservation Act with respect to light- Joint Economic Committee Director of the Office of Management ing energy efficiency. To hold hearings to examine the employ- and Budget, Executive Office of the SD–366 ment situation for February 2011. President. Appropriations SH–216 SD–342 Transportation and Housing and Urban De- Intelligence velopment, and Related Agencies Sub- MARCH 8 To hold closed hearings to examine cer- committee To hold hearings to examine proposed 9:30 a.m. tain intelligence matters. budget estimates for fiscal year 2012 for Armed Services SH–219 the Department of Transportation. To hold hearings to examine the Depart- SD–138 ment of the Navy in review of the De- MARCH 9 10 a.m. fense Authorization request for fiscal 10 a.m. Homeland Security and Governmental Af- year 2012 and the Future Years Defense Budget fairs Program; with the possibility of a To hold hearings to examine distribution To hold hearings to examine the nomina- closed session in SH–219 following the and efficiency of spending in the tax tion of Carolyn N. Lerner, of Maryland, open session. code. to be Special Counsel, Office of Special SD–G50 SD–608 Counsel. Veterans’ Affairs Finance SD–342 To hold joint hearings to examine the To hold hearings to examine the Presi- 2:30 p.m. legislative presentation from Veterans Intelligence of Foreign Wars. dent’s 2011 trade agenda. To hold closed hearings to examine cer- 345, Cannon Building SD–215 tain intelligence matters. 10 a.m. Judiciary SH–219 Banking, Housing, and Urban Affairs To hold an oversight hearing to examine 3 p.m. To hold hearings to examine the nomina- the Department of Homeland Security. Homeland Security and Governmental Af- tions of Peter A. Diamond, of Massa- SD–226 fairs chusetts, to be a Member of the Board Small Business and Entrepreneurship To hold hearings to examine information of Governors of the Federal Reserve Business meeting to mark up the Small sharing in the era of WikiLeaks, focus- System, and Katharine G. Abraham, of Business Innovation Research (SBIR) ing on balancing security and collabo- Iowa, and Carl Shapiro, of California, and Small Business Technology Trans- ration. both to be a Member of the Council of fer (STTR) Reauthorization Act of 2011. SD–342 Economic Advisers, Executive Office of SR–428A the President. 2:15 p.m. MARCH 15 SD–538 Environment and Public Works 10:15 a.m. Budget To hold hearings to examine the Presi- To hold hearings to examine the report Judiciary dent’s proposed budget request for fis- To hold hearings to examine the ‘‘Free- of the National Commission on Fiscal cal year 2012 for the Federal Highway Responsibility and Reform. dom of Information Act’’, focusing on Administration. SD–608 ensuring transparency and account- SD–406 Energy and Natural Resources ability in the digital age. 2:30 p.m. To hold hearings to examine the nomina- SD–226 tion of Peter Bruce Lyons, of New Mex- Banking, Housing, and Urban Affairs ico, to be Assistant Secretary of En- To hold hearings to examine the state of MARCH 16 ergy for Nuclear Energy. the housing market. 9:30 a.m. SD–366 SD–538 Veterans’ Affairs Finance Commerce, Science, and Transportation To hold joint hearings to examine the To hold hearings to examine if the tax To hold hearings to examine realizing legislative presentations from system supports economic efficiency, NASA’s potential, focusing on pro- AMVETS, Jewish War Veterans, Mili- job creation and broad-based economic grammatic challenges in the 21st cen- tary Officers Association of America, growth. tury. Gold Star Wives, Blinded Veterans As- SD–215 SR–253 sociation, Non Commissioned Officers

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HIGHLIGHTS Senate passed H.J. Res. 44, Further Continuing Appropriations. Senate Constitution. (A unanimous-consent agreement was Chamber Action reached providing that the amendment, having failed Routine Proceedings, pages S1077–S1169 to achieve 60 affirmative votes, was not agreed to). Measures Introduced: Thirty-seven bills and one Pages S1089, S1107–11 resolution were introduced, as follows: S. 430–466, Pending: and S. Con. Res. 9. Pages S1119–20 Leahy Amendment No. 114, to improve the bill. Measures Passed: Page S1089 Bennet Amendment No. 116, to reduce the fee Authorizing Committee Expenditures: Senate amounts paid by small entities requesting prioritized agreed to S. Res. 81, authorizing expenditures by examination under Three-Track Examination. committees of the Senate for the periods March 1, 2011, through September 30, 2011, and October 1, Page S1089 2011, through September 30, 2012, and October 1, Feinstein Amendment No. 133, to strike the first inventor to file requirement. 2012, through February 28, 2013. Pages S1078–83 Pages S1093–98, S1104–07, S1112–14 Further Continuing Appropriations: By 91 A unanimous-consent agreement was reached pro- yeas to 9 nays (Vote No. 29), Senate passed H.J. viding that notwithstanding the Tuesday, March 1, Res. 44, making further continuing appropriations 2011 adoption of the Leahy-Grassley Modified for fiscal year 2011. Pages S1088–89 Amendment No. 121, that the amendment be fur- Measures Considered: ther modified. Page S1109 Patent Reform Act—Agreement: Senate contin- A unanimous-consent agreement was reached pro- ued consideration of S. 23, to amend title 35, viding for further consideration of the bill at ap- United States Code, to provide for patent reform, proximately 11 a.m., on Thursday, March 3, 2011. taking action on the following amendments proposed Page S1167 thereto: Pages S1089–S1114 Appointments: Adopted: Bennet/Udall (CO) Modified Amendment No. Canada-U.S. Interparliamentary Group: The 117, to establish additional USPTO satellite offices. Chair, on behalf of the Vice President, pursuant to Pages S1089, S1092–93 22 U.S.C. 276d–276g, as amended, appointed the Kirk/Pryor Amendment No. 123, to provide a fast following Senator as Chairman of the Senate Delega- lane for small businesses within the U.S. Patent and tion to the Canada-U.S. Interparliamentary Group Trademark Office to receive information and support conference during the 112th Congress: Senator regarding patent filing issues. Pages S1089, S1093 Klobuchar. Page S1167 Menendez Modified Amendment No. 124, to pro- Message from the President: Senate received the vide for prioritized examination for technologies im- following message from the President of the United portant to American competitiveness. States: Pages S1089, S1111–12 Rejected: Transmitting, pursuant to law, the continuation of By 58 yeas to 40 nays (Vote No. 30), Lee Amend- the national emergency originally declared in execu- ment No. 115, to express the sense of the Senate in tive order 13288 on March 6, 2003, with respect to support of a balanced budget amendment to the the actions and policies of certain members of the D174

VerDate Mar 15 2010 00:26 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D02MR1.REC D02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D175 Government of Zimbabwe and other persons to un- Statements on Introduced Bills/Resolutions: dermine Zimbabwe’s democratic processes or institu- Pages S1121–45 tions; which was referred to the Committee on Additional Statements: Pages S1117–18 Banking, Housing, and Urban Affairs. (PM–6) Page S1118 Amendments Submitted: Pages S1145–64 Nominations Confirmed: Senate confirmed the fol- Authorities for Committees to Meet: Page S1165 lowing nominations: Record Votes: Two record votes were taken today. 4 Air Force nominations in the rank of general. (Total—30) Pages S1089, S1111 13 Army nominations in the rank of general. Adjournment: Senate convened at 9:30 a.m. and 11 Marine Corps nominations in the rank of gen- adjourned at 6:45 p.m., until 10 a.m. on Thursday, eral. March 3, 2011. (For Senate’s program, see the re- Routine lists in the Air Force, Army, Foreign marks of the Majority Leader in today’s Record on Service, Marine Corps, Navy, and Public Health page S1167.) Service. Pages S1165–67, S1167–69 Nominations Received: Senate received the following nominations: Committee Meetings Walter A. Barrows, of Virginia, to be a Member of the Railroad Retirement Board for a term expir- (Committees not listed did not meet) ing August 28, 2014. Nannette Jolivette Brown, of Louisiana, to be APPROPRIATIONS: DEPARTMENT OF United States District Judge for the Eastern District HOMELAND SECURITY of Louisiana. Committee on Appropriations: Subcommittee on Home- Wilma Antoinette Lewis, of the District of Co- land Security concluded a hearing to examine pro- lumbia, to be Judge for the District Court of the posed budget estimates for fiscal year 2012 for the Virgin Islands for a term of ten years. Department of Homeland Security, after receiving Nancy Torresen, of Maine, to be United States testimony from Janet Napolitano, Secretary of District Judge for the District of Maine. Homeland Security. S. Amanda Marshall, of Oregon, to be United States Attorney for the District of Oregon for the term of four years. APPROPRIATIONS: DEPARTMENT OF Thomas Gray Walker, of North Carolina, to be STATE AND FOREIGN OPERATIONS United States Attorney for the Eastern District of Committee on Appropriations: Subcommittee on State, North Carolina for the term of four years. Foreign Operations, and Related Programs concluded Felicia C. Adams, of Mississippi, to be United a hearing to examine proposed budget estimates for States Attorney for the Northern District of Mis- fiscal year 2012 for the Department of State and sissippi for the term of four years. Foreign Operations, after receiving testimony from Clayton D. Johnson, of Oklahoma, to be United Hillary Rodham Clinton, Secretary of State. States Marshal for the Northern District of Okla- homa for the term of four years. DEPARTMENT OF ENERGY BUDGET Alfred Cooper Lomax, of Missouri, to be United Committee on the Budget: Committee concluded a hear- States Marshal for the Western District of Missouri ing to examine the President’s proposed budget re- for the term of four years. quest for fiscal year 2012 for the Department of En- Charles F. Salina, of New York, to be United ergy, after receiving testimony from Steven Chu, States Marshal for the Western District of New York Secretary of Energy. for the term of four years. David V. Brewer, of Oregon, to be a Member of the Board of Directors of the State Justice Institute THE FUTURE OF AMERICAN for a term expiring September 17, 2013. MANUFACTURING A routine list in the National Oceanic and At- Committee on Commerce, Science, and Transportation: mospheric Administration. Page S1167 Committee concluded a hearing to examine the future of American manufacturing, focusing on main- Messages from the House: Page S1118 taining America’s competitive edge, after receiving Executive Communications: Pages S1118–19 testimony from Representative Hoyer; and Gary Additional Cosponsors: Pages S1120–21 Locke, Secretary of Commerce.

VerDate Mar 15 2010 00:26 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D02MR1.REC D02MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D176 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 2011 DEPARTMENT OF THE INTERIOR BUDGET from Senator Harkin; Robert L. Gordon III, Deputy Committee on Energy and Natural Resources: Committee Assistant Secretary of Defense for Military Commu- concluded a hearing to examine the President’s pro- nity and Family Policy; George A. Scott, Director, posed budget request for fiscal year 2012 for the De- Education, Workforce, and Income Security, Govern- partment of the Interior, after receiving testimony ment Accountability Office; and Kathryn McMurtry from Ken Salazar, Secretary of the Interior. Snead, Servicemembers Opportunity Colleges, At- lanta, Georgia. ENVIRONMENTAL PROTECTION AGENCY BUDGET IMPROVING EMPLOYMENT Committee on Environment and Public Works: Com- OPPORTUNITIES mittee concluded a hearing to examine the Presi- Committee on Health, Education, Labor, and Pensions: dent’s proposed budget request for fiscal year 2012 Committee concluded a hearing to examine improv- for the Environmental Protection Agency, after re- ing employment opportunities for people with intel- ceiving testimony from Lisa P. Jackson, Adminis- lectual disabilities, after receiving testimony from trator, Environmental Protection Agency. Lynnae Ruttledge, Commissioner, Rehabilitation PREVENTING HEALTH CARE FRAUD Services Administration, Department of Education; Sharon Lewis, Commissioner, Administration on De- Committee on Finance: Committee concluded a hearing velopmental Disabilities, Administration for Chil- to examine preventing health care fraud, focusing on dren and Families, Department of Health and new tools and approaches to combat old challenges, Human Services; Joan K. Evans, Wyoming Depart- after receiving testimony from Peter Budetti, Deputy ment of Workforce Services Director, Cheyenne; Administrator and Director, Center for Program In- Randy Lewis, Walgreens, Co., Deerfield, Illinois; tegrity, Centers for Medicare and Medicaid Services, David Egan, Booz Allen Hamilton, Vienna, Virginia; and Daniel R. Levinson, Inspector General, both of and William E. Kiernan, University of Massachusetts the Department of Health and Human Services. Boston Institute for Community Inclusion. INTERNATIONAL AFFAIRS BUDGET MISSING CHILDREN Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee concluded a a hearing to examine national security and foreign hearing to examine helping law enforcement find policy priorities in the fiscal year 2012 International missing children, after receiving testimony from Affairs Budget, after receiving testimony from Hil- Kevin L. Perkins, Assistant Director, Criminal Inves- lary Rodham Clinton, Secretary of State. tigative Division, Federal Bureau of Investigation, STREAMLINING THE NOMINATIONS Department of Justice; Patty Wetterling, Jacob PROCESS Wetterling Resource Center, St. Paul, Minnesota; Committee on Homeland Security and Governmental Af- Ernie Allen, National Center for Missing and Ex- fairs: Committee concluded a hearing to examine ploited Children, Alexandria, Virginia; James J. eliminating bottlenecks, focusing on streamlining Keightly, Keightly and Ashner LLP, Washington, the nominations process, after receiving testimony D.C.; and Thea M. Pirnat, Fairfax County Police from Clay Johnson III, Commission to Reform the Criminal Investigations Bureau Child Exploitation Federal Appointments Process, Austin, Texas; Max Unit, Fairfax, Virginia. Stier, Partnership for Public Service, Washington, NOMINATIONS D.C.; and Robert Dove, former Parliamentarian of the United States Senate, Falls Church, Virginia. Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Goodwin Liu, MILITARY’S TUITION ASSISTANCE of California, to be United States Circuit Judge for PROGRAM the Ninth Circuit, Kevin Hunter Sharp, to be Committee on Homeland Security and Governmental Af- United States District Judge for the Middle District fairs: Subcommittee on Federal Financial Manage- of Tennessee, who was introduced by Senators Alex- ment, Government Information, Federal Services, ander and Corker, Roy Bale Dalton, Jr., to be and International Security concluded a hearing to ex- United States District Judge for the Middle District amine preventing abuse of the Military’s Tuition As- of Florida, who was introduced by Senators Nelson sistance Program, focusing on the military’s over- (FL) and Rubio, and Claire C. Cecchi, and Esther sight of schools receiving Tuition Assistance funds Salas, both to be United States District Judge for the and the extent of military coordination with accred- District of New Jersey, both introduced by Senators iting agencies and the Department of Education in Lautenberg and Menendez, after the nominees testi- its oversight activities, after receiving testimony fied and answered questions in their own behalf.

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DEPARTMENT OF VETERANS AFFAIRS ter, Wilmington, on behalf of the American Federa- BUDGET tion of Government Employees (AFL–CIO). Committee on Veterans’ Affairs: Committee concluded a hearing to examine the President’s proposed budget ENDING ELDER ABUSE request for fiscal year 2012 for the Department of Special Committee on Aging: Committee concluded a Veterans Affairs, focusing on the Independent Budg- hearing to examine ending elder abuse, neglect and et, after receiving testimony from Eric K. Shinseki, financial exploitation, including challenges state Secretary, Robert A. Petzel, Under Secretary for Adult Protective Services programs face in identi- Health, Michael Walcoff, Acting Under Secretary for fying, investigating, and resolving elder abuse cases, Benefits, Steve L. Muro, Acting Under Secretary for after receiving testimony from Kay E. Brown, Direc- Memorial Affairs, Roger W. Baker, Assistant Sec- tor, Education, Workforce, and Income Security, retary for Information and Technology, and W. Government Accountability Office; Kathleen M. Todd Grams, Acting Assistant Secretary for Manage- Quinn, National Adult Protective Services Associa- ment, all of the Department of Veterans Affairs; Carl tion, and Marie-Therese Connolly, Woodrow Wilson Blake, Paralyzed Veterans of America, Joseph A. International Center for Scholars, both of Wash- Violante, Disabled American Veterans, Raymond C. ington, D.C.; Mark Lachs, New York Presbyterian Kelley, Veterans of Foreign Wars, and Tim Tetz, Health Care System, New York, New York; Bonnie The American Legion, all of Washington, D.C.; Brandl, National Clearinghouse on Abuse in Late Christina M. Roof, AMVETS, Lanham, Maryland; Life, Superior, Colorado; and Mickey Rooney, Los and Maryann D. Hooker, Delaware VA Medical Cen- Angeles, California. h House of Representatives eration of H.R. 4, to repeal the expansion of infor- Chamber Action mation reporting requirements for payments of $600 Public Bills and Resolutions Introduced: 24 pub- or more to corporations, by a yea-and-nay vote of lic bills, H.R. 867–890; and 4 resolutions, H. Res. 252 yeas to 175 nays, Roll No. 157, after the pre- 136–139 were introduced. Pages H1523–24 vious question was ordered by a yea-and-nay vote of Additional Cosponsors: Page H1525 243 yeas to 185 nays, Roll No. 156. Pages H1465–73, H1480–81 Reports Filed: Reports were filed today as follows: H.R. 525, to amend the Public Health Service Surface Transportation Extension Act of 2011: The House passed H.R. 662, to provide an extension Act to enhance and increase the number of veterinar- of Federal-aid highway, highway safety, motor carrier ians trained in veterinary public health (H. Rept. safety, transit, and other programs funded out of the 112–22); Highway Trust Fund pending enactment of a H.R. 528, to require the submission of a report multiyear law reauthorizing such programs, by a re- to the Congress on parasitic disease among poor corded vote of 421 ayes to 4 noes, Roll No. 160. Americans (H. Rept. 112–23); and Pages H1473–80, H1482–94 H.R. 570, to amend the Public Health Service Rejected the Polis motion to recommit the bill to Act to enhance the roles of dentists and allied dental the Committee on Transportation and Infrastructure personnel in the Nation’s disaster response frame- with instructions to report the same back to the work, and for other purposes (H. Rept. 112–24). House forthwith with an amendment, by a recorded Page H1523 vote of 181 ayes to 246 noes with 2 voting Speaker: Read a letter from the Speaker wherein he ‘‘present’’, Roll No. 159. Pages H1491–93 appointed Representative Yoder to act as Speaker pro Agreed to: tempore for today. Page H1457 Mica amendment (printed in H. Rept. 112–20) that makes three technical changes to correct draft- Recess: The House recessed at 10:32 a.m. and re- ing errors in the bill (by a yea-and-nay vote of 422 convened at 12 noon. Page H1462 yeas with none voting ‘‘nay’’, Roll No. 158). Small Business Paperwork Mandate Elimination Pages H1490–91 Act of 2011—Rule for Consideration: The House H. Res. 128, the rule providing for consideration agreed to H. Res. 129, the rule providing for consid- of the bill, was agreed to by a yea-and-nay vote of

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heard from John McHugh, Secretary of the Army; titled ‘‘Terrorist Threat to the U.S. Homeland—Al and GEN George W. Casey, Jr., Chief of Staff, USA. Qaeda in the Arabian Peninsula (AQAP).’’ Testi- STRATEGIC FORCES mony was heard from public witnesses. Committee on Armed Services: Subcommittee on Stra- COMMITTEE FUNDING tegic Forces held a hearing on the status of U.S. Committee on House Administration: Continued a hear- Strategic Forces. Testimony was heard from Gen. ing on Committee Funding for the 112th Congress. Robert Kehler, Commander, Strategic Command, USAF; James N. Miller, Principal Deputy Under FY 2012 BUDGET—FISH AND WILDLIFE Secretary of Defense for Policy, DOD; and public SERVICES; AND THE OFFICE OF INSULAR witnesses. AFFAIRS MEDICAID AND MEDICARE Committee on Natural Resources: Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs held Committee on Energy and Commerce: Subcommittee on an oversight hearing on the Department of the Inte- Oversight and Investigations held a hearing entitled rior spending for the U.S. Fish and Wildlife Service ‘‘Waste, Fraud, and Abuse: A Continuing Threat to and the Office of Insular Affairs and the President’s Medicare and Medicaid.’’ Testimony was heard from Fiscal Year 2012 budget request for the U.S. Fish the following Department of Health and Human and Wildlife Service and the Office of Insular Af- Services officials: John Spiegel, Director of Medicare fairs. Testimony was heard from Togiola Tulafono, Program Integrity, Centers for Medicare and Med- Governor of American Samoa; Tom Bussanich, Di- icaid Services; Gerald T. Roy, Deputy Inspector rector, Budget and Grants Management Division, General for Investigations, Office of the Inspector Office of Insular Affairs, Department of the Interior; General; Omar Perez, Assistant Special Agent in and Rowan Gold, Acting Director, Fish and Wildlife Charge, Office of Inspector General; and Kathleen Service, Department of the Interior. King, Director, Health Care Division, GAO. BUREAU OF RECLAMATION AND MONETARY POLICY AND THE ECONOMY GEOLOGICAL SURVEY’S WATER Committee on Financial Services: Held a hearing on RESOURCES monetary policy and the state of the economy. Testi- Committee on Natural Resources: Subcommittee on mony was heard from Ben S. Bernanke, Chairman, Water and Power held an oversight hearing on ex- Federal Reserve Board of Governors. amining the spending, priorities and the missions of SMALL FINANCIAL INSTITUTIONS AND the Bureau of Reclamation and the U.S. Geological SMALL BUSINESSES Survey’s Water Resources program. Testimony was Committee on Financial Services: Subcommittee on Fi- heard from the following Department of the Interior nancial Institutions and Consumer Credit held a officials: Mike L. Connor, Commissioner, Bureau of hearing entitled ‘‘The Effect of Dodd-Frank on Small Reclamation; and William Werkheiser, Associate Di- Financial Institutions and Small Businesses.’’ Testi- rector for Water, Geological Services. mony was heard from public witnesses. LEAVING IRAQ INEFFECTIVE FORECLOSURE MITIGATION Committee on Oversight and Government Reform: Sub- Committee on Financial Services: Subcommittee on In- committee on National Security, Homeland Defense, surance, Housing and Community Opportunity held and Foreign Operations held a hearing on U.S. Mili- a hearing entitled ‘‘Legislative Proposals to End Tax- tary Leaving Iraq: Is the State Department Ready? payer Funding for Ineffective Foreclosure Mitigation Testimony was heard from Patrick Kennedy, Under Programs.’’ Testimony was heard from Neil M. Secretary for Management, Department of States; Al- Barofsky, Special Inspector General for the Troubled exander Vershbow, Assistant Secretary of Defense, Asset Relief Program, Office of the Inspector Gen- International Security Affairs, DOD; Frank Kendall, eral; David Stevens, Assistant Secretary for Housing Principal Under Secretary of Defense Acquisition, and Commissioner of the Federal Housing Adminis- Technology and Logistics, DOD; Stuart Bowen, Jr. tration, HUD; Mercedes M. Marquez, Assistant Sec- Inspector General, Iraq Reconstruction; and the fol- retary, Community Planning and Development, lowing Commission on Wartime Contracting offi- HUD; and Katie Jones, Analyst in Housing Policy, cials: Grant Green, Commissioner; and Michael CRS, Library of Congress. Thibault, Co-Chair. AL-QAEDA IN THE ARABIAN PENNINSULA LOOMING CRISIS AT USPS Committee on Homeland Security: Subcommittee on Committee on Oversight and Government Reform: Sub- Counterterrorism and Intelligence held a hearing en- committee on Federal Workforce, U.S. Postal Service

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Committee on Science, Space, and Technology: Held a Committee on Foreign Relations: to hold hearings to exam- hearing on the National Aeronautics and Space Ad- ine navigating a turbulent global economy, focusing on ministration FY 2012 Budget Request. Testimony implications for the United States, 2:30 p.m., SD–419. was heard from Charles F. Bolden, Jr., Adminis- Committee on the Judiciary: business meeting to consider trator, NASA. S. 193, to extend the sunset of certain provisions of the USA PATRIOT Act, S. 49, to amend the Federal anti- FY 2012 BUDGET—SMALL BUSINESS trust laws to provide expanded coverage and to eliminate Committee on Small Business: Held a hearing on the exemptions from such laws that are contrary to the public Small Business Administration FY 2012 Budget Re- interest with respect to railroads, S. 222, to limit investor quest. Testimony was heard from Karen Mills, Ad- and homeowner losses in foreclosures, and the nomina- ministrator, Small Business Administration. tions of Caitlin Joan Halligan, of New York, to be United States Circuit Judge for the District of Columbia FY 2012 BUDGET—EPA Circuit, Mae A. D’Agostino, to be United States District Committee on Transportation and Infrastructure: Sub- Judge for the Northern District of New York, Jimmie V. committee on Water Resources and Environment Reyna, of Maryland, to be United States Circuit Judge for held a hearing on Review of the FY 2012 Budget the Federal Circuit, John A. Kronstadt, to be United States District Judge for the Central District of Cali- and Priorities of the Environmental Protection Agen- fornia, Vincent L. Briccetti, to be United States District cy: Impacts on Jobs, Liberty, and the Economy. Tes- Judge for the Southern District of New York, Arenda L. timony was heard from Nancy Stoner, Acting Assist- Wright Allen, to be United States District Judge for the ant Administrator, Office of Water, EPA; and Mathy Eastern District of Virginia, and Michael Francis Stanislaus, Assitant Administrator, Office of Solid Urbanski, to be United States District Judge for the Waste and Emergency Response, EPA. Western District of Virginia, and Timothy J. Feighery, of New York, to be Chairman of the Foreign Claims Set- tlement Commission of the United States, Department of Joint Meetings Justice, 10 a.m., SD–226. No joint committee meetings were held. Committee on Small Business and Entrepreneurship: to hold f hearings to examine exploring minority access to capital and contracting opportunities, 10 a.m., SR–428A. COMMITTEE MEETINGS FOR THURSDAY, Select Committee on Intelligence: to hold closed hearings to MARCH 3, 2011 examine certain intelligence matters, 2:30 p.m., SH–219. (Committee meetings are open unless otherwise indicated) House Committee on Appropriations, Subcommittee on Com- Senate merce, Justice, Science, and Related Agencies Appropria- Committee on Agriculture, Nutrition, and Forestry: to hold tions, on NASA FY 2012 Budget Request, 10 a.m., an oversight hearing to examine the implementation of 2362–A Rayburn. Title VII of the ‘‘Wall Street Reform and Consumer Pro- Subcommittee on Interior, Environment, and Related tection Act’’, 2:30 p.m., SR–328A. Agencies Appropriations, oversight hearing on FY 2012 Committee on Appropriations: Subcommittee on Transpor- Budget Oversight, 9:30 a.m., 2359 Rayburn. tation and Housing and Urban Development, and Related Subcommittee on State, Foreign Operations and Re- Agencies, to hold hearings to examine proposed budget lated Agencies Appropriations, oversight of the State De- estimates for fiscal year 2012 for the Department of partment and foreign operations programs, 1 p.m., Housing and Urban Development, 10 a.m., SD–138. HT–2, the Capitol. Subcommittee on Legislative Branch, to hold hearings Committee on Armed Services, hearing on the FY 2012 na- to examine proposed budget estimates for fiscal year 2012 tional defense authorization budget requests from the for the Office of the Architect of the Capitol, and the Of- U.S. Central Command and the U.S. Special Operations fice of Compliance, 2:30 p.m., SD–138. Command, 1 p.m., 2118 Rayburn. Committee on Armed Services: to hold hearings to examine Subcommittee on Readiness, hearing on Are We the nomination of General Martin E. Dempsey, USA for Ready? An Independent Look at the Required Readiness reappointment to the grade of general and to be Chief of Posture of U.S. Forces, 10 a.m., 2212 Rayburn.

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Committee on Education and the Workforce, Subcommittee Committee on Natural Resources, oversight hearing on De- on Workforce Protections, hearing on Examining Recent partment of the Interior Spending and the President’s Fis- Regulatory and Enforcement Actions of the Mine Safety cal Year 2012 Budget Proposal, 10 a.m., 1324 Long- and Health Administration, 10 a.m., 2175 Rayburn. worth. Committee on Energy and Commerce, Subcommittee on Committee on Oversight and Government Reform, hearing on Commerce, Manufacturing, and Trade, hearing entitled the Refuse of the Federal Spending Binge: How U.S. ‘‘Made in America: Innovations in Job Creation and Eco- Taxpayers are Paying Double for Failing Government nomic Growth,’’ 10 a.m., 2322 Rayburn. Programs, 9:30 a.m., 2154 Rayburn. Subcommittee on Health, hearing entitled ‘‘FY 2012 Committee on Science, Space, and Technology, hearing on HHS Budget and the Implementation of Public Laws the Department of Energy FY 2012 Research and Devel- 111–148 and 111–152,’’ 9:30 a.m., 2123 Rayburn. opment Budget Request, 10 a.m., 2318 Rayburn. Committee on Financial Services, to consider the following Committee on Veterans’ Affairs, Subcommittee on Eco- measures: the HAMP Termination Act; the FHA Refi- nomic Opportunity, hearing on Veterans Employment nance Program Termination Act; the NSP Termination and Training Service’s Budget and State Grant Program, Act; and the Emergency Mortgage Relief Program Termi- 10 a.m., 334 Cannon. nation Act, 10 a.m., 2128 Rayburn. Committee on Ways and Means, Subcommittee on Select Committee on Foreign Affairs, hearing on Reforming the Revenue Measures, to meet for organizational purposes; United Nations: Lessons Learned, 10 a.m., 2172 Rayburn. followed by a hearing on Small Businesses and Tax Re- Committee on Homeland Security, hearing entitled ‘‘The form, 9 a.m., 1100 Longworth. President’s FY 2012 Budget Request for the Department Permanent Select Committee on Intelligence, executive, on of Homeland Security,’’ 10 a.m., 311 Cannon. Ongoing Intelligence Activities, 10 a.m., 304–HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, March 3 10 a.m., Thursday, March 3

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 4—Small morning business (not to extend beyond 11 a.m.), Senate Business Paperwork Mandate Elimination Act of 2011 will continue consideration of S. 23, Patent Reform Act, (Subject to a Rule). and there will be a period of morning business from 2 to 4 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E396 Nunnelee, Alan, Miss., E399 Harper, Gregg, Miss., E398 Poe, Ted, Tex., E402 Ackerman, Gary L., N.Y., E393 Hensarling, Jeb, Tex., E402 Rahall, Nick J., II, W.Va., E395 Barton, Joe, Tex., E401 Himes, James A., Conn., E400 Rangel, Charles B., N.Y., E394 Bordallo, Madeleine Z., Guam, E404 Hoyer, Steny H., Md., E393 Richardson, Laura, Calif., E403 Broun, Paul C., Ga., E401 Hunter, Duncan, Calif., E395 Ros-Lehtinen, Ileana, Fla., E394 Burgess, Michael C., Tex., E398 Israel, Steve, N.Y., E399, E402 Ross, Mike, Ark., E397 Coffman, Mike, Colo., E403, E404 Kildee, Dale E., Mich., E400 Schakowsky, Janice D., Ill., E400 Denham, Jeff, Calif., E396 Kucinich, Dennis J., Ohio, E393, E398 Sessions, Pete, Tex., E398 Duncan, John J., Tenn., E394 Lee, Barbara, Calif., E397 Smith, Adam, Wash., E395, E401 Engel, Eliot L., N.Y., E393, E403 Lewis, John, Ga., E397 Towns, Edolphus, N.Y., E399

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