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

Vol. 157 WASHINGTON, TUESDAY, MAY 3, 2011 No. 58 House of Representatives The House met at 10 a.m. and was human being. I guess nobody wanted to punishment. What makes a search un- called to order by the Speaker pro tem- be the one who was stuck reading those reasonable or a punishment cruel? The pore (Mr. MCCLINTOCK). parts, and I can understand that. document itself doesn’t tell us. The constitutional fundamentalists f But it got me thinking that, lately, there has been a lot of talk about the tell us we should interpret the words of DESIGNATION OF SPEAKER PRO Constitution, and that’s a good thing. the Constitution as they were under- TEMPORE The Constitution is our national char- stood at the time they were written, The SPEAKER pro tempore laid be- ter. It protects our basic freedoms, it more than 200 years ago, but they can’t fore the House the following commu- grants power to the government, and really mean that. At that time, all nication from the Speaker: puts limits on those powers. felonies were subject to the death pen- All of us in this body took an oath to alty and flogging was a common pun- WASHINGTON, DC, ishment for crime. Today, we consider May 3, 2011. support it. We should talk a lot about I hereby appoint the Honorable TOM the Constitution, but we should talk such punishments cruel and unusual. MCCLINTOCK to act as Speaker pro tempore about it the right way. Some of my col- The words the Framers chose are not on this day. leagues here seem to think that all we just broad and open-ended. More impor- JOHN A. BOEHNER, have to do is read the Constitution to- tantly, they express basic values. To Speaker of the House of Representatives. gether and we will all see the light; enforce basic values, you need to make value judgments. And value judgments f that the little words on the page will change as the world changes, even answer all of our questions. For them, MORNING-HOUR DEBATE when the underlying values stay the the Framers had all the answers. I same. The Supreme Court has always The SPEAKER pro tempore. Pursu- guess that’s the real reason they didn’t ant to the order of the House of Janu- understood this. want to read the embarrassing parts Almost 200 years ago, the great Chief ary 5, 2011, the Chair will now recog- out loud on the House floor. nize Members from lists submitted by Justice John Marshall made clear that To do that would be to admit that the Court was going to read the broad the majority and minority leaders for the Framers got some things wrong, morning-hour debate. phrases of the Constitution differently that their document was a first draft of than it might read a tax statute or The Chair will alternate recognition liberty, a blueprint for justice, not the between the parties, with each party bailing code. last word. Marshall wrote: ‘‘If we apply this limited to 1 hour and each Member Some call this way of thinking con- principle of construction to any of the other than the majority and minority stitutional fundamentalism. When it powers of government, we shall find it leaders and the minority whip limited comes to the Constitution, fundamen- so pernicious in its operation that we to 5 minutes each, but in no event shall talism is misguided. Let me explain shall be compelled to discard it.’’ debate continue beyond 11:50 a.m. why. Marshall and his successors on the f No one doubts that some parts of the High Court understood that when we Constitution are meant to be read lit- freeze the meaning of the Constitution CONSTITUTIONAL erally and rigidly: every State gets two FUNDAMENTALISM in place, we limit our capacity to make Senators. You have to be at least 25 progress as a people. The SPEAKER pro tempore. The years old to be elected to Congress. Cut Progress hasn’t come easy. It wasn’t Chair recognizes the gentleman from and dried. until the 1940s that the Court applied Illinois (Mr. QUIGLEY) for 5 minutes. But in many of the most important the First Amendment’s establishment Mr. QUIGLEY. On the first day of passages of the Constitution, the clause to State and local governments, this Congress, Members took turns Framers deliberately used broad, open- ensuring the separation of church and reading the Constitution aloud on the ended language because they wanted State. It wasn’t until the 1950s in floor of this House. It was a worthwhile their words to be read flexibly as times Brown v. Board of Education that the exercise. changed. Freedom of speech, due proc- Court declared government-sponsored However, some parts were omitted. ess of law—these terms don’t define racial segregation unconstitutional. There was no recital of the Amendment themselves. Not until the 1960s did the Court fi- that established prohibition or the The Fourth Amendment protects the nally represent the principle of one clause requiring fugitive slaves to be right of people against unreasonable person, one vote. And not until the returned to their owners, or the one searches and seizures. The Eighth 1970s did the Court enforce constitu- equating slaves with three-fifths of a Amendment outlaws cruel and unusual tional equality for women.

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 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.000 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2938 CONGRESSIONAL RECORD — HOUSE May 3, 2011 If we interpreted the document in a b 1010 stead, what have they done? They static and literal way, we would find MISPLACED PRIORITIES OF THE voted to end Medicare. That is right. ourselves in a country we didn’t recog- TEA PARTY REPUBLICANS They voted to end Medicare and shift nize. the cost of health care of current and Constitutional fundamentalism The SPEAKER pro tempore. The future seniors onto seniors themselves, makes difficult choices look easy by Chair recognizes the gentleman from in some cases adding nearly $7,000 more papering over the ambiguities of the California (Mr. GEORGE MILLER) for 5 in costs per senior starting in the year document and ignoring the complex- minutes. 2022. They voted to reduce nursing ities of our history. Mr. GEORGE MILLER of California. home care for seniors and for the dis- I would much rather acknowledge the Mr. Speaker, let me begin by joining abled. And they voted to make pre- ambiguities and debate and discuss and my colleagues on both sides of the aisle scription drugs for senior citizens more argue about the complexities. I think in praising President Obama and our expensive. it’s significant that when we amend military and our intelligence teams for To make it all worse, at the same the Constitution, we don’t redact the their extraordinary work in the cul- time they voted to end Medicare, they superseded parts. Leaving them in mination of the killing of Osama bin voted to cut taxes for millionaires and serves as an anecdote to collective am- Laden. His death is a very positive step billionaires and give tax breaks to the nesia about our past mistakes; it un- for U.S. counterterrorism efforts. Bin largest oil companies and to extend tax dermines efforts to sanitize our trou- Laden’s death will not erase the pain breaks to companies that ship jobs bled history, as many in power he caused by his evil acts, nor does it overseas and in fact pay no taxes to the throughout the world often do with mean that Americans are not still the American people, no sense of patriot- their own history. targets of others bent on doing us ism for the benefit these companies re- I close with the words of Thomas Jef- harm, but hopefully his elimination ceive by being American corporations. ferson: ‘‘Some men look at constitu- will offer some comfort to the grieving They chose to give them additional tax tions with sanctimonious reverence families all over the world who have breaks, even though they pay no taxes and deem them like the ark of the cov- suffered at his hand and will diminish under current law. enant, too sacred to be touched. Let us the capacity of his network to do us Their choices are clear—dangerously follow no such examples, nor weakly harm. clear. End Medicare and make seniors believe that one generation is not as Mr. Speaker, while Americans are ex- pay more for health care, but give capable of taking care of itself, and or- pressing their appreciation over the giant oil companies and the wealthiest dering its own affairs.’’ death of bin Laden, they remain deeply in our country more tax breaks. Thank you. anxious about our economy. They are One of the bills that they will bring f suffering from high unemployment and up this week will eliminate the ability high gas prices and they expect and of Americans without insurance, in- ALABAMA IMPACTED BY THE need relief. That is why Americans cluding small business employees, to APRIL 27, 2011, STORM must be really scratching their heads shop and to compare health plans in The SPEAKER pro tempore. The in disbelief over the choices being the State-based exchanges. They have Chair recognizes the gentlewoman from made here in the House of Representa- determined to pursue policies to harm Alabama (Mrs. ROBY) for 5 minutes. tives. working families in order to cater to Mrs. ROBY. Mr. Speaker, last week While Americans remain focused on their insurance industry friends and my home State of Alabama faced the jobs and the economy, the tea party radical right-wing supporters. They worst natural disaster in the history of Republican majority has voted to end don’t believe that every American the State. My immediate thoughts go Medicare and to cut taxes for the rich- should have access to affordable health out to the families impacted by the est Americans and the largest oil com- coverage. storm, as well as my thanks to the men panies. And this week they will vote to Health exchanges are one of the most and women on the ground assisting in make it harder for students and low-in- popular and important provisions of recovery efforts. As of May 1, the Ala- come workers across the country to the health care law. They are vital for bama Emergency Management Agency have access to health care by bringing families and small businesses to be has confirmed 250 fatalities in Alabama up two bills to end the funding for new able to have access to affordable health from the April 27 storm. school-based health care centers and care. These exchanges are market Although the Second Congressional for State-based exchanges where work- based, they foster competition, they re- District dodged the full force of the ers and small business employees who duce costs, and they provide access to storm, Elmore County sustained sig- cannot get insurance through their health insurance for millions of Ameri- nificant damage and, tragically, the jobs will be able to look for health care cans. loss of six lives. My thoughts and pray- benefits. Yes, Mr. Speaker, Americans must ers go out to all of those who lost loved Mr. Speaker, they are also bringing scratch their heads every day and won- ones. up a third bill, a sweeping measure der why the priorities of the tea party Since the storm, I have had the op- that would, in effect, make abortion in- Republicans are not consistent with portunity to tour the affected areas in accessible to most women, despite the the needs of their families, their chil- my district and meet with the hard- fact that the Supreme Court has ruled dren, their job opportunities, their working men and women working on that women in the United States of small businesses’ vitality. They must recovery efforts. America have a constitutional right to wonder every day: Why can’t this Con- Working quickly with Governor receive an abortion if they so choose. gress start serving the American pub- Bentley and the Alabama delegation, With sky-high gas prices and contin- lic? we requested shortly after the storm ued high unemployment, the Repub- f for the President to sign a major dis- licans must wake up in the morning aster declaration, which I am grateful and think the most important thing to JUSTICE DELAYED BECAME that he immediately did. do today is to take away health care JUSTICE SERVED Over the next coming months, I will from kids and hardworking Americans The SPEAKER pro tempore. The continue to work with the Governor, and trample on women’s rights. Chair recognizes the gentleman from the Alabama delegation, and the ad- Really? Time out, America. Time Indiana (Mr. PENCE) for 5 minutes. ministration to ensure that critical re- out. Mr. PENCE. Mr. Speaker, Osama bin sources and assistance is getting to This Congress, under the control of Laden is dead. Justice delayed became those impacted by this horrific dis- the tea party, is making the wrong justice served. And I stand to pay a aster. choices for our economy and for our fu- debt of honor and a debt of gratitude to Once again, the citizens of Alabama ture. They have accomplished nothing all of those who brought us to this day. are in my thoughts and my prayers for for the American people in more than 3 The first time most Americans heard them to get through such a difficult months that they have been in charge. Osama bin Laden’s name was perhaps time. No bill to help create jobs. Not one. In- from that podium. Just more than a

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.002 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2939 week after September 11, we gathered Whitacre of Bryant; Specialist William tion of wind and solar energy. Those here. President George W. Bush spoke Justin McClellan of New Castle; Pri- tax credits increased wind energy pro- that name into history. And every day vate First Class Jaiciae Pauley of Mun- duction by nearly 43 percent in less since, it has been clear to freedom-lov- cie; Staff Sergeant Phillip Chad Jen- than 2 years. So extending them now is ing people across this planet that we kins of Decatur; and Sergeant Jeremy important for energy independence. had to reach this day to answer for the McQueary of my hometown of Colum- Under the authority of the Clean Air tragic and brutal events visited upon bus. Act amendments, President Obama and our country on September 11. This was a victory for freedom. And automakers recently announced an I rise to pay a debt of honor and a as much as it belongs to those who agreement to improve the efficiency of debt of gratitude. I commend President made the decisions, developed the in- automobiles by 30 percent by 2016. This Barack Obama for his decisive leader- telligence, who slid down the ropes and agreement will save consumers $3,000 ship, making the tactical decisions stepped into harm’s way Sunday night, for each car purchased 5 years from that were made, as well as providing this victory belongs to those who lie in now. Here’s another way of looking at our troops with the resources they earthen graves in my district and all it. If you can save 30 percent at the needed to get the job done and come over this country who brought it pump, better vehicle efficiency would home safely. I commend his prede- about. more than offset recent gas price hikes. cessor, President George W. Bush, Unfortunately, oil companies and their b 1020 whose tenacity and commitment to the allies in Congress are trying to roll war on terror clearly brought us to this Winston Churchill said, We sleep back much of this progress. Our Speak- day. I also commend our intelligence soundly in our beds because rough men er has forced through legislation which community, who, year upon year, stand ready to visit violence on those would repeal much of the Clean Air never lost sight of the demand for jus- who would do us harm. Today, I pay a Act, hurting American consumers and tice. debt of gratitude to a Commander in undermining our national security. But I mostly rise today to pay a debt Chief, present and past, but to all the Fortunately, the Senate will not allow of honor and gratitude to the members members of the Armed Forces who that reckless legislation to become of our U.S. Armed Forces, past and allow us this day to say: Justice law. present. Those Sunday night who slid served. Osama bin Laden is dead. This week, the Republican leadership down the ropes and captured and killed f in this House will try to short-circuit Osama bin Laden are in our hearts, but PROTECTING CONSUMERS FROM safety rules for the production of oil off also those over the last 10 years who HIGHER GAS PRICES America’s coast, increasing the likeli- have made the necessary sacrifices in hood of another Deepwater Horizon ca- the war on terror, and I rise today to The SPEAKER pro tempore. Under a tastrophe. Their legislation could also particularly pay tribute to them. previous order of the House, the gen- allow oil exploration that would im- I was here on 9/11. After we had the tleman from Virginia (Mr. CONNOLLY) pede Naval operations off Virginia’s opportunity for the roads to open, I is recognized for 5 minutes. coast and threaten the Chesapeake made my way back to our small home Mr. CONNOLLY of Virginia. Let me Bay. I do not support these reckless ef- in Northern Virginia, and there, with congratulate my colleague from Indi- forts to allow unregulated oil drilling my wife and our children, 6, 7 and 8, we ana on his eloquence. I don’t think it which endangers our coastal economies gathered for a short family meeting could be better said. and our national security. I will be in- and for prayer before I would come Mr. Speaker, 1 year after the Deep- troducing an amendment in the nature back in to the Capitol. water Horizon oil spill, Americans are of a substitute. My amendment would My little 6-year-old daughter stopped paying record gas prices. In northern strike the anti-safety language and add me in the kitchen as I was walking to Virginia, gas that used to cost $3 a gal- a provision to repeal $37 billion in oil the car and she said, ‘‘Daddy, I have to lon now costs $4 a gallon. This gas company tax loopholes. It would remit talk to you.’’ I said, ‘‘I’ve got to go.’’ price hike is the result of instability in this money equally to licensed Amer- She said, ‘‘Daddy, I’ve got to talk to the Middle East and possible oil specu- ican drivers. Averaged among licensed you.’’ I said, ‘‘What?’’ She said, ‘‘If we lation, and is a reminder of our dan- drivers, this amendment would give have to make a war, do you have to gerous dependence on foreign oil. $185 to each driver—the equivalent of go?’’ And I dropped down on one knee Sadly, our Republican colleagues are reducing gas prices by 27 cents a gal- and I threw my arms around that 6- not advancing legislation to help con- lon. year-old and I said, ‘‘Daddy’s too old.’’ sumers. Their plan would line the There are many positive steps we can But every day since I have thought of pockets of Big Oil, which saw its prof- take to promote energy independence all the daddies and mommies who its skyrocket 30 percent in line with and reduce the burden of gas prices: looked their little ones in the eye, these rising gas prices. Fortunately, Improve vehicle efficiency, boost pro- looked their spouses and their parents there are positive steps we can take to duction of renewable domestic energy, in the eye, and they said, ‘‘I have to promote energy independence and pro- and end Big Oil tax breaks in order to go.’’ And they went. And some of them tect consumers: Improve vehicle effi- help consumers. We should be taking didn’t come home. ciency, boost production of domestic these positive steps instead of endan- In the Sixth Congressional District, renewable energy, and convert oil in- gering our coastal economies with un- we have a roll of the fallen heroes of dustry tax breaks into gas price relief regulated oil drilling which would do the war on terror. I recite them today for consumers. nothing to affect oil prices. America owns 3 percent of the with the deepest respect and gratitude. f Lance Corporal Matthew Smith of world’s oil but consumes 25 percent of Anderson; Private Shawn Pahnke of its global reserves. The only way to OVERSEAS SECURITY ADVISORY Shelbyville; Specialist Chad Keith of end our dependence on foreign oil and COUNCIL ANNIVERSARY Batesville; Staff Sergeant Frederick reduce gas prices is by improving auto- The SPEAKER pro tempore. Under a Miller, Jr., of Hagerstown; Sergeant mobile efficiency and developing new previous order of the House, the gen- Robert Colvill, Jr., of Anderson; Spe- sources of clean domestic energy. En- tleman from Illinois (Mr. SHIMKUS) is cialist Raymond White of Elwood; ergy independence is going to depend recognized for 5 minutes. Lance Corporal Scott Zubowski of New on reducing our oil consumption and Mr. SHIMKUS. Today, May 3, 2011, I Castle; Sergeant Jeremy Wright of shifting to domestic forms of energy would like to take this time to com- Shelbyville; Master Sergeant Mike like wind, solar, biofuels, and, most im- mend the Department of State’s Over- Heister of Bluffton; Staff Sergeant Mi- portantly, improved efficiency. Energy seas Security Advisory Council, or chael Bechert of New Castle; Staff Ser- independence will save consumers OSAC, on its 26th anniversary. Since geant Brian Keith Miller of Pendleton; money and protect us from political in- 1985, OSAC, a public-private partner- Specialist Jonathan Lahmann of Rich- stability in the Middle East. ship, has provided accurate, timely, ac- mond; Lance Corporal Layton Crass of At the end of 2010, Congress extended tionable information on global security Richmond; Lance Corporal Andrew tax credits for biofuels and the produc- concerns. Its constituents number over

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.005 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2940 CONGRESSIONAL RECORD — HOUSE May 3, 2011 4,000, and include businesses, schools, oil prices. Both in 1973, during the during. And we know recent price hikes faith-based organizations, and non- Nixon administration, and then during threaten our recovery just as our Na- governmental organizations. OSAC 1978, during the Presidency of Jimmy tion and our people are struggling to serves as the U.S. Government’s pri- Carter, America’s economy was sub- get back on their feet. Look at the mary platform for assisting the U.S. jected to serious harm by global oil profits that the major oil companies private sector to confront and mitigate kingdoms on whom our Nation already are ringing in from gas prices at over security threats overseas. Information had become too dependent. When gas $4 a gallon. Just in the last quarter, is shared via OSAC’s Web site and prices eventually doubled, with the un- Exxon raked in $10.7 billion, BP through individual consultations be- employment that followed, President brought in $7.2 billion, Chevron earned tween OSAC analysts and its constitu- Carter described that major oil price over $6 billion, and the list goes on and ency. OSAC’s original reports are post- squeeze as the ‘‘moral equivalent of on—in one quarter. One quarter. These ed on their Web site, sent to embassies war.’’ huge profits at the expense of our peo- around the world, and have been re- This chart very vividly shows, how ple and nation. quested by numerous U.S. and foreign rising unemployment, which is the blue The American people suffer great government agencies. line, follows every major oil price in- hardship every time this petroleum ad- Through its Country Council pro- crease since the 1970s. Yes, every spike diction rears its ugly head, and it has gram, OSAC provides a mechanism for of gas price increase creates a path to done so every decade, consistently. The the U.S. private sector to gather infor- high unemployment that follows. That situation keeps getting worse, if any- mation and share best practices among certainly was true back in 2008, when one is paying attention. In effect, our the world’s leading security experts. in fact the oil prices spiked over $4 dol- American Republic becomes a gasoline Country Councils are present in over lars per gallon and unemployment shot hostage and a sticker cash cow any- 140 cities and serve as a forum for the up, triggering our current recession as time the global oil markets need an in- discussion of time-sensitive and coun- well. President Carter lost his reelec- fusion of oil cash or raise prices due to try-specific security concerns. Around tion to Ronald Reagan, who won on a supply aberrations. We simply can’t the world, the London Country Council campaign of blaming Carter for a ‘‘mis- leave America and our people this vul- is gearing up for the immense under- ery index.’’ Back in those days the mis- nerable. And we can’t keep killing our taking of the 2012 Olympic Summer ery index was explained as the sum of soldiers to keep those oil lanes open. Games; members of the Lagos Country unemployment and inflation rates but The biggest force in the world is iner- Council are discussing operating chal- that sum actually was due to gas price tia. People don’t want to change, or lenges in the Niger Delta; the various sticker shock. When gas prices rise don’t know how to change our predica- Country Councils in Mexico are cre- above $4 a gallon, that very fact trig- ment, or don’t want to change this los- ating strategies for operating amid the gers major unemployment here at ing strategy for our Nation. It’s no se- violence caused by the drug trafficking home. How many times does our Amer- cret that some interests are making a organizations; the Hong Kong Country ican economy have to be hit over the whole lot of money off the present Council is focusing on deterring head with a baseball bat before we rec- equation: ‘‘I win, you lose.’’ cybercrime; the Erbil Country Council ognize our conundrum? We should be Mr. Speaker, if these economic inter- is facilitating discussions between the working full steam ahead to become ests aren’t tamed and aren’t enemies of U.S. private sector and Kurdistan gov- energy independent here at home rath- our Republic, I don’t know what is. Bill ernment officials. er than coveting our neighbor’s goods. Greider wrote a book, it’s time to If we look at the continuing use of Over the past 26 years, OSAC has de- ‘‘Come Home, America.’’ Let’s do that petroleum inside our economy—other veloped into the premier model for by restoring energy independence here than the recession we’re now in, where public-private partnership. It is the at home and, indeed, our very liberty. we’ve had a little bit of a dip in im- only government-sponsored organiza- ports due to decreased demand—all the f tion specifically designed to address way going back to the 1970s, every THE NATIONAL CONSTITUTION the private sector’s global security year, we’ve consumed more imported COMPETITION concerns. Founded by Secretary of petroleum. The red lines show how State George Shultz and a handful of The SPEAKER pro tempore. The much more is imported each year. CEOs in 1985, OSAC has expanded to in- Chair recognizes the gentleman from Rather, why don’t we invest those tril- clude over 4,000 constituents and looks Oregon (Mr. BLUMENAUER) for 5 min- lions and trillions of dollars we are utes. forward to a robust partnership with spending in the Middle East and around the U.S. private sector and ensuring Mr. BLUMENAUER. Mr. Speaker, it the world to import that oil right here was my great privilege to spend a the safety of American entities abroad. in our own country? Congratulations to the OSAC cochairs, major portion of the weekend watching Diplomatic Security Service Director b 1030 young constitutional scholars from Jeff Culver and John McClurg from the We literally could rebuild energy pro- Portland’s Grant High School compete Dell Corporation, and the Executive duction capacity, and much more, from in the national Constitution competi- Working Group: Jim Snyder from Con- one end of our country to the other and tion here in our Nation’s Capital. oco Phillips; Brad Brekke from Target create millions of jobs doing it. It was an amazing experience watch- Corporation; and Jim Hutton from America’s chief strategic vulnerabil- ing these young men and women debat- Procter & Gamble. I also want to ity is our dependence on imported en- ing the fine points of our Constitution. thank OSAC’s executive director, Peter ergy. How many more Americans have While I had a personal interest with Ford, and from OSAC, Jackee Schools to die to keep those oil lanes open? It one of the students there, it became and Marsha Thurman. is no coincidence we have sent our sol- clear, watching the competition, that f diers to fight where the greatest global everybody was a winner. oil deposits are located. As I was watching the finals, where IT’S TIME TO STOP RELYING ON My oath is to protect our Nation they were one of the top 10 teams in FOREIGN OIL against all enemies, foreign and domes- the Nation, it was fascinating to con- The SPEAKER pro tempore. Under a tic. America’s petrol dependence is an template what was going on in the previous order of the House, the gentle- enemy on both fronts: foreign and do- much broader context in terms of what woman from Ohio (Ms. KAPTUR) is rec- mestic. It is no secret that there are this represented. Everybody was a win- ognized for 5 minutes. some big business interests, including ner—the student constitutional schol- Ms. KAPTUR. Mr. Speaker, with gas many global oil companies, oil specu- ars, their dedicated coaches and teach- prices skyrocketing to over $4 and $5 a lators, and financiers trading in those ers. Most important, America was win- gallon, threatening our fragile eco- petrodollars, that are making a killing, ning. nomic recovery, let me retrace the his- in many ways, off of America’s depend- They were part of tens of thousands tory of U.S. economic recessions and ency. of students across the country who unemployment since the 1970s and In 2008, rising oil prices tripwired the dove into the intricacies of the Con- their relation to global oil markets and Great Recession we are currently en- stitution over the past year. They

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.007 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2941 delved into its antecedents like the California (Ms. WOOLSEY) for 5 min- We have a chance now to change Magna Carta and the Articles of Con- utes. course. The trauma of 9/11 was pro- federation. They deal with the Civil Ms. WOOLSEY. Yes, indeed, just to found, but it also led to some disas- War and the challenges to our constitu- follow up on the gentleman from Or- trous choices, from the war in Iraq, to tional ideals and the practicality of egon, we are, in our efforts to reauthor- roving wiretaps, to waterboarding, to governance in a time of war. They pon- ize elementary and secondary edu- the surge in Afghanistan. Now that the dered the struggle to give all Ameri- cation, expanding to the whole child, 9/11 mastermind is gone, it is time to cans the promises embedded in the we hope, including civics and art and turn a new page. Constitution and the Declaration of music. It has to begin with a swift move to- Independence. They explored the con- Mr. Speaker, my first thought when ward military redeployment out of Af- flict between the rule of law and its too watching the news last Sunday night ghanistan. We cannot continue down often flawed implementation. was about the many people, the many this road of permanent warfare. The It was really heartwarming to be able people, who have a hole in their hearts costs are too great. I’ve never ever felt to witness the discussion between the and in their homes because of the more strongly, Mr. Speaker, that it is judges, who were all skilled profes- senseless, brutal violence perpetrated time to bring our troops home. by Osama bin Laden. There was 9/11, of sionals—professors, lawyers, judges f volunteering their time—and these ter- course, but also the 1993 World Trade rific young citizens. Indeed, some of Center bombing, the Embassy bomb- RECESS ings in East Africa, the attack on the the exchanges were riveting. I found The SPEAKER pro tempore. Pursu- myself reflecting on how much easier USS Cole. Bin Laden is responsible for so much evil, and I hope that the fami- ant to clause 12(a) of rule I, the Chair would be our job in Congress if there declares the House in recess until noon were more Americans who were part of lies of his victims can now find some measure of peace and hopefully some today. this extraordinary experience. Accordingly (at 10 o’clock and 43 These young people have been part of closure. He is dead, but the terrorism threat minutes a.m.), the House stood in re- a program making a difference for a cess until noon. quarter century now. We’ve got data he represents remains alive and well. that show its effectiveness. These The network he created continues to f thrive. And I believe, Mr. Speaker, that young people score a third higher than b 1200 adult citizens on their knowledge of al Qaeda will remain strong as long as we, the United States of America, con- the Constitution and civic affairs. And AFTER RECESS tinue our policy of aggressive mili- good news for America: looking at this The recess having expired, the House tarism in the Middle East. experience over a quarter century, they was called to order by the Speaker pro are five times more likely to run for b 1040 tempore (Mr. POE of Texas) at noon. public office. The war in Afghanistan remains an f The bad news is that thousands of epic failure that is bankrupting us young people in every State, the Dis- morally and fiscally. Our nearly 10- PRAYER trict of Columbia, and some of the ter- year occupation has emboldened those Reverend Dr. Alan Kieran, Office of ritories will lose as a result of the in- who hate America instead of defeating the U.S. Senate Chaplain, Washington, ability of Congress to figure out how to them. It has created more terrorists D.C., offered the following prayer: finance a small portion of the partici- than it has killed. It is undermining Most Holy God, Creator and sus- pation that comes from Federal money. our national security interests, not ad- tainer of the universe, we come to this They are a casualty this year of the in- vancing them. It is making us less safe, Chamber today with humility and ex- ability of Congress to figure out how to not more. pectation. provide that support. I find that ironic None of that changes with the news In humility because we know that because these young people could give of Osama bin Laden’s death. Just last You have appointed our elected Mem- Congress lessons about the congres- week, a retired Army lieutenant colo- bers and Capitol Hill staff for such a sional power of the purse, the separa- nel from my district just north of the time as this. tions of power, to give us a roadmap to Golden Gate Bridge, James In expectation because faith in You make sure that these programs are not McLaughlin, Jr., of Santa Rosa, Cali- brings untold blessings to hearts, sacrificed. fornia, was killed while working as a homes, and nations. It’s particularly important because contractor training military pilots in You say, O God, that from those to the flawed ‘‘No Child Left Behind’’ bill Afghanistan. He died along with eight whom You have given much, much is that’s up for reauthorization doesn’t others when an Afghan pilot turned on expected. place a premium on civic education. I his allies and went on a shooting spree Endow our leaders with good health. see my good friend, Congresswoman during a meeting at the Kabul airport. Strengthen them in body, mind, and WOOLSEY, a senior member of that Bin Laden’s death won’t bring Jim soul for the busy days ahead. Grant committee, who has fought for years to McLaughlin back, nor will it bring them Your wisdom, peace, and joy in redirect it. back the 1,500-plus Americans who this season of fruitful labor. Well, the least we can do is to restore have lost their lives in Afghanistan. And may we all reap a harvest of the money lost this year as we deal The horror of this war continues righteousness as we serve You and our with the budget for the next year. Any unabated. Nation’s citizens. So with Osama bin Laden’s death, I Member of Congress who takes the I pray in Your everlasting Name. believe that it is past time for somber time to meet with the outstanding Amen. young men and women from their reflection—reflection about the poli- State who are in our Nation’s Capital cies of the last 10 years and about f today in the aftermath of that contest where we might go from here. It is THE JOURNAL would be hard-pressed to explain to time to rethink our entire approach to them why they wouldn’t and, indeed, national security. The SPEAKER pro tempore. The should be inspired to do all they could We can save so much in lives, in Chair has examined the Journal of the to make sure this outstanding program money, in global credibility, and in last day’s proceedings and announces continues. moral authority with a smart security to the House his approval thereof. Pursuant to clause 1, rule I, the Jour- f platform that puts diplomacy and de- velopment aid before guns and tanks: a nal stands approved. POST-BIN LADEN: A MOMENT TO platform that uses American power for f RE-THINK OUR NATIONAL SECU- humanitarian ends, a platform that RITY APPROACH empowers and invests in the people of PLEDGE OF ALLEGIANCE The SPEAKER pro tempore. The Afghanistan instead of invading and The SPEAKER pro tempore. Will the Chair recognizes the gentlewoman from occupying their country. gentleman from New Jersey (Mr.

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.047 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2942 CONGRESSIONAL RECORD — HOUSE May 3, 2011 PAYNE) come forward and lead the Mr. Speaker, I am delivering a letter there we heard from and we honored House in the Pledge of Allegiance. today to the Speaker asking him to the conscience of this House, Rep- Mr. PAYNE led the Pledge of Alle- bring legislation already drafted to the resentative JOHN LEWIS. giance as follows: floor for a vote that would release oil The event was titled ‘‘The Fight for I pledge allegiance to the Flag of the from the Strategic Petroleum Reserve Freedom Dinner.’’ And some of those United States of America, and to the Repub- and legislation aimed at preventing freedoms worth fighting for are eco- lic for which it stands, one nation under God, Big Oil from engaging in price-gouging nomic in nature: The freedom to own a indivisible, with liberty and justice for all. schemes which drive up the price of gas home that won’t be unfairly placed in f at the pumps. foreclosure. The freedom to work a job ANNOUNCEMENT BY THE SPEAKER These are just two measures, Mr. and not be laid off because you’re PRO TEMPORE Speaker, that have been introduced in outsourced. The freedom to receive the House which would provide imme- health care, especially health care The SPEAKER pro tempore. The diate relief to consumers from the ris- guaranteed by Medicare, and not have Chair will entertain up to 15 requests ing price of gasoline that threatens our to go broke or bankrupt paying for it. for 1-minute speeches on each side of economy and the well-being of hard- These opportunities should be avail- the aisle. working middle class Americans all able under our legal system to all f throughout this country. Americans equally. DRILLING BILLS I certainly hope the Speaker will put f these on the calendar so we can vote on WHERE ARE THE JOBS? (Mr. PITTS asked and was given per- them and provide relief immediately to mission to address the House for 1 the American people. (Ms. LEE asked and was given per- minute.) mission to address the House for 1 f Mr. PITTS. Mr. Speaker, where does minute and to revise and extend her re- our oil come from? CONGRATULATING PRESIDENT marks.) Much of it comes from offshore drill- OBAMA ON OSAMA EXECUTION Ms. LEE. Mr. Speaker, the American ing rigs scattered around the globe. (Mr. PAYNE asked and was given people want to know, Where are the From the North Sea to the South permission to address the House for 1 jobs? China Sea, there are thousands of rigs minute and to revise and extend his re- After 17 weeks of controlling the pumping oil that eventually finds its marks.) House, Republicans have no plan to way to the American market. Explo- Mr. PAYNE. Mr. Speaker, this up- create jobs and no plan to spur eco- ration for oil and natural gas is grow- coming September 11 will mark the nomic growth. Instead, they proposed a ing in Egypt, Brazil, and dozens of 10th anniversary of the most horrific budget that puts our country on a road other countries. act of terrorism, executed under the to ruin. They want to end Medicare, But here in the United States, we are leadership of the now deceased Osama gut Medicaid, strip funding for Pell moving backwards. Leases and permits bin Laden. Grants and elementary and secondary have been slow-walked and delayed— We will never forget the images of education for our students, while hob- 2011 was almost the first year since 1958 burning buildings, crashing planes, and bling our Nation’s transportation in- that the Federal Government did not Americans running for their lives. frastructure. hold an offshore lease sale. Three thousand people never came Yet again this week, Republicans are This week we are going to pass legis- back home that Tuesday, and families offering slogans instead of solutions: lation to kick-start leases and increase will again remember the last time they ‘‘Drill Baby Drill,’’ ‘‘Kill the Bill.’’ production of American energy. The hugged their loved ones good-bye. What These slogans don’t amount to a plan only reliable way to decrease gasoline will be different this September 11 is to create jobs or guarantee access to prices is to increase domestic supply. If that Osama bin Laden will no longer be health care in America. we don’t act to expand access to Amer- able to celebrate the destruction he Instead of another very cynical at- ican natural resources, we will see pro- caused and the lives he destroyed. tempt to repeal health reform and per- duction fall this year. President Obama, we thank you for a petrate their war on women, and in- The American people want to get superb operation. Thank you for hav- stead of offering oil companies free back to work, but high energy prices ing the courage to make the decision reign off our coasts, we should be work- are holding back job growth. American so many would have backed away from. ing together to help the unemployed jobs are on the line. That’s why now is Because of President Obama’s team and to create jobs. We must not forget the time to boost American energy. of experts, this risky mission was the 99ers and we must help them, peo- f backed by sound information, solid ple who have moved out of their unem- facts, and accurate calculations. His ployment benefits. They’ve actually GAS PRICES goal was clear: Get Osama bin Laden. maxed out. And we must invest in our (Mr. CICILLINE asked and was given And that is exactly what happened. country to stimulate job creation. permission to address the House for 1 This is truly a mission accomplished. Democrats have a plan while Repub- minute.) I commend our Commander in Chief, licans can only offer rhetoric. Mr. CICILLINE. Mr. Speaker, over Barack Obama, for his intelligent exe- f the last several weeks, my Rhode Is- cution. This is not a celebration of b 1210 land constituents and Americans all death; this is a celebration of justice, across this country have been nerv- courage, sacrifice, and democracy. And ALL THE CARDS ARE ON THE ously eyeing their neighborhood gas this is a celebration of leadership. TABLE stations, waiting and watching as the Mr. President, your 40-minute oper- (Ms. EDWARDS asked and was given gas prices steadily rise, now forcing ation has helped bring closure to so permission to address the House for 1 many to fill their tanks for no less many Americans for a lifetime. minute and to revise and extend her re- than $4 per gallon. f marks.) This news underscores the concerns Ms. EDWARDS. Mr. Speaker, all the voiced by hundreds of men, women, and THE FIGHT FOR FREEDOM DINNER cards are on the table, and the Repub- families throughout Rhode Island and (Mr. CLARKE of Michigan asked and licans want to reduce Medicaid to a all across this Nation in recent weeks. was given permission to address the mere block grant program and dras- They can no longer afford the price of House for 1 minute and to revise and tically alter the Federal-State partner- gasoline, and urgent help is needed. extend his remarks.) ship that has been struck for over 45 Yet as gas prices climb, profits con- Mr. CLARKE of Michigan. Mr. years. tinue to soar for Big Oil. We’ve got to Speaker, this past Sunday I partici- The GOP budget argues that under a find solutions now to lower the cost of pated in one of the largest sit-down block grant program, ‘‘States will no gasoline and to end the $4 billion in tax dinners ever held. It was hosted by the longer be shackled by federally deter- breaks that are paid to Big Oil. Detroit branch of the NAACP, and mined program requirements.’’ Sounds

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.012 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2943 nice, right? But, Mr. Speaker, what The Clerk read the resolution, as fol- Mr. REED. Mr. Speaker, for the pur- they really mean is that States will no lows: pose of debate only, I yield the cus- longer have to meet standards that en- H. RES. 236 tomary 30 minutes to the gentleman sure quality, delivery of service, and Resolved, That at any time after the adop- from Colorado (Mr. POLIS), pending eligibility. tion of this resolution the Speaker may, pur- which I yield myself such time as I The GOP budget argues that block suant to clause 2(b) of rule XVIII, declare the may consume. During consideration of grants will improve health care safety House resolved into the Committee of the this resolution, all time yielded is for for seniors and low-income families. Whole House on the state of the Union for the purposes of debate only. Again, sounds right, Mr. Speaker, consideration of the bill (H.R. 1213) to repeal mandatory funding provided to States in the GENERAL LEAVE sounds wonderful. But they fail to con- Patient Protection and Affordable Care Act Mr. REED. Mr. Speaker, I ask unani- veniently mention that the States to establish American Health Benefit Ex- mous consent that all Members have 5 would be required to spend below pro- changes. The first reading of the bill shall be legislative days to revise and extend jected growth, forcing State govern- dispensed with. All points of order against their remarks. ments to make up the difference by in- consideration of the bill are waived. General The SPEAKER pro tempore. Is there creasing spending. Again, that’s a fat debate shall be confined to the bill and shall objection to the request of the gen- chance in this environment. not exceed one hour equally divided and con- trolled by the chair and ranking minority tleman from New York? And so what they really want to do is There was no objection. to cap enrollment, cut eligibility, limit member of the Committee on Energy and Commerce. After general debate the bill Mr. REED. House Resolution 236 pro- mandatory benefits, and lower provider shall be considered for amendment under the vides one rule for consideration of H.R. reimbursement. Our doctors, our sen- five-minute rule. The bill shall be considered 1213 under a structured process, mak- iors, and our low-income families de- as read. All points of order against provi- ing all five Democratic amendments in serve so much better. sions in the bill are waived. No amendment order that comply with the rules of the f to the bill shall be in order except those House; and H.R. 1214 under a modified printed in the report of the Committee on RECOGNIZING TWO SIGNIFICANT Rules accompanying this resolution. Each open process that gives all Members an ATHLETIC ACHIEVEMENTS IN such amendment may be offered only in the opportunity to preprint their amend- DELAWARE order printed in the report, may be offered ments in the CONGRESSIONAL RECORD only by a Member designated in the report, and have them considered on the floor. (Mr. CARNEY asked and was given shall be considered as read, shall be debat- Mr. Speaker, we are here today to permission to address the House for 1 able for the time specified in the report offer a rule to allow us to debate H.R. minute.) equally divided and controlled by the pro- 1213 and H.R. 1214. H.R. 1213 would re- Mr. CARNEY. Mr. Speaker, today, I’d ponent and an opponent, shall not be subject peal mandatory funding provided to like to recognize two significant ath- to amendment, and shall not be subject to a letic achievements that were recently demand for division of the question in the States in the Patient Protection and announced in my home State of Dela- House or in the Committee of the Whole. All Affordable Care Act to establish Amer- ware. points of order against such amendments are ican health benefit exchanges. H.R. In March, the St. Mark’s High School waived. At the conclusion of consideration of 1214 would repeal mandatory spending the bill for amendment the Committee shall for school-based health center con- football team was named Team of the rise and report the bill to the House with Year by the Delaware Sportswriters struction. such amendments as may have been adopted. Quite simply, our country is broke, and Broadcasters Association. This The previous question shall be considered as fall, St. Mark’s finished with an ordered on the bill and amendments thereto and we cannot continue to spend undefeated 12–0 record and captured to final passage without intervening motion money like we have in the past. Our their first football title since 1978. except one motion to recommit with or with- spending crisis is clear. Slush funds Also last month, University of Dela- out instructions. and unlimited tabs on the Treasury ware sophomore Elena Delle Donne was SEC. 2. At any time after the adoption of must be the first to go, particularly this resolution the Speaker may, pursuant to named Player of the Year in Delaware when they are being used to fund gov- clause 2(b) of rule XVIII, declare the House ernment-centered takeover of our Na- after earning First Team All-CAA hon- resolved into the Committee of the Whole ors in basketball for the second House on the State of the Union for consider- tion’s health care system that does not straight year. ation of the bill (H.R. 1214) to repeal manda- improve care, does not lower costs and, As a St. Mark’s alumnus and former tory funding for school-based health center simply, we cannot afford. high school and college athlete and construction. The first reading of the bill The American people sent a clear coach, I know the hard work and com- shall be dispensed with. All points of order message last November: ObamaCare is against consideration of the bill are waived. not the answer; stop spending money mitment that goes into achieving suc- General debate shall be confined to the bill cess at such a high level. I also know that our country doesn’t have, money and shall not exceed one hour equally di- we are borrowing and spending on the that high school and college athletes vided and controlled by the chair and rank- learn lessons about teamwork, com- ing minority member of the Committee on backs of our children and grand- petition, and leadership that will serve Energy and Commerce. After general debate children who will be left footing the them well for the rest of their lives. the bill shall be considered for amendment bill. And so I’d like to once again con- under the five-minute rule. The bill shall be H.R. 1213, introduced by the distin- gratulate Elena Delle Donne, St. considered as read. All points of order guished chairman of the Energy and Mark’s High School football coach Jim against provisions in the bill are waived. No Commerce Committee who has been a amendment to the bill shall be in order ex- Wilson and his staff, and each member leader in this fight, repeals the provi- cept those received for printing in the por- sion that gives the Secretary of Health of this year’s team. tion of the Congressional Record designated We in Delaware wish you well and for that purpose in clause 8 of rule XVIII in and Human Services a blank check to hope for your continued success. a daily issue dated May 2, 2011, and except determine how much to facilitate en- f pro forma amendments for the purpose of de- rollment in the State health care ex- bate. Each amendment so received may be changes set up by the underlying bill. PROVIDING FOR CONSIDERATION offered only by the Member who caused it to The law includes no definition of what OF H.R. 1213, REPEALING MANDA- be printed or a designee and shall be consid- that means. For example, a 100 percent TORY FUNDING FOR STATE ered as read if printed. At the conclusion of premium subsidy for individuals to en- HEALTH INSURANCE EX- consideration of the bill for amendment the roll in the exchange would not be pro- CHANGES, AND PROVIDING FOR Committee shall rise and report the bill to the House with such amendments as may hibited under the statute. CONSIDERATION OF H.R. 1214, RE- In the year since ObamaCare was en- PEALING MANDATORY FUNDING have been adopted. The previous question shall be considered as ordered on the bill and acted, it has already become clear the FOR SCHOOL HEALTH CENTER amendments thereto to final passage with- law set up an unworkable and an CONSTRUCTION out intervening motion except one motion to unaffordable system. There have been Mr. REED. Mr. Speaker, by direction recommit with or without instructions. countless numbers of waivers given out of the Committee on Rules, I call up The SPEAKER pro tempore. The gen- and slush funds such as this to allow House Resolution 236 and ask for its tleman from New York is recognized the Federal Government to continue to immediate consideration. for 1 hour. push more money onto the States,

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.014 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2944 CONGRESSIONAL RECORD — HOUSE May 3, 2011 force them to accept provisions that Committee and look forward to work- construction, renovation, and equip- simply don’t make sense and don’t ing with him throughout the 112th Con- ment. That would particularly harm work. Just because the authors of gress. our Nation’s health care services, espe- ObamaCare could not determine the Mr. REED. I thank the gentleman. cially for children, youth, and families amount necessary to fund these pro- Mr. POLIS. Today, while millions of and those with low incomes. grams does not mean American tax- Americans remain unemployed and School-based health care clinics payers should allow the Secretary to millions more await the chance to re- serve students whose access to health cash this blank check. ceive affordable health care, the Re- care is limited; and frequently, the publicans are spending another week scope of services is determined by b 1220 rehashing old debates instead of talk- school officials in partnership with par- Secretary Sebelius, in a March 3 ing about creating jobs and, in fact, in ents and community-based health care hearing, testified that there are no this case, undermining Americans’ ac- initiatives. Services are designed to monetary limitations on the size of the cess to quality health care. identify problems early, provide con- appropriation and the law requires no This rule brings forth two bills. tinuity of care, and improve academic further congressional action for the First, the majority brings forth, under participation. These programs save Secretary to spend these funds. CBO es- this bill, legislation that will prevent money by providing access to preven- timates a reduction in direct spending Americans from accessing the ex- tive care that frequently alludes many by an estimated $14.6 billion over the changes which are competitive market- of the families affected. next 10 years would be achieved by suc- places in which to buy private insur- And yet also, while we are denying cessful passage of this bill. And that is ance. basic preventive care to our Nation’s just an estimate. With a blank check, Now, there’s a lot of subterfuge and youth, the passage of this bill will also the spending could be much higher. misinformation in this debate. For in- deny job opportunities to Americans Mr. Speaker, I submit that giving stance, there is no ObamaCare option. all across the country who are ready any executive branch official a blank There is no public insurance option with shovel-ready projects to begin im- check is a bad idea, particularly when that we are even discussing here. What proving and building school-based we already have a $1.6 trillion deficit is being discussed is a marketplace in health care clinics. So here we are with this year alone and a $14 trillion na- which individuals, primarily those who a bill: less jobs, less health care, less tional debt. We must vote to repeal work in small businesses or are self- education—hardly the priorities that I this provision. employed, will have access to choose think the voters wanted for the 112th In regards to H.R. 1214, introduced by from the private policy of their choice. Congress. Representative BURGESS of Texas, who According to the Congressional Budg- Democrats believe strongly that we is one of the physician members of our et Office, under this Republican pro- need to make tough choices to end the Republican Conference, it repeals the posal, 2 million fewer Americans will deficit and end the climbing spiral of school-based health center construc- be enrolled in exchanges in 2015. The debt. But what we are left with with tion fund. ObamaCare provides $200 Congressional Budget Office also says these two bills, as separate from H.R. 2, million in direct appropriations that H.R. 1213 will result in higher pre- is actually the worst of both worlds. through fiscal year 2013, which this leg- miums in the exchange. Again, a bill The Republicans leave in place the islation would rescind. This money is that is delivering higher premiums for taxes that were used to pay for health only for facilities with an express pro- American citizens—hardly, hardly the care reform—they leave in place in hibition on using the funds for per- outcry that I have heard on the stump. these two bills the medical device tax; sonnel or to provide health services at I had a chance to have public meet- they leave in place the tax on unearned these newly constructed facilities. The ings in the last 2 weeks back in our dis- income—and yet they remove the bene- facilities could be built with no guar- trict, as many Members of Congress fits to the American people from these antee, therefore, that the center would have. My constituents, Mr. Speaker, taxes. ever see or care for one single patient. did not request that we deliver higher Whenever the American people agree This fund is yet another example of health insurance premiums. They to any degree of taxes, they want to the wasteful, duplicative spending that wanted us to deal with the deficit. see a tangible result. But what is being caused ObamaCare to have such a huge They wanted us to deal with jobs and done with these bills is leaving in place price tag and another example of the economy. Not a single constituent the taxes of health care reform and re- spending we simply cannot afford. of mine asked for higher health insur- moving the benefits to the American ObamaCare and the stimulus bill have ance premiums, which seems to be a people of health care reform. That’s already made $3 billion available to the priority of this Congress. hardly a balanced and fair approach, Department of Health and Human Now, there may be a talking point in- and it’s one that the House should re- Services for facility improvements at volved, and certainly both of these bills ject. community health centers. Providing today were also included in H.R. 2, I would remind my colleagues of an additional $50 million a year is du- which was a repeal of health care re- House Resolution 9, which I supported plicative. We do not need to build for form, largely. Now we are looking at on the floor of the House of Represent- building’s sake. Therefore, we must individual pieces. But this new market- atives. It dealt with 13 items out of the vote to repeal this provision. place has historically been an idea that original jurisdiction of our Rules Com- With that, Mr. Speaker, I reserve the has had strong bipartisan support: to mittee before the gentleman from New balance of my time. have competitive health care ex- York joined our Rules Committee. We Mr. POLIS. Mr. Speaker, I thank the changes; to keep in tact America’s em- instructed the House on replacing gentleman from New York for giving ployment-based system while expand- health care reform and what some me the customary 30 minutes, and I ing access to tens of millions of people, areas for working on it would be. yield myself such time as I may con- including small businesses and people I would like to submit to the RECORD sume. who are self-employed. Truly, the ex- in the context of this debate, Mr. It’s my understanding this is his first changes represent an opportunity for a Speaker, House Resolution 9, which rule that he is managing in his name more competitive and a more trans- was adopted by the House and, indeed, on the floor of the House, and I con- parent marketplace that empowers discusses changing existing health care gratulate him in that regard. In the consumers to make the choice between law within the various committees of 111th Congress, I had the opportunity private insurers. jurisdiction to foster economic growth to manage a number of rules, and I had The other bill that is brought forth and private sector job creation; to a perfect record—I never lost a rule. under this particular rule, after we lower health care premiums, preserve a This Congress as well, I too have a per- have dispensed with denying health patient’s ability to keep their health fect record—I have never won a rule. I care to an estimated 2 million more care plan, provide people with pre- wish the gentleman from New York Americans through the exchanges, we existing conditions affordable access to success in his efforts and congratulate are also, in this next bill, eliminating health care; and many, many other him on his appointment to the Rules funding for school-based health clinic good ideas.

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.015 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2945 But rather than discussing any of Mr. REED. Mr. Speaker, I now yield And the fifth item that, of course, we these 13 points that were contained in as much time as he may consume to heard the President of the United House Resolution 9, the business of the the gentleman from California (Mr. States say in his State of the Union committees of jurisdiction has appar- DREIER), the chairman of the Rules message he supported but, of course, ently been not only to repeal health Committee. was not included in the measure and care reform generally but now to re- (Mr. DREIER asked and was given that is real, meaningful lawsuit abuse peal each of the individual components permission to revise and extend his re- reform because we continue to see the while leaving the taxes in place. We marks.) dramatic increase in health care costs would encourage these committees to because of the number of frivolous law- b 1230 comply with House Resolution 9. And I suits out there. We have a load of em- think by rejecting this bill before us Mr. DREIER. Mr. Speaker, let me pirical evidence on that, Mr. Speaker. today, we are sending a powerful mes- begin by extending congratulations to Again, the President of the United sage to the committees of jurisdiction my good friend from Corning for his States stood here and talked about how that rather than talking about repeal, stellar management of his first rule on important it was to deal with it, and repeal, repeal, they need to also discuss the House floor, and to say that we yet we hadn’t. Those are five among replace. have managing this two of my favorite the 13 items that are addressed in H. What are we going to do if the ex- Members, including my friend from Res. 9. And I will tell you that the changes don’t exist or are handicapped Boulder who serves on the Rules Com- committees of jurisdiction are today to provide people with preexisting con- mittee with such distinction. working on that. ditions access to affordable health I have to say that I’m also glad to see Why is it that we are here today? care? Again, if we repeal the support that we have Dr. ROE here, who has, Well, we all know that we did pass for the exchanges, how are we fostering over the past couple of years, regaled the repeal measure out of the House of economic growth and private sector us in the Rules Committee of the fail- Representatives. We felt very strongly growth? How are we encouraging small ures of massive, even State, govern- that the need to focus on some of the businesses and self-employed people to ment involvement in health care and most flagrant examples of abuse by have access to the same health care the dramatic increase in costs that he’s passing legislation out of this House services at a similar cost that large seen in his State of Tennessee because needs to continue to be a priority, and employers already have? of the so-called TennCare program that that’s exactly what we’re doing today. I call upon my colleagues to reject has existed there. I know that we are Now, I don’t like the use of the word this rule and both underlying bills and going to look forward to hearing from ‘‘slush fund’’ to be thrown around. It begin the discussions of how to im- him later. makes me a little uncomfortable, I prove and build upon health care re- Let me, at the outset, respond as the have to admit. But that is a term that form, finding a common ground be- author of H. Res. 9 to the comments has been used by more than a few peo- tween Members of both parties and sav- that my friend from Boulder has just ple to describe the funds that are ing taxpayers money to help reduce the offered, Mr. Speaker. First, I want to granted, such funds as may be nec- deficit. say that I believe that the measures essary and open-ended, without con- H. RES. 9 before us are all about job creation and gressional oversight to the Secretary In the House of Representatives, U.S., Jan- economic growth, improving health of Health and Human Services. And it uary 20, 2011. care and improving education, all three seems to me that one of the things we Resolved, That the Committee on Edu- of the things that my friend from Boul- need to recognize in a bipartisan way is cation and the Workforce, the Committee on that enhancing congressional oversight Energy and Commerce, the Committee on der indicated that he doesn’t believe that we are successfully addressing of the executive branch is an institu- the Judiciary, and the Committee on Ways tional issue. We have a responsibility and Means, shall each report to the House here. to the American people to make sure legislation proposing changes to existing law Second, I have to say that as we within each committee’s jurisdiction with looked at the litany of those 13 items that we scrutinize every tax dollar that is being expended, and this legislation provisions that— included within H. Res. 9, mark my is designed to deal with one of the (1) foster economic growth and private sec- words, the committees of jurisdiction tor job creation by eliminating job-killing major flaws in the health care bill, are already working on and focusing on policies and regulations; that being the granting, without con- those priority items. I believe that the (2) lower health care premiums through in- gressional oversight, of such funds as purchase of health insurance across creased competition and choice; may be necessary. (3) preserve a patient’s ability to keep his State lines needs to be a very high pri- Similarly, if you look at the expan- or her health plan if he or she likes it; ority as we want to ensure that the sion in every way of expenditures (4) provide people with pre-existing condi- American people have access to quality tions access to affordable health coverage; which are not going to do anything to health care. We need to make sure that improve the quality of health care in (5) reform the medical liability system to we have pooling to deal with pre- reduce unnecessary and wasteful health care this country, it seems to me that this spending; existing conditions. That continues to is the right thing for us to do. (6) increase the number of insured Ameri- be a bipartisan priority. And, in fact, Now, procedurally, I know that my cans; on the issue of the purchase of insur- friend joins me. I’m not going to ask (7) protect the doctor-patient relationship; ance across State lines, and obviously him to join, as Mr. DICKS has repeat- (8) provide the States greater flexibility to on pooling for preexisting conditions, edly in the past in complimenting the administer Medicaid programs; President Obama, even though he op- work of the Rules Committee, in pro- (9) expand incentives to encourage personal posed it in the measure, has indicated viding for a process that allows for responsibility for health care coverage and his support of those items. costs; greater deliberation. But these two (10) prohibit taxpayer funding of abortions We need to expand medical savings items before us are, in fact, making in and provide conscience protections for accounts so that people can be order every single amendment that was health care providers; incentivized to put dollars aside for the submitted to the Rules Committee that (11) eliminate duplicative government pro- purchase of direct health care needs is germane, complies with CutGo, does grams and wasteful spending; and/or health insurance. not waive the rules of the House. (12) do not accelerate the insolvency of en- We also need to do what we can to ex- We had amendments that were sub- titlement programs or increase the tax bur- pand something that actually passed mitted. One of these measures is going den on Americans; or the Republican House of Representa- to be considered under a modified open (13) enact a permanent fix to the flawed tives but was killed by our colleagues Medicare sustainable growth rate formula rule, meaning that any Member of the used to determine physician payments under in the other body 5 years ago, that is, House will have an opportunity, assum- title XVIII of the Social Security Act to pre- associated health plans that allow for ing that they submit their amendment serve health care for the nation’s seniors and small businessmen and -women to into the CONGRESSIONAL RECORD and if to provide a stable environment for physi- come together and actually get reduced it complies with the rules of the House, cians. rates as larger corporations and enti- they will be able to offer their amend- I reserve the balance of my time. ties have done. ment to this measure. We had 13

VerDate Mar 15 2010 02:33 May 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.017 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2946 CONGRESSIONAL RECORD — HOUSE May 3, 2011 amendments submitted to the Rules tainly support; pooling for high-risk in- health care in their States. You cannot Committee; five were made in order. dividuals; reforming the medical liabil- have it both ways unless you want to The other seven did not comply with ity system. continue to leave millions and millions the rules of the House, whether non- Again, it really goes to a question of of people uninsured across this country germane or did not comply with the if we are, in fact, repealing in part or and without health care. CutGo rule that was put into place at all various parts of the health care re- In the underlying bill as well, the the beginning of this Congress. form, what is replacing it. When we majority proposes in the Act to elimi- So what we’ve done procedurally here talk about pooling of high-risk individ- nate funding provided to construct, under the rule that my friend from uals, if we can put together a way of renovate and improve services at Corning, Mr. REED, is managing is we doing that, that can effectively serve school-based health centers. In my dis- are, Mr. Speaker, providing for a as a marketplace or as an exchange. trict, the elimination of these funds chance for a free-flowing debate, what What this bill simply does is repeal would mean something very specific: Speaker BOEHNER indicated before the the support for the exchanges, leaving The centers at Fairmont Heights High election last year was absolutely essen- many of these with preexisting condi- School, one of the poorest communities tial for us to do. These are commit- tions, particularly those who work for in our district, would be without a ments that were made to the American small businesses or are self-employed, health center. There is Northwestern people throughout the election process. entirely in the lurch. As we discuss High School in Adelphi, Maryland; They sent a very strong message by how to improve health care for the Oxon Hill High School in Oxon Hill, sending 87 new Members of the House American people, it’s critical to actu- Maryland; and Broad Acres Elementary on the Republican side, nine Members ally have the solution to the policy School in Silver Spring, which are on the Democratic side, 96 newly elect- problem that’s been identified. serving very needed communities. ed Members of the House of Represent- The gentleman talked about an inad- The SPEAKER pro tempore. The atives. equate selection process with regard to time of the gentlewoman has expired. But their message was to deal with the use of funds, inadequate congres- Mr. POLIS. I yield the gentlewoman this issue, ensuring that Americans sional oversight. Again, why not bring an additional 30 seconds. have access to quality health care, but a bill forward that talks about setting Ms. EDWARDS. These school-based don’t expand the Federal Government’s the right process in place to allow for health care centers offer a wide range involvement in it, and ensure that the correct oversight of the use of of services, from wellness checks to since we had bills dropped on us in the these funds? It’s a question of making mental health services for our young middle of the night, one very famous it work for the American people rather people, which is care they wouldn’t re- one, the cap-and-trade bill, a 300-page than throwing the baby out with the ceive otherwise—or maybe they would amendment given to us that no one had bath water. in expensive emergency room visits in seen at 3 o’clock in the morning as the With that, Mr. Speaker, I am proud a crisis. measure was being reported out, they to yield 2 minutes to my colleague, the Studies show the link between afford- said, read the bill. They said, make gentlewoman from Maryland (Ms. ED- able health care for our students and sure that you have a degree of account- WARDS). their education success, so I would ability and transparency in your delib- Ms. EDWARDS. I thank the gen- urge my colleagues to oppose this leg- erations. tleman from Colorado for yielding. islation. Let’s create jobs instead of I will say, Mr. Speaker, that if you Mr. Speaker, here we are, we are at dismantling a health care system. look at what’s happened in the last 4 month five, and I thought that we’d be Mr. REED. Mr. Speaker, I am pleased months, we have had, I believe, more talking about job creation and spurring to yield 41⁄2 minutes to the gentleman amendments considered, more debate. economic development across this from Tennessee (Mr. ROE). Just take the beginning of our con- country. Instead, we are yet again Mr. ROE of Tennessee. I thank the tinuing resolution when we had 200 talking about how we can repeal ele- gentleman for yielding. amendments debated here on the House ments of a health care bill that passed Mr. Speaker, I rise today in support floor, 90 hours of debate, more Member some time ago. of the rule and of the underlying bills. involvement than we had had in the en- I would like to draw particular atten- b 1240 tire 4 years of the last speakership. tion to H.R. 1213, which would repeal a And so, Mr. Speaker, we, today are Nonetheless, today I rise in opposi- provision in the health care law that on the right track. In a very, very re- tion to the rule and to the underlying gives the Secretary of Health and sponsible, transparent and open way we bills. Let me first just say a few words Human Services unlimited spending are addressing an issue that the Amer- about the exchanges. authority with regard to State-based ican people said they wanted us to ad- In my State of Maryland, our Gov- exchanges. dress. Our priority with this legislation ernor, Martin O’Malley, in working Let me start by saying that two is to ensure that every American has with our legislature, has been in the years ago, when I came to Congress, I access to quality, affordable health process of actually trying to make this looked at the American health care care. That’s something that we want to work—implementing the health insur- system, and I asked: What’s the prob- make happen. ance exchanges in the State to make lem with it? I believe that the legislation that is sure that people don’t fall through the The problem with the American before us today will enhance our cracks. In fact, our Secretary of Health health care system is that it costs too chance to do that as we seek to reduce has come out with a study that shows much money. It’s too expensive to go the size, scope, reach and control of that, by going through this process of to the doctor or to go to the hospital to this behemoth, our Federal Govern- implementing the exchange and mov- receive medical care. If it were afford- ment, which has a $14 trillion debt. ing through reform, we are going to able, we could all have it. Number two, With one of these measures, we’re create jobs and provide health care for we have a segment of our population going to be saving $14 billion, a very thousands and thousands of people that doesn’t have access to affordable important step in the direction which across the State of Maryland and for health care coverage. Let’s say it’s a both Democrats and Republicans alike our small businesses, which want to do drywall or a sheetrock worker or a car- say they want us to achieve. right by their employees by providing penter who may be out, working. I urge support of the rule. health care. Maybe his spouse works in a diner, Mr. POLIS. Mr. Speaker, I yield my- So I don’t understand what the prob- let’s say, and they get along just fine, self 1 minute to respond before further lem is here, and I’m a bit confused. On but they can’t afford the high pre- yielding. the one hand, the majority doesn’t miums. Number three, we have a liabil- The gentleman from California again want to pursue a public option for mil- ity crisis in this country that is forcing identified several areas where there are lions who are uninsured. On the other the cost of health care through the opportunities for both parties to work hand, they don’t want to make a mar- roof. together: allowing the sale of insurance ketplace, which is what these ex- Well, what did the Affordable Health across State lines, something I cer- changes are, available to people to get Care Act do? It did do number two. It

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.019 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2947 expanded coverage for some people in able in these exchanges. Remember, Ms. JACKSON LEE of Texas. Mr. this 2,500-page bill—remember, it’s this when you’re looking at this Affordable Speaker, this is an open dialogue with thick—but it did nothing to help curb Health Care Act, the government—not the American people through their the costs, and it did nothing for liabil- you, the patient, as an individual, as a Members of Congress. ity, which is forcing the costs of health person, and not the doctor—decides I thank the gentleman from Colo- insurance coverage higher for all of us. what is an adequate health care plan. rado, and I thank the manager of the I’ve seen it in my own State of Ten- So these exchanges are basically just majority, but this is an open dialogue. nessee. The enactment of this legisla- an excuse for unelected Washington bu- To my good friend from Tennessee, tion we are talking about today will reaucrats to really make our health who may not have read the bill the Af- take $14 billion that we don’t have. care decisions for us. fordable Health Care Act and who may Let me just say this: What worries Mr. Speaker, this is not a free mar- have missed the fact that Health Sav- me about Washington, D.C., is that we ket system. It’s basically central plan- ings Accounts are allowed, no one is didn’t get the memo. We’re broke here. ning. Patients should be allowed to blocking anyone, and the accounts are Number two, what is that $14 billion choose which benefits they want when considered ‘‘sufficient’’ under that bill. going to do? It’s not going to put one buying their insurance plans. By pass- So, if you desire to have a Health Sav- more patient in my office who I can see ing H.R. 1213, Congress would send a ings Account, so be it, but those sav- and treat. It’s going to the bureauc- message that we want health care re- ings accounts really adhere to those racy. I see it in education. I see it in form that puts the patients first. who are more wealthy and who are commerce. I see the beast, the Federal The SPEAKER pro tempore. The more endowed with finances. Government beast, just getting larger time of the gentleman has expired. b 1250 and larger and larger. The money Mr. REED. I yield the gentleman an doesn’t actually get down to a patient additional minute. What these repeal bills will do, both Mr. ROE of Tennessee. There are an- for whom I can write a prescription so H.R. 1213 and H.R. 1214—and I was hop- other couple of things that are very he can then go to a pharmacy, get the ing the Rules Committee would have simple in lowering the costs of health prescription filled, and then get his voided these bills and not allow them care. to go forward, but they did not. I thank health care. It is difficult to cover people in small So we talk about several simple them for the amendment that they businesses. There is no question about things that the chairman spoke about gave me and the respect they gave me that. Association health plans allow just a moment ago very eloquently, in the time that we were before that you to do that, to group and become and let me show you an example. committee. large groups. There is a second thing I have a Health Savings Account. But the fact is that the exchanges you can do that really is so simple I This little card right here is a debit are to allow those who do not have don’t know why we haven’t done it. I card. I don’t have to fool with the in- means to get into an open market, the spent a year, when I was running for surance company. I don’t have to fool same thing that our Republican friends Congress and after I left my medical with the Federal Government. I don’t have been talking about, to allow peo- practice, and I had to buy an individual have to fool with anybody. I fool with ple to go across State lines to buy the insurance policy. It was very expen- me and my doctor; and who should be cheapest State policy or the policy sive. Many people out there in small making health care decisions are pa- that they can for families that have businesses or individuals who work on the sickest of the sick, children that tients and their physicians, not an ex- farms or in other places do the same are disabled, others that are in need change and not all of this. That’s just thing. To make that insurance more af- who heretofore have been blocked. going to complicate it. I go in with fordable, not only could you have an By the way, the Affordable Care Act this, and I pay for it, and I usually get association health plan, but number takes away the bar of anyone who has a significant discount when I do that. two, as an individual, you could have There are a couple of other things a preexisting condition, such as preg- allowed me to deduct my health pre- that you can do. Just remember, as to nancy, from not being able to get in- miums just like a big business does, this 2,500-page bill, Mr. Speaker, you surance. What is wrong with that? just like a huge corporation does, and By the way, the Congressional Budg- could have done two-thirds of it with you would have automatically lowered et Office, an independent budget office, two paragraphs. One which I agree my cost by 35 percent and would have says that if we repeal these provisions, with, which is in the bill—and it’s one made insurance more affordable. of the few things I do agree with—is to So there are many things we could the exchange, the premiums of the simply let children stay on their par- do. This is not what we should be American people, the farmer, the small ents’ plans. Pick your age—25, 26, 27. doing. I would urge a vote for the rule. business will go up and not down. Go Number two, simply sign up people who Mr. POLIS. Mr. Speaker, I yield my- up. What more common sense can you are already eligible for government self 30 seconds to respond really brief- have as a reason for voting against programs. That’s SCHIP and Medicaid. ly. these bills and voting against the rule? If you do those two things, you can In the minority report from the com- H.R. 1214 has to do with school-based cover nearly 20 million people without mittee, it discusses the oversight of the clinics. That is an innovative concept. this complex, almost incomprehensible exchanges. Specifically, the Govern- In fact, as a member of the Homeland bill. We have a Secretary who really ment Accountability Office is required Security Committee, we have begun to has a fungible account from which she to review the operations and the ad- think of schools as a site for individ- can spend billions of dollars that are ministration of the exchanges. In addi- uals if they are built in this new struc- really unaccounted for. Also, we are tion, not one, not two, but three con- ture, the way they are funded, to be knee-deep in red ink. That’s the major gressional committees—Energy and able to be designed in a way to ensure problem with granting the Secretary Commerce, Oversight and Government that they are secure as a site for evacu- access to the Federal Treasury. Reform, and other congressional com- ation, a place to go when there is a dis- The exchanges mandated by this af- mittees—can provide the oversight of aster. That means that a school-based fordable health care law are the first the implementation of the Affordable clinic that can be part of the commu- step for Washington bureaucrats in Health Care Act according to section nity health system will be available in really getting more control of our 1311. times of emergencies. What sense does health care system. Don’t get me Again, if there is additional over- it make to eliminate the opportunity wrong. I am absolutely for consumer sight, as the gentleman from California to improve a community’s safety and choice because I believe consumer-driv- seeks, why are we not discussing a bill security in these times of trouble and en health care is the only way to keep that provides additional oversight? We questioning about terrorism, finding a costs down. I think, if we don’t do that, all want this money to be spent cor- place where the community could go? you will never get the costs going in rectly and well. I don’t know whether there are struc- the right direction. Instead, this cre- With that, I am proud to yield 3 min- tures in Alabama that could have with- ates a top-down mandate for the type utes to the gentlewoman from Texas stood these horrible tornados, but we of insurance that will be made avail- (Ms. JACKSON LEE). are trying to build schools now to be

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.022 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2948 CONGRESSIONAL RECORD — HOUSE May 3, 2011 more safe and secure. So both of these question that I would like to see that exchange based upon the Affordable bills make no common sense. Some in my tenure here in this House, in this Health Care Act and they want to put 1,900 school-based clinics serve our body. The problem we have is, how do it into effect. children and their extended families. you get there? The Republican proposal here on the Do we want a community and a Nation I think the Democratic side is to ex- floor would make it impossible for that is healthier, or do we want to have pand the bureaucracy, more govern- California to do what it wants to do; a Nation of sick people? ment control. IPAB is a perfect exam- that is, set up a marketplace in which The SPEAKER pro tempore. The ple, and the President spoke of that, people have access to insurance. The time of the gentlewoman has expired. and our Medicare patients. I think that notion being that, by creating the ex- Mr. POLIS. I yield an additional 30 is a terrible idea. As a matter of fact, change, you spread the risk over many, seconds. it is a terrible idea. We want to do many different populations so that, Ms. JACKSON LEE of Texas. I thank that. I know there is a way to do it. like a huge corporation, you have an the gentleman from Colorado for his And, again, to hold the costs down. Re- opportunity as an individual purchaser kindness. member, that is the problem. or a small business to participate in a This is what these two bills will The gentlelady from Texas made a large pool and accept the lower rate of allow us to become: One, to ignore point that insurance premiums would insurance. those who don’t have the resources for go up. Insurance premiums are going So what is this all about? What are a health savings account, are not pack- up in anticipation of this particular you trying to accomplish here? Is it ing big wads of money in their pocket, health plan because, why? The govern- some ideology that you just simply to be able to say I can independently ment decides what you must have. You can’t stand the Affordable Health Care go out and get insurance based upon don’t get to make that decision your- Act and you want to rip it apart piece the monies that I am going to put into self. That is done by a bureaucrat, it is by piece? Apparently so. And you just some kind of account. done by Congress or whoever decides don’t want to stop there. You are going Fine for those who can do it. But I what is in the plan. after Medicare, a program that has can assure you, the Nation’s farmers I will give you an example, Mr. been in effect for 42 years, that pro- and small businesses are glad to be able Speaker. I don’t need in my family fer- vides a universal insurance policy to to know that their employees can go tility coverage at my age. I have three anyone over 65. You are going to termi- into an exchange. They are also glad to grown children that are raised, edu- nate Medicare. What is that all about? know there are tax incentives just for cated, have health insurance, good And give it to an insurance company them in this bill. jobs. But I probably will have to have and not have an exchange? And, finally, I would say the Nation’s that, because that is a plan that some- So what is an individual going to do parents, single parents, parents that one else will decide I need—to have fer- when they are 65 and possessing all are making ends meet are glad for tility coverage. There are things in kinds of preexisting conditions? Go school-based clinics. those bills that I don’t need to have without insurance? Be at the mercy of Vote against the rule and the under- personally that I should be able to pick the insurance company? And, by the lying bill. out. And I am just one example. People way, you want to repeal all of the in- Mr. REED. Mr. Speaker, I yield 1 across this country ought to be making surance reforms, all of the protections minute to my colleague from Ten- those decisions, not the Federal Gov- that individuals have in the Affordable nessee (Mr. ROE). ernment and not a bureaucrat. Health Care Act. Mr. ROE of Tennessee. Mr. Speaker, I Ultimately, what is going to happen This doesn’t make much sense to me. have read the bill, all pages of it. I in our health care system is, because I don’t understand what your goal is won’t say that says a whole lot about resources are finite, is that care is here, except maybe to have some polit- my intelligence, but I did read the en- going to be rationed. Is the government ical scorecard you can say, yeah, we re- tire health care bill. When you speak of going to ration it, or are a patient and pealed the Affordable Health Care Act. HSAs only being for wealthy people, a doctor going to make those health Good for us. But what effect to the pop- that is absolutely not correct. care decisions? I trust the patient and ulation of America? No exchanges? In my own practice, we have offered the doctor to make those health care They are gone. No opportunity for the 300 people or so who get insurance decisions. small businesses to enjoy a large mar- through our practice, we allow them to Mr. POLIS. I yield myself 15 seconds ket, a large pool in which they can get a traditional health insurance pol- just to restate what my colleague, the have a lower price? They are gone. icy or an HSA, and over 3 out of 4 peo- gentlewoman from Maryland, stated: If Oh, I see. You can have an associa- ple choose an HSA. And why is that? the Republicans are against the public tion health plan. I spent 8 years of my Because they make the health care de- option, if they are against the private life chasing after association health cisions, not an insurance company and option in the form of the exchanges, plans that were frauds. They were out not a bureaucrat. the only option left is pay more insur- and out frauds, sold across State lines. Ms. JACKSON LEE of Texas. Will the ance premium. That simply is not ac- 1300 gentleman yield? ceptable to the American people. b Mr. ROE of Tennessee. I yield to the With that, Mr. Speaker, I yield 31⁄2 Is that what you want? Apparently gentlelady from Texas. minutes to the gentleman from Cali- so. I don’t get it. Ms. JACKSON LEE of Texas. I thank fornia (Mr. GARAMENDI). I don’t understand what the goal is the gentleman for his correction. Mr. GARAMENDI. Mr. Speaker, I here. The Affordable Health Care Act My point would be, is it not okay guess I don’t understand. I don’t under- establishes an exchange allowing indi- then for your patients to use the health stand what our Republican colleagues viduals and small businesses to be part savings account but also okay for those want to accomplish here. of a large pool, to have four different who still may not have the resources to They talk about free market. They options on their insurance. And you go into an exchange? Aren’t we trying talk about the need to provide options want to do away with it. I don’t get it. to do the same thing, which is to make and opportunities. I think that is ex- You want to do away with clinics in sure everyone of all means available actly what an exchange does, so I don’t schools so that kids can have access to can in fact have insurance? quite understand what this is all about. health care. I don’t understand. The SPEAKER pro tempore. The I was the insurance commissioner, You have cut all the money out from time of the gentleman has expired. the elected insurance commissioner in the community clinics so that people Mr. REED. I yield the gentleman 2 California in 1991, and we set up an ex- have to go to the emergency rooms in additional minutes. change. Unfortunately, Governor Wil- a more expensive situation. What is Mr. ROE of Tennessee. I thank the son vetoed it; otherwise, we would have this all about? I don’t understand what gentleman for yielding. had this exchange years ago. And 1 the goal is that our Republican col- Absolutely. What our goal is is to year ago, the California legislature, leagues have in mind. The exchanges provide affordable health insurance with the signature of a Republican, make sense. They create a marketplace coverage for all Americans. There is no Governor Schwarzenegger, created an for small businesses.

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.033 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2949 The SPEAKER pro tempore. The percentage of what the insurance will This unwise legislation undermines time of the gentleman has expired. cost. They will be thrown into the mar- our fiscal condition by wasting an op- Mr. POLIS. I will be happy to yield ket at an age where they have pre- portunity to leverage local funding. an additional 30 seconds to the gen- existing conditions. And under the Re- Providing capital support to school- tleman from California. publican proposal, there are no—there based health centers is a Federal in- Mr. GARAMENDI. The exchanges are no ways in which they are going to vestment that is a good deal for tax- create a market, ladies and gentlemen. be protected from the insurance com- payers. That is because when we pro- They create a market. It is a market- panies, who we know have one motive, vide modest Federal support to school driven program in which competition and that is profit before people. Profit capital projects, local and State fund- occurs, competition between the insur- before people is the way it has been for ing, in partnership with nonprofits and ance companies who have to offer qual- the health insurance companies from community health clinics, is spent on ity and price. the get-go, and that is precisely what operating activities, staffing and other Have you got a problem with com- the Republicans want to give us. equipment. What a great value for our petition? Apparently so. You want to We will not have it. While they’re at Federal dollar. do away with the exchanges. Appar- it, they want to take those reductions Likewise, the value of this Federal ently what you really want to do is to in Medicare expenditures and continue investment is immense to local dis- hand the entire game over to the insur- giving money to the wealthiest people tricts, many of whom are at their ance companies, removing all of the in America so that the wealthiest peo- bonding capacity, who can’t build controls, removing all of the necessity ple in America can continue to enjoy school-based health centers on their for them to compete, and apparently ever more wealth, while the middle own. However, many of these districts create some sort of an association plan class enjoys ever more poverty. It is an will benefit tremendously, and the stu- so the public can be ripped off. abomination, and there is no way this dents and families, from school-based ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Nation should abandon a proven pro- health care clinics. The SPEAKER pro tempore. Mem- gram that for 42 years has provided The research is clear, Mr. Speaker. bers are advised to address their com- quality medical care to seniors. Over a decade of studies consistently ments to the Chair and not to others in Now, do you want to go after the cost find positive benefits of school-based the second person. in medicine? Then let’s go after the health centers. These benefits include Mr. REED. Mr. Speaker, I yield 1 overall cost of medicine, not deny to- better student academic achievement, minute to my colleague from Ten- morrow’s seniors the benefit of Medi- increased school attendance and re- nessee (Mr. ROE). care. It is time to understand precisely duced tardiness among inner-city chil- Mr. ROE of Tennessee. I thank the what the Republican budget does. It dren who receive counseling in the gentleman for yielding. terminates Medicare, while giving ben- school-based health center, fewer Mr. Speaker, in Tennessee, 17, 18 efits to the wealthiest Americans. It school discipline referrals for students years ago now, we tried TennCare with should not happen. who receive mental health services, sort of an exchange. We have had seven Mr. REED. Mr. Speaker, I have no and increased learning readiness and or eight different plans competing for further requests for time, and I reserve parental involvement. your business, and in 10 years the costs the balance of my time. As we discuss in this Congress reduc- tripled in our State because of the Mr. POLIS. I yield myself the bal- ing the learning gap, helping all stu- intervention of the government. ance of my time. dents achieve, and ensuring that every Medicare, I want to speak to that Mr. Speaker, I want to further dis- American, regardless of where they very quickly. If you’re 65 years of age cuss the benefits of school-based health live, has access to hope and oppor- and you have Medicare, you keep it. If centers. A wide range of research and tunity through a quality education, you’re 55, if the Ryan plan goes evaluations have demonstrated that school-based health care clinics are an through, you keep it. If you’re younger school-based health centers are cost-ef- important part of the solution. In Colorado alone, there are 46 and you’re a more affluent senior, like fective investments in our Nation’s school-based health care clinics in 18 I am, you’re going to pay for your health care safety net for children and school districts, including one in the adolescents and also help improve aca- health insurance. Yes, you are. If Summit County School District, which demic performance. you’re someone like me with a higher I represent, which is applying for fund- Now, each school-based health pro- income, you are. If you’re lower income ing under this program, and another gram is different, as they should be. and you’re sick, you’re not. The Fed- applicant from Eagle County, Colorado. Some of the services often include eral Government will act like your em- Eight other Colorado applications are things like well-child and well-adoles- ployer does if you have the employer- going forward under this opportunity, cent exams, immunizations, treatment based insurance. That part of the pre- as they are throughout the Nation. mium is paid by them. You pay your for illness or injury, including manage- This is the initiative, Mr. Speaker, part of the premium. Again, it will be ment of chronic conditions, like obe- that Republicans are seeking to elimi- means-tested for a higher-income sen- sity, diabetes and asthma; and they nate. They say they want a fiscally re- ior. also frequently include services like sponsible budget and more jobs, but Why do we think that will work? Be- mental health assessment and treat- what we see instead is their priority to cause the only plan that I have seen ment, prevention programs to help re- stop programs that save money and this government ever pass that has duce smoking, to help reduce teenage create jobs and increase student come in under budget is Medicare part pregnancy rates, to help reduce vio- achievement and learning, like school- D. So I think there is a real chance for lence. They frequently include sub- based health care centers. this to help hold costs down. stance abuse counseling and nutrition There can be no doubt about how the Mr. POLIS. I am happy to yield 2 counseling, as well as dental cleaning. new majority is going about its busi- minutes to the gentleman from Cali- These are services that prevent cost- ness. There are no attempts to find fornia (Mr. GARAMENDI). ly emergency services and hospitaliza- common ground, like we have in House Mr. GARAMENDI. Let’s be very, very tions later and help keep kids in school Resolution 9, and to work on ways to clear about this. The Republican pro- where they should be learning. Most improve health care or to implement posal, the Republican budget proposal importantly, stronger school-based pooling mechanisms or to allow pur- that is before this Congress, terminates health centers lead to stronger, more chasing across State lines of insurance Medicare as we have had it since 1965. successful children and adolescents policies. Rather, we are dealing with For those young men and women who across the country. By bringing health press releases disguised as legislation are not yet 55, they will never see care services to the children where that will neither pass the other body Medicare. It’s over. And instead of hav- they spend most of their day, at school, nor be signed into law. ing Medicare, which is a guaranteed school-based health centers are a sen- health insurance program, when they sible and inexpensive way to deliver b 1310 retire at the age of 65, they will be basic health care services to children That’s not governance. That’s imma- given a voucher that will be worth a all over the country. turity. And the only Americans being

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.025 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2950 CONGRESSIONAL RECORD — HOUSE May 3, 2011 asked to sacrifice in the name of def- of 87 Republican Members of the House ment that impact our domestic manufacturing icit reduction are those who have very that are coming here and looking at base and its place in world markets. Unfortu- little, if not nothing, left to lose and no every dime, every dollar that is being nately, for too long the government’s pro- real way to fight back. That’s not lead- spent here in our Nation’s capital, be- motion of manufacturing has been ad hoc, ership. cause our Nation cannot afford it any- stovepiped and too reactive to economic Mr. Speaker, we can and must do bet- more, and no longer will we pass the downturns. Instead, we need to be proactive, ter. I urge my colleagues to oppose the buck on to our children and our grand- organized across the government, and encour- rule and the underlying bill. children so that they have to pay this aging of those who want to pursue emerging Mr. Speaker, if we defeat the pre- bill that we are no longer taking care markets and competitive technologies. vious question, I will offer an amend- of here in Washington, D.C. Furthermore, it is a matter of international ment to the rule to provide that imme- I would say that what we’re trying to competitiveness for our Nation. A number of diately after the House adopts this do with this health care debate is put our economic competitors—including Brazil, rule, it will bring up H.R. 1366, the Na- back into the debate in front of the Canada, China, Germany, India, Singapore, tional Manufacturing Strategy Act of American public the focus of this new South Africa, Russia, and the United Kingdom, 2011. This bill, introduced by Mr. LIPIN- Republican majority, and that is we among others—have developed and imple- SKI of Illinois, will require the Presi- are going to deal with this problem by mented national manufacturing strategies. As dent to develop a national manufac- getting to the root of the problem. The a recent report from the Information Tech- turing strategy in order to boost tradi- root of this problem is increasing nology and Innovation Foundation, entitled tional and high-tech manufacturing, health care costs that are going ‘‘The Case for a National Manufacturing Strat- spur American job growth, and through the roof. What we’re dealing egy’’, stated: ‘‘But most U.S. manufacturers, strengthen the middle class. with here when we look at the under- small or large, cannot thrive solely on their This bill passed the House on a bipar- lying ObamaCare package is we’re try- own; they need to operate in an environment tisan vote of 379–38 in the 111th Con- ing to minimize and mitigate health grounded in smart economic and innovation- gress. Manufacturing is a cornerstone insurance costs. That’s a piece of the supporting policies . . . Unfortunately, while of our Nation’s economy. The U.S. Gov- puzzle. But the crux of the issue and many other nations—and indeed many U.S. ernment, through its policies and pro- the fundamental issue that we face is states—are taking steps to boost the competi- grams, has major influence on our the increasing costs of health care, and tiveness of their manufacturing industries, the manufacturing base, and our national that is what we are doing on this side United States lacks a clear, coherent strategy security, energy, and transportation of the aisle. And we are focusing day to bolster the competitiveness of manufac- systems rely on that base. We must and night to make sure that we engage turing firms of all sizes and all sectors, a unify government programs, leading to in responsible oversight, we strip the shortcoming that must be rectified if the United increased efficiency, and promote poli- mandatory language of spending that States hopes to ‘win the future’ in manufac- cies to promote our domestic manufac- is being created out of these bills, and turing.’’ turing base to help our competitiveness we go forward so our children and This legislation enjoys widespread, bipar- in the global market. grandchildren will have a greater fu- tisan support from a range of industrial sec- Mr. Speaker, I ask unanimous con- ture than we envisioned and enjoyed in tors, labor, and the public. This bill passed the sent to insert the text of the amend- our lifetimes. House last year by an overwhelming vote of ment in the RECORD along with extra- Mr. LIPINSKI. Mr. Speaker, while today our 379–38, demonstrating that we have had the neous material immediately prior to Nation continues to confront many challenges, commitment to focus on the jobs and econ- the vote on the previous question. I persist in believing that the primary challenge omy—a mission that we should be working to The SPEAKER pro tempore. Is there we must address is job creation and economic restore. This year, my legislation has also gar- objection to the request of the gen- growth. So rather than considering more bills nered the support of a bipartisan group of 26 tleman from Colorado? to chip away at minor provisions of the Afford- of our colleagues who have cosponsored the There was no objection. able Care Act, we should be debating bills that bill, as well as the endorsement by the Amer- Mr. POLIS. Mr. Speaker, I urge my will stimulate our economy, improve our com- ican Iron and Steel Institute, the Association of colleagues to vote ‘‘no’’ and defeat the petitiveness, and help people get back to Manufacturing Technology, the AFL–CIO, the previous question so we can debate and work. For that reason, I urge my colleagues to Precision Metalforming Association and the pass jobs legislation today, rather than oppose the previous question, and allow the National Tooling & Machining Association. Fi- legislation to increase the health care House of Representatives to debate the Na- nally, a bipartisan poll conducted last year for premiums that Americans pay. tional Manufacturing Strategy Act, H.R. 1366, the Alliance for American Manufacturing found I urge a ‘‘no’’ vote on the rule and a bipartisan bill which I was proud to reintro- that 78 percent favor ‘‘a national manufac- the underlying bill, and I yield back duce earlier this year. turing strategy aimed at getting economic, tax, the balance of my time. A national manufacturing strategy would labor, and trade policies working together,’’ Mr. REED. In closing on these two help produce more private sector jobs and and 90 percent want some action to revitalize important bills that are now before shore-up America’s defense capabilities. My manufacturing. this House, I say that H.R. 1213 and legislation would require the Administration to I urge my colleagues in the House to join H.R. 1214 are dealing with an issue that collaborate with the private sector to conduct me in calling for action on jobs and the econ- the former Speaker of the House envi- a thorough analysis of the various factors that omy. While we have witnessed some positive sioned when she said during the debate affect American manufacturing, consider the economic progress, we still have a long way on the underlying health care bill, multitude of current government programs re- to go in getting Americans back to work. We ObamaCare, that Congress needed to lated to manufacturing, and identify goals and cannot continue to sit idly as our manufac- pass the bill so the American public recommendations for federal, State, local and turing base and quality, well-paying jobs de- could find out what is in it. Well, we’re private sector entities to pursue in order to part for China, India or elsewhere. We must finding out what’s in it. achieve the greatest economic opportunity for take action to provide a competitive and fo- These two bills will address provi- manufacturers in America. The strategy’s im- cused foundation for those who will continue sions that dictate and mandate billions plementation would be assessed annually and to make it in America, and we can do so now of dollars of spending without any ad- the strategy as a whole would have to be re- by passing the National Manufacturing Strat- ditional congressional oversight. To visited every four years, so that we can reas- egy Act. me, that is the critical piece. That is sess the global market and technological de- The material previously referred to the critical piece and why I urge my velopment, and plot a revised framework. by Mr. POLIS is as follows: colleagues to support this rule and pass Why is a national manufacturing strategy AN AMENDMENT TO H. RES. 236 OFFERED BY this legislation, because this body necessary? Because the federal government MR. POLIS OF COLORADO must stand up and adhere to its insti- has significant and broad influence on the do- tutional responsibilities of controlling At the end of the resolution, add the fol- mestic environment for manufacturing and our lowing new sections: the spending of our country because we national security, energy, and transportation SEC. 3. Immediately upon adoption of this are broke. That’s what an army was systems all rely on our manufacturing base. resolution the Speaker shall, pursuant to sent here to do in November, and I’m Yet there is little to unify the various programs clause 2(b) of rule XVIII, declare the House proud to be part of that freshman class and policies that exist throughout the govern- resolved into the Committee of the Whole

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.028 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2951 House on the state of the Union for consider- though it is generally not possible to amend Gohmert Lungren, Daniel Rohrabacher ation of the bill (H.R. 1366) to require the the rule because the majority Member con- Goodlatte E. Rokita President to prepare a quadrennial national trolling the time will not yield for the pur- Gosar Mack Rooney manufacturing strategy, and for other pur- pose of offering an amendment, the same re- Gowdy Manzullo Ros-Lehtinen Granger Marino Roskam poses. The first reading of the bill shall be sult may be achieved by voting down the pre- Graves (GA) McCarthy (CA) Ross (FL) dispensed with. All points of order against vious question on the rule. . . . When the Graves (MO) McCaul Royce consideration of the bill are waived. The bill motion for the previous question is defeated, Griffin (AR) McClintock Runyan shall be considered as read. General debate control of the time passes to the Member Griffith (VA) McCotter Ryan (WI) shall be confined to the bill and shall not ex- who led the opposition to ordering the pre- Grimm McHenry Scalise ceed one hour equally divided and controlled vious question. That Member, because he Guinta McKeon Schilling by the Majority Leader and Minority Leader then controls the time, may offer an amend- Guthrie McKinley Schmidt Hall McMorris Schock or their respective designees. After general ment to the rule, or yield for the purpose of Hanna Rodgers debate the bill shall be considered for amendment.’’ Schweikert Harper Meehan Scott (SC) amendment under the five-minute rule. All In Deschler’s Procedure in the U.S. House Harris Mica Scott, Austin points of order against provisions in the bill of Representatives, the subchapter titled Hartzler Miller (FL) Sensenbrenner Hastings (WA) Miller (MI) are waived. At the conclusion of consider- ‘‘Amending Special Rules’’ states: ‘‘a refusal Sessions Hayworth Miller, Gary ation of the bill for amendment the Com- to order the previous question on such a rule Shimkus Heck Mulvaney mittee shall rise and report the bill to the Shuler [a special rule reported from the Committee Hensarling Murphy (PA) Shuster House with such amendments as may have on Rules] opens the resolution to amend- Herger Myrick Simpson been adopted. The previous question shall be ment and further debate.’’ (Chapter 21, sec- Herrera Beutler Neugebauer considered as ordered on the bill and amend- tion 21.2) Section 21.3 continues: ‘‘Upon re- Huelskamp Noem Smith (NE) ments thereto to final passage without inter- jection of the motion for the previous ques- Huizenga (MI) Nugent Smith (NJ) Smith (TX) vening motion except one motion to recom- tion on a resolution reported from the Com- Hunter Nunes Hurt Nunnelee Southerland mit with or without instructions. If the mittee on Rules, control shifts to the Mem- Stearns Committee of the Whole rises and reports Issa Olson ber leading the opposition to the previous Jenkins Palazzo Stivers that it has come to no resolution on the bill, question, who may offer a proper amendment Johnson (IL) Paul Stutzman then on the next legislative day the House or motion and who controls the time for de- Johnson (OH) Paulsen Sullivan shall, immediately after the third daily bate thereon.’’ Jones Pearce Terry order of business under clause 1 of rule XIV, Clearly, the vote on the previous question Jordan Pence Thompson (PA) Thornberry resolve into the Committee of the Whole for on a rule does have substantive policy impli- Kelly Petri King (IA) Pitts Tiberi further consideration of the bill. cations. It is one of the only available tools Tipton Sec. 4. Clause 1(c) of rule XIX shall not King (NY) Platts for those who oppose the Republican major- Kingston Poe (TX) Turner apply to the consideration of the bill speci- ity’s agenda and allows those with alter- Kinzinger (IL) Pompeo Upton fied in section 3 of this resolution. native views the opportunity to offer an al- Kline Posey Walberg (The information contained herein was ternative plan. Labrador Price (GA) Walden provided by the Republican Minority on mul- Lamborn Quayle Walsh (IL) tiple occasions throughout the 110th and Mr. REED. Mr. Speaker, I urge the Lance Reed Webster 111th Congresses.) adoption of this rule. Landry Rehberg West I yield back the balance of my time, Lankford Reichert Westmoreland THE VOTE ON THE PREVIOUS QUESTION: WHAT Latham Renacci Whitfield IT REALLY MEANS and I move the previous question on LaTourette Ribble Wilson (SC) This vote, the vote on whether to order the the resolution. Latta Rigell Wittman previous question on a special rule, is not The SPEAKER pro tempore. The Lewis (CA) Rivera Wolf merely a procedural vote. A vote against or- question is on ordering the previous LoBiondo Roby Womack Long Roe (TN) Woodall dering the previous question is a vote question. Lucas Rogers (AL) Yoder against the Republican majority agenda and The question was taken; and the Luetkemeyer Rogers (KY) Young (AK) a vote to allow the opposition, at least for Speaker pro tempore announced that Lummis Rogers (MI) Young (IN) the moment, to offer an alternative plan. It is a vote about what the House should be de- the ayes appeared to have it. NAYS—185 Mr. POLIS. Mr. Speaker, on that I bating. Ackerman Davis (IL) Kaptur Mr. Clarence Cannon’s Precedents of the demand the yeas and nays. Andrews DeFazio Keating House of Representatives (VI, 308–311), de- The yeas and nays were ordered. Baca DeGette Kildee scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- Baldwin DeLauro Kind the rule as ‘‘a motion to direct or control the Barrow Deutch Kissell ant to clause 9 of rule XX, this 15- Bass (CA) Dicks Kucinich consideration of the subject before the House minute vote on ordering the previous being made by the Member in charge.’’ To Becerra Dingell Langevin Berkley Doggett Larsen (WA) defeat the previous question is to give the question will be followed by a 5-minute vote on adoption of the resolution if it Berman Donnelly (IN) Larson (CT) opposition a chance to decide the subject be- Bishop (GA) Doyle Lee (CA) fore the House. Cannon cites the Speaker’s is ordered. Bishop (NY) Edwards Levin ruling of January 13, 1920, to the effect that The vote was taken by electronic de- Blumenauer Ellison Lewis (GA) ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 234, nays Boswell Engel Loebsack mand for the previous question passes the 185, not voting 13, as follows: Brady (PA) Eshoo Lofgren, Zoe control of the resolution to the opposition’’ Braley (IA) Farr Lowey [Roll No. 279] Brown (FL) Fattah Luja´ n in order to offer an amendment. On March Butterfield Filner Lynch 15, 1909, a member of the majority party of- YEAS—234 Capps Frank (MA) Maloney fered a rule resolution. The House defeated Adams Buchanan Diaz-Balart Capuano Fudge Markey the previous question and a member of the Aderholt Bucshon Dold Cardoza Garamendi Matheson opposition rose to a parliamentary inquiry, Akin Buerkle Dreier Carnahan Gonzalez Matsui asking who was entitled to recognition. Alexander Burgess Duffy Carney Green, Al McCarthy (NY) Speaker Joseph G. Cannon (R–Illinois) said: Altmire Burton (IN) Duncan (SC) Carson (IN) Green, Gene McCollum Amash Calvert Duncan (TN) Castor (FL) Grijalva McDermott ‘‘The previous question having been refused, Austria Camp Ellmers Chandler Gutierrez McGovern the gentleman from New York, Mr. Fitz- Bachmann Campbell Farenthold Chu Hanabusa McIntyre gerald, who had asked the gentleman to Bachus Canseco Fincher Cicilline Hastings (FL) McNerney yield to him for an amendment, is entitled to Barletta Cantor Fitzpatrick Clarke (MI) Heinrich Meeks the first recognition.’’ Bartlett Capito Flake Clarke (NY) Higgins Michaud Because the vote today may look bad for Barton (TX) Carter Fleischmann Clay Himes Miller (NC) the Republican majority they will say ‘‘the Bass (NH) Chabot Fleming Cleaver Hinchey Miller, George Benishek Chaffetz Flores Clyburn Hinojosa Moore vote on the previous question is simply a Berg Coble Forbes Cohen Hirono Moran vote on whether to proceed to an immediate Biggert Coffman (CO) Fortenberry Connolly (VA) Holden Murphy (CT) vote on adopting the resolution . . . [and] Bilirakis Cole Foxx Conyers Holt Nadler has no substantive legislative or policy im- Bishop (UT) Conaway Franks (AZ) Cooper Honda Napolitano plications whatsoever.’’ But that is not what Black Cravaack Frelinghuysen Costa Hoyer Neal they have always said. Listen to the Repub- Blackburn Crawford Gallegly Costello Inslee Olver lican Leadership Manual on the Legislative Bonner Crenshaw Gardner Courtney Israel Owens Bono Mack Culberson Garrett Critz Jackson (IL) Pallone Process in the United States House of Rep- Boren Davis (KY) Gerlach Crowley Jackson Lee Pascrell resentatives (6th edition, page 135). Here’s Boustany Denham Gibbs Cuellar (TX) Pastor (AZ) how the Republicans describe the previous Brady (TX) Dent Gibson Cummings Johnson (GA) Payne question vote in their own manual: ‘‘Al- Brooks DesJarlais Gingrey (GA) Davis (CA) Johnson, E. B. Pelosi

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.004 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2952 CONGRESSIONAL RECORD — HOUSE May 3, 2011 Perlmutter Sanchez, Loretta Tonko Huizenga (MI) Meehan Runyan Schiff Stark Wasserman Peters Sarbanes Towns Hultgren Mica Ryan (WI) Schrader Sutton Schultz Peterson Schakowsky Tsongas Hunter Miller (FL) Scalise Schwartz Thompson (CA) Waters Pingree (ME) Schiff Van Hollen Hurt Miller (MI) Schilling Scott (VA) Thompson (MS) Watt Polis Schrader Vela´ zquez Issa Miller, Gary Schmidt Scott, David Tierney Waxman Price (NC) Schwartz Visclosky Jenkins Mulvaney Schock Serrano Tonko Weiner Quigley Scott (VA) Walz (MN) Johnson (IL) Murphy (PA) Schweikert Sewell Towns Welch Rahall Scott, David Wasserman Johnson (OH) Myrick Scott (SC) Sherman Tsongas Wilson (FL) Rangel Serrano Sires Van Hollen Schultz Jones Neugebauer Scott, Austin Woolsey Reyes Sewell Jordan Noem Slaughter Vela´ zquez Waters Sensenbrenner Wu Richardson Sherman Kelly Nugent Smith (WA) Visclosky Watt Sessions Yarmuth Richmond Sires King (IA) Nunes Speier Walz (MN) Waxman Shimkus Ross (AR) Slaughter King (NY) Nunnelee Shuler Rothman (NJ) Smith (WA) Weiner Kingston Olson NOT VOTING—10 Welch Shuster Roybal-Allard Speier Kinzinger (IL) Palazzo Simpson Bilbray Giffords Rush Ruppersberger Sutton Wilson (FL) Kline Paul Smith (NE) Broun (GA) Heller Young (FL) Ryan (OH) Thompson (CA) Woolsey Labrador Paulsen Smith (NJ) Cassidy Johnson, Sam Sa´ nchez, Linda Thompson (MS) Wu Lamborn Pearce Smith (TX) Emerson Lipinski T. Tierney Yarmuth Lance Pence Southerland Landry Petri Stearns b 1347 NOT VOTING—13 Lankford Pitts Stivers Bilbray Heller Rush Latham Platts So the resolution was agreed to. Stutzman Broun (GA) Hultgren Stark LaTourette Poe (TX) The result of the vote was announced Sullivan Cassidy Johnson, Sam Latta Pompeo Young (FL) Terry as above recorded. Emerson Lipinski Lewis (CA) Posey Thompson (PA) Giffords Marchant LoBiondo Price (GA) A motion to reconsider was laid on Long Quayle Thornberry the table. b 1340 Lucas Reed Tiberi Luetkemeyer Rehberg Tipton f Messrs. HIGGINS, CLARKE of Michi- Turner Lummis Reichert RE-REFERRAL OF H.R. 1425, CRE- gan, Mrs. MALONEY, Mr. MCINTYRE, Lungren, Daniel Renacci Upton Walberg ATING JOBS THROUGH SMALL Ms. VELA´ ZQUEZ and Mr. FATTAH E. Ribble Mack Rigell Walden BUSINESS INNOVATION ACT OF changed their vote from ‘‘yea’’ to Walsh (IL) Manzullo Rivera 2011 ‘‘nay.’’ Marchant Roby Webster So the previous question was ordered. Marino Roe (TN) West Mr. HALL of Texas. Mr. Speaker, I McCarthy (CA) Rogers (AL) Westmoreland ask unanimous consent that H.R. 1425 The result of the vote was announced McCaul Rogers (KY) Whitfield as above recorded. McClintock Rogers (MI) Wilson (SC) be re-referred to the Committee on Stated for: McCotter Rohrabacher Wittman Small Business and, in addition, to the McHenry Rokita Wolf Committees on Science, Space, and Mr. HULTGREN. Mr. Speaker, on rollcall McIntyre Rooney Womack No. 279 I was unavoidably detained. Had I McKeon Ros-Lehtinen Woodall Technology and Armed Services. been present, I would have voted ‘‘yea.’’ McKinley Roskam Yoder The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The McMorris Ross (FL) Young (AK) objection to the request of the gen- question is on the resolution. Rodgers Royce Young (IN) tleman from Texas? The question was taken; and the NOES—185 There was no objection. Speaker pro tempore announced that Ackerman Doggett Lowey f the ayes appeared to have it. Andrews Donnelly (IN) Luja´ n GENERAL LEAVE RECORDED VOTE Baca Doyle Lynch Baldwin Edwards Maloney Mr. UPTON. Mr. Speaker, I ask unan- Mr. POLIS. Mr. Speaker, I demand a Barrow Ellison Markey recorded vote. Bass (CA) Engel Matheson imous consent that all Members may A recorded vote was ordered. Becerra Eshoo Matsui have 5 legislative days to revise and ex- Berkley Farr McCarthy (NY) tend their remarks on H.R. 1213 and to The SPEAKER pro tempore. This is a Berman Fattah McCollum 5-minute vote. Bishop (GA) Filner McDermott insert extraneous material on the bill. The vote was taken by electronic de- Bishop (NY) Frank (MA) McGovern The SPEAKER pro tempore. Is there vice, and there were—ayes 237, noes 185, Blumenauer Fudge McNerney objection to the request of the gen- Boswell Garamendi Meeks tleman from Michigan? not voting 10, as follows: Brady (PA) Gonzalez Michaud [Roll No. 280] Braley (IA) Green, Al Miller (NC) There was no objection. Brown (FL) Green, Gene Miller, George f AYES—237 Butterfield Grijalva Moore Adams Canseco Foxx Capps Gutierrez Moran REPEALING MANDATORY FUNDING Aderholt Cantor Franks (AZ) Capuano Hanabusa Murphy (CT) Akin Capito Frelinghuysen Cardoza Hastings (FL) Nadler FOR STATE HEALTH INSURANCE Alexander Carter Gallegly Carnahan Heinrich Napolitano EXCHANGES Altmire Chabot Gardner Carney Higgins Neal Amash Chaffetz Garrett Carson (IN) Himes Olver The SPEAKER pro tempore. Pursu- Austria Coble Gerlach Castor (FL) Hinchey Owens ant to House Resolution 236 and rule Bachmann Coffman (CO) Gibbs Chandler Hinojosa Pallone XVIII, the Chair declares the House in Bachus Cole Gibson Chu Hirono Pascrell Barletta Conaway Gingrey (GA) Cicilline Holden Pastor (AZ) the Committee of the Whole House on Bartlett Cravaack Gohmert Clarke (MI) Holt Payne the state of the Union for the consider- Barton (TX) Crawford Goodlatte Clarke (NY) Honda Pelosi ation of the bill, H.R. 1213. Bass (NH) Crenshaw Gosar Clay Hoyer Perlmutter Benishek Culberson Gowdy Cleaver Inslee Peters b 1349 Berg Davis (KY) Granger Clyburn Israel Peterson Biggert Denham Graves (GA) Cohen Jackson (IL) Pingree (ME) IN THE COMMITTEE OF THE WHOLE Bilirakis Dent Graves (MO) Connolly (VA) Jackson Lee Polis Accordingly, the House resolved Bishop (UT) DesJarlais Griffin (AR) Conyers (TX) Price (NC) Black Diaz-Balart Griffith (VA) Cooper Johnson (GA) Quigley itself into the Committee of the Whole Blackburn Dold Grimm Costa Johnson, E. B. Rahall House on the state of the Union for the Bonner Dreier Guinta Costello Kaptur Rangel consideration of the bill (H.R. 1213) to Bono Mack Duffy Guthrie Courtney Keating Reyes repeal mandatory funding provided to Boren Duncan (SC) Hall Critz Kildee Richardson Boustany Duncan (TN) Hanna Crowley Kind Richmond States in the Patient Protection and Brady (TX) Ellmers Harper Cuellar Kissell Ross (AR) Affordable Care Act to establish Amer- Brooks Farenthold Harris Cummings Kucinich Rothman (NJ) ican Health Benefit Exchanges, with Buchanan Fincher Hartzler Davis (CA) Langevin Roybal-Allard Bucshon Fitzpatrick Hastings (WA) Davis (IL) Larsen (WA) Ruppersberger Mr. LATOURETTE in the chair. Buerkle Flake Hayworth DeFazio Larson (CT) Ryan (OH) The Clerk read the title of the bill. Burgess Fleischmann Heck DeGette Lee (CA) Sa´ nchez, Linda The CHAIR. Pursuant to the rule, the Burton (IN) Fleming Hensarling DeLauro Levin T. bill is considered read the first time. Calvert Flores Herger Deutch Lewis (GA) Sanchez, Loretta Camp Forbes Herrera Beutler Dicks Loebsack Sarbanes The gentleman from Michigan (Mr. Campbell Fortenberry Huelskamp Dingell Lofgren, Zoe Schakowsky UPTON) and the gentleman from New

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.003 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2953 Jersey (Mr. PALLONE) each will control will be pushed into the exchanges, and advocate, which is what a lot of the Re- 30 minutes. a million more Americans will retain publicans have been saying all along, The Chair recognizes the gentleman their employer-provided health care why would you want to force the from Michigan. coverage. States to not have their own flexi- Mr. UPTON. I yield myself such time This bill is about accountability to bility, not set up their own State ex- as I may consume. taxpayers and fiscal responsibility in changes and instead set up a Federal Mr. Chairman, this bill is part of our the Congress. I urge my colleagues to exchange? effort to restore fiscal accountability support this bill that will reduce the The exchanges aren’t going to go to the Federal Government. In the rush deficit by $14 billion. away with this legislation. It’s simply to pass some kind, any kind of health At this point, Mr. Chairman, I would going to mean that the States can’t do care reform, the 111th Congress enacted ask unanimous consent that all of my a good job, or that they’re going to a massive law, 2,000 and some pages, remaining time be given to Dr. BUR- yield that power to the Federal Gov- that gave the Secretary of HHS unprec- GESS to manage the bill on the floor. ernment and you’re going to have a na- edented new authority. The CHAIR. Without objection, the tional exchange. gentleman from Texas will control the b 1350 This is the worst time to do this. As time. we know, States are hurting. They Although it got little attention at There was no objection. don’t have money. Most of them have a Mr. PALLONE. I yield myself 3 min- the time, one of those new powers is an crisis in terms of balancing their budg- unlimited tap on the Federal Treasury. utes. Mr. Chairman, this is just another in et. Why would you want to deny them Section 1311(a) of PPACA provides the money to set up the exchange? the Secretary of HHS a direct appro- the Republican series of efforts to try to repeal the Affordable Care Act. I I’ll give you an example in my own priation of such sums as necessary for State. My own State has applied for grants to states to facilitate the pur- don’t need to say, but I will say over and over again how effective the Af- some of these grants. They are using it chase of qualified health plans in newly to do demographics to find out what created exchanges. Shockingly, the fordable Care Act has been. We have already put in place most of kind of people they have, what their Congress gave an executive branch offi- health care needs are, so they can tai- cial the sole authority to determine the anti-discriminatory aspects of the Affordable Care Act so that people now lor the State exchange in a way that’s the size of the appropriation. Without can have their children up to 26 on most effective to cover the most Amer- any further Congressional action, the their insurance policy. They don’t have icans and provide them good quality Secretary can literally spend hundreds lifetime or annual limits on care. health care at a low cost. That’s what of billions of dollars at the Depart- We’ve ended arbitrary rescissions. this is all about. ment’s discretion. The only real re- We’re giving patients access to preven- And for the Republicans today to striction on this unlimited appropria- tive services without cost. We’ve begun bring this bill up in their effort to try tion is the Secretary’s imagination. the process of filling up the doughnut to repeal the whole package, it abso- Given Washington’s reckless fiscal hab- hole by giving seniors a $250 rebate last lutely makes no sense whatsoever. I its, Americans concerned about record year, and now a 50 percent discount on just don’t understand it. spending, deficits, and debt have much the drugs. The list goes on and on. Peo- They talk about mandatory funding. to fear from section 1311(a) of PPACA. ple are starting to see the benefits of Well, we have mandatory funding for This unprecedented tap on the Fed- the Affordable Care Act. Medicare, for Medicaid, for all kind of eral Treasury should never have been But as you know, over the next few things in this Congress. All they’re granted to one individual, and given years, until 2014, one of the major bene- going to do with this is make it more the huge uncertainty regarding fits of it is that we will now cover al- difficult for the States to establish PPACA, it certainly should not be con- most every American; 32 more million their own exchange. tinued now. Two Federal district Americans that have no insurance now, I reserve the balance of my time. courts have struck down the law. State with a guaranteed good benefits pack- Mr. BURGESS. Mr. Chairman, I AGs have asked for an expedited review age, lower costs, and help in paying would just remind the gentleman, the of the litigation, but this administra- their premiums. ranking member from New Jersey, in tion has refused to let it happen. As a The fact of the matter is, the Repub- our committee hearing earlier this result, the future of the law remains licans want to eliminate all this. And year we heard from the Governor of certainly murky. Both supporters and when they talk today about bringing Utah who had been setting up a state opponents should be able to agree that up a bill that would eliminate the exchange prior to the passage of the resolving the case expeditiously in the grants or the funding for the state ex- Patient Protection and Affordable Care courts, the Supreme Court, is in the changes, this is at the core of the Af- Act, and now was left with an uncom- best interest of the country. fordable Care Act because, without ef- fortable situation where it has been But, in the interim, we should not be fective state exchanges, robust state ruled unconstitutional by two district spending billions of dollars, billions of exchanges that are actually tailored, if courts. He’s waiting for whatever hap- dollars of taxpayers’ dollars on some- you will, to individual States, it will be pens in the court system. But as he thing that might never happen. Repeal- more difficult to do the things that I told us in committee, ‘‘I’m walking on ing the fund will protect precious tax- mentioned that are the commitment shifting sands. I no longer know where payer resources at a time of record red and the promise of the Affordable Care to go. Passage of the Patient Protec- ink. Rampant spending on the Federal Act. tion and Affordable Care Act has made credit card is unsustainable and cer- Now, what I don’t understand though my life infinitely harder.’’ tainly dangerous. And the Federal Gov- is that my colleagues on the other side I would now yield 2 minutes to the ernment is now going to be borrowing of the aisle have always been advocates gentleman from New Jersey (Mr. 42 cents of every dollar for these for States’ rights. The consequence of LANCE). grants, $58,000 every second. Just think their legislation today if it were to be- Mr. LANCE. Mr. Chairman, I rise about this. We’re facing a $1.6 trillion come law would mean that States, and today in support of H.R. 1213. We cur- deficit, and the President’s budgets 49 States and most of the territories rently have a debt in this country of will nearly double the national debt have asked for these grants, would be $14 trillion and it is rising rapidly. The from $14 trillion to $26 trillion. denied these grants to set up the State annual deficit this year will be $1.65 This program in PPACA is a prime exchanges. Most likely, what will hap- trillion, the largest as a percentage of example of the hidden costs of the pen then is that, rather than have a gross domestic product since 1945. health care law. While the program State exchange which is tailored to Current levels of Federal spending itself, remember, was billed as costing their own State and their own con- are simply unsustainable. We cannot taxpayers $2 billion, CBO confirmed to stituents, they will end up having a continue on this fiscal path that we us last week that repealing the pro- Federal or national exchange. have been traveling. gram will reduce the deficit by $14 bil- Now frankly, I don’t have a problem To this end, the House Energy and lion. That’s because fewer Americans with that. But if you’re a States rights Commerce Committee has spent nearly

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.038 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2954 CONGRESSIONAL RECORD — HOUSE May 3, 2011 the entire portion of its spring session nesses to choose their health insur- program requirements to ensure proper identifying excess and unaccounted ance. oversight. That’s why we need to pass spending within programs, particularly Fifth and notably, 85 percent of the this bill. This is fiscal responsibility. It the President’s health care bill, in an total $14 billion in cuts comes at the is fiscally irresponsible to argue, as effort to decrease Federal expendi- expense of low- and moderate-income they say, for giving any one in the Ad- tures, in an effort to put our Nation on Americans who are not able to access ministration as an individual unlim- a path of fiscal responsibility. health insurance through exchanges. ited, mandatory spending authority, This is one of the legislative fruits of It is time to stop debating bills that which is what is in ObamaCare. the committee’s efforts. According to move the country in the wrong direc- I am glad we have an opportunity to the nonpartisan Congressional Budget tion for political reasons. This bill correct this legislative error. We must Office, passage of this bill to repeal the takes a direct shot at the heart of gain fiscal control over our govern- Federal health care insurance ex- health reform and at the new market- ment programs, starting with these ex- change funding requirements would place that marks the end of insurance changes. Whether it’s recapturing save American taxpayers $14 billion company abuses, and it puts Americans wasteful stimulus program dollars, over the next 10 years. in charge of their health care. eliminating fraud or using the appro- I urge my colleagues here in the This is the wrong bill at the wrong priations process to set budgetary pri- House to pass this fiscally responsible time. It accomplishes nothing. We still orities rather than mandatory spend- piece of legislation that takes an im- don’t know what the Republican pro- ing, we must all exercise fiscal re- portant step in defunding the health posal would be for health care. They straint, and that is what this bill does. care law and reduces Federal spending said they were going to repeal it and Just because we followed Greece into and the deficit, and I hope that at an then replace it. We don’t know what democracy does not mean that we early date the Supreme Court will rule they would replace it with. What we do should follow them into bankruptcy. on the constitutionality of the health know is that, for health care like Medi- Mr. PALLONE. I now yield 11⁄2 min- care law. care and Medicaid, which insure mil- utes to the gentleman from New York lions of Americans, their proposal (Mr. ENGEL). b 1400 would be to decimate those two pro- Mr. ENGEL. I thank my friend for Mr. PALLONE. Mr. Chairman, I yield grams. With this bill, they would like yielding to me, and I rise in strong op- 4 minutes to the ranking member of to be sure, evidently, that States and position to this bill. our full Energy and Commerce Com- working families don’t have access to As Ronald Reagan used to say, There mittee, the gentleman from California private insurance and that they don’t you go again. (Mr. WAXMAN). have the ability to choose the best deal And there my Republican colleagues Mr. WAXMAN. Mr. Chairman, we are for them and their families. go again. not focusing on the big issues that the I urge the defeat of this bill. We sat through days and days of this American people care about with this Mr. BURGESS. Mr. Chairman, I yield in the Health Subcommittee and in the bill. Instead, what we have before us is 2 minutes to the subcommittee chair- Energy and Commerce full committee. not a bill to increase jobs or to help man of the Oversight and Investiga- This is—I don’t know—the third or those lives torn apart by the recent tions Subcommittee, the gentleman fourth or fifth or sixth bill on the floor natural disaster storms or to address from Florida (Mr. STEARNS). which is trying to destroy the health the country’s high energy costs. Unfor- (Mr. STEARNS asked and was given care bill. I proudly support the health tunately, what the Republican leader- permission to revise and extend his re- care bill, and I think it’s time to stop ship offers up, once again, is a debate marks.) scaring the American people. This is on the Affordable Care Act. This is an- Mr. STEARNS. Mr. Chairman, there political theater. The Senate is not other piece of legislation that is going are two points or arguments that I’ve going to pass this, and the President nowhere. The Senate will never pass it, heard from the other side. certainly would veto it if it passes. So and the President will never sign it. One, they are talking about States’ all we are having is, once again, an- This bill, H.R. 1213, was analyzed by rights. It’s really almost pathetic to other debate about health care on the the Congressional Budget Office, and think that they are arguing on States’ House floor again and again and again. the budgetary estimate shows this bill rights, because the health care bill I think my friends on the other side diminishes coverage and raises costs. It that they and the administration are of the aisle have made their point. punishes the States, and especially advocating forces State governments They oppose health care reform. Okay. hurts working Americans and their to pay for existing established ex- Fine. How many times do we have to families. changes. No States rights there. That’s vote on it? It would repeal the Afford- First, the bill will leave people unin- part of what the Secretary of Health able Health Care Act, a bill which puts sured. This legislation, according to and Human Services will do, and she the American people back in charge of the Congressional Budget Office, will will use this money as an incentive to their health care by requiring insur- result in lower enrollment by an esti- bribe them, which is unlimited to her, ance companies to be more transparent mated 5 percent to 10 percent below the to force States to pay for existing es- and accountable for their costs and ac- levels expected under current law be- tablished exchanges. But once they do tions, thus ending many of the worst tween 2014 and 2016. In other words, it, the money will stop. abuses by the industry and improving there would be almost 2 million fewer The other point is that they are say- the quality of care. people enrolled in State exchanges. ing we aren’t talking about jobs and I urge my colleagues to vote against Second, it will increase the costs to that we’re focusing on this particular this bill. employers as they continue to fight off bill that’s not really getting us jobs. Mr. BURGESS. Mr. Chairman, I yield a sluggish economy. Yet this bill does focus on spending. 2 minutes to the gentlelady from Ten- Third, it will increase costs to con- It’s limiting spending. With the na- nessee (Mrs. BLACKBURN). sumers through increased premiums in tional debt of the United States just Mrs. BLACKBURN. Mr. Chairman, I the individual market. increased by $262 billion at the start of rise in support of the bill because this Fourth, without Federal assistance, this year, we need to handle our debt is the right step at the right time. If fewer States would be able to set up here in this country and control spend- you’re listening to the American peo- and operate State-run exchanges. Cur- ing. ple, one of the things they have said rently, 49 States, the District of Co- So I am pleased that we are taking loud and clear is that they do not want lumbia and four territories have gotten up H.R. 1213, which would eliminate the ObamaCare bill on the books. They beyond the ideological debate that we uncapped, unlimited programs in the want this repealed. are having over and over again in this Patient Protection and Affordable Care When my colleagues ask ‘‘how many House, and they have responded by Act, which is ObamaCare. This provi- times do we have to revisit this issue?’’ asking for funds so they can do the job sion grants far too much in budgetary we are going to keep revisiting this of setting up a marketplace in which it authority to the Secretary of Health issue until we get every single piece of would be best for families and busi- and Human Services and far too few this bill off the books, because it is too

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.040 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2955 expensive to afford. A great example of have already received funds to begin I urge the strong support of H.R. 1213 this is exactly what we’re dealing with, this process. Many States are poised to so that we can stop this horrible piece which is the little slice of it that gives move from planning to implementa- of mandatory spending. as much as may be needed, as much as tion. However, repeal would stop this Mr. PALLONE. Mr. Chairman, I yield may be consumed, as much as the HHS development in its tracks. 11⁄2 minutes to the gentlewoman from Secretary says they will need for this What is clear is that a vote for this Wisconsin (Ms. BALDWIN). unlimited slush fund to give money to bill does not reduce costs; it just shifts Ms. BALDWIN. I thank the gen- the States for these grants. them onto the backs of already cash- tleman. Now, I will remind my colleagues strapped States. It means delays: Mr. Chairman, I rise in opposition to from across the aisle that our former Delays that CBO has noted will lead to this Republican proposal because it Democrat Governor has called this pro- increased costs for consumers; delays will not create jobs, it will not stimu- gram the ‘‘mother of all unfunded man- that will result in 2 million more late our struggling economy, and it dates.’’ Mr. Chairman, there is a reason Americans being uninsured through will not put the middle class back to he called this program such. It is be- 2015 alone. work. Instead, the bill that we are con- cause he knows that putting this bur- I find it ironic that my Republican sidering today would take away fund- den onto the States is far too expensive colleagues, who for so long have called ing for States to offer new affordable for the States to afford. It doesn’t for increasing a State’s autonomy, are insurance options for their citizens. make it right to set up a slush fund, here to vote down a program that does And this bill would lead to job loss, which will have no congressional over- exactly that, especially when their hindering our fragile economic recov- sight. The HHS Secretary can spend as vote will lead to increased costs and ery. much as she thinks is necessary, and more Americans being uninsured. Bait and switch—that is what it is I urge my colleagues on both sides of she does not have to come back to us in called when you say one thing and do the aisle to vote against H.R. 1213. Congress for this. another, when you run for office prom- Mr. BURGESS. Mr. Chairman, I yield We do not need legislation with this ising to create jobs and bolster the 2 minutes to a valuable member of the nebulous language, and we do not need economy and get elected and start committee, the gentleman from Kansas to give that authority of spending tax- doing something entirely different. (Mr. POMPEO). Last election was about jobs and the payer money on this to the HHS Sec- (Mr. POMPEO asked and was given economy, and Congress should be at retary. It is important that we distin- permission to revise and extend his re- the forefront. But instead of leading guish: Are we for reforming health marks.) care? There are portions of health care Mr. POMPEO. Mr. Chairman, I rise and putting Americans back to work, that need to be reformed; but what today in strong support of H.R. 1213, a we are considering a bill to repeal fund- happened in ObamaCare? PPACA is not repeal of a mandatory piece of spend- ing that will create jobs and provide health care reform. It is a movement ing inside of ObamaCare that will do a families and small businesses with ac- away from patient-centered health care great deal to not only destroy health cess to affordable health care options. to government control. It is time for us care in America but destroy jobs in Forty-eight States, including my to get back on the right track. Kansas and all across our country. home State of Wisconsin, have already received up to $1 million each to get b 1410 I spent the last couple weeks back in the district. I was in Greenwood and health insurance exchanges up and run- Mr. PALLONE. Mr. Chairman, I yield Elk and Chautauqua and Montgomery ning, including hiring key staff for im- myself 15 seconds. County, in Butler County and Sedg- plementation. In other words, this I hold the gentlewoman in a lot of re- wick County. I heard the ranking mem- funding is creating jobs. spect, but it bothers me that you say ber today say he wants us to do the This Republican bill raises a very im- we are going to come back and keep people’s work. I will tell you that every portant question: Are we going to ask voting and voting again on repeal, re- day I heard about people that were cash-strapped States to return the peal, repeal. We know this isn’t going frightened by ObamaCare. I talked to money they have already been award- to pass the Senate. business leaders that understood that ed? Are we going to prevent these When I went home the last 2 weeks, the last thing they wanted to do was to States from receiving further funding all I heard was: What are you doing to hire a full-time employee because of that will create jobs? create jobs? Deal with the economy. the burdens and obligations that would I fail to see how rescinding these dol- When we deal with this and keep come from this piece of legislation. lars that will be used to create jobs is doing the same thing over and over I was proud at the very beginning of the right thing to do to get our econ- again, we don’t deal with jobs. my time in Congress to vote to repeal omy back on track, and I urge my col- I yield now 11⁄2 minutes to the gentle- the entire bill, and I am equally proud leagues to stand up for Americans woman from California (Mrs. CAPPS). today to attempt to put back in the looking for work and looking for af- Mrs. CAPPS. I thank my colleague box this mandatory spending provision. fordable health care and vote against for yielding. This spending provision gives, without this bill. Mr. Chairman, I rise in the strongest any oversight, any restraints, the Sec- Mr. BURGESS. Mr. Chairman, I opposition to this shortsighted legisla- retary of Health and Human Services would just point out that this bill only tion. We all know that the only reason powers that are very, very large. I hap- rescinds monies that have not been ob- this bill is before us today is to try to pen to have a special perspective on ligated. Monies that have been obli- derail the Affordable Care Act, which is that. gated would not be rescinded. already helping so many. And the ex- Today’s Secretary of HHS was my I now yield 2 minutes to the gen- changes this bill targets will make a Governor for the last 8 years. The last tleman from Iowa, STEVE KING. clear impact, making it easier for indi- thing that we want to do in health care Mr. KING of Iowa. I thank the gen- viduals and small businesses to shop is to give my former Governor an un- tleman from Texas for yielding, and I for insurance based on quality and limited checkbook. We have seen what also thank Dr. BURGESS for the leader- price. They will provide the key struc- that has done to Kansas. I know what ship role that he has taken nationally ture to ensure the numerous consumer that will do to the United States of in opposition to ObamaCare. His voice protections in the law are followed, and America. is essential to this and putting this un- they will make the health insurance This is very clear. When we talk constitutional bill behind us one day, market both more competitive and about health care, what we are talking taking us down the path of liberty and more transparent. about is trying to find a way to reduce freedom with a constitutional path. Furthermore, the exchange program costs. The absolute worst thing you I rise in strong support for H.R. 1213, gives States flexibility to build the can do if you are trying to reduce costs Mr. Chairman. best plan they can to meet the unique is give the government an unlimited I would point out that much has been needs of their residents. But this bill checkbook. They will spend it. They made of $105.5 billion in automatic would defund that, resulting in an un- will spend it every day. They will spend spending that was written into funded mandate. Forty-nine States it all the time. ObamaCare. That is a number that was

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.042 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2956 CONGRESSIONAL RECORD — HOUSE May 3, 2011 kind of like a mirage; it was hard to money, in almost every case, from your bill you will not be able to keep your pin down. Over time and working with own State to try to set up these ex- health insurance you like, in spite of CRS, we produced, finally, that num- changes and not have it become a na- promises made by the Democrats, peo- ber: $105.5 billion in automatic spend- tional exchange. ple were concerned that the new law ing written into a bill that I don’t So the gentleman can talk all he would encourage employers to drop think any Member of Congress—in fact, wants about the funding, but the fact health care coverage for workers. I am certain not a single Member of of the matter is it is most likely his In fact, we received some memos to Congress—was aware of that figure own State is asking for this funding so that effect as part of an investigation when ObamaCare was passed about 13 they can get these exchanges estab- that then-Chairman WAXMAN actually months ago. lished. Why do the Republicans want to initiated right after the passage of the However, this bill, H.R. 1213, doesn’t take money away from their own bill. But then when trying to pass the address that $105.5 billion in auto- State? bill, the Democrats repeatedly denied matic, irresponsible, unconstitutional I yield now 11⁄2 minutes to the gentle- those claims. Now they seem to relish spending. It addresses an open slot woman from the Virgin Islands (Mrs. the fact that employers will drop cov- where the drafters of ObamaCare just CHRISTENSEN). erage, and they actually see it as a simply overlooked writing a figure in b 1420 negative that 1 million people will con- when they granted, there, unlimited tinue to have employer-sponsored in- authority to the Secretary of Health Mrs. CHRISTENSEN. Mr. Chairman, surance, the coverage that they pre- and Human Services, Kathleen today I rise with great disappointment cisely wanted to keep. Sebelius, to spend the amount of to speak out against yet another at- I reserve the balance of my time. money that she sees fit to carry out tempt to repeal an Affordable Care Act Mr. PALLONE. Mr. Chairman, can I the provisions of this section that are provision that is at the very core of in- inquire how much time remains on repealed by H.R. 1213. creasing access to health care for the both sides? It wasn’t just a blank check, Mr. over 30 million uninsured Americans. The CHAIR. The gentleman from Chairman. It is a series of blank As my colleague said, almost $54 mil- New Jersey has 173⁄4 minutes remain- checks—in fact, an infinite number of lion in planning grants have been ing. The gentleman from Texas has 15 blank checks that an infinite amount awarded to help 49 States, the District minutes. of money could conceivably be written of Columbia and four territories, in- Mr. PALLONE. I yield now 2 minutes into. That is how bad this is. That’s cluding $1 million to the Virgin Is- to the gentleman from Texas (Mr. how unquantifiable it is. I know that lands, to create unique State and terri- GREEN). CBO has attempted to put a number on torial-based solutions to improve our Mr. GENE GREEN of Texas. I thank it, but it requires some assumptions to States’ and territories’ health insur- my colleague on the Energy and Com- even do that. ance markets. We must not repeal this merce Committee for yielding to me. The 112th Congress has been bound by funding, as H.R. 1213 would do, because To follow up what my colleague also the 111th Congress by this term we call by placing the burden entirely on the from Texas and on Energy and Com- ‘‘mandatory spending.’’ I don’t concede already-overburdened States, it will merce talked about employers drop- that there is anything such as manda- make it more difficult for them to es- ping insurance, that is why we need tory spending in this Congress. No pre- tablish changes, and it will increase these insurance exchanges. Even before vious Congress can bind a subsequent the costs to families who are seeking the Affordable Care Act, employers Congress. This Congress has to approve to insure themselves. This is really an- were dropping insurance for their em- all spending of every Federal dollar be- other effort to get rid of exchanges al- ployees or making it cost prohibitive fore it can be expended, and we need to together. for them to cover themselves. So that stand on that principle, Mr. Chairman, In deciding how to vote today, I ask is why we need the exchanges. this unlimited and mandatory spending my colleagues to think about all of Here they are defunding it today, and that is unconstitutional. their constituents who suffer unduly H.R. 1213 would repeal the section of The CHAIR. The time of the gen- from health conditions that could be the Affordable Care Act that provides tleman has expired. prevented or controlled if only they funding for the creation and facilita- Mr. BURGESS. I yield the gentleman had access to health insurance, preven- tion of State-based health insurance an additional 30 seconds. tive care, and treatment. These con- exchanges. Those are not government Mr. KING of Iowa. I thank the gen- stituents, our fellow Americans, de- insurance companies. Those are private tleman from Texas. mand that we stand up and fight for sector exchanges. I would make the point also that the their access to affordable health insur- During the health reform debate, the funding that would go to set up the ance, as Democrats have always done Republicans spent most of their time State exchanges, we need to be very and are doing today. saying health reform would limit the well aware of what that can be. If the I urge all of my colleagues to vote ability to tailor their own health care States take this free money, so to against this legislation that would un- systems. The Affordable Care Act speak, from this unlimited slush fund dermine the ability of millions of would ensure States would have the of Kathleen Sebelius and set up the Americans to have access to health in- ability to create their own health in- State exchanges, even though they be- surance and access to needed health surance exchanges, meet the health lieve they have control of these ex- care services. care needs of their State, and still pro- changes, it sets them up to be national- Mr. BURGESS. Mr. Chairman, I yield vide consistent basic health coverage ized by a far more powerful Federal myself 1 minute. nationally. Government. And even though they op- How many times did we hear over the We provided States with planning pose ObamaCare, they might be runup to the passage of the Patient grants to come up with proposals on complicit in its implementation if they Protection and Affordable Care Act, If how they will run their health insur- accept this money. you like what you have, you can keep ance exchanges so States will run their I urge adoption of H.R. 1213, and I it? It turns out nothing could be fur- own exchanges rather than the Federal thank the gentleman from Texas. ther from the truth. In fact, the real Government doing it. Yet here we are Mr. PALLONE. Mr. Chairman, I yield truth is they don’t want you to keep today stripping the ability of the myself 30 seconds. your current insurance. States to run their own health insur- I would just like to point out to the We have heard Members on the other ance exchanges by eliminating those gentleman, 49 States and the District side of the aisle claim that 2 million planning grants, just another example of Columbia, along with 4 territories, fewer people will be enrolled in the ex- of the hypocrisy of the Republican have been awarded $54 million in plan- change and that the bill will increase Party. ning grants. So all you are doing here— costs to the employers. So here is some This is yet further political mes- these exchanges are still going to exist shocking news: These assertions that saging by the Republican majority in even if this bill passed and became law. during the health care debate many an attempt to defund health reform. All you are doing is taking away the people said repeatedly that under the They are playing games with funds

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.044 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2957 dedicated to our States, forcing them is trying to make. If we don’t have this peal health care reform, wants to take to spend their own money when State funding under this bill, States are not away the opportunity from millions of budgets are already limited. The ma- going to be able to choose the type of Americans to have the same kind of jority has the wrong priorities, and I marketplace that is best for their fami- health care coverage that Members of think the American people know it. lies and businesses. By passing this Congress and their families have. Mr. BURGESS. I yield myself 3 min- bill, you take away ultimately the Mr. BURGESS. I yield myself 1 utes. States’ right to make the decisions minute, Mr. Chairman. Mr. Chairman, States are coming to about what kind of plans they have and I would remind my colleagues on the the realization that there is no flexi- how they want to tailor these plans. other side of the aisle that the Gov- bility in these grants. They are coming All he is doing with this bill is hand- ernor of Utah coming to our committee to understand that the mere words that ing it over to the Federal Government, hearing said that he was setting up ex- a State gets to develop an exchange exactly the opposite of what he is say- changes prior to the passage of the Pa- that fits their individual needs, in fact, ing. What he is reading is essentially tient Protection and Affordable Care just rings hollow. what is going to happen if there is no Act. The passage of the Patient Protec- The other side has used the word State exchange and there is a Federal tion and Affordable Care Act has lim- ‘‘flexibility’’ as a big bait-and-switch, exchange. So why deny the States the ited his ability to provide those ex- just similar to the words ‘‘if you like money, when they can tailor the ex- changes. In fact, he went so far as to what you have, you can keep it.’’ The change with those grants? say now, with the nebulous future sur- authors of the bill praised these words, I yield now 2 minutes to the gentle- rounding the Patient Protection and but they are simply not true. The law woman from Connecticut (Ms. Affordable Care Act, because of activ- clearly puts Washington in control, in DELAURO), the ranking member on the ity in the courts—not in the United firm control, in absolute control, of Labor-HHS appropriations sub- States House of Representatives, but in these exchanges. committee. the courts—remember them, the third For example, section 1302, the Sec- Ms. DELAURO. Mr. Chairman, I rise branch of government that gets to de- retary will choose the essential bene- in opposition to this attempt to defund cide if something is constitutional or fits that must be paid for by individ- one of the central cost-cutting reforms not—because of the ambiguity sur- uals and families in the State ex- of the Affordable Care Act. Like so rounding the cases in the courts, the change. much in the majority’s budget, this bill Governor of Utah felt that he could not Section 1302 (d)(2), the Secretary will takes money out of families’ pockets go forward with the plan that he was control whether an HSA can be offered. implementing, and he worried that the Section 1311(h), the Secretary can by and gives it to the health insurance in- money he had already spent, his own regulation select the doctors and other dustry. The exchanges will give all Ameri- State’s money on developing State ex- health professionals that are allowed cans the chance to prosper from what changes, would now be for naught. He to provide care in the exchange plans. Members of Congress and large employ- does not know what the rules will be As a physician, I find this one of the ers have enjoyed for years: large group going forward if the Patient Protection more chilling provisions in this legisla- rates, lower administrative costs, and Affordable Care Act is allowed to tion. Section 1311(i), the Secretary—the greater transparency. They also expand stand because those rules have yet to Secretary—decides whether a plan pro- choices, giving everyone access to a be written. Those rules have yet to be vides linguistically appropriate and much fuller range of plans. The ex- interpreted. culturally sensitive information. If changes work to create real competi- So in a very perverse way, we have they do not meet the Secretary’s ap- tion in the health industry and thus made it harder for a State to provide proval, they cannot have that plan. drive costs down for everyone. exchanges by passing the Patient Pro- Section 1311(c)(1) and section 1311(e), But my colleagues on the other side tection and Affordable Care Act. the Secretary—the Secretary—deter- of the aisle want to place the control I reserve the balance of my time. Mr. PALLONE. Mr. Chairman, I yield mines the process and requirements for again in the hands of the health insur- myself 1 minute. certifying whether a plan can be sold in ance industry and the insurance com- I have heard Dr. BURGESS talk about the exchange. panies. Given what they are prepared Section 1311(c)(1)(I)(6), the Secretary to do in the Republican budget by end- Governors. I just want to give you can decide when individuals can enroll ing Medicare and throwing seniors to some quotes from some Governors—Re- in the exchange plan. the private insurance market, this is in publican Governors. Nathan Deal, a Section 1311(d)(4), the Secretary will the same vein. former member of the Energy and Com- merce Committee, former chairman of judge the adequacy of an exchange b 1430 Internet Web site. the Health Subcommittee, this is what Section 1311(k), the Secretary will This bill wants to eliminate this free he said with regard to the State ex- determine whether an exchange estab- market reform and allow insurers to changes and the grants. He says: ‘‘One lishes rules that conflict with or pre- continue to act as monopolies. Accord- of the real problems that some of us as vent the application of regulations pro- ing to the CBO, the Congressional Governors foresee is if the mandates on mulgated by the Secretary. In other Budget Office, which is independent States remain in place, the funding words, not only do they get to make and nonpartisan, it will knock 2 mil- from the Federal level to carry out the rules; they get to be the referee. lion people out of the exchanges, in- those mandates is withheld. That’s the Concerns were raised prior to the crease health insurance premiums, and worst possible condition that States passage of the Patient Protection Af- leave 50,000 more Americans uninsured. could be left in.’’ fordable Care Act that the law was de- In fact, 85 percent of the so-called sav- That is exactly what my colleague signed, designed, for employers to drop ings here comes from cutting off Amer- from Texas is proposing. The States coverage so Washington would control icans’ access to health insurance. will continue to have the mandate to health care through ObamaCare ex- This is not the direction we want to set up the exchange or, without money changes. Now the other side protests go. We want to cover more people, re- and therefore not be able to tailor to when 1 million people will keep their duce health care costs. This bill raises exchange to the State or alternatively employer-sponsored insurance because premiums; it raises the number of un- letting it go to the Federal Govern- they would rather have them under the insured in America. I urge my col- ment, having the Federal Government direct and absolute control of Wash- leagues to reject it. run a Federal exchange. ington, D.C., rather than their State A final point. We in this body are Nathan Deal, one of our own Mem- capitals. very fortunate. We have health insur- bers, chairman of the subcommittee, I reserve the balance of my time. ance. Our kids have health insurance. said, Worst possible scenario. I don’t Mr. PALLONE. Mr. Chairman, I yield When we get ill, we go to the head of understand. Again, I keep saying the myself 30 seconds. the line, the same as our families. same thing, but I have to repeat it, Mr. Again, I don’t understand what Dr. Every single time we take to this floor, Chairman. To say that we’re going to BURGESS is trying to say, the point he the majority in this body wants to re- have State exchanges without having

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.073 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2958 CONGRESSIONAL RECORD — HOUSE May 3, 2011 the funding means the State exchange someone in the State legislature—the You see, this is the absurdity of what will either be lousy, or it simply won’t Secretary of the Department of Health the other side of the aisle is trying to exist and the Federal Government and Human Services, who has that now do. It’s just a complete waste of time. takes over. unprecedented power and is only lim- I yield now 2 minutes to the gen- I yield now 2 minutes to the gen- ited by her own imagination. tleman from California (Mr. MILLER). tleman from Michigan (Mr. LEVIN), the The Secretary would impose price Mr. GEORGE MILLER of California. ranking member on the Ways and controls on health coverage. The Sec- I thank the gentleman for yielding. Means Committee. retary would pick who gets a waiver What is it about the Republican (Mr. LEVIN asked and was given per- from the annual limit requirements. Party that insists that its mandate in mission to revise and extend his re- The Secretary would establish cost- Washington, D.C. is to keep the Amer- marks.) sharing requirements regardless of ican public away from affordable Mr. LEVIN. Thank you, Mr. their effects on premiums, not a guber- health care? First, they start by ending PALLONE. Thank you for your efforts. natorial directive, not something es- Medicare so that senior citizens who I have been listening to the debate tablished by the State Commission of retire will have to pay much more for here, and the majority, I would de- Insurance, not something contributed their health care than they would oth- scribe it this way: You’re so single- to by the Governor’s chief of staff, not erwise. Those on Medicare, because minded about the health care reform something decided by any State legis- they’ll be closed in, an aging popu- that you really have become mindless. lature, but by the Secretary of the De- lation, their health care costs will con- You come here and talk about Federal partment of Health and Human Serv- tinue to go up in the future far beyond control, but essentially what this bill ice. their ability to pay. would do would be to increase it. CBO They have decided that they’re going Again, Chairman UPTON in his open- says, Pass this bill and you will have to raise the price of prescription drugs ing remarks said the spending would to senior citizens. They have decided more Federal control—not less—and only be limited by the imagination, by less State control. It makes no sense. that they’re going to decrease the ac- the limits of the imagination of the cess of young people to health care by It’s mindless. And you come here and Secretary of the Department of Health say there’s one governor who says not providing for school-based clinics, and Human Services. We know who health care clinics. They’ve decided something about his exchange. But that is this year. We don’t know who every State but one has applied for and they’ll roll back preexisting conditions that is next year. We certainly do not to prevent women from getting cov- received a grant for their exchange. It’s know who that is in 2 years’ time. mindless, your position. erage of health care, young children It is the responsibility of this Con- My State has already received the from getting coverage of health care gress to exercise the due oversight over grant, the State of Michigan; and they from life-threatening diseases that these programs. We abnegated that au- have used it to bring everybody to the they were born with. thority by the forward funding of these table, including private industry, in- What is it about the Republican programs. As Mr. KING pointed out in cluding consumers, hospitals, et cetera, Party that they don’t want people to his remarks, we abnegated that author- to develop a plan that’s right for our have access to health care in this coun- ity. It’s now time for Congress to claim State. It’s mindless for you to come try that’s affordable? They don’t mind that back. That’s not mindless. The here and say you want to pass a bill them being in the lottery. If they can mindlessness, I might remind the that withdraws from our States the find it and afford it, maybe they can Chair, was when this bill was passed a ability to plan for the health care for have it. But if they can’t, it’s tough. year ago without due proper authoriza- our citizens in a way that is helpful to So now we come to a time when they tion and oversight. our State. So maybe there will be a said they don’t want one-size-fits-all in mindless ‘‘yes’’ vote here. It’s happened I reserve the balance of my time. Washington. The States should have a before. Where are the jobs bills? Mr. PALLONE. Mr. Chairman, I yield right to set up the exchanges. The Mr. BURGESS. I yield myself such myself 1 minute. States have an option: they can set up time as I may consume. Again, I listened to the gentlewoman an exchange or not set up an exchange. Mr. Chairman, I would not presume from Tennessee (Mrs. BLACKBURN) be- Some 49 States have stepped forward to put words into the mouth of the fore, and basically she said we’re just and said, We want a right to customize Governor of Georgia, but I do know going to keep repealing and repealing the exchange for the purposes of the from a long association with him that and repealing. I understand that you people we represent, the nature of our he was very abhorrent of any mandates want to get rid of the whole bill. But State, the economy of our State, the that were placed on the States. So I do why do you bring up legislation today age of our State. We want to do this. not doubt the fact that he said the that, again, I guess you’re doing it be- b 1440 cause you don’t want to keep repealing worst of all possible worlds would be to And now they’re saying, well, that’s get the mandate and not get anything the whole bill over and over again be- cause it becomes ludicrous. So instead good, but we’re not going to give you else to help him back that mandate. any money to plan to do that. So what But to be very clear, the mandates you take pieces out—in this case, the State exchanges—and you say we’re are they doing, according to CBO? themselves are the anathema. They’re now threatening, once again, Why would those mandates be a prob- not going to give States the grants to actually follow up. the access to affordable health care for lem for the Governor of Georgia or the 50,000 or more Americans. Governor of any other State? Because It’s obvious, when we talked about So they’ve threatened the access to now the decisionmaking does not rest Nathan Deal, he doesn’t like the law. health care for women. They’ve threat- with the State. The State is mandated. He’d like to see it repealed. But he’s ened the access to health care for chil- The State is mandated to set up these saying if you’re not going to repeal it, dren. They’ve threatened the access to changes. And yet the Health and then don’t defund it because then the health care for seniors. They’ve threat- Human Services Secretary will choose States can’t carry out their functions ened the access to health care for those the essential benefits that must be paid in an effective way. who are about to become seniors. They for by individuals and their families. So all I’m saying to my colleague just can’t stop doing this. That’s no longer a State decision. from Texas is if you just want to keep The CHAIR. The time of the gen- That’s no longer a gubernatorial direc- repealing and repealing, like Mrs. tleman has expired. tive. That is now a directive from the BLACKBURN said, go ahead and do it. Mr. PALLONE. I yield the gentleman Secretary of Health and Human Serv- We’ll waste time, which doesn’t make an additional 30 seconds. ices. They would also decide whether sense. But if you’re going to then take Mr. GEORGE MILLER of California. their planned provider network is ade- pieces out, then don’t say to the They want to say they’re just repealing quate, regardless of whether or not it States, We’re going to defund you and the health care bill that was passed. covers the doctor that you use and you not allow you to do what you’re al- They’re just repealing that. like. The Secretary—not the Governor, ready required to do or set this over to No, what they are doing is they’re not the Governor’s chief of staff, not the Federal Government. standing in the way, the very same

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.048 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2959 rights that they have as Members of rect taxes on medical devices and drugs half so that people in California can Congress to have a federally setup ex- that people will use that will increase get insurance. Two million people will change for Federal employees where their health care premiums, according not be able to get insurance if this bill policies pass muster, that you get real to the CMS actuary. were to pass. And the only thing you value if you buy one. Whether you buy I reserve the balance of my time. offer is the termination of Medicare? a health savings account or whether Mr. PALLONE. Mr. Chairman, I yield Oh, and by the way, you’re going to re- you buy a plan for your family or for 3 minutes to the gentleman from Cali- duce Medicaid by $700 billion. an individual, you get real value. You fornia (Mr. GARAMENDI). Mr. BURGESS. Mr. Chairman, I yield get access. The rights they have as Mr. GARAMENDI. I thank my friend myself 1 minute. Members of Congress, once again from New Jersey. Although the issue of Medicare is not they’re stepping into the breach to Mr. Chairman, this is all about cre- the subject of this debate today, I can make sure that their constituents ating a mechanism for competition— recall a time about 20 years ago when won’t have that right at the State level fair, open, fully disclosed competition. Paul Tsongas, a former Senator, came because when there are no State ex- The exchanges actually come from to Dallas to talk to a group called the changes, they won’t have that right. maybe 20 years ago. I know that in Dallas Business Group on Health. It It’s a really strange view of their ob- California when I was elected insurance was the day after President Clinton ligations to the American public, to commissioner in 1991, we established an had come to this House and addressed a working families, to children, and to exchange program. It passed the legis- joint session of the House and Senate seniors. And it’s a real strange view lature. Unfortunately, Governor Wilson and unveiled his health care plan in about their position of privilege that vetoed that legislation. Had it gone September of 1993. Senator Tsongas they would have all of this for them- into place, there would have been a came to talk to us in Dallas, and he selves but not for their constituents. marketplace for insurance consumers. said, ‘‘It was a beautiful speech. There The CHAIR. The time of the gen- Right now consumers are at the whims wasn’t a dry eye in the house. The only tleman has again expired. of the market. They have no power. problem was that the President pro- ANNOUNCEMENT BY THE CHAIR An exchange is simply a way to accu- posed five new entitlement programs, The CHAIR. The Chair would ask all mulate the purchasing power of thou- and we cannot pay for the ones that we Members to heed the gavel. sands or hundreds of thousands of indi- have.’’ Mr. BURGESS. Mr. Chairman, I will viduals and small businesses so that their risk is spread out over that large direct my remarks to the Chair and not b 1450 to anyone in particular, which I believe population. Right now small businesses is one of the habits of the House; and I and individuals simply are at the Former Senator Tsongas then went yield myself 1 minute for this purpose. mercy of the insurance companies. on to articulate how the rate of rise of I was always taught growing up that They have no way to spread their risk, entitlement spending was going to if you’re going to tell a story, you and, therefore, their rates are exceed- cripple this country in the future such ought to begin it with ‘‘once upon a ingly high, and in many cases it’s im- that by at some point between 2015 and time.’’ I think I should have heard a possible to get insurance. 2020 this country would see intergener- few ‘‘once upon a times’’ in that last ti- For the life of me, I don’t understand ational conflict the likes of which it rade that was just leveled upon the why the Republicans want to repeal had never seen before. House. the exchanges. I always hear from Yes, it is incumbent upon us to rec- Their hypocrisy knows no bounds, them competition and free market. ognize that train wreck that is coming Mr. Chairman. The other side claims This is exactly that. This is competi- and deal with it. Representative RYAN that the health care law is about State tion, in which the health insurance put forward a very thoughtful plan 2 flexibility, but they oppose H.R. 1213 companies have to compete with a weeks ago. Let’s see the plan from the because some States might assess a similar policy, four different kinds of other side. So far that’s been lacking. health plan fee to fund the operation of policies, a very rich one and a very I reserve the balance of my time. exchanges that the State wants to set basic one, and they have to compete on Mr. PALLONE. Mr. Chairman, may I up. If you’re for flexibility, then elimi- quality. What’s the problem with that? inquire how much time is remaining? nate complete control that the Sec- And they’ll be able to get insurance. The CHAIR. The gentleman from retary has over the State exchanges. Right now they can’t. So they’re going New Jersey has 41⁄4 minutes remaining. Let States establish exchanges without to repeal it. It makes no sense. The gentleman from Texas has 61⁄2 min- onerous and costly Federal mandates It also makes no sense that the Re- utes remaining. and finance them according to how publicans would go out and terminate Mr. PALLONE. I yield myself the each State feels is appropriate. Medicare. Hello? You’re going to ter- balance of my time. Now, to talk about hypocrisy, what minate Medicare, a guaranteed insur- Mr. Chairman, I am pleased that my the other side fails to mention is that ance policy for everyone over 65? Oh, I colleague on the other side, Dr. BUR- the Patient Protection and Affordable know, only those who are below 55 GESS, got up and talked about the Ryan Care Act advocates taxing health care years of age will never see Medicare. budget, or the Republican budget, I plans that sell insurance in the ex- It’s gone. It’s history. Oh, you’re going should say, because as far as I know changes. Rather than being silent on to give them a voucher, a small per- every Republican voted for it, and most how States should fund their exchanges centage of the total cost 10 years out? Democrats voted against it, and he also once the grant money runs out, the Good luck. And you throw them to the mentioned, I think, President Clinton’s Democrat health care bill actually whims of the insurance companies efforts to achieve health care reform. spells out that the States should con- without an exchange. The Democrats over the years— sider charging taxes on health insur- What’s this all about? I think Con- Harry Truman, President Clinton, ance premiums for plans sold in the ex- gressman MILLER may have had it President Obama—have all been reach- change. right. How do you view the world? Peo- ing out to try to achieve health care The CHAIR. The time of the gen- ple need health care. Insurance is a reform and find a low-cost way of pro- tleman has expired. way to get health care. An exchange is viding a good benefit package to all Mr. BURGESS. I yield myself an ad- a way to spread the risk for a large Americans, and it’s sad to think that ditional 30 seconds. pool of people so the risk isn’t there on the other side of the aisle, when The hypocrisy could be tolerable if it and access to the market. they became the majority, the first just simply ended there. However, the California has an exchange. Cali- thing they did was to pass this Repub- other side also fails to mention that fornia last year established a law to lican budget that actually puts an end the Patient Protection and Affordable put in place an exchange. It was signed to Medicare and really jeopardizes the Care Act directly charges a $60 billion by a Republican Governor, folks. Are future of Medicaid as well. tax on Americans’ health insurance you listening? Governor Schwarzeneg- I think it says a lot about the fact premiums, in section 9010, or that im- ger signed the exchange program. It’s that the Democrats are trying to ex- poses tens of billions of dollars in di- going into operation in a year and a pand health care choices and options

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.050 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2960 CONGRESSIONAL RECORD — HOUSE May 3, 2011 and provide low-cost health care with a We all had a break. We’re at home for I can agree with my friend from New good benefit package. The Republicans 2 weeks. All I heard, I didn’t hear about Jersey that, in concept, exchanges are are taking the plans that exist now health care. I heard about jobs and how good. Now, I could have a debate that if like Medicare and Medicaid and either the economy was starting to sputter you are going to have exchanges you ending them in the case of Medicare or again. ought to let the market operate and in the case of Medicaid really making You know, the last quarter was not determine what’s offered in the ex- it so it’s going to be very difficult for as good as it could have been, and the changes and not mandate what has to Medicaid to continue. fact of the matter is that since the Re- be qualified in order to be a part of the We already have in place, as I men- publicans have come into the majority exchange. And we could have a debate tioned in the beginning of this debate, here they’re not doing anything to cre- on what the premiums are and what many of the positive aspects of the Af- ate jobs. We don’t have a bill to create the coverage is and whether you allow fordable Care Act, all those things that jobs. We keep doing the same thing flexibility or whether you put these eliminate discrimination, let you put every day. Today, it’s going to be Federal mandates on what has to be in your children on your policy, start to defund health care; tomorrow it’s going the health care plan to be part of the plug up the donut hole for prescription to be abortion again. I don’t know how exchange, but that’s a different debate. many times we’re going to have these drugs for seniors. This is working. This The debate today, Mr. Chairman, is same bills that come out of our Health is legislation that’s working and mak- should the Secretary of Health and Subcommittee and the Energy and ing a difference for the American peo- Human Services have the ability to ob- ple and making it possible now with Commerce Committee. It is unfortunate. I urge my col- ligate, without any constraints by the these State exchanges, once they’re up Congress, such sums as necessary to and running with the tax credits that leagues to vote ‘‘no’’ on this bill. The CHAIR. The time of the gen- empower and fund these health ex- are available, for even those other 32 or changes. We say ‘‘no.’’ So we’re going 30 to 40 million Americans who don’t tleman has expired. Mr. BURGESS. Mr. Chairman, at this to urge a ‘‘yes’’ vote at the appropriate have health insurance insurance now point, I would like to yield 4 minutes time so that we can take away that au- to finally have it. thority, send this bill to the other Now, why do the Republicans want to to the chairman emeritus of the full committee, the gentleman from Texas body, and hopefully have that pass, and eliminate this? I listened to Dr. BUR- (Mr. BARTON). then at some point in the future bring GESS. He says it costs too much. The (Mr. BARTON of Texas asked and back a reform bill where we have the fact of the matter is the CBO said the was given permission to revise and ex- policy debate which, again, I think you Affordable Care Act was going to save tend his remarks.) can say that there will be some agree- money, reduce the deficit over 10 years. Mr. BARTON of Texas. Thank you, ment between the majority and the mi- I know they only like to look at the Congressman BURGESS, and it’s good to nority side on the underlying policy. CBO numbers when they think they’re see you in the Chair there, Mr. Chair- But on the fact that the Secretary of beneficial to their point of view, but man. I feel empowered and confident Health and Human Services shouldn’t the fact of the matter is the CBO is a that you’re going to make the right be able to just obligate with no over- nonpartisan arm of this Congress and rulings as the day goes on. sight by the Congress how much money they say that the Affordable Care Act We’re going to have more amend- goes into the creation and maintenance reduces the deficit over 10 years. At the ments offered on this small part of the of these exchanges, we think the an- same time, we’re covering everyone repeal effort of the new health care law swer to that is, the current Secretary and we’re providing a good benefit than the Democratic majority allowed or any future Secretary should not package just like, say, Blue Cross or in the last Congress on all the health have that authority, and that is why Blue Shield does today. care legislation they brought to the we have put forward the bill. What this bill does is to eliminate floor. After general debate, we’re going choices, because if the States are al- to have at least five amendments that lowed to tailor a program in exchange were made in order under the rule. b 1500 for their own constituents in their That’s five more than Speaker PELOSI Mr. BURGESS. I urge an ‘‘aye’’ vote State, I believe it will be more robust, and then-Rules Committee Chair- on the measure. it will be a better plan tailored to woman Slaughter made in order in the Mr. BLUMENAUER. Mr. Chair, I rise in op- those people from New Jersey, in my last Congress when we were debating position to H.R. 1213, which repeals grant pro- case, or Texas, in the case of Dr. BUR- these issues. grams established in the Affordable Care Act GESS. By taking away the money for Republicans are not necessarily op- the exchanges, all you’re going to do is posed to the concept of these ex- to support State efforts to set up health insur- make that more and more difficult. changes, Mr. Speaker. What we are op- ance marketplaces. The Affordable Care Act States will still have to do it, but they posed to is the process in the last Con- calls for these ‘‘exchanges’’ to be established won’t have a good plan. They may gress where the actual bill that became by January 1, 2014. Under H.R. 1213, fewer limit their choices. They may not have law was dumped in the dead of night, States will have the resources necessary to a lot of choices which they would have with no amendments made in order, create these marketplaces, and in the wake of if they have some money to plan and be little debate, in an up-or-down vote as this legislation, fewer people will get help buy- rational about how this works. soon the Speaker twisted enough arms ing insurance. As a result, 500,000 more peo- Of course, the more likely scenario is on the then-majority side of the Demo- ple will be uninsured in 2015. that we will simply have a Federal ex- cratic party to move the bill. These exchanges are designed to allow change and a lot of States will opt out So we’re trying to repeal it piece by Americans to compare prices and health insur- and not even have their own State ex- piece; once that’s done, then to replace ance plans and decide which option is right for change. I think that would be a mis- it. This particular bill that’s before us them. These grants are critical to help States take to do. I really do. As much as I’d is pretty straightforward. It repeals develop and begin operation of exchanges rather have a Federal exchange than the authority of the Secretary of able to perform these functions. In fact, nearly no exchange, I do think it makes sense Health and Human Services to obligate all States have already received grant funding to have State exchanges. such sums as necessary to fund these to begin establishing their own marketplaces, So, again, I think that what the Re- exchanges. This ‘‘such sums as nec- including my State of Oregon, which will re- publicans are doing now, and I think essary’’ could be $50 million, could be ceive $48 million. The Affordable Care Act es- that Mrs. BLACKBURN said it earlier— $100 million, could be $200 million, tablishes these exchanges to negotiate prices she said we’re just going to repeal this, could be a half a billion dollars. We for a large volume of individuals, securing the and we’re going to take a piece of it just don’t know. Those of us on the kind of group discounts that large employers and repeal something else until we get now-majority side, the Republican side, now enjoy. In addition to providing consumer rid of the whole thing. Well, don’t think that’s bad management: such protections, the exchanges actually provide for waste the time of the Congress on sums as necessary. a robust private insurance market. This price doing the same thing over and over So we’re not really having a debate competition plays a critical role in reducing again. I was home for the last 2 weeks. on whether exchanges are good or bad. health care costs.

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.054 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2961 Rather than making refinements to improve Ending discrimination for pre-existing condi- majority’s efforts to repeal the Affordable Care the law, H.R. 1213 simply proposes to elimi- tions, gender, health status or family history; Act. H.R. 1213 would repeal the funding from nate funding. It would not advance the key ob- Requiring coverage of preventative care the Affordable Care Act for States to establish jectives of the Affordable Care Act or offer al- services; competitive and transparent insurance ex- ternative solutions for meeting these important Protecting the patients’ choice of doctors; changes. objectives, and this legislation makes it more Preventing rescissions of coverage as a pa- This legislation will gut meaningful health in- difficult to achieve better and more affordable tient is being wheeled into the operating room; surance reform. A critical piece of the Afford- care. and able Care Act was to allow States to create in- Many of the ill-founded criticisms of the Af- Prohibiting arbitrary limits on coverage, surance exchanges that will allow individuals fordable Care Act stem from concerns about among other things. and small businesses to comparison shop for If we want the States to be able to pave the country’s burden of public debt. While I affordable and quality health insurance cov- their own path forward in creating a robust share many of these concerns about our pub- erage, just like what Members of Congress and successful exchange designed to help lic debt, I cannot condone this approach to can currently do through the Federal Employ- employers and consumers to navigate the pur- balancing the nation’s books. The Congres- ees Health Benefits Program. chase of health coverage, than we cannot sional Budget Office finds that the vast major- Many states—including Maryland—have al- vote in favor of defunding these critical grants. ity of the bill’s $14 billion in savings results ready used Federal funding to set up these I urge my colleagues to vote against this at- from reduced spending on premium and cost- exchanges. Repealing this funding would have sharing for low-income people to buy insur- tempt to defund the Affordable Care Act. Mr. STARK. Mr. Chair, I rise in opposition to negative consequences for States and con- ance, not from the elimination of the $1.9 bil- sumers. According to the non-partisan Con- lion in grants to help set up the exchanges. H.R. 1213, legislation being brought forth by my Republican colleagues in the House as an- gressional Budget Office, without Federal as- This legislation continues the Republican effort sistance, fewer States will be able to establish to balance our nation’s books on the backs of other step in their ongoing march to undo health reform. Like those that have come be- an insurance exchange, and the establishment the poor and I oppose this legislation. of the exchange, enrollment and operations Mr. DINGELL. Mr. Chair, I rise in opposition fore it, this bill is going nowhere in the U.S. Senate. Yet, we are here wasting taxpayer will be significantly delayed. today to H.R. 1213, which would repeal fund- Mr. Chair, I urge my colleagues to oppose ing available to States to establish health in- dollars and government resources debating it. This bill would repeal health reform’s man- this misguided legislation. surance Exchanges. Repealing this funding Mr. GUTIERREZ. Mr. Chair, this bill would will dramatically hamper States’ efforts to pro- datory funding to states to help them establish health insurance exchanges. Exchanges are increase both health care costs and the num- vide critical access to affordable and high ber of American families who would be unable quality insurance for the uninsured or under- the new, fair marketplaces established in health reform to ensure that people have ac- to purchase health insurance. insured. A central pillar of the Patient Protection and The Exchanges are a vital component to the cess to quality, affordable health insurance. The law provides grants to states to help them Affordable Care Act are the flexible, state- Affordable Care access in that they will help based health insurance exchanges that will simplify the process of purchasing insurance develop these new marketplaces which are to begin operating on January 1, 2014. CBO esti- bring greater competition, consumer protection for American families and small businesses. and choice into the health insurance market- For the first time, individuals, families and mates that HHS will spend $1.9 billion on place. Exchanges drive down premium costs small business alike will be able to shop for these grants between 2012 and 2015, after for consumers and small business owners, their coverage like they would for any other which grant monies are no longer available. and will empower all Americans to shop for product—comparing the benefits, the services This legislation is the strangest of the repeal the best available health insurance plan for and prices side-by-side so that they can make bills they’ve brought up so far. In fact, it is their families. If repealed, half a million Ameri- a decision about what coverage will best fit downright comical. If this bill were to be en- cans who would be covered under the current their needs and their budget. These market- acted into law, it would actually create a fed- places will be transparent and competitive. eral takeover of the American health care sys- law will find themselves unable to purchase in- It is ironic that my colleagues across the tem—the very thing Republicans campaigned surance. aisle continually claim that the States best against in the last election cycle! For the record, I strongly oppose H.R. 1213 know the needs and challenges facing their That’s right. This bill would cause states to and any effort to de-fund the Health Benefit population, yet today’s legislation would ham- lose funding to create health insurance ex- Exchanges or the Patient Protection and Af- string the ability of States to plan and prepare changes. However, a key fact that Repub- fordable Care Act. Mr. BURGESS. I yield back the bal- their own exchanges. licans fail to highlight is that if States don’t es- HHS has already made available more than tablish them, the law requires the Federal ance of my time. $296 million to 48 States, the District of Co- Government to do so. As most States are fac- The CHAIR. All time for general de- lumbia and four territories to begin this work, ing budget crises, a lack of Federal funds to bate has expired. Pursuant to the rule, the bill shall be and my home State of Michigan received develop exchanges would lessen the chance considered for amendment under the 5- more than $999,000 to begin their planning. that many States move forward with such minute rule and shall be considered This funding will help Michigan determine plans. Therefore, it would fall to the Federal read. who will be eligible for the Exchange, review Government to take over. That’s what CBO The text of the bill is as follows: the technical components needed to run the presumes in their analysis as well. Exchange, develop a model and structure, as So, we have before us today a bill that I H.R. 1213 well as begin stakeholder discussions on im- predict all House Republicans will support that Be it enacted by the Senate and House of plementation. would actually mandate a Federal takeover of Representatives of the United States of America in Congress assembled, Repealing this funding will not only hurt health care and it’s being considered as part Michigan’s efforts, but also the efforts of the SECTION 1. REPEALING MANDATORY FUNDING of their effort to repeal health reform. TO STATES TO ESTABLISH AMER- other States and territories that have already Are you confused? I am too. With this bill ICAN HEALTH BENEFIT EXCHANGES. begun planning and building their own market- before us today, House Republicans have offi- (a) IN GENERAL.—Section 1311(a) of the Pa- place and delaying implementation. cially ‘‘jumped the shark’’ with their health re- tient Protection and Affordable Care Act (42 According to CBO, such a delay would pre- form repeal efforts. U.S.C. 13031(a)) is repealed. vent almost two million people from enrolling It is disgraceful that we are wasting tax- (b) RESCISSION OF UNOBLIGATED FUNDS.—Of in state exchanges, and increase the number payer dollars and precious time we could use the funds made available under such section of uninsured by 500,000 in 2015. Further, tackling the real issues facing America—like 1311(a), the unobligated balance is rescinded. CBO found that 85 percent of the cuts in H.R. creating jobs, withdrawing our troops from Af- The CHAIR. No amendment to the 1213 will come on the backs of low and mod- ghanistan, or addressing rising gas costs by bill is in order except those printed in erate income families through subsidy reduc- reducing corporate welfare for the oil indus- House Report 112–70. Each such amend- tions for the purchase of health coverage. try—in order for House Republicans to con- ment may be offered only in the order More importantly, the successes of critical tinue paying lip service to their repeal efforts. printed in the report, by a Member des- consumer protections that make up the Pa- I urge my colleagues to join with me and ignated in the report, shall be consid- tients Bill of Rights in the Affordable Care Act oppose this Republican bill to repeal funding ered read, shall be debatable for the depend on working Exchanges by 2014. for health insurance exchanges. time specified in the report, equally di- These reforms will end the worst abuses in Mr. VAN HOLLEN. Mr. Chair, today we are vided and controlled by the proponent the insurance industry: considering yet another bill in the Republican and an opponent of the amendment,

VerDate Mar 15 2010 02:52 May 04, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.010 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2962 CONGRESSIONAL RECORD — HOUSE May 3, 2011 shall not be subject to amendment, and than 500 people and nearly 2 million Ms. JACKSON LEE of Texas. I thank shall not be subject to a demand for di- self-employed entrepreneurs. Letting the gentleman from Texas. But he well vision of the question. everyone know that we are making a knows that we have had mandatory ap- AMENDMENT NO. 1 OFFERED BY MS. JACKSON good dent in the deficit, which we can propriations, and it is not difficult to LEE OF TEXAS do in many, many other ways, will also indicate what money you are allegedly The CHAIR. It is now in order to con- show them why I don’t have good saving. So if the American public can sider amendment No. 1 printed in health care. Meaning, why don’t small juxtapose those so-called savings on House Report 112–70. businesses and farmers? the backs of the elderly, losing Medi- Ms. JACKSON LEE of Texas. Mr. So at this time, Mr. Chairman, I care of course, on the backs of sick Chairman, I have an amendment at the would ask that my colleagues support families and sick children, and to see desk. an amendment that is transparent to how we can stop the normal primary The CHAIR. The Clerk will designate let you know what the savings are. But medical care that you would get for the amendment. what’s the question? What’s happening children that are in need that these The text of the amendment is as fol- to the accelerating rate of health care health exchanges would provide, and as lows: and the sick people who are getting well neonatal care for children who are In section 1, add at the end the following: sicker? born prematurely, this is what the Re- (c) NOTICE OF RESCISSION OF UNOBLIGATED With that, I reserve the balance of publicans would like us to do as we FUNDS.—Not later than 10 days after the date my time. eliminate our health exchanges. of the enactment of this Act, the Secretary Mr. BURGESS. Mr. Chairman, I rise Frankly, he should look at what has of Health and Human Services shall post on in opposition to the amendment. already happened. Forty-nine States, the public website of the Department of The CHAIR. The gentleman from including the State of Dr. BURGESS and Health and Human Services a notice of— Texas is recognized for 5 minutes. (1) the rescission, pursuant to subsection Mr. BURGESS. I supported a seem- myself, the State of Texas, have ap- (b), of the unobligated balance of funds made ingly similar amendment 3 weeks ago plied for funding for health exchanges. available by section 1311(a) of the Patient when the House considered H.R. 1217, a And so to stop in the middle and sug- Protection and Affordable Care Act (42 bill related to the public health slush gest that you are now impacting the U.S.C. 18031(a)); and deficit—no, you are killing and losing (2) the amount of such funds so rescinded. fund in the Patient Protection and Af- fordable Care Act. However, I have to and indicating that you want to close The CHAIR. Pursuant to House Reso- oppose this amendment because, de- down the good health care that we are lution 236, the gentlewoman from spite the seeming similarity of the two trying to promote. Insurance ex- Texas (Ms. JACKSON LEE) and a Member amendments, this really is an apples- changes would also be available again opposed each will control 5 minutes. to-oranges comparison. The public to small businesses, and Texas is home The Chair recognizes the gentle- health slush fund considered under to nearly 400,000 of them. The Kaiser woman from Texas. H.R. 1217 provided a specified amount Foundation says 23 percent of the Ms. JACKSON LEE of Texas. Mr. in mandatory funding for the Secretary Texas population lives in poverty. Chairman, listening to the general de- in fiscal year 2011 and each year there- They would be able to participate in bate, I would have to say that I am after. In Ms. JACKSON LEE’s amend- these exchanges. I would make the ar- concerned and not supportive of this ment 3 weeks ago, it would be possible gument that it’s good to put how much legislation and would hope that we to determine the amount of funds that money you are allegedly saving so you would vote against the underlying bill. would be rescinded in fiscal year 2011 if can see how much you are losing by all But I have an amendment that I be- H.R. 1217 had been enacted into law. the sick people who would not have lieve my colleagues on both sides of the But the amendment offered today by care. aisle would appreciate, and it’s very Ms. JACKSON LEE actually strengthens I reserve the balance of my time. simple. This amendment will provide the arguments in favor of passing H.R. Mr. BURGESS. Again, I would just the public with important information 1213, the bill before us today. simply point out that the gentlelady’s about mandatory funding to States for Section 1311 of the Patient Protec- amendment under the legislation that health benefit exchanges that will no tion and Affordable Care Act provided was considered previously was appro- longer be available for the public and the Secretary with an unlimited priate because there were actually small businesses to use in order to ob- amount of money with virtually limit- funding levels that were mentioned in tain competitive health coverage for less discretion to spend on establishing the legislation. their necessary health care, post the exchanges or what activities could fa- Now, reading from the Patient Pro- moneys that are rescinded, and let the cilitate enrollment in what are known tection and Affordable Care Act here in public judge for themselves: Good as qualified health plans. Giving the section 4002, under the Prevention and health care or not. Secretary a blank check to spend is an Public Health Fund, in paragraph B, This particular amendment deals di- abdication of our responsibility here in which discusses funding: There are rectly with the concern that we don’t the House of Representatives. This hereby authorized to be appropriated have the ability to move forward on blank check also makes it impossible and appropriated to the fund out of any health exchanges that will help the to implement the Jackson Lee amend- moneys in the Treasury not otherwise vast numbers of Americans. For exam- ment. There is no dollar figure for how appropriated, one, for fiscal year 2010 ple, the American health benefit ex- much the Secretary can spend on this $500 million; two, for fiscal year 2011 changes make it easier for small busi- program. It is simply an unknown un- $750,000, and so on and so forth. In nesses and the public to obtain com- known. The Secretary could decide to- other words, the funding is explicit petitive health insurance on the basis morrow to spend another $100 million under the previously considered legis- of price quality rather than to be sub- or another $100 billion. In 2013 the Sec- lation. ject to the abuses of insurance compa- retary could take the advice of CMS Under the legislation today, which is nies who would charge exorbitant, pro- and funnel money into any amount of the health benefits exchange, here is hibitive rates. The health care ex- activities. Congress and, for that mat- how the funding language reads: For change program is a key element of the ter, the general public won’t know that each fiscal year, the Secretary shall Affordable Care Act, aimed at pro- until the money is spent. determine the total amount that the viding coverage to the uninsured. I think the gentlelady from Texas Secretary will make available for each There are 6.2 million residents in my has good intentions with her amend- State for grants under this subsection. home State of Texas that do not have ment. Unfortunately, because Congress Well, we have no earthly idea. Is that health care insurance. Of the 26 percent decided to leave it entirely up to the $10, $100, $100 million, $100 billion, $13 of the Texas population that is unin- Secretary of Health and Human Serv- trillion? We have no earthly idea. sured, 18 percent are children. Insur- ices and the Secretary alone to deter- So while the intent of this amend- ance exchanges would also be available mine the amounts of money that can ment in previous legislation was one to small businesses with fewer than 100 be spent, the amendment does not which the majority could accept, in employees. Texas is home to nearly work in this circumstance. I urge my this case, it actually becomes meaning- 400,000 small businesses employing less colleagues to oppose the amendment. less because there is no dollar figure

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.058 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2963 specified as the upper limit as to what ficial website that the funds from Section the very State’s rights contained in the Afford- the Secretary can spend. 1311(a) of the Patient Protection and Afford- able Care Act that pertain to health benefit ex- I reserve the balance of my time. able Care Act that will be rescinded including changes. Ms. JACKSON LEE of Texas. I thank the amount of the funds rescinded. This bill takes away the ability of States to my good friend from Texas, and he has This amendment will provide the public with provide cost-saving health coverage through made my argument because the Sec- important information about mandatory funding Health Benefit Exchanges. retary of Health and Human Services to States for health benefit exchanges that will This bill deals a severe blow to America’s can explicitly state the funding that no longer be available for the public and small middle class and small businesses who simply might be used. In addition, isn’t it in- businesses to use in order to obtain competi- seek to obtain affordable health insurance so teresting that this is being repealed on tive health coverage for their necessary health they can do their part to help keep America the basis of savings, and yet the Repub- care. healthy and contribute to our continued na- licans can’t explain whether there are This amendment also assists my Repub- tional economic growth. going to be any savings or not. lican colleagues by permitting them to easily I urge all of my colleagues to support my At the same time, sick people are and transparently show the American public amendment to H.R. 1213 to facilitate trans- going to get sicker. And in my State, that they are cutting government spending, by parency in government spending cuts and no- 444 people out of every 100,000 have can- how much they are cutting spending, and tice of funding that will no longer be available cer. Of the population, 9.3 percent are where they are cutting government spending. to them. diabetic, 32 percent are overweight; and So I expect that my Republican colleagues will The CHAIR. The time of the gentle- they will not be able to have the cov- fully support this amendment. woman has expired. erage. I am going to ask my colleagues II. PURPOSE OF THE MANDATORY FUNDING TO STATES The gentleman from Texas has 11⁄2 to vote on a sensible amendment. Show FOR AMERICAN HEALTH BENEFIT EXCHANGES CREATED minutes remaining. us what you are going to save. Let it be UNDER THE AFFORDABLE CARE ACT (SECTION 1311(A) Mr. BURGESS. Mr. Chairman, the put on the Web site. Let the American OF THE AFFORDABLE CARE ACT) real travesty here is the fact that there people see it. And explain why you When Congress passed the Affordable Care is no upper limit on what the Secretary would rather put these dollars on while Act in 2010 and the President signed it into of Health and Human Services can you raise the cost in an unbelievable law, the Department of Health and Human spend on the exchanges. It is pointless way. And because of the fact that peo- Services was mandated to provide funding by to put up on the Web site how much ple will not have insurance, they will making Grants to States for the purpose of es- money has been saved when the actual get sicker and sicker and sicker and tablishing ‘‘American Health Benefit Ex- amount of money to be spent equals in- sicker. God forbid if we take out Medi- changes,’’ so to make it easier for small busi- finity. care and all the seniors will wind up nesses and the public to obtain competitive We are borrowing 42 cents out of being sick and lose their lives as well. health insurance on the basis of ‘‘Price & every dollar that we spend at the Fed- I reserve the balance of my time. Quality’’ rather than be subject to the abuses eral level from the Chinese and hand- of insurance companies who would charge ex- b 1510 ing the bill to our children and grand- orbitant, prohibitive rates for coverage. This children. That has to stop. That’s what Mr. BURGESS. I reserve the balance was already a cost cutting measure. This is this legislation is about today. That is of my time. sorely needed insurance reform. why I urge my colleagues to vote Ms. JACKSON LEE of Texas. Mr. The health insurance exchange program is against the Jackson Lee amendment Chairman, let me just say that, if H.R. a key element of the Affordable Care Act and vote for the underlying bill. 1213 passes, it will severely harm cash- aimed at providing coverage to the uninsured. I yield back the balance of my time. strapped States who cannot afford to Six million two hundred thousand residents in The CHAIR. The question is on the establish the health benefit exchanges my home state of Texas do not have health amendment offered by the gentle- which, by the way, will help people of care coverage. Of the 26 percent of the Texan woman from Texas (Ms. JACKSON LEE). all backgrounds, and particularly our population that is uninsured, 18 percent are The question was taken; and the small businesses, our farmers and, yes, children. Chair announced that the noes ap- the children that you’ve seen on these Insurance exchanges would also be avail- peared to have it. posters. able to small businesses with fewer than 100 Ms. JACKSON LEE of Texas. Mr. I ask my colleagues to support this employees. Texas is home to nearly 400,000 Chairman, I demand a recorded vote. important amendment. Show your small businesses employing less than 500 The CHAIR. Pursuant to clause 6 of cards. If we’re saving money, let it be people, and nearly 2 million self-employed en- rule XVIII, further proceedings on the on the Web site, and let us compare trepreneurs who would certainly benefit from a amendment offered by the gentle- those savings against the thousands health insurance exchange. woman from Texas will be postponed. and millions of individuals who will be According to the Kaiser Family Foundation, AMENDMENT NO. 2 OFFERED BY MS. WATERS blocked from having health exchange 23 percent of Texas’ population lives in pov- The CHAIR. It is now in order to con- opportunities. While some of us will erty. Health insurance exchange programs sider amendment No. 2 printed in have savings accounts, others will have would provide relief to those living at less than House Report 112–70. nothing, absolutely zero. 133 percent of the poverty level, about Ms. WATERS. Mr. Chairman, I have Vote for the Jackson Lee amendment $14,484 dollars annually, by making them eli- an amendment at the desk. to really show the cards of what hap- gible for Medicaid in all states. More than 30 The CHAIR. The Clerk will designate pens when you cut out and repeal percent of impoverished Texans would be eli- the amendment. health care coverage for America. gible for Medicaid under this provision. The text of the amendment is as fol- Mr. Chairman, I would first like to state my The Health Benefit Exchange Programs lows: clear position that I am adamantly opposed to were championed as a means for people to H.R. 1213 and its Repeal of the Mandatory get affordable health care and now they are At the end of section 1, add the following Funding Provided to States to Establish Amer- opposing that very principle in H.R. 1213. new subsection: (c) REPORT.—Not later than 6 months after ican Health Benefit Exchanges under the Af- If H.R. 1213 passes, it will severely harm fordable Care Act. The funding for American the date of the enactment of this Act, the cash-strapped states who cannot afford to es- Secretary of Health and Human Services health benefit exchanges curbs insurance tablish the health benefit exchanges on their shall submit to Congress a report on the ex- company abuses, saves lives and saves own. tent to which States are expected to have money. The Affordable Care Act requires all State difficulties establishing Health Benefit Ex- If H.R. 1213 to Repeal Mandatory Funding Health Benefit Exchanges to be self-sustaining changes without Federal assistance repealed Provided to States to Establish American by Year 2015 and no further Federal grants and rescinded under subsections (a) and (b). Health Benefit Exchanges Provided under will be made to states for health benefit ex- The CHAIR. Pursuant to House Reso- Section 1311(a) of the Patient Protection and changes after January 1, 2015. This sounds lution 236, the gentlewoman from Cali- Affordable Care Act is enacted into law: like the State’s rights that my Republican col- fornia (Ms. WATERS) and a Member op- I. WHAT MY AMENDMENT DOES IS leagues have been championing on this Floor posed each will control 5 minutes. Requires the Department of Health and for a very long time in the course of debating The Chair recognizes the gentle- Human Services to post public notice on its of- health care reform. Now, they are opposed to woman from California.

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.061 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2964 CONGRESSIONAL RECORD — HOUSE May 3, 2011 Ms. WATERS. Mr. Chairman, my public employees. If the Federal Gov- issue a report to judge the benefits of amendment requires the Secretary of ernment expects States to set up the regulations. Oh, by the way, regu- Health and Human Services to submit health exchanges without any assist- lations that her own department to Congress a report on the extent to ance, it will only compound their budg- writes. Given the politically charged which States are expected to have dif- etary problems. reports being issued by the Department ficulties establishing health benefit ex- My amendment requires the Sec- of Health and Human Services since changes without the Federal assistance retary of Health and Human Services the passage of the Patient Protection repealed by this bill. to report to Congress, within 6 months and Affordable Care Act, we shouldn’t The Affordable Care Act requires the of enactment, on the difficulties States pay for another taxpayer-financed ad- establishment of health benefit ex- will encounter while trying to set up vertisement for their health care law. changes in every State. These ex- these exchanges without Federal help. I urge my colleagues to oppose the changes will be a marketplace where If Congress is going to deny States the Waters amendment. individuals, families, and small busi- funding that was mandated for them to I yield back the balance of my time. nesses can purchase health insurance. set up their health exchanges, Congress The CHAIR. The question is on the The exchanges will feature a variety of needs to know the extent of the dif- amendment offered by the gentle- health plans offered by different insur- ficulties States will face without these woman from California (Ms. WATERS). ance companies, all of which must offer funds. The question was taken; and the a comprehensive set of essential health I urge my colleagues to support this Chair announced that the noes ap- benefits at affordable prices. The pur- amendment. peared to have it. pose of these exchanges is to enable I yield back the balance of my time. Ms. WATERS. Mr. Chairman, I de- American consumers to compare pre- Mr. BURGESS. Mr. Chairman, I rise mand a recorded vote. miums, out-of-pocket expenses and in opposition to the amendment. The CHAIR. Pursuant to clause 6 of benefits, and make informed choices The CHAIR. The gentleman from rule XVIII, further proceedings on the among competing health plans. Texas is recognized for 5 minutes. amendment offered by the gentle- The Affordable Care Act places an Mr. BURGESS. I stand in opposition woman from California will be post- emphasis on State-based health reform. to the Waters amendment because it poned. does perpetuate the fallacy that the The Affordable Care Act allows States b 1520 to set up their own health benefit ex- Patient Protection and Affordable Care changes and offers grants to States to Act will actually provide affordable AMENDMENT NO. 3 OFFERED BY MR. ELLISON assist them in doing so. A total of 49 health care options. The CHAIR. It is now in order to con- States, the District of Columbia, and We’ve had this debate for some time, sider amendment No. 3 printed in four territories have already applied and my colleagues on the other side of House Report 112–70. for these exchange grants. These the aisle have argued that the way to Mr. ELLISON. I have an amendment States and territories are working hard provide an affordable coverage option at the desk. to determine what type of health insur- to the uninsured is through a massive The CHAIR. The Clerk will designate ance marketplace will be best for their 2,700-page law authorizing thousands of the amendment. families and businesses. pages of new regulations. Yet we’ve The text of the amendment is as fol- Without Federal funding, some learned that merely one costly require- lows: States could have difficulty estab- ment of the many contained in the Pa- Add at the end of section 1 the following lishing exchanges in a timely manner. tient Protection Affordable Care Act new subsection: This could lead to poor management of has forced the Secretary to issue over (c) REPORT.—Not later than 6 months after 1,200 waivers. the date of the enactment of this Act, the the exchanges, fewer health plans in- Secretary of Health and Human Services cluded on the exchanges, and years of Now, Mr. Chairman, I want you to shall submit to Congress a report that con- delay in getting the exchanges up and take a minute with me and to envision tains the results of a study on the possible running. in your mind’s eye, I want you to vis- delays and potential enrollment reductions Some States might simply refuse to ualize a central planner, maybe a very into Health Benefit Exchanges as a result of establish exchanges at all in the ab- benevolent central planner, but a cen- the repeal and rescission of funds under sub- sence of Federal assistance. This would tral planner nevertheless, moving data sections (a) and (b). result in greater costs for the Federal points around on a spreadsheet. That’s The CHAIR. Pursuant to House Reso- Government because the Affordable what we’re going to have under this. lution 236, the gentleman from Min- Care Act requires the Federal Govern- Washington will literally impose nesota (Mr. ELLISON) and a Member op- ment to set up health exchanges in thousands of new requirements on posed each will control 5 minutes. those States that do not set up their plans that kindly bureaucrats are kind The Chair recognizes the gentleman own exchanges. enough to allow poor Americans to buy from Minnesota. According to the Congressional Budg- in the Patient Protection and Afford- Mr. ELLISON. Mr. Chair, today I rise et Office, States that attempt to set up able Care Act’s exchanges. The only to offer an amendment to H.R. 1213, health exchanges without Federal way to make these federally controlled and I rise in opposition to the under- funding may face challenges in making health plans affordable is through the lying bill. their exchanges fully operational by massive subsidy contained in the Pa- My amendment is very simple. It di- 2014, as the law requires. These chal- tient Protection and Affordable Care rects the Secretary of Health and lenges could limit the desirability of Act. Yet every Member of this body Human Services to submit a report to the exchanges for consumers and re- should know that we can no longer af- Congress 6 months after the enactment duce the capacity of some exchanges to ford the ‘‘business as usual’’ spending of the bill, a report which examines the process enrollment. As a result, CBO binge to which my Democrat friends possible delays and potential enroll- estimates that by 2015, there will be al- are clearly affixed. ment reductions in the health care ex- most 2 million fewer people enrolled in I also reject the premise of this changes that will result from this bill. State exchanges. amendment. Remember, a few mo- Yet, before I dive into my amendment, Many States are already facing de- ments ago when debating the baseline Mr. Chair, let’s review just for a mo- clining revenues and budget pressures bill, I said, you know, we’ve given the ment. as a result of the Great Recession. Secretary of Health and Human Serv- From the year 2000 to the year 2006, Some States were forced to make pain- ices the ability to write all the rules of the Republicans controlled the House, ful choices, increasing taxes or cutting the game and then to function as the the Senate and the White House. They spending in order to make ends meet. referee to interpret the rules. That’s controlled all three of those institu- Budget pressures have forced States to what we’re furthering with this amend- tions at a time when Americans were consider closing public health facili- ment. literally going bankrupt because of ties, postpone transportation and infra- The underlying assumption of this medical debt. The fact is that the Re- structure projects, and lay off teachers, amendment is that the Secretary of publicans refused to do anything at all law enforcement officers and other Health and Human Services should to try to help Americans within our

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.066 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2965 health care system, which was dysfunc- every man, woman and child in this Human Services? I believe our Sec- tional and broken. country now has to purchase their retary of Health and Human Services is They did nothing. products. They were suddenly released an honorable person, and there is no They stood back and watched 60 per- from creating products that people basis to attack her integrity on the cent of all bankruptcy filings happen might actually want, and now you have House floor. That again is a disgrace as a result of medical debt. They sat to buy their products because the Fed- and a very sad occasion. This Secretary back and watched 47 million uninsured eral Government tells you you must, of Health and Human Services was ap- Americans as they faced nothing more and the Internal Revenue Service is pointed by a duly-elected President, than emergency rooms as relief. They going to be the enforcer; but let’s con- and was confirmed by the Senate. Yet sat back and watched small businesses fine our remarks to the business at the Secretary has to withstand all of either have to offer no health care in- hand, which is the Ellison amendment. these attacks on her integrity. surance at all or have to stomach enor- The amendment would require the The fact is that this is still nothing mous health care burdens as premiums Secretary of Health and Human Serv- but a diversion and a distraction. This just galloped along day after day. They ices to submit a report on the possible is an attack on the American people’s sat back and watched while auto com- delays and potential enrollment reduc- legislation to fix this health care sys- panies produced vehicles where as tions in health benefit exchanges. Now, tem. As the gentleman goes on and on much as $2,100 per car went to nothing here is a bit of irony. The reason we about government, look, health insur- but health care costs. need this bill is that the authors were ance companies, which have absolutely This is the Republican Conference either inadvertently providing the Sec- no accountability except to their that now seeks to try to take away retary of HHS an unprecedented unlim- stockholders and their highly paid what the Democratic Caucus and the ited tap on the Federal Treasury for CEOs, are denying care, denying treat- United States Congress passed the last these grants or they meant to provide ment, denying doctors. This is the time. Instead of trying to say ‘‘we’re this blank check to the Secretary. Now tragedy that Americans are living here to do something; we’re here to the amendment would ask the same through every single day. offer some solutions,’’ all they want to Secretary to evaluate the impact of By the way, to the tune of as many do is to strip away from Americans taking away their authority to spend as 52 million people, Americans have that little bit of protection from the unlimited money. gone bankrupt, have lost their liveli- vicissitudes of the health care insur- I wonder how they’re going to rule on hoods, and have been uninsured. What ance industry that they have been sub- that? is the gentleman’s answer to that? jected to for so many years. Instead of Not one amendment has been offered We’ve heard nothing about this—only saying ‘‘we’re here to help,’’ they’re this afternoon that would actually ask what’s wrong, only blaming govern- here to help the insurance companies. the Secretary to report on how the ment. In this democratic Nation, which That’s whose side they’re on. It is a Secretary is going to spend these funds I am proud of, he attacks our govern- shame and a disgrace, and I am very, or provide information regarding how ment, the American people’s govern- very sad to see this bill on the floor much money the Secretary actually in- ment. This again is an abomination today. So what I’d like to do is to offer tends to spend in this section. People and a sad thing. an amendment, Mr. Chairman. should be aware that the amendment Let me just say, if the insurance I offer an amendment to say, if we’re does not ask for a report on the benefit companies love the bill so much, why going to do this, if we’re going to take of health insurance exchanges. Rather, have they lobbied against it to the away from the American people these the amendment asks the Secretary to tune of $14 million a day? I remember exchanges that are going to give them evaluate only the exchanges con- standing on this House floor, seeing the a little bit of relief, let’s at least know templated under the Patient Protec- insurance company lobbyists here what we’re doing. Let’s at least figure tion and Affordable Care Act, which every day. They spent as much as $14 out what the effects are going to be on gives the Secretary the authority to million a day to defeat the Affordable the American people instead of just determine what plans can be sold and Care Act. This is the bill that, accord- snatching out of their hands these ex- what benefits must be offered. ing to the gentleman, they love so changes that are designed to give them The Secretary is even given the au- much. The fact is that that, again, is a little bit of relief from the health thority to limit your choices of doc- not accurate. It’s untrue. care insurance companies. Let’s find tors. That’s not rhetoric. That’s in sec- This is a good amendment. It just out who is going to be delayed and tion 1311(h) of the Patient Protection adds a little bit of sunshine which will what potential enrollment reductions and Affordable Care Act. Some States help people get into exchanges to get are going to exist. Let’s figure it out. may want to create exchanges that affordable health care insurance poli- This is an important and a meri- look nothing like the centrally con- cies. As that is stripped away and torious amendment, and I think the trolled exchanges called for in PPACA. snatched out of their hands, Americans least the Republican Conference can do Yet this amendment only wants the will at least know why and the impact is to say, You know what? If we are Secretary to report on exchanges that of it. going to go back to the bad old days, the Secretary is charged with creating. I yield back the balance of my time. which was before the Affordable Care Some States may want to create ex- The CHAIR. The gentleman from Act was passed, at least we ought to changes that actually provide people Texas also has 2 minutes remaining. know what harm we are going to be real choices and that actually let peo- Mr. BURGESS. Mr. Chairman, I will doing to the American people. ple keep their doctors. Some States direct my remarks to you and will try So I urge support of this amendment. may feel that reforms other than ex- not to make them personal, but I am I reserve the balance of my time. changes fit their States better. offended that the previous speaker Mr. BURGESS. Mr. Chairman, I rise I also oppose the amendment because would say that I am attacking the Sec- in opposition to the Ellison amend- it is a conflict of interest to ask the retary of Health and Human Services. ment. Secretary to report on whether the Nothing could be further from the The CHAIR. The gentleman from Secretary believes that unlimited fund- truth. Texas is recognized for 5 minutes. ing and numerous authorities to con- The fact of the matter is, Mr. Chair- Mr. BURGESS. Mr. Chairman, I do trol the exchanges are a bad or a good man, that the Patient Protection and feel obligated to point out that the in- thing. I also reject the notion that only Affordable Care Act that was pushed surance companies of this country love an exchange designed and controlled by through this Congress by then-Speaker the Patient Protection and Affordable Washington, D.C., can reduce the num- PELOSI and members of the Democratic Care Act. Look what happened to their ber of uninsured. Caucus gave the Secretary of Health stock on March 24 of 2010. It went I reserve the balance of my time. and Human Services unprecedented through the roof. The reason is that The CHAIR. The gentleman from power. With regard to every man, they got individual mandates, not sup- Minnesota has 2 minutes remaining. woman and child in this country, the ported by any Republican I’m aware of. Mr. ELLISON. Mr. Chair, why all the most intimate aspects of their lives are They got individual mandates that attacks on the Secretary of Health and now controlled by the Secretary of

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There are thou- Comptroller General shall submit to the think it is going to be a good thing by sands of pages that go in the Federal Congress a report setting forth the results comparison, but I would like the GAO Register. and conclusions of the study under para- to certainly study it. graph (1). I would point out, 49 States, the Dis- b 1530 The CHAIR. Pursuant to House Reso- trict of Columbia, and four territories Now, I know most people spend part lution 236, the gentleman from New have gotten beyond the ideology and of their nights reading the Federal Jersey (Mr. PALLONE) and a Member have applied for these exchange grants. Register every evening; but for those opposed each will control 5 minutes. There is almost nobody on either side who don’t, these regulations are com- The Chair recognizes the gentleman of the aisle that doesn’t have their ing at you at an alarming rate. from New Jersey. State applying for these grants, be- Let’s be honest about the insurance Mr. PALLONE. I yield myself 3 min- cause the States know that if they are companies. The insurance companies utes. going to set up these exchanges, they love this bill. They get an individual Mr. Chairman, my amendment re- might as well have the money so they mandate: you’ve got to buy their prod- quires the Comptroller General of the can have the flexibility to do it the uct. You have no choice. It is a man- Government Accountability Office to right way. So all you are doing by re- date enforced by the Secretary and, oh, study the impacts of the exchange pealing these grants is pulling the rug by the way, by the Internal Revenue grants on allowing States to set up out from the States, your own State in Service. State-run exchanges, as opposed to almost every case, whether you are a Look, this is a bad amendment. Let having the Federal Government estab- Democrat or a Republican. us defeat this amendment. Support the lish and operate the States’ exchanges. I don’t want to repeat what Mr. Deal Dr. BURGESS and I have had a col- underlying bill. said, now the Governor of Georgia, but loquy on this back and forth all after- I yield back the balance of my time. my colleague from Texas often men- The CHAIR. The question is on the noon, and I know he just mentioned it again. My whole point today has been tions the Governor of Utah, and I just amendment offered by the gentleman wanted to read a quote from the Gov- from Minnesota (Mr. ELLISON). that if we are going to have exchanges, which I know many of my Republican ernor of Utah. The question was taken; and the The CHAIR. The time of the gen- Chair announced that the noes ap- colleagues would not want to do, but they are not repealing the State ex- tleman has expired. peared to have it. Mr. PALLONE. I yield myself an ad- changes. They are simply saying that Mr. ELLISON. Mr. Chairman, I de- ditional 30 seconds, Mr. Chairman. they are not going to give them any mand a recorded vote. Governor Herbert of Utah stated at a The CHAIR. Pursuant to clause 6 of money to proceed. I think that is a very shortsighted recent hearing in the Energy and Com- rule XVIII, further proceedings on the plan because the fact of the matter is merce Committee on March 1—and he amendment offered by the gentleman that the State exchanges would work was commenting on Governor Barbour, from Minnesota will be postponed. best if they had the flexibility and they who also appeared before the com- AMENDMENT NO. 4 OFFERED BY MR. PALLONE had the money so that they could fig- mittee—he said: I am not saying it is The CHAIR. It is now in order to con- ure out what was the best way to tailor the approach. It is an approach. And I sider amendment No. 4 printed in the health care exchange program to would just echo what Governor House Report 112–70. their needs in their State. My view is Barbour said. You know, all States Mr. PALLONE. Mr. Chairman, I have that by denying them that money ought to have the opportunities to find an amendment at the desk. through the State grants, we are sim- the solutions to the problem. The CHAIR. The Clerk will designate ply letting the Federal Government So again, even the Governor of Utah, the amendment. come in and essentially run the ex- which Dr. BURGESS has mentioned The text of the amendment is as fol- change. many times, has said: I may not like lows: My colleague Mr. BURGESS keeps the Affordable Care Act; I may not In section 1, add at the end the following: mentioning over and over again, well, even like exchanges. But if you are (c) GAO REPORT ON IMPACTS THAT FUNDING the Health and Human Services Sec- going to have exchanges, it certainly WOULD HAVE ON STATES ESTABLISHING EX- retary is going to do this and is going makes sense for States to operate them CHANGES, IF NOT REPEALED AND RESCINDED.— to do that. Well, if he doesn’t like that, and have the money to do it in a right (1) STUDY.—The Comptroller General of the then why in the world would he let her way. United States shall conduct a study to deter- do it by saying they are not giving the That is what this bill would stop. mine the impacts that expenditures by States the money to do their own That is why we need the GAO report. States, using the funding made available Mr. BURGESS. Mr. Chairman, I rise under subsection (a) of section 1311 of the Pa- thing? I mean, if you believe in States’ tient Protection and Affordable Care Act (42 rights, if you don’t want the Health in opposition to the Pallone amend- U.S.C. 18031), would have in establishing and Human Services Secretary to con- ment. State-run American Health Benefit Ex- trol the process, then let the States do The CHAIR. The gentleman from changes (as described in subsection (b) of their thing, and the only way they are Texas is recognized for 5 minutes. such section) that reflect the marketplace of going to be able to do that is if they Mr. BURGESS. Mr. Chairman, I yield the specific State (as opposed to State ex- get some money to accomplish that myself 4 minutes. changes established and operated by the Fed- goal. The description provided by the au- eral Government), if such funding were not I mentioned my home State of New thor to the Rules Committee states repealed and rescinded under subsections (a) that the amendment ‘‘would require and (b) of this section. In determining such Jersey has already received some impacts, the Comptroller General shall at a money through these grants. They are the Government Accountability Office minimum address— doing demographic surveys. They are to report on benefits of funding in set- (A) whether employers with over 50 em- trying to find out who the clientele ting up State-run exchanges that re- ployees are permitted in such Exchanges to are, what the health concerns are of flect the State’s marketplace, as op- purchase insurance over time; the clientele so that they can make de- posed to State exchanges established (B) what type financing mechanisms will cisions about what kinds of plans they and operated by the Federal Govern- be used to operate such Exchanges; would have on the exchanges, what ment.’’ (C) whether such Exchanges will be active That description sounds appealing negotiators in selecting health plans to ob- they would offer on the exchanges. tain the best price and quality for citizens; This is the type of thing that is al- enough in its own right; but sort of (D) whether States will operate such Ex- lowed and encouraged if you have State like the health care reform law of last changes together with one or more other grants. Without the State grants, that year, you have to read the amendment States; and won’t be possible. to find out what is in it.

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.071 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2967 The amendment does not ask the State better than Austin in the State The gentleman from Texas has 1 Government Accountability Office to of Texas? Well, Washington actually minute remaining. examine the benefits of State-run wins that round. Mr. BURGESS. I yield myself the health insurance exchanges. Rather, How about this one: Washington or balance of my time. the amendment asks the GAO to report Austin, force State government to pay The Patient Protection and Afford- only the exchanges called for in the Pa- for existing benefit requirements? able Care Act, as seductive as the title tient Protection Affordable Care Act, Well, guess what, Washington, not the sounds, does not empower the States. whose rules and structure are domi- State. Washington will be the one mak- In fact, it does just the opposite. nated by Washington rather than ing that determination. Some States have created or are in States or individuals. b 1540 the process of creating State exchanges The amendment description speaks that would not meet the requirements Then under section 1321, If the Sec- to ‘‘setting up State-run exchanges set forth by Washington. For these and retary determines a State has not that reflect the State’s marketplace.’’ other States that don’t believe that taken the necessary steps, as deter- However, talk about State flexibility Washington knows best, I oppose this mined by the Secretary, to meet all the in the Patient Protection and Afford- amendment. I urge my colleagues to requirements set forth by the Sec- oppose the amendment. I urge my col- able Care Act is just that: it is merely retary, then the Secretary will take leagues to support the underlying bill. talk. over the State exchange. I would remind my colleagues about I think, Mr. Chair, you begin to get I yield back the balance of my time. the Golden Rule: He with the gold the impression that this is not State The CHAIR. The question is on the makes the rules. flexibility; this is of and run by Wash- amendment offered by the gentleman So let’s once again look at just a few ington, DC. from New Jersey (Mr. PALLONE). areas where Washington will dictate I reserve the balance of my time. The amendment was rejected. operation and structures of the ex- The CHAIR. The gentleman from AMENDMENT NO. 5 OFFERED BY MR. WELCH changes. New Jersey has 11⁄2 minutes remaining. The CHAIR. It is now in order to con- For the purposes of comparison, let Mr. PALLONE. Mr. Chairman, I yield sider amendment No. 5 printed in me use Washington versus Austin, the myself such time as I may consume. House Report 112–70. capital of my State. My colleague on the other side, I Mr. WELCH. Mr. Chairman, I have an So will Washington or Austin choose don’t understand. You are saying that amendment at the desk. the essential benefits that must be paid you want Austin to do it, you want The CHAIR. The Clerk will designate for by the individuals and families? Austin to have the flexibility to frame the amendment. Section 1302 of the Patient Protection a program that is done best because The text of the amendment is as fol- Affordable Care Act says that responsi- you think that Austin and the State lows: bility is Washington’s. are going to do it best. Well, if that is Strike all after the enacting clause and in- Will Washington or Austin control the case, why in the world are you put- sert the following: whether health savings accounts and ting this bill on the floor? Because my SECTION 1. PRESERVING EXCHANGE GRANTS other consumer-driven plans can be of- whole point in this amendment is that, FOR STATES THAT APPLY FOR fered? Section 1302(d)(2) says Wash- by passing this bill, you are simply ab- EARLY INNOVATOR GRANTS BEFORE ington wins that round. 2012, SUBJECT TO AVAILABILITY OF dicating the right of the State to make APPROPRIATIONS. What about, will it be Washington or a decision and to have the flexibility to (a) IN GENERAL.—Section 1311(a) of the Pa- Austin that will select the doctors and set up a good program that is tailored tient Protection and Affordable Care Act (42 other health care professionals that are to the State. It is the exact opposite of U.S.C. 18031(a)) is amended— allowed to provide care in the exchange what you are saying you want to do. (1) in paragraph (1)— plans? Well, section 1311(h) gives that If you believe that the Secretary of (A) by striking ‘‘shall be appropriated to authority to Washington, not Austin. Health and Human Services in Wash- the Secretary, out of any moneys in the Washington or Austin to decide if ington is going to make the wrong de- Treasury not otherwise appropriated’’ and your plan’s provider network is ade- cision, I don’t think she would, but if inserting ‘‘is authorized to be appropriated’’; quate regardless of whether or not it (B) by inserting ‘‘(not to exceed you believe that, then you shouldn’t be $1,900,000,000)’’ after ‘‘an amount’’; and covers your doctor? Section offering this bill, because this bill (C) by inserting ‘‘that apply for an early 1311(c)(1)(B) gives that authority to takes away the flexibility and the innovator grant (as described in the January Washington, DC. power of Austin or the States to make 20, 2011, Department of Health and Human Will it be Washington or Austin to the right decisions. It is totally con- Services funding opportunity announcement) decide whether a plan provides linguis- trary to the purpose of what you are before December 31, 2011,’’ after ‘‘States’’; tically appropriate and culturally sen- trying to accomplish. To me, it is (2) in paragraph (2), by striking ‘‘available sitive information? Section 1311(i) mind-boggling. to each State’’ inserting ‘‘available, subject gives the nod to Washington. Now, I think what you are really try- to the amounts made available by an appro- priations Act pursuant to paragraph (1), to Will it be Washington or Austin that ing to do, of course, is just say let’s each State described in paragraph (1)’’; determines whether a State plan is forget about the exchanges, let’s (3) in paragraph (4)(A), by inserting ‘‘, sub- properly accredited? Well, once again, defund the exchanges, let’s get rid of ject to the amounts made available by an ap- section 1311(c)(1)(B), Washington wins the whole Affordable Care Act. Obvi- propriations Act pursuant to such para- that round also. ously, that would be very unfortunate graph,’’ after ‘‘under paragraph (1)’’; and Washington or Austin, who do you because so many more people are going (4) in paragraph (5), by striking ‘‘provide think is going to win this one, can de- to be covered at a low cost with a good technical assistance to States’’ and inserting cide when individuals can enroll in an benefit package and all the benefits ‘‘, subject to the amounts made available by exchange plan? Section 1113(c)(1)(I)(6), an appropriations Act pursuant to paragraph and the antidiscriminatory practices (1), provide technical assistance to States de- Washington, DC wins that one. that have already been in place would scribed in paragraph (1)’’. Washington or Austin, impose certifi- be gotten rid of. (b) RESCISSION OF UNOBLIGATED FUNDS.—Of cation and decertification plan require- I would say again, if you are totally the funds appropriated under such section ments written by the Department of opposed to the bill, that is one thing. 1311(a) before the date of the enactment of Health and Human Services? Well, But if you feel strongly that the State this Act, the unobligated balance is re- that’s hardly fair because HHS is in exchanges should be run by the States, scinded. Washington, and, you guessed it, Wash- then your legislation today is totally The CHAIR. Pursuant to House Reso- ington wins that round. misplaced. lution 236, the gentleman from Washington or Austin, who do you The CHAIR. The time of the gen- Vermont (Mr. WELCH) and a Member think is going to win this one: judge tleman has expired. opposed each will control 5 minutes. the adequacy of an exchange Internet ANNOUNCEMENT BY THE CHAIR The Chair recognizes the gentleman Web site? That’s something that the The CHAIR. The Chair would remind from Vermont. States should be able to decide. After all Members to address their remarks Mr. WELCH. Mr. Chairman, this Con- all, who knows the residents of the to the Chair. gress and the last Congress are at odds

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.078 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2968 CONGRESSIONAL RECORD — HOUSE May 3, 2011 about health care. It is a fundamental Mr. BURGESS. I yield myself 4 min- ignore the rhetoric and actually read question of fundamental importance to utes. the bill. Those who do will clearly see the people of this country. My colleagues on the other side of that any suggestion that the Patient The last Congress passed the Patient the aisle have argued that these grants Protection and Affordable Care Act Protection and Affordability Act. The encourage flexibility by promoting provides States flexibility does not first act of this Congress, of the House State control of the exchanges. Yet hold up to the words in this 2,700-page of Representatives, was to repeal that this argument is based on the premise bill. act. We have got disagreement about that States can actually design the I reserve the balance of my time. what should be done. The House legis- right health care plan for their citizens Mr. WELCH. How much time do I lation is pending in the Senate, likely under the Patient Protection and Af- have remaining? to go nowhere. This legislation before fordable Care Act. But when you look The CHAIR. The gentleman has 2 us today is a further effort to unravel at the law, you understand that this minutes remaining. the law that was passed by the House, concept is actually not true. Mr. WELCH. Thank you. the Senate, and signed by the Presi- In reality, the relationship between I want to talk a minute about Social dent last year. the States and Washington, the States Security. You have access to Social Se- Acknowledging that there is a seri- are the servant, not a partner of Wash- curity whether you live in Texas or ous debate within this body about the ington under this health care law. The you live in Vermont. It’s a program future direction of health care, this Secretary of Health and Human Serv- that benefits every single citizen of amendment would allow for the State ices will control what benefits must be this country. The underlying premise health exchanges, where there have bought, must be bought, in an ex- of Social Security is that we’re all in it been applications by 13 States for early change. together. We all pay into the benefit innovator grants, to go forward. It A benevolent central planner, and I program and we all benefit, whether would exempt from the defunding $1.9 underscore the word ‘‘benevolent,’’ but you’re rich or whether you’re poor. billion that would be then subject to a benevolent central planner will de- We’re all in it together. appropriations up to that amount. It cide whether you, your doctor, your Our amendment acknowledges that wouldn’t guarantee it. It would be sub- nurse, your clinic, your hospital can this is a stronger and better country if ject to appropriations. My preference, provide care to you through an ex- all of us have access to affordable quite frankly, was to make that man- change plan. A regulation writer at the health care, whether you live in Texas datory, as it was in the original bill, Department of Health and Human or you live in Vermont. So, yes, it is but that was not permitted under the Services will decide whether or not true that in the Welch amendment we rules in order to make this amendment your health savings account complies maintain that national commitment to in order. with their rules. all Americans being covered and all The advantage to doing this is it Rather than promote local control, Americans benefiting by access to does, and I speak to my friend the gen- the Patient Protection and Affordable health care, which we know they need. tleman from Texas, it allows the local Care Act’s exchanges have only the ve- But what it also does is say that in the States to be making decisions about neer of providing States flexibility, and implementation and in the delivery of how best to design their health care. they certainly rob an individual and health care, driving decisions and au- Just to go through some of the recita- they rob families of health care choice, thority down to the local level will tion by the gentleman from Texas, the even if they are happy with the cov- help us be successful. It will allow early innovator grants have been erage that they currently have. States to show that maybe they have awarded to 11 States. Again, it allows The Welch amendment does not au- the better way of achieving this goal of them to decide what is the best design thorize a grant program for States to access to health care for every citizen of these health exchanges. And these establish exchanges, that is exchanges in the country. States include what we might call red written with a lower case E, but, rath- So, yes, I say to the gentleman from States and blue States. It is Kansas er, Health Benefit Exchanges, all caps, Texas, we do embrace in my amend- and Wisconsin. It is Maryland and Mas- that are contemplated in the Patient ment the concept that every American sachusetts. It does include Vermont, Protection and Affordable Care Act. should have access to affordable health my State, that has taken on responsi- Section 1321 of the bill has the title care. But what we also do, I say to the bility to try to move forward to design ‘‘State Flexibility in Operation and En- gentleman from Texas, is acknowledge a health care system that is good for forcement of Exchanges,’’ but a reading that States can experiment; that folks business, good for consumers, and good of that section shows the title could at the local level may have a better for taxpayers. not be anymore misleading. The sec- way to make decisions and actually to So the fundamental question here is: tion is littered with phrases such as deliver care. And if they design a plan Do you think that States can be a lab- ‘‘other requirements the Secretary de- in Texas to do it one way and we design oratory of experimentation and policy? termines appropriate,’’ or words such a plan to do it in Vermont another The States take action. They imple- as ‘‘the Secretary determines that an way, why not? Why not let the States ment a plan according to the design in electing State has not taken the ac- figure out how to make good on this Boston if it is Massachusetts, or Hart- tions the Secretary determines nec- promise to America that every one of ford if it is Connecticut, or Tulsa if it essary.’’ us can have access to the health care is Oklahoma, or Montpelier if it is Section 1311(k), I have referenced that we need. Vermont; and the folks in that State, that previously, section 1311(k) states I yield back the balance of my time. where they have fundamental responsi- that ‘‘an exchange may not establish The CHAIR. The gentleman from bility for the citizens of that State, rules that conflict with or prevent the Texas has 2 minutes remaining. will be making the decision. application of regulations issued by the Mr. BURGESS. I thank the chair- This allows us to be partners with Secretary.’’ man. the States where they take on this re- I would just say, once again, the b 1550 sponsibility. They get some help from flexibility does not exist. It’s a veneer, the Federal Government to implement Mr. Chairman, I am encouraged that it’s a falsehood that under this plan these health benefit exchanges, and we the supporter of the amendment be- the States would maintain flexibility. are allowed, then, to basically get the lieves that we should not provide the The Secretary determines whether or benefit of the Federal system where Secretary with a blank check. How- not the States are complying. The Sec- States make decisions and the Federal ever, I oppose this amendment because retary determines whether or not the Government is a partner. it perpetuates the idea that the Fed- plans are in compliance with what the I reserve the balance of my time. eral Government should dictate how Secretary thinks is a reasonable plan Mr. BURGESS. Mr. Chairman, I rise States establish exchanges. to be offered. If we want to talk about in opposition to the amendment. Last year, we were told we need to the ability of people to buy insurance The CHAIR. The gentleman from read the bill to know what is in it. across State lines, that’s an argument Texas is recognized for 5 minutes. Today, I ask those here in this body to that we can and should have. I don’t

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.082 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2969 know why your side rejected that in fordable Care Act advanced inappropri- the common sense being lacking on the the debates over the Patient Protec- ately. Section 4101(a) of the Patient Democratic side. After listening to tion and Affordable Care Act. The fact Protection and Affordable Care Act him, I think the rationale and the com- of the matter is, they didn’t. We are funds only the construction of school- mon sense is lacking on the Republican where are. Let’s defeat this amendment based health centers. The $50 million in side. and support the underlying bill. grants are for construction only and My colleague from Texas has said I yield back the balance of my time. there is an express prohibition on these over and over again he supports school- The CHAIR. The question is on the funds being used to provide health based clinics. He even supports Federal amendment offered by the gentleman services. No such provision was in the funding for school-based clinics. Then from Vermont (Mr. WELCH). bill passed by the House. You will re- what is the possible rationale for post- The amendment was rejected. call H.R. 3200 was the Health Care Re- ing this bill? Mr. BURGESS. Mr. Chairman, I move form Act that the House of Representa- Many of my colleagues on the other that the Committee do now rise. tives worked through its committees of side have said today they’re opposed to The motion was agreed to. jurisdiction, on which we held hear- the entire Affordable Care Act. They’re Accordingly, the Committee rose; ings, on which we had debate on the opposed to funding the entire Afford- and the Speaker pro tempore (Mr. BUR- floor of the House, and which passed able Care Act. Yet somehow today GESS) having assumed the chair, Mr. the House in November of last year. It they’re taking little pieces of the Af- LATOURETTE, Chair of the Committee had no such provision in the House fordable Care Act that they even agree of the Whole House on the State of the Democrats’-passed bill. Since no such with, from my understanding in listen- Union, reported that that Committee, provision was included in the health ing to my colleague from Texas, and having had under consideration the bill bill, and if the Senate Democrats con- still saying we’re going to defund (H.R. 1213) to repeal mandatory funding sidered the school-based health centers them. I defy my colleague to really un- provided to States in the Patient Pro- important enough to receive manda- derstand why. tection and Affordable Care Act to es- tory funding, why was the mandatory School-based health clinics are a tre- tablish American Health Benefit Ex- funding strictly limited to the con- mendous success story. These programs changes, had come to no resolution struction of the buildings? Not one provide primary care, mental health, thereon. cent is guaranteed to see a child, but dental health services to vulnerable f automatic checks out of the Treasury children across the country in every to build these centers. State. Multiple studies have found that REPEALING MANDATORY FUNDING I will point out that section 4101(b) of these programs are cost-effective in- FOR SCHOOL HEALTH CENTER the Patient Protection and Affordable vestments. They result in lower emer- CONSTRUCTION Care Act created a new discretionary gency room usage, hospitalizations, The SPEAKER pro tempore. Pursu- grant program for school-based health and Medicaid costs. In fact, patients ant to House Resolution 236 and rule centers. But this grant program re- seen at school-based health centers XVIII, the Chair declares the House in quires them to use the funding to pro- cost Medicaid on average $30.40 less the Committee of the Whole House on vide health care services. However, the than comparable non-school-based the State of the Union for the consider- President’s budget did not fund section health center patients. ation of the bill, H.R. 1214. 4101(b), failing to provide school-based This is saving the Federal Govern- ment money. That’s the bottom line. b 1555 health centers money expressly for the purpose of actually providing the serv- And what we’re trying to do here is to IN THE COMMITTEE OF THE WHOLE ice. basically provide for construction, ren- Accordingly, the House resolved Fundamentally, we might even have ovation, and equipment for these cen- itself into the Committee of the Whole some agreement on school-based health ters. Now, in order to get the grant for House on the State of the Union for the centers. I am on record of having sup- that, you have to show that you have consideration of the bill (H.R. 1214) to ported them in the past, and I believe the funds to operate the center. So repeal mandatory funding for school- opening health care points of access is when Dr. BURGESS says, why are you based health center construction, with important. I want to do more in this paying for construction, why are you Mr. LATOURETTE in the chair. realm. But providing mandatory spend- paying for renovation, but you’re not The Clerk read the title of the bill. ing, forced spending to construct facili- paying or you’re not providing for op- The CHAIR. Pursuant to the rule, the ties without adequate safeguards if erations? Every one of these has to bill is considered read the first time. they will provide care is irresponsible show that they have the money to do The gentleman from Texas (Mr. BUR- and it certainly abdicates the the operations before they get the GESS) and the gentleman from New Jer- pursestring nature of the House of Rep- money for construction. What does sey (Mr. PALLONE) each will control 30 resentatives. We are the people’s construction and renovation mean? It minutes. House. It is our obligation to oversee means jobs. The Chair recognizes the gentleman the money that is spent on behalf of I repeat again, when I was home for from Texas. the people of the United States. the last 2 weeks, all I heard from my Mr. BURGESS. Mr. Chairman, I yield Not one guarantee of a doctor, not constituents is, When are you going to myself such time as I may consume. one cent of payment for an immuniza- improve the economy more? When are The Patient Protection and Afford- tion, not once ounce of common sense you going to create more jobs? This is able Care Act included $105 billion of is included in the policy. I will note a program that creates jobs, helps kids, directly appropriated mandatory fund- that this bill does not touch the discre- provides for their well-being and their ing of numerous programs and provi- tionary program to provide care. I urge health, and it’s all preventative. These sions included in the law. For example, my colleagues to support restoring a projects have to be shovel ready in section 4101(a) of the Patient Protec- little fiscal restraint and a little re- order to be funded. So we’re talking tion and Affordable Care Act provides sponsible policy to a small part of the about money that’s going to be imme- $50 million in mandatory spending for law which will destroy the practice of diately spent to put these centers to- construction and expansion of school- medicine as we know it in the Nation gether and to renovate them. based health centers every year, from and put the taxpayer on the hook for I keep hearing my colleagues say re- the inception through 2013, for a total trillions of dollars in spending. peal and replace. That’s the mantra of $150 million. In our current financial I reserve the balance of my time. with the health care bill: We want to situation, it is not only necessary but repeal it and replace it. But I never it is our responsibility that we examine b 1600 hear anything about replace. All I hear all of our spending and make all nec- Mr. PALLONE. I yield myself 3 min- about is repeal, and in this case repeal- essary adjustments. utes. ing a program that is a proven success. H.R. 1214 is a simple bill aimed at a Mr. Chairman, once again I’m listen- It makes absolutely no sense to pass simple goal—to get some of the spend- ing to my colleague Dr. BURGESS, this bill. I hear my colleagues on the ing that the Patient Protection and Af- whom I respect, and he’s talking about other side say over and over again

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.084 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2970 CONGRESSIONAL RECORD — HOUSE May 3, 2011 they’re for these clinics, they’re for with mandatory expenditures. And a around in terms of making sure that these centers. Then why in the world lot of that is for acute care, acute ill- they’re back doing what’s good for do you bring this bill to the floor? ness, injury, or chronic diseases. Now, them and good for their future is just I urge my colleagues to oppose this there’s no similar approach when it smart investment. legislation. comes to promoting wellness, pre- I would also just give a small exam- I reserve the balance of my time. venting disease, and protecting against ple in my district. I represent south- Mr. BURGESS. Mr. Chairman, I yield health emergencies. So here for the eastern Connecticut. We’re the proud myself 1 minute. first time now we’re going to have a location of the Groton sub base, the This mandatory spending was not in combination of some mandatory and oldest sub base in America, 8,000 sail- H.R. 3200, the House-passed health care some discretionary spending for a pre- ors, a lot of families with kids who are reform bill. Make no mistake, I voted ventative program, a clinic, a center located at the base. And at Fitch High against 3200 just as I voted against 3590. for kids in their schools that actually School in Groton, there’s a school- But, nevertheless, the bill that sub- helps and prevents them from going to based health center, which is the pri- committee Chairman Pallone last Con- a hospital, to an emergency room, to mary caregiver for many military fam- gress brought through did not have be institutionalized. So I just think ilies’ children. Again, these are kids mandatory spending for school-based this is false, this notion of mandatory who move around the country. Often- health centers in his bill. versus discretionary. times their care is disrupted from one Some of us get up today and act as if The bottom line is if you care about place to the other. Having a school- mandatory spending for this program school-based centers and you want to based center ensures that these kids is imperative, that it’s the only way to have them, then I think you should op- are going to have access to health care, that they’re going to have their check- go, that we can’t provide care if we pose this bill because the legislation ups to make sure that they can enter don’t have mandatory spending for that this bill is seeking to kill, the Af- school, that they can enter school ath- building the exam room. But, again, I fordable Care Act, for the first time letic programs. Again, in many in- remind my colleagues on the other side provides funding to put up a lot of that simply an exam room with an stances for these military families, it these school-based centers. And this is is the primary health caregiver. exam table, a thermometer and a what we need as a preventative meas- sphygmomanometer does not provide 1 ure to prevent these kids from having b 1610 ounce of care to a child. It does not more serious problems, going to the Two hundred twenty-seven families— save any money in an emergency room emergency room. Let’s give them pri- I checked this morning with the center visit. It is simply an exam room sitting mary care up front so they can stay in Groton—get their care through the unutilized because the President of the well. center. This program is going to be United States said, I’m going to zero I reserve the balance of my time. used to ensure that Fitch High out the discretionary funding for staff- Mr. BURGESS. I yield myself 1 School’s footprint in terms of the ing these clinics. That’s why this minute. school building will be expanded. It makes no sense. Mr. Chairman, this language was put will be an investment in information I urge, again, support for the under- in the Senate’s health care bill when technology. lying bill. It is important to bring this the Senate was giving out favors, and The Acting CHAIR (Mr. YODER). The back into the authorization process so there really was no rhyme or reason to time of the gentleman has expired. our appropriate committees can have put this program in as a program under Mr. PALLONE. I yield the gentleman the oversight over the expenditure of mandatory funding. an additional 30 seconds. these funds. Congress has traditionally provided Mr. COURTNEY. They will invest in I reserve the balance of my time. funds to health centers, including information technology to, again, Mr. PALLONE. I yield myself such school-based health centers, to provide make sure that this terrific, efficient, time as I may consume. for care, not for construction. To do it cost-effective, high-quality program is, Mr. Chairman, again, Dr. BURGESS the other way around would lead to sit- in fact, going to be there for, again, talks about how we’re spending money uations where a center is built but no families who were serving in Libya, in on construction, renovation, but we care is delivered. Both policy choices the Mediterranean. Their parents were don’t provide mandatory spending for require local funds to be spent, but part of the USS Providence, the Florida, the which were part of the operations. As I said, in order to get only the policy for paying for services, Scranton, the grant under the Affordable Care initial attack in Libya. not construction, guarantees that Again, this is a program which works Act for construction of a school-based money won’t be wasted or, worse yet, health center, you have to show that not only for those kids, for the commu- never used to deliver 1 ounce of care. nity, but also for our Nation; and I you have the money to operate. I reserve the balance of my time. So what does that mean? That means would, again, respectfully rise in oppo- Mr. PALLONE. Mr. Chairman, I yield sition to this measure which, again, I that we are using some Federal dollars 2 minutes to the gentleman from Con- think really heads us in the wrong di- to attract either State or in many necticut (Mr. COURTNEY). rection in terms of high-quality care cases private dollars to set up these Mr. COURTNEY. Mr. Chairman, I for America’s kids. centers. What is wrong with that? They rise again in opposition to this bill. Mr. BURGESS. I yield myself such are guaranteed that once the money is I do so with somewhat of a personal time as I may consume. spent on construction and creating the angle on this. My wife, Audrey, is a pe- And nothing in the bill under consid- jobs that come from the construction diatric nurse practitioner. At one time eration, H.R. 1214, would change any- or renovation that the money is avail- she worked in a school-based health thing about what was just relayed to us able to operate the centers. There’s center. She doesn’t today, presently. about the school-based clinics in the nothing wrong with that. It’s actually But I certainly, through her, have got- gentleman’s district. a good thing. It promotes a Federal- ten a chance to be exposed to the ben- Can I just point out, again, that the State cooperation, and it brings in efit of school-based health centers. discussion that we’re having today re- some private dollars as well. There is no more efficient delivery volves around the use of advance ap- The other thing I would point out is system. It makes sure that kids get propriations in the Patient Protection my colleague from Texas keeps talking good, high-quality care at school, gets and Affordable Care Act, thereby mak- about mandatory appropriations. The them back on their feet, back in class ing that spending mandatory. fact of the matter is that health care where they belong, rather than going Now, just a brief civics lesson. Medi- initiatives over the years, Democrat to emergency rooms and spending care is mandatory spending. We have and Republican, have provided some hours waiting for care or being sent no discretion on that. We must fund mandatory, some discretionary. The home many times in an unsupervised Medicare to the extent of the number same thing we’re doing here. The fact situation out of class. Again, the beau- of dollars that are going to be drawn on of the matter is that Medicare, Med- ty of a school-based health clinic is the Federal Treasury. Same for Med- icaid, and a lot of other Federal health that it obviously is in a setting where icaid. We have other health care pro- programs pay for health care services children are located. Again, the turn- grams that are, in fact, discretionary.

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.086 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2971 Our veterans, who I’m sure the gen- and will keep people out of the work- in this section shall be used for expend- tleman would argue are no less worthy, force. itures for personnel or to provide are funded under a discretionary pro- You know, there are children in each health services. gram. of our States who will, if this bill It could not be clearer. Now, nothing The difference between a mandatory passes, be deprived of having access to in the bill that we have under consider- and a discretionary program is that the quality health care when they need it ation today actually does anything to authorizing committee, in this case the most. School-based health centers pro- the provision of services because, after Committee on Energy and Commerce vide comprehensive and easily acces- all, those are under an authorization. of which I am a member, of which the sible preventive and primary health Section 4101(b), authorization of appro- gentleman from New Jersey is a mem- care services for millions of our stu- priations: for purposes of carrying out ber, the authorizing committee sits dents nationwide. Services that keep this section, there are authorized to be down and decides whether or not the students healthy, in school, and learn- appropriated such sums as may be nec- spending is useful. If it is, we authorize ing almost always these are children essary for each of the fiscal years 2010 the expenditure. We send it over to the who have no other source of care. through 2014. appropriations committee who, if they And the need is clear: 350 centers But the operative words here—‘‘there agree, writes a check for the amount of from 46 States including many in my are authorized to be appropriated’’— money that we have authorized and not Republican colleagues’ districts have not that there are appropriated from the Treasury. It’s okay for us to au- one bit more. already applied for these funds. But the key here is it goes through a They’ve taken the time and the re- thorize that appropriation. Our com- mittee is an authorizing committee. regular order process; and one of the sources to compile their applications. We are not an appropriating com- things, I don’t know about the gen- They are excited. They are expecting mittee. tleman from New Jersey, but what I to hear in just a few weeks if their Mr. Chairman, I understand the dif- heard when I went home is the Federal projects can move forward. To pull the ference between an authorizing com- spending is out of control; you’ve got rug out from under them now is simply mittee and an appropriating com- to get a handle on Federal spending. a disgrace. mittee. I take an annual field trip to Well, here’s a point where we can get a The centers have long garnered bi- the National Institutes of Health. At handle on some Federal spending. It partisan support, worked with many of the National Institutes of Health you should never have been an advance ap- my Republican colleagues on their be- see all these beautiful buildings. They propriation in the Patient Protection half; and, yes, the majority is now are all built, and they’re named after and Affordable Care Act. using this as a political football in very famous men who served in the I don’t know whether that was care- their obsession to repeal the Affordable United States Congress. Every one of lessness or Machiavellian, but it Care Act. This is a true disservice to those men is an appropriator. There is doesn’t matter. It’s got to be fixed. The our children and also to our commu- no building named after an authorizer. American people want us to fix that. nities. Still, the work we do is important— That was one of the reasons they voted No matter what my colleagues on the I submit it is vital—to the American en masse against the Patient Protec- other side of the aisle say, today’s vote people that we do our work to evaluate tion and Affordable Care Act November isn’t about types of funding or process. whether or not the expenditures are in- 2, 2010. That is one of the reasons that We don’t need a civics class about it. deed in the best interest of the Amer- the gentleman is sitting in the Speak- H.R. 1214 is just another attempt by ican people; and, further, if we’re really er’s chair today is the public revulsion them to dismantle the Affordable Care doing our job, we’ll come back and do to how last Congress conducted its Act. oversight over those authorizations to business. I encourage my colleagues to stop make sure those funds are expended in We have a chance now to reclaim a taking health care away from children the manner in which they were in- little of our honor, a little of our integ- to fulfill their political promises. tended. That’s the way you guarantee rity. Let’s bring that funding back into Vote ‘‘no’’ on this misguided bill. that that care gets to the child that the authorization realm in which it be- Mr. BURGESS. I yield myself such will ultimately save money to keep the longed and not simply pass it off to the time as I may consume. child out of the emergency room, not administration. It’s mandatory fund- Mr. Chairman, here is the simple just by sending checks to localities to ing. It has to be done. Whether or not truth. What takes health care away purchase land. the administration is going to fund a from children is sending checks to lo- I reserve the balance of my time. doctor or nurse to work in that clinic, calities for land acquisition when Mr. PALLONE. Mr. Chairman, can I you’ve got an exam bed, you’ve got a you’ve got no intention of staffing the inquire of the time on both sides? thermometer, you’ve got a sphyg- clinic that is going to be built. The Acting CHAIR. The gentleman momanometer, but you don’t have one Let me just remind people what the from New Jersey has 20 minutes re- ounce of care delivered to the people argument is about, and I will stipulate maining. The gentleman from Texas 1 who actually need it. Therefore, you that we are not talking about a vast has 18 ⁄2 minutes remaining. Mr. PALLONE. I yield 2 minutes to are not saving money. You are only sum of money here like we were in the our distinguished ranking member spending money. The American people previous bill. But every instance of ad- emeritus, the gentleman from Michi- have asked us to be wiser stewards vance appropriation in the Patient gan (Mr. DINGELL). with their cash. Protection and Affordable Care Act represents an opportunity for this Con- Mr. DINGELL. I thank my friend. I reserve the balance of my time. I rise today in vigorous opposition to gress to reclaim some of its function as Mr. PALLONE. Mr. Chairman, I yield H.R. 1214. This bill is not only going to the people’s House in being in control 2 minutes to the gentlewoman from cut access to health care for American of Federal spending. California (Mrs. CAPPS) who is probably children, but it’s going to kill jobs in But here’s what the argument is the most knowledgeable person in this the construction industry and con- about. Section 4101(a) of the Patient House on this subject of school-based struction projects around the country. Protection and Affordable Care Act care. More than 1,900 school-based health under subtitle B, increasing access to Mrs. CAPPS. I thank my colleague centers across the country provide ac- for yielding. clinical preventive services, paragraph cess for health care services to over 2 Mr. Chairman, I rise in very strong 5 of 4101(a), appropriations: out of any million people right now. For the first opposition to H.R. 1214. As a school funds in the Treasury, not otherwise time, the Affordable Care Act author- nurse who worked in our schools for appropriated, there is appropriated for ized these centers and also offered a very many years, it’s been 100 days now each of the fiscal years 2010 through dedicated source of funding for con- of Republican rule, and we have not 2013 $50 million for the purpose of car- struction, renovation, and equipment. seen a jobs bill yet. Unlike previous ef- rying out this subsection. Funds appro- forts that just ignore job creation all priated under this paragraph shall re- b 1620 together, today’s debate is on a bill main available until expended. No Three hundred fifty applicants, many that will flat out hurt our economy funds provided under a grant awarded of whom are currently running centers

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.093 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2972 CONGRESSIONAL RECORD — HOUSE May 3, 2011 at this time, in 46 States and the Dis- billion that’s going to be taken out of senteeism, and reduce health care ex- trict of Columbia have applied for the Medicare and then put on both Medi- penditures. With a report card like first round of competitive grants, in- care extension and then on subsidy of that, why wouldn’t we want to build or cluding the Young Adults Health Cen- the private health plans. Even if we renovate more of these centers? ter located in my 15th District of ever saved that $500 billion, this whole We should not end the school-based Michigan. These grants will be used to law has questionable financing. And center construction and renovation enhance the capabilities of these cen- then today we’re talking about con- program before it even has a chance to ters and will jump-start shovel-ready struction money that may or may not make its mark. I urge a ‘‘no’’ vote on projects that will create immediate exist. H.R. 1214. construction jobs and allow for the So, Mr. Chair, I just have to say, as Mr. BURGESS. Mr. Chairman, I purchase of necessary supplies and a physician with 30 years of practice, I would just point out to the gentleman equipment, boosting local businesses, was here during the health care debate how shortsighted and misguided that but providing health care for our kids. of 2009 where this body has come up is, that this language was put in by the Until more operating funds are avail- with and the President has signed into Senate when they were giving out fa- able—and I would hope my colleagues law something that is really a disgrace. vors. Sending checks to localities with- on the other side will support such The American people are not behind it. out guaranteeing the actual coverage, funding—we need to ensure that at PPACA is, in some surveys, opposed by without guaranteeing the actual doctor least the facilities that are ready to the American public two to one. It is a or nurse be there, does not do anything apply for this kind of grant will be able complete government takeover of our as far as furthering care. to do so in order to better serve our health care system. I would now yield 2 minutes to the children and the communities. Just the other day, I got questioned gentlelady from North Carolina (Ms. I think that this would be an ex- from my constituents, physicians, who FOXX). tremely unwise bill. It’s a part of an asked me: What about this IPAB? What Ms. FOXX. I thank my colleague announced plan by my Republican col- is that? What is this board? And I had from Texas for yielding time. leagues to first of all attack the whole to explain to them that now when you Mr. Chair, the American people know of the health care reform bill over the are not sure how much you are going to that we are borrowing 43 cents for last Congress and then to attack it be reimbursed for the health care that every dollar we spend these days. We piece by piece. What they seek to do you provide, you can at least go to do not need to be giving grants of dol- here today is just a part of another Congress and petition Congress. lars that we have collected from hard- step towards the gutting of the health The Acting CHAIR. The time of the working taxpayers to local entities to care bill which will make things better gentleman has expired. build or renovate school-based health for our people and which is paid for, Mr. BURGESS. I yield the gentleman centers. This is not a core function of which is not going to add to the deficit an additional 30 seconds. the Federal Government. It is not a but which, in fact, is going to save bet- Mr. FLEMING. But under core function of our taxpayers. We do ter than $140 billion this 10 years and in ObamaCare, we now have IPAB, which not need to be spending this money the next 10 years $1.4 trillion. is a special board of unelected, unac- like the minority wanted to spend it This is penny wise and pound foolish. countable, unnamed bureaucrats that when they were in the majority. Reject the bill. serve at the pleasure of the President It is also very duplicative, Mr. Chair. Mr. BURGESS. Mr. Chairman, let me who will then decide these things, cre- Between the stimulus bill and what we respond to something that was just ating a nonmarket responsive health affectionately call ObamaCare, $3 bil- said by the chairman emeritus of the care body out there that will then— lion in funds have been made available Democratic side of the Committee on we’ll see much worse shortages than to Health Resources and Services Ad- Energy and Commerce. Of course I what we have today. ministration at the Department of have all respect for the chairman emer- I stand in support of Congressman HHS for facility improvements at com- itus and certainly treasure every day BURGESS and his bill and certainly, ul- munity health centers. Providing an that I served under his direction as timately, the repeal of ObamaCare. additional $50 million a year for con- chairman in two Congresses. Mr. PALLONE. I yield 2 minutes to struction is duplicative and unwar- But the statement that I cannot let the gentleman from California (Mr. ranted. stand is that the Patient Protection WAXMAN), the distinguished ranking This bill deserves the support of and Affordable Care Act saves anyone member of the full committee. every Member here. We are soon going in any universe, in any dimension, any Mr. WAXMAN. Thank you very much to have to have a vote to raise our debt money at all. This was refuted by the for yielding to me. limit. People say over and over again chief actuary for the Centers for Medi- I rise in strong opposition to H.R. on both sides of the aisle, We have to care & Medicaid Services less than a 1214, and I urge my colleagues to join cut spending. We have to cut spending. month after the President signed the me in voting against this very short- What better place to start than in Patient Protection and Affordable Care sighted and misguided piece of legisla- these funds that are going out for a Act. I do not know why we have to con- tion. This bill, of course, is part of a function that is not appropriate for the tinue to hear this fairy tale about $142 broader Republican strategy to tear Federal Government to be involved in billion being saved under PPACA. down the new health reform law piece so that we don’t have to continue to At this point, I would like to yield 2 by piece. I will also note that they borrow 43 cents for every dollar that minutes to the gentleman from Lou- want to tear down the existing health we spend. So I think we should cut out isiana, Dr. FLEMING. care laws of Medicare and Medicaid in duplicative programs. Mr. FLEMING. I thank the gen- their budget. This bill definitely needs to pass, and tleman. Well, I think that’s all very dis- I give it my full support. I appreciate Dr. BURGESS allowing me turbing. But what’s especially trouble- to speak on this specific bill, but let’s some is that our colleagues on the b 1630 just talk about the elephant that’s in other side of the aisle are now going Mr. PALLONE. I yield 2 minutes to the room here this afternoon, and that after programs where we all agree, the gentlewoman from the Virgin Is- is the so-called Affordability Act, the Democrats and Republicans agree, that lands (Mrs. CHRISTENSEN). so-called Patients Affordability Act, actually work, that actually do a good Mrs. CHRISTENSEN. Mr. Chairman, PPACA. We call it ObamaCare affec- job and make a difference. here we go again, this time attacking a tionately. Numerous studies have shown that provision in the Affordable Care Act Folks, we’ve got a bill here which is school-based health centers are enor- that would help to reach children and now law that is, at best, questionably mously successful in helping to im- especially teens who otherwise might constitutional. We have a bill that is prove students’ access to care, promote not have access to important health going to add another trillion dollars, healthy behaviors among children and care services. ultimately, to our deficit. It’s full of adolescents, improve students’ aca- And so, Mr. Chairman, today I join smoke and mirrors. We have got $500 demic performance, decrease school ab- my Democratic colleagues to speak on

VerDate Mar 15 2010 03:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.096 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2973 behalf of our children and against H.R. in Tarrant County, Texas, is John have gone to a doctor. She would have 1214. Our future depends on the devel- Peter Smith. There are a number—I put it aside. That’s what adolescents opment of healthy, well-educated chil- don’t know the exact number, but I be- do. That’s what we did when were ado- dren. Unfortunately, often our children lieve in the neighborhood of a dozen lescents. miss school, or sit in class too dis- school-based health clinics in his dis- They go in for the flu. While they’re tracted to pay attention because of trict, in my district, Congresswoman in for the flu, they get checked for sex- preventable and treatable health condi- GRANGER’s district, Congressman ually transmitted infections. They of- tions that, if caught early and treated MARCHANT’s district. We support those tentimes get their physicals. There are as these school-based health centers health clinics. But we believe that the hundreds of students, well, actually would do, would enable them to better State and county should provide the fa- around the country there are hundreds learn and to reach higher levels of cility, and the Federal Government of thousands who don’t have the oppor- achievement. should provide the funds to staff it. We tunity to play athletics because they I’ve heard a lot of talk about pro- don’t believe, when we have a $1.5 tril- have to have a physical fitness exam, tecting our children from future debt, lion budget deficit each year, that we and it’s 75 bucks normally to go to a something all of us are working to pre- need to be spending another $50 million doctor to have a physical exam. They vent. But if we really care about our or $200 million over 4 years to actually don’t get it. But they can afford to go children, why are we now considering provide the facility, to provide con- to a school-based health clinic where this legislation that will harm them, struction. So it’s not an opposition to they get the exam free and then they not in the future, but today? the health clinic itself, school-based. can fully participate. Eliminating funding for school-based I’ve gone to openings; I support them. A lot of children tell the doctors and health centers would not just prevent a I think they do excellent work. nurses in these school clinics things building from being built, but would But until we get our budget balanced, that they couldn’t tell their parents. eliminate the creation of the only med- Mr. Chairman, I think it’s prudent to We’re saving lives with this. We’re sav- ical home that many underserved stu- not require the Federal Government to ing money. We’re preventing diseases dents know and which creates access to not only fund the operation and the from spreading. We’re doing the right needed mental, physical and dental staffing, but also fund the construction thing by the American people, particu- care, centers that provide services that and the facility itself. So this is a case larly adolescents. They need accessible many students cannot or would not ac- where we’re specifically repealing a and affordable health care. This pro- cess anywhere else. And these services specific appropriation, in this case $50 vides it. Let’s defeat this amendment. provide a support to the teachers so million a year for the years 2010 Mr. BURGESS. Mr. Chairman, I yield that they can focus on teaching these through 2013, the fiscal years. And I 1 minute to the gentleman from Geor- students. think that is something that, with a gia (Mr. GRAVES). Taking away this funding for school- $1.5 trillion budget deficit, is a prudent Mr. GRAVES of Georgia. Mr. Chair- based health centers, as H.R. 1214 thing to do. man, I guess I’d start off by saying would do, would be a step in the wrong So I rise in strong support of the bill only in Washington can spending direction, not just for the health and and, at the appropriate time, would money lead to saving money. That’s well-being of our children, but for our urge a ‘‘yes’’ vote. what we just heard. But that’s not the country’s ability to win the future. Mr. PALLONE. Mr. Chairman, I yield case. Before I close, I want to just say that 2 minutes to the gentleman from Vir- I think about what the impact that we did not pass any bill that is ginia (Mr. MORAN). ObamaCare is having on the State of unaffectionately known as ObamaCare. Mr. MORAN. Mr. Chairman, as my Georgia. This year alone hundreds of The Affordable Care Act is about your, friends from Texas well know, the po- millions of dollars it’s cost the tax- the American people’s, care; and this tential recipients of this money have payers of Georgia, projected to be over provision is about our children’s care. already shown that they have the oper- $1 billion here in subsequent years. I urge my colleagues to vote for our ations and maintenance money avail- While I support full repeal of the pro- children and vote ‘‘no’’ on H.R. 1214. able, but they can’t establish a school- gram, I’ve already demonstrated that Mr. BURGESS. Mr. Chairman, I yield based health clinic without this fund- through my votes, this is specifically 3 minutes to the chairman emeritus of ing. getting rid of a slush fund that’s in the full Committee of Energy and Com- The other thing that I’m sure they place eliminating funding for the con- merce, the gentleman from Texas (Mr. are well aware of, is that the need is struction of facilities in local commu- BARTON). many times more than the money that nities. (Mr. BARTON of Texas asked and is being made available. I’m sure this is a laudable program in was given permission to revise and ex- 25 years ago, when I set up a school- many areas, and there’s probably a lot tend his remarks.) based health clinic across the river in of laudable programs that folks want Mr. BARTON of Texas. Mr. Chair- Alexandria, Virginia, people said that to fund. But the fact is we just can’t do man, I want to read the section of the it’s not needed and we can’t afford it. it. We don’t have the resources to do it law that we’re trying to repeal today. But we now have 25 years’ experience anymore. It says, subparagraph 5: Appropria- throughout the country, and we’ve Number one, we need to find out tions. Out of any funds in the Treasury found just the opposite. It’s absolutely what is the true role and function of not otherwise appropriated, there is to needed, and we can’t afford not to have this Federal Government. I do not be- be appropriated for each fiscal year school-based health clinics. lieve this is it. We should allow the 2010 through 2013, $50 million for the Adolescents have to have accessible, States and empower the States who are purpose of carrying out this sub- affordable health care. Otherwise, they best equipped to handle the needs of section. Funds appropriated under this don’t go to hospitals or doctors until the local community. paragraph shall remain available until it’s too late. In fact, we have more So I certainly support this measure expended. than 1,000 students who use our Alexan- and urge my colleagues to vote ‘‘yes’’ And then in this subsection: Defini- dria school-based clinic. And we’re told on H.R. 1214, and let’s move on to re- tions. ‘‘School-based health center’’ by the nurses, 80 to 90 percent of them pealing the full measure of ObamaCare. and ‘‘sponsoring facility’’ have the would have to be going to the emer- Mr. PALLONE. Mr. Chairman, I yield meanings given those terms under such gency room if that clinic were not 2 minutes to the gentleman from New and such and such and such. available, at far greater cost. York (Mr. ENGEL). We’re trying to repeal $50 million a This saves money, but it also saves Mr. ENGEL. I thank my friend for year for 4 fiscal years, 2010, ’11, ’12 and lives. Like the young woman who con- yielding to me. ’13, for these school-based health clin- vinced her friend whose leg kept both- You know, give me a break. I hear ics. I support school-based health clin- ering her to have the leg checked, since speaker after speaker on the Repub- ics. Dr. BURGESS supports school-based the clinic was so close. Turned out she lican side saying we don’t have the re- health clinics. We both represent parts had bone cancer. It would have gotten sources to do these things. It seems of Tarrant County. The public hospital through her whole body. She wouldn’t that we always have the resources to

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.099 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2974 CONGRESSIONAL RECORD — HOUSE May 3, 2011 give tax breaks for the rich. We don’t a $1.6 trillion deficit. That’s right. The I yield 2 minutes to the gentleman worry so much about the budget deficit Obama administration has now put us from California (Mr. MILLER). when it comes to protecting our rich in our third year of a deficit of $1.6 tril- Mr. GEORGE MILLER of California. friends. lion. For every dollar we spend, 40 Mr. Chairman, I rise in opposition to The Republicans, 2 weeks ago, spent cents is borrowed. H.R. 1214 and its impact on our Na- time passing bills putting Medicare At what point will that mean any- tion’s schoolchildren. and Medicaid in jeopardy, and now thing to our Democrat colleagues? I School-based health centers have en- they would deny these community don’t understand it. At what point will joyed wide bipartisan support because health centers. it mean anything to the administra- they ensure students are healthy. Healthy students are ready to learn, b 1640 tion? Do you really believe you can defy gravity over and over again and and in these centers, children can get The majority doesn’t bring bills to expect that it’s not going to come back health services when they need them. help create jobs in this country. So, to haunt you? I don’t understand it. Children can’t learn when they’re once again, here we are—God knows I’m baffled by this. chronically sick, when they have a how many times—with a bill that’s So, number one, we’ve got to impact toothache, when they suffer from other trying to kill the Affordable Health the deficit as we’ve got to consider fu- dental diseases or when they suffer Care Act. Again, it’s political theater. ture generations. from chronic health problems. For too It’s not going to pass the Senate. The Number two is duplication. The stim- many children, a school-based health President would veto it. Let’s put our ulus bill and ObamaCare had $3 billion center may be the only opportunity to heads together and do something con- that went to the Health Resources and receive needed care. This is particu- structive instead of saying ‘‘no’’ to Services Administration at the Depart- larly the case with oral health. Tooth health care. ment of Health and Human Services for decay is the most common disease The value of school-based health cen- improvements in community health among schoolchildren, and 80 percent ters is well-known. There are 1,900 in centers that many of the school-based of the time this disease occurs in chil- the country. They provide access to health care clinics are eligible for. This dren who have problems accessing care. high-quality, comprehensive medical is strictly a duplication of $50 million That’s why school-based health pro- care to nearly 2 million children and on top of $3 billion. grams are so important, and that’s why adolescents. Services are provided re- Number three, as an appropriator, I the American Dental Association is a gardless of a student’s ability to pay, believe we have to be very careful strong supporter of this program. and are provided right where they are about advanced appropriations. This States also believe that these centers at school. In my district, these are goes to the year 2014. If it is so good, as are critically needed. Indiana’s Repub- very important. Even the high school we have heard—and certainly there is a lican Superintendent of Public Instruc- from which I graduated has a wonder- level at which you can argue the effec- tion recently testified before the Edu- ful center. It’s the kind of program tiveness of this—why not let them get cation and the Workforce Committee that we should be promoting and repli- in line as soldiers have to? as educators that districts are prioritizing school- cating; but instead, we are considering have to? as hospitals have to? as re- based health centers because ‘‘they a bill that would repeal the funding for searchers have to? As everybody else have made a difference in the lives of the construction of these centers. who gets Federal Government money, those children.’’ Schools in Indiana are The agency monitoring it is con- let them get in line each and every not alone in realizing the need and cerned about the sustainability of the year, and let them justify their budg- value of school-based health centers. In my district, West Contra Costa health center. The Health Resources ets. Then Congress, in weighing it out, Unified has two operational school- and Services Administration, or HRSA, will say, Okay. Let’s fund it again this is thinking of the sustained success of based health centers and four in devel- year. opment. The legislation before us these programs, and it will only sup- But what the Democrats are asking today could essentially halt the devel- port those school-based health centers us to do is to obligate future Con- opment of these health centers by re- that are going to have long-term suc- gresses on money to the year 2014 and cess. pealing the critical construction and to put it on automatic pilot. That’s not renovation funding made available by So, Mr. Chairman, let’s be honest. fair. That’s not right. In these budg- Today’s debate is not on the sustain- the Affordable Health Care Act. This etary times—again, when we are bor- funding is critically important to these ability of these centers or on manda- rowing 40 cents for every dollar we tory spending. Today’s theatrics are schools so that they can provide these spend—we do not need to be advance centers. The Federal Government simply one more attempt by the Re- appropriating anything or any entity. shouldn’t randomly yank the support publicans to undermine the Affordable The Acting CHAIR. The time of the for school-based health centers. It Health Care Act. We are wasting time gentleman has expired. should be letting the school districts in doing this again and again, and we Mr. BURGESS. I yield the gentleman make the decisions based upon their should stop. The Affordable Health an additional 30 seconds. identified needs. Care Act makes health care affordable Mr. KINGSTON. The point is, if it’s a This bill is nothing more than a con- for the middle class, and it helps pre- good program, then certainly they can tinuation of the attack against the vent the steady rise in health costs justify their budgets each and every beneficiaries of the Affordable Health that has led to much of our budgetary year just like the soldiers have to and Care Act. Whether the beneficiaries are woes over the years. just like everybody else has to. For senior citizens or whether they’re I am for quality health care. We those three reasons, I strongly support young children, we ought not to sup- should vote ‘‘no’’ on H.R. 1214. H.R. 1214. port this legislation. Mr. BURGESS. I would agree that it Mr. PALLONE. Mr. Chairman, I yield Mr. BURGESS. Mr. Chairman, may I is going to be an uphill battle in the myself 30 seconds. inquire as to the amount of time that Senate, but I believe we can be success- I have listened to my colleague from is left? ful. I would just point out to the gen- Georgia (Mr. KINGSTON), and I can’t be- The Acting CHAIR. The gentleman tleman that the President has not lieve he is blaming the deficit on Presi- from Texas has 61⁄2 minutes remaining. issued a veto threat against this legis- dent Obama. We had 8 years and two The gentleman from New Jersey has 8 lation. wars under Bush, all of the giveaways minutes remaining. At this point, I yield 2 minutes to the to millionaires and the special inter- Mr. BURGESS. I yield 30 seconds to gentleman from Georgia (Mr. KING- ests, and now, all of a sudden, it’s the gentleman from Georgia (Mr. KING- STON). Obama who is responsible for the def- STON). Mr. KINGSTON. I thank the gen- icit. We are talking about $50 million a Mr. KINGSTON. I thank the gen- tleman, and wanted to speak in support year for probably some of the best tleman for yielding. of H.R. 1214 for three reasons. schools you could ever imagine with I want to respond to my friend from Number one, we have got to remem- these school-based clinics, and the gen- New Jersey. This is very important. If ber that we are now in our third year of tleman is talking about the deficit. we added up the Bush deficits in those

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.101 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2975 years, certainly the Bush administra- and cuts to the farm program. We can Mr. BURGESS. I yield myself 30 sec- tion overspent. There is absolutely no and should do more to get our spending onds. question about it that the Republican under control. Our committee, the Again, let me remind people what we Party overspent. Yet not to be out- Committee on Energy and Commerce, are talking about today. We are talk- done, in 1 year, the Obama administra- has an obligation to be front and cen- ing about taking away advance appro- tion ran up the deficit numbers higher ter in that fight. priations in the Patient Protection and than the Bush folks did in 8 years. It’s I reserve the balance of my time. Affordable Care Act for construction outrageous. The year that the Demo- Mr. PALLONE. Mr. Chairman, I yield purposes—not for running the darned crats won the majority, the Bush def- myself 30 seconds. clinic but for construction purposes. icit was $160 billion. I agree that it was From the very beginning today, Dr. An eligible entity shall use funds pro- way too high. But what did they do? BURGESS, I have said, and many of us vided under a grant ordered under this $1.6 trillion. That’s a lot of money, and have said, the Affordable Care Act subsection only for expenditures for fa- that’s all the more reason that we need saves money and that school-based cen- cilities. No funds provided under a to eliminate duplicative spending, ters save money. The CBO estimates grant ordered in this section shall be which is what this is. over $1 trillion in savings from the Af- used for expenditures for personnel or Support H.R. 1214. fordable Care Act; $30.40 less than Med- to provide for health services. Mr. PALLONE. Mr. Chairman, I yield icaid costs for a kid that goes to a I yield 1 minute to the gentleman 2 minutes to the gentlewoman from school-based clinic. By repealing this from Indiana, Dr. BUCSHON. California (Mrs. DAVIS). funding for school-based clinics, you Mr. BUCSHON. Mr. Chairman, I rise Mrs. DAVIS of California. Mr. Chair- are going to cost the Federal Govern- today in support of H.R. 1214. man, this bill will not create one job or ment more money. This is just another section of the help one American family cope with So don’t talk to us about the deficit. ObamaCare bill, which, of course, I pro- high gas or grocery prices, but I’ll tell We save money with our legislation, posed and promoted the repeal of the you what it will do. It will make it and you are spending more money by entire bill. This is another slush fund of manda- more difficult for over 1 million chil- proposing this bill. tory spending in the bill, $200 million, dren to see a doctor or a nurse. I yield 2 minutes now to my col- with no congressional oversight over In December, Central Elementary league from New Jersey (Mr. AN- the next 4 years; where the Secretary School in San Diego opened a school- DREWS). of Health and Human Services can based clinic to give access to 860 chil- (Mr. ANDREWS asked and was given grant construction and renovation for dren; 25 percent of those children are permission to revise and extend his re- school-based health centers, again, at uninsured. Now Central students will marks.) their own discretion. get care when they need it, and they Mr. ANDREWS. I thank my friend for yielding. Again, as was just stated, none of won’t have to miss school for an ap- this money can go to actually pro- pointment. There are nearly 15 million unem- ployed people in America, and I think viding health care. ‘‘This clinic is a dream come true,’’ It is deceptive to say that this sec- said Central’s principal, Cindy Marten. most of them and those who are em- ployed would tell us that what they tion of the ObamaCare bill is to pro- Any principal knows that mote health for our students and oth- unaddressed health or mental health want the Congress to be doing is find- ing ways to work together so that busi- ers at schools. This is another indica- problems are enormous obstacles to tion of uncontrolled Federal Govern- student learning and student attend- nesses and entrepreneurs can create jobs for the American people. ment spending with no congressional ance. Many children have ongoing oversight, and I speak today on behalf health problems, such as diabetes, Here we are again arguing about the health care bill or another piece of it. of the bill to rescind that. causing chronic absenteeism, and they The Acting CHAIR. The gentleman And this legislation has behind it the are health problems that you can treat from New Jersey has 4 minutes remain- novel idea that if children get immuni- right at a school clinic; and every child ing. The gentleman from Texas has 31⁄2 zations and well visits and get to see a will need care for colds, the flu, strep minutes remaining. throat, ear infections, and other ill- nurse or a doctor when they are not Mr. PALLONE. Mr. Chairman, I have nesses that can spread through an en- feeling well, that somehow is not a no further requests for time, and I re- tire classroom. My colleagues clearly wise use of the public’s money. serve the balance of my time. didn’t consult too many school prin- Now, let’s put aside for the moment Mr. BURGESS. I yield myself 30 sec- cipals while writing this misguided the idea of whether it is right or wrong onds. bill. to deny health care coverage for chil- Mr. Chairman, we just heard a mo- Please vote against taking health dren in school—I think it is very ment ago from the gentleman from clinics away from kids. wrong—and let’s look at the balance New Jersey perpetuation of the fantasy sheet. Which is more expensive: a child b 1650 that the Patient Protection and Af- who is hospitalized with pneumonia or fordable Care Act is going to save any- Mr. BURGESS. Mr. Chairman, I yield 25 or 30 children who get a checkup? one in this universe or a parallel uni- myself 1 minute. Which is more expensive: the outbreak verse or a parallel dimension any The Federal deficit is now the biggest of a flu that affects the entire school or money. concern of business economists and, in- the entire town or the early diagnosis Make no mistake: This law costs vast deed, the American people at large. Job and treatment with antibiotics of a kid sums of money. When the subsidies and creators are sitting on the sidelines with the flu? the exchanges hit, the tap on the Fed- while Washington continues to spend Common sense says that primary eral Treasury is going to be unlike more money that it doesn’t have. care for children saves money for ev- anything this country has ever seen. Despite the sobering facts, my col- eryone. Common sense says that chil- Congressional Budget Office talk leagues on the other side of the dais in dren without insurance can most easily about saving money was pure fantasy. the Energy and Commerce Committee be reached in the school where, hope- The chief actuary for the Centers for have not proposed a single cut, not one fully, they already are. Voluntary par- Medicare & Medicaid Services exposed single spending cut under our commit- ticipation by children in a school with that fantasy for what it was less than tee’s jurisdiction. their parents’ consent makes perfect 1 month after Congress voted on this Now, sure I can be criticized today sense. bill. We voted on this law without ac- for only trying to save, what, $200 mil- This legislation makes no sense to tually having correct information be- lion? I don’t know about New Jersey, consider it now; it makes even less cause I believe the Secretary withheld but in my district back in Texas, $200 sense to pass it. I would urge a ‘‘no’’ the information from us. million is still real money. vote on this legislation and urge the I reserve the balance of my time. When challenged at last week’s sub- House to get back to the business of Mr. PALLONE. I will yield myself 2 committee markup, all Mr. WAXMAN working together to help entrepreneurs of the 4 minutes and go back and forth could come up with were tax increases create jobs for the American people. with Dr. BURGESS here.

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.104 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2976 CONGRESSIONAL RECORD — HOUSE May 3, 2011 The fact of the matter is that the Then they went on to say that maybe vember of 2009. This language was put Congress uses the CBO as the official we shouldn’t pay for construction; we in by the United States Senate. And statement, if you will, of our budget should only pay for operations. Well, why was it put in by the United States and the cost of legislation. That is the fact of the matter is that when you Senate? Because they were playing what we have all agreed on a bipartisan submit an application for construction ‘‘Let’s Make a Deal.’’ They had to get basis we are going to use. I don’t al- or renovation of the clinic, under this to 60 votes. They didn’t know how to ways agree with CBO. You have heard law you have to show that you have get there. They got there by buying me many times say that they don’t the money to operate, and it is pretty votes, and this small provision, some- score prevention enough. The fact of clear that if you don’t have the build- one must have sold out pretty cheaply, the matter is that is what we are going ing, you are not going to be able to op- this small provision was one of the pro- to use. We have all agreed. And the erate. visions that allowed them to do that. CBO says that the Affordable Care Act So, again, I don’t understand what Again, I would remind my colleagues saves over $1 trillion over the life of they are trying to accomplish here. We that you cannot use the money that is the bill. all know that these centers make provided in 4101(a), you cannot use that Everyone knows, and I know that Dr. sense. They bring kids who would oth- money to have a doctor or a nurse in BURGESS, even himself, believes in pre- erwise not see a doctor to have that op- the clinic. In fact, you are expressly ventative care. That is what these portunity. prohibited from that. I suspect that is school-based health clinics are all I thought my colleague from Virginia why the President has not issued a veto about. They work. They get kids into (Mr. MORAN) really brought home the threat on this particular piece of legis- the clinic or the center, they get pri- point when he said that a lot of kids lation, because he himself included no mary care. They prevent having to go don’t even participate in athletics un- money on the discretionary side that is to an emergency room, to a hospital, or less they have a school-based clinic be- actually going to provide the services any other kind of institutionalization. cause they have to be certified that of a doctor or a nurse. This is what we are trying to do with they are healthy in order to participate Look, we’ve got one small chance to the Affordable Care Act. We are trying in athletics in the school. Well, doesn’t reclaim some small part of our sanity to save money by guaranteeing people that make sense, because then they in the United States House of Rep- get to see a doctor when they need one don’t sit around and become obese. resentatives, in the people’s House. The so they don’t get sick. It is all about They actually exercise. They partici- forward funding, the advance funding, wellness. That is what it is about. And pate in team sports. They get to the the direct appropriations that were wellness saves money. The Federal whole collegiality of being involved in contained within the Patient Protec- Government doesn’t have to spend the a team sport and the exercise and the tion and Affordable Care Act were an money when the person goes to the health benefits of that. anathema to everything that people in This is a win-win situation. I wish emergency room and doesn’t have any this country understand about what is you had picked something else today to insurance coverage. It is that simple. the role of their Federal Government. bring to this floor to repeal, because I have had this argument many times After all, they willingly give up a little this is the worst thing you could have with Dr. BURGESS. I think that, for the bit of their rights in order to have brought to the floor. No one, including most part, he agrees with me, and he their lives run more orderly. But they yourself, argues that these school- has even said today that he thinks the don’t ask us to run roughshod over based centers are not valuable, so stop school-based centers are a good thing. Federal spending and then claim a trying to cut them. Stop trying to So I really don’t understand the basis greater and greater share of their lives. come up with some fantasy about how of this legislation that is being pro- Yes, it is unfortunate that we have you are going to fund some part of it posed this evening, and I certainly had to spend all day here debating this and not fund the other part of it. It is would urge my colleagues to vote bill. I don’t dispute that fact. We a good thing. It is probably one of the against it. should never have been here in the first best things we have in this legislation, I reserve the balance of my time. place. The advance funding should the Affordable Care Act. I think it is Mr. BURGESS. Mr. Chairman, I re- never have been included in the Pa- not rational and makes no common serve the balance of my time. tient Protection and Affordable Care Mr. PALLONE. Mr. Chairman, how sense to pick this out as something to Act. And why was it? Because the much time is left? spend two or three hours on to say that Democrats knew last year they never The Acting CHAIR. The gentleman this is something we shouldn’t do. We intended to do a single appropriations from New Jersey has 21⁄2 minutes. The should do it. Oppose this legislation. bill, so the only way to get this dog up gentleman from Texas has 3 minutes. Mr. BURGESS. I yield myself the Mr. PALLONE. I yield myself the re- balance of my time. and running after its passage last year mainder of my time. Mr. Chairman, I’ll tell you what’s not was to push the appropriations out the Mr. Chairman, I have said over and rational. It’s not rational to spend this door in the language of the bill. That’s over again, I don’t understand what the money and say you’re prohibited from what we’ve got to correct right now. Republicans are up to today. They keep providing care. Let’s be honest. The That’s what these arguments are all saying that they want to repeal the Af- money for construction is duplicative. about. fordable Care Act, the health care re- It was offered up in the stimulus bill Yes, it’s going to be tough sledding in form. They keep bringing bills to the previously. So we’re duplicating a pre- the Senate. Yes, we don’t have an ally floor on a regular basis that would ei- vious Federal expenditure in forward down at the White House. But the ther in a piecemeal or in a large fash- funding, advance funding the Patient American people expect us to do this ion repeal the Affordable Care Act. But Protection and Affordable Care Act. work and they want to see us do that the arguments make less and less sense That’s what doesn’t make sense. work. I urge an ‘‘aye’’ vote on the un- every day as they start to take the A previous speaker on the Demo- derlying bill. pieces of the legislation that they even cratic side called me mindless. That is Mr. STARK. Mr. Chair, I rise in strong oppo- agree with themselves. mindless. It was mindless to pass this sition to H.R. 1214, yet another time-wasting Today, we have been here for many bill over the objections of the Amer- attempt to defund part of health care reform. hours. My colleague from Texas and ican people, to never listen to the This bill would deny funding enacted as part of others said that they support school- voices of the people that were literally health reform for the construction of school- based clinics. They even went so far to ringed around this Capitol a year ago based health centers. It would effectively deny say they wouldn’t even have a problem who said kill this bill. Well, now we our most vulnerable kids their best option for with the Federal Government paying have a chance to bring back a little bit getting critical health, mental health, and den- for it. of that spending, to bring it back into tal services. While claiming to save money, its the arena in which it belongs, which is effect would be the opposite. Eliminating pre- b 1700 the United States House of Representa- ventive services and options for primary care Support the Federal dollar. Support tives, the people’s House. only means that when kids do get sick, they the concept. Agree that it is a prevent- The mandatory spending was not in will need Medicaid benefits to pay for far more ative measure. the bill that passed this House in No- expensive services that could have been

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.108 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2977 avoided through early intervention at a school- get care in any other place because their fami- The reason these school-based health cen- based health clinic. lies can’t afford insurance or can’t afford doc- ters are so important to working families is be- School-based health centers (SBHCs) are tor’s fees. cause they support families. They allow par- considered one of the most effective strategies Just this past Friday, she saw a 16-year-old ents to stay at work while attending to their for delivering high quality, comprehensive, and boy who didn’t have any insurance because child’s routine health care needs and they culturally-competent primary and preventive his parents’ employer doesn’t offer a plan, save money for our economy as a whole by health care to adolescents—a population that they can’t afford private premiums but earn keeping children out of hospitals and emer- can be difficult to reach. They remove the bar- too much for CHIP or Medicaid. He was des- gency rooms. riers that most commonly keep young people perately ill, with a high fever and nausea. Me- Once again, the Republicans are claiming away from health services. They are located lissa was able to diagnose and treat his strep they support helping our working families and where students spend most of their waking throat on the spot. He asked her, ‘‘How much yet again we are cutting another service that hours—at school—making them much more do I owe you?’’ Melissa responded ‘‘Nothing.’’ helps keep parents at work and children accessible than doctor’s offices or a clinic. The young man burst into tears because he healthy. They provide services regardless of a child’s had been so worried that his family wouldn’t I strongly oppose this legislation. ability to pay, eliminating discrimination be able to pay her. Mr. BURGESS. I yield back the bal- caused by wealth or the lack thereof. SBHCs Another boy couldn’t afford to go to an ance of my time. reduce absenteeism, tardiness, dropouts, and emergency room, but Melissa was able to The Acting CHAIR. All time for gen- discipline referrals by helping youth remain in treat a foot infection that could have resulted eral debate has expired. school and engaged in learning. in an amputation. Mr. BURGESS. Mr. Chairman, I move SBHCs are also vital mental health pro- I could give you example after example be- that the Committee do now rise. viders for children and adolescents. Today, cause the team at the Fitzgerald school does The motion was agreed to. May 3rd, is National Children’s Mental Health it all. She makes sure that students have the Accordingly, the Committee rose; Awareness Day. I cannot think of a more de- vaccinations they need to stay healthy—300 and the Speaker pro tempore (Mr. visits this year—and provides the physicals structive way to mark this day than by passing CHAFFETZ) having assumed the chair, 200 children will need to play sports. They a bill that eliminates access to mental health Mr. YODER, Acting Chair of the Com- services that children desperately need. Bul- provide counseling for teens coping with their mittee of the Whole House on the state lying, violence, depression and stress are parents’ unemployment and groups for those of the Union, reported that that Com- rampant in our school classrooms and play- dealing with alcoholism and family violence. mittee, having had under consideration The bottom line is that these clinics work grounds. SBHC staff are on the scene with the the bill (H.R. 1214) to repeal mandatory and we need more of them. time and resources to address these chal- I urge Members to vote no on these irre- funding for school-based health center lenges. More importantly, evidence shows that sponsible cuts. construction, had come to no resolu- young people are willing to go to a SBHC for Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- tion thereon. counseling, while the stigma of mental health sition to this legislation that would eliminate f issues is often enough to keep them from funding for school-based health centers. GENERAL LEAVE seeking help from other providers. Research School-based health centers provide much- shows that students who report depression needed health care services to vulnerable chil- Mr. BURGESS. Mr. Speaker, I ask and past suicide attempts demonstrate greater dren and adolescents, including primary care, unanimous consent that all Members willingness to seek counseling in a SBHC. mental health, dental, vision, and nutrition have 5 legislative days to revise and ex- Students with perceived weight problems re- services. They not only help improve chil- tend their remarks on H.R. 1214 and to port more willingness to use a school clinic for dren’s health, but also help improve the aca- insert extraneous material into the nutrition information. Sexually active students demic performance of students. School-based RECORD. are more willing to seek information on preg- health centers are a win-win for the student, The SPEAKER pro tempore. Is there nancy prevention and to have general disease but also for parents and the community. objection to the request of the gen- screenings at a SBHC. By repealing funding for school-based tleman from Texas? More than 350 applications to build school- health centers, we will be taking away a health There was no objection. based health centers have already been re- care option—and perhaps the only health care f ceived by the Department of Health and option—for low income children and their fami- REPEALING MANDATORY FUNDING Human Services, from 46 states and the Dis- lies. Without these centers, we will not be FOR STATE HEALTH INSURANCE trict of Columbia, in response to this new fund- building a foundation to promote and advance EXCHANGES ing opportunity enacted as part of health re- preventive and wellness-based care that will form. All of these projects are ready to go— help save health care costs over time. The SPEAKER pro tempore. Pursu- which means immediate jobs for construction Mr. Chair, I urge my colleagues to oppose ant to House Resolution 236 and rule workers and others involved in building the this misguided bill. XVIII, the Chair declares the House in centers. Defunding this provision is another Mr. GENE GREEN of Texas. Mr. Chair, I the Committee of the Whole House on example of the Republican disconnect from rise in opposition to H.R. 1214, which repeals the state of the Union for the further the real issues people care about—creating a provision in the Affordable Care Act that pro- consideration of the bill, H.R. 1213. jobs and protecting children. vides funding for the construction of school b 1706 Healthy students are better students. Why health centers. It also rescinds any unobli- IN THE COMMITTEE OF THE WHOLE the Republicans want to eliminate a program gated funds that have already been appro- that helps kids stay in school and provides op- priated to this program. Accordingly, the House resolved portunities for future success—and creates The Majority has said their top priority is job itself into the Committee of the Whole jobs in the present—is simply beyond my creation and getting our economy back on House on the state of the Union for the imagination. I urge my colleagues to vote track. This legislation is yet another example further consideration of the bill (H.R. against this bill and give our young people the of the Republicans’ misplaced priorities. 1213) to repeal mandatory funding pro- chance they deserve to succeed. If the Republicans cared about job creation, vided to States in the Patient Protec- Mr. LEVIN. Mr. Chair, I rise in strong oppo- they would support school based health cen- tion and Affordable Care Act to estab- sition to this legislation. ters. lish American Health Benefit Ex- This bill is a retreat from a core value: to School-based health centers started in the changes, with Mr. YODER (Acting care for our children. Instead of cutting con- 1970s with the first centers opening in Dallas, Chair) in the chair. struction for these school-based health cen- Texas, and St. Paul, Minnesota. Today, there The Clerk read the title of the bill. ters, we should be building more clinics to are approximately 1,700 centers across the The Acting CHAIR. When the Com- help those in need. country located in 45 states plus the District of mittee of the Whole rose earlier today, These centers work. They keep our children Columbia. amendment No. 5 printed in House Re- healthy. I see it at the two school-based clinics In Texas, there are approximately 85 port 112–70 offered by the gentleman in my district in the Hazel Park and the Fitz- school-based health centers. Most of these from Vermont (Mr. WELCH) had been gerald Public School systems. centers are located in a permanent facility on disposed of. For instance, Melissa, the nurse practitioner a school campus. The centers provide primary Pursuant to clause 6 of rule XVIII, at the Fitzgerald Clinic, helps those who can’t care, mental health care, and dental care. proceedings will now resume on those

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.024 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2978 CONGRESSIONAL RECORD — HOUSE May 3, 2011 amendments printed in House Report Tonko Walz (MN) Weiner b 1731 112–70 on which further proceedings Towns Wasserman Welch Tsongas Schultz Wilson (FL) Messrs. SMITH of Nebraska, were postponed, in the following order: Van Hollen Waters Woolsey COFFMAN of Colorado, DUFFY, Amendment No. 1 by Ms. JACKSON Vela´ zquez Watt Wu ROSKAM, MEEHAN, and MULVANEY LEE of Texas. Visclosky Waxman Yarmuth changed their vote from ‘‘aye’’ to ‘‘no.’’ Amendment No. 2 by Ms. WATERS of NOES—239 Ms. WILSON of Florida, Messrs. California. Adams Gowdy Palazzo KUCINICH, PERLMUTTER, WU, Ms. Amendment No. 3 by Mr. ELLISON of Aderholt Granger Paul PINGREE of Maine, and Mr. Minnesota. Akin Graves (GA) Paulsen CUMMINGS changed their vote from The Chair will reduce to 5 minutes Alexander Graves (MO) Pearce ‘‘no’’ to ‘‘aye.’’ the time for any electronic vote after Altmire Griffin (AR) Pence Amash Griffith (VA) So the amendment was rejected. the first vote in this series. Peterson Austria Grimm Petri The result of the vote was announced AMENDMENT NO. 1 OFFERED BY MS. JACKSON Bachus Guinta Pitts as above recorded. LEE OF TEXAS Barletta Guthrie Platts Bartlett Hall AMENDMENT NO. 2 OFFERED BY MS. WATERS The Acting CHAIR. The unfinished Poe (TX) Barton (TX) Harper Pompeo The Acting CHAIR. The unfinished business is the demand for a recorded Bass (NH) Hartzler Posey business is the demand for a recorded vote on the amendment offered by the Benishek Hastings (WA) Price (GA) Berg Hayworth vote on the amendment offered by the gentlewoman from Texas (Ms. JACKSON Quayle Biggert Heck gentlewoman from California (Ms. WA- LEE) on which further proceedings were Reed Bilirakis Heller Rehberg TERS) on which further proceedings Bishop (UT) Hensarling postponed and on which the noes pre- Reichert Black Herger were postponed and on which the noes vailed by voice vote. Renacci Blackburn Herrera Beutler prevailed by voice vote. Ribble The Clerk will redesignate the Bonner Holden Rigell The Clerk will redesignate the amendment. Bono Mack Huelskamp Rivera amendment. Boren Huizenga (MI) The Clerk redesignated the amend- Roby The Clerk redesignated the amend- ment. Boustany Hultgren Brady (TX) Hunter Roe (TN) ment. RECORDED VOTE Brooks Hurt Rogers (AL) Rogers (KY) RECORDED VOTE The Acting CHAIR. A recorded vote Buchanan Issa Bucshon Jenkins Rogers (MI) The Acting CHAIR. A recorded vote has been demanded. Buerkle Johnson (IL) Rohrabacher has been demanded. Rokita A recorded vote was ordered. Burgess Johnson (OH) A recorded vote was ordered. The vote was taken by electronic de- Burton (IN) Jordan Rooney Calvert Kelly Ros-Lehtinen The Acting CHAIR. This will be a 5- vice, and there were—ayes 177, noes 239, Camp King (IA) Roskam minute vote. not voting 16, as follows: Campbell King (NY) Ross (AR) The vote was taken by electronic de- [Roll No. 281] Canseco Kingston Ross (FL) Cantor Kinzinger (IL) Royce vice, and there were—ayes 178, noes 242, AYES—177 Capito Kline Runyan not voting 12, as follows: Ackerman Farr McDermott Cardoza Labrador Ryan (WI) [Roll No. 282] Andrews Fattah McGovern Carter Lamborn Scalise Baca Filner McNerney Chabot Lance Schilling AYES—178 Bachmann Frank (MA) Michaud Chaffetz Landry Schmidt Ackerman Edwards Matheson Baldwin Fudge Miller (NC) Chandler Lankford Schweikert Andrews Ellison Matsui Barrow Garamendi Miller, George Coble Latham Scott (SC) Baca Engel McCarthy (NY) Bass (CA) Gibson Moore Coffman (CO) LaTourette Scott, Austin Baldwin Eshoo McCollum Becerra Gonzalez Moran Cole Latta Sensenbrenner Barrow Fattah McDermott Berkley Green, Al Murphy (CT) Conaway Lewis (CA) Sessions Bass (CA) Filner McGovern Berman Green, Gene Nadler Cooper LoBiondo Shimkus Becerra Frank (MA) McNerney Bishop (GA) Grijalva Napolitano Cravaack Long Shuler Berkley Fudge Meeks Bishop (NY) Gutierrez Neal Crawford Lucas Shuster Berman Garamendi Michaud Blumenauer Hanabusa Olver Crenshaw Luetkemeyer Simpson Bishop (GA) Gonzalez Miller (NC) Boswell Hanna Pallone Culberson Lummis Smith (NE) Bishop (NY) Green, Al Miller, George Brady (PA) Harris Pastor (AZ) Davis (KY) Lungren, Daniel Smith (NJ) Blumenauer Green, Gene Moore E. Braley (IA) Hastings (FL) Payne Denham Smith (TX) Boswell Grijalva Moran Dent Mack Brown (FL) Heinrich Pelosi Southerland Brady (PA) Hanabusa Murphy (CT) Butterfield Higgins Perlmutter DesJarlais Manzullo Braley (IA) Hastings (FL) Nadler Stearns Capps Himes Peters Dold Marchant Brown (FL) Heinrich Napolitano Stivers Capuano Hinchey Pingree (ME) Dreier Marino Butterfield Higgins Neal Stutzman Carnahan Hinojosa Polis Duffy McCarthy (CA) Capps Himes Olver Sullivan Carney Hirono Price (NC) Duncan (SC) McCaul Capuano Hinchey Pallone Terry Carson (IN) Holt Quigley Duncan (TN) McClintock Cardoza Hinojosa Pascrell Castor (FL) Honda Rahall Ellmers McCotter Thompson (PA) Carnahan Hirono Pastor (AZ) Chu Hoyer Rangel Farenthold McHenry Thornberry Carney Holt Payne Cicilline Inslee Reyes Fincher McIntyre Tiberi Carson (IN) Honda Pelosi Clarke (MI) Israel Richardson Fitzpatrick McKeon Tipton Castor (FL) Hoyer Perlmutter Clarke (NY) Jackson (IL) Richmond Flake McKinley Turner Chu Inslee Peters Clay Jackson Lee Rothman (NJ) Fleischmann McMorris Upton Cicilline Israel Pingree (ME) Cleaver (TX) Roybal-Allard Fleming Rodgers Walberg Clarke (MI) Jackson (IL) Polis Clyburn Johnson, E. B. Ruppersberger Flores Meehan Walden Clarke (NY) Jackson Lee Price (NC) Cohen Kaptur Ryan (OH) Forbes Mica Walsh (IL) Clay (TX) Quigley Connolly (VA) Keating Sa´ nchez, Linda Fortenberry Miller (FL) Webster Cleaver Johnson (GA) Rahall Costello Kildee T. Foxx Miller (MI) West Clyburn Johnson, E. B. Rangel Courtney Kind Sanchez, Loretta Franks (AZ) Miller, Gary Westmoreland Cohen Kaptur Reyes Critz Kissell Sarbanes Frelinghuysen Mulvaney Whitfield Connolly (VA) Keating Richardson Crowley Kucinich Schakowsky Gallegly Murphy (PA) Wilson (SC) Conyers Kildee Richmond Cuellar Langevin Schiff Gardner Myrick Wittman Costa Kind Rothman (NJ) Cummings Larsen (WA) Schrader Garrett Neugebauer Wolf Costello Kissell Roybal-Allard Davis (CA) Lee (CA) Schwartz Gerlach Noem Womack Courtney Kucinich Ruppersberger Davis (IL) Levin Scott (VA) Gibbs Nugent Woodall Crowley Langevin Rush DeFazio Lewis (GA) Scott, David Gingrey (GA) Nunes Yoder Cuellar Larsen (WA) Ryan (OH) ´ DeGette Lipinski Serrano Gohmert Nunnelee Young (AK) Cummings Larson (CT) Sanchez, Linda DeLauro Loebsack Sewell Goodlatte Olson Young (FL) Davis (CA) Lee (CA) T. Deutch Lofgren, Zoe Sherman Gosar Owens Young (IN) Davis (IL) Levin Sanchez, Loretta Dicks Lowey Sires DeFazio Lewis (GA) Sarbanes ´ Dingell Lujan Slaughter NOT VOTING—16 DeGette Lipinski Schakowsky Doggett Lynch Smith (WA) DeLauro Loebsack Schiff Donnelly (IN) Maloney Speier Bilbray Emerson Meeks Deutch Lofgren, Zoe Schrader Doyle Markey Stark Broun (GA) Giffords Pascrell Dicks Lowey Schwartz Edwards Matheson Sutton Cassidy Johnson (GA) Rush Dingell Luja´ n Scott (VA) Ellison Matsui Thompson (CA) Conyers Johnson, Sam Schock Doggett Lynch Scott, David Engel McCarthy (NY) Thompson (MS) Costa Jones Donnelly (IN) Maloney Serrano Eshoo McCollum Tierney Diaz-Balart Larson (CT) Doyle Markey Sewell

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.110 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2979 Sherman Tonko Watt Farr Gutierrez Sullivan Inslee Miller (NC) Schiff Sires Towns Waxman Giffords Johnson, Sam Walden Israel Miller, George Schrader Slaughter Tsongas Weiner Jackson (IL) Moore Schwartz Smith (WA) Van Hollen Welch Jackson Lee Moran Scott (VA) Speier Vela´ zquez Wilson (FL) b 1738 (TX) Murphy (CT) Scott, David Stark Visclosky Woolsey So the amendment was rejected. Johnson (GA) Nadler Serrano Johnson, E. B. Napolitano Sewell Sutton Walz (MN) Wu The result of the vote was announced Thompson (CA) Wasserman Yarmuth Kaptur Neal Sherman Thompson (MS) Schultz as above recorded. Keating Olver Shuler Tierney Waters Stated against: Kildee Pallone Sires Kind Pascrell Slaughter Mr. WALDEN. Mr. Chairman, on rollcall No. NOES—242 Kissell Pastor (AZ) Smith (WA) 282, I was inadvertantly detained. Had I been Kucinich Payne Speier Adams Gowdy Olson present, I would have voted ‘‘no.’’ Langevin Pelosi Stark Aderholt Granger Larsen (WA) Perlmutter Sutton Owens (By unanimous consent, Mr. BACHUS Akin Graves (GA) Palazzo Larson (CT) Peters Thompson (CA) Alexander Graves (MO) Paul was allowed to speak out of order.) Lee (CA) Peterson Thompson (MS) Altmire Griffin (AR) Paulsen MOMENT OF SILENCE IN REMEMBRANCE OF THE Levin Pingree (ME) Tierney Amash Griffith (VA) Pearce FAMILIES AND VICTIMS OF THE RECENT TOR- Lewis (GA) Polis Tonko Austria Grimm Lipinski Price (NC) Towns Pence NADOES IN THE SOUTHERN STATES Bachmann Guinta Peterson Loebsack Quigley Tsongas Bachus Guthrie Petri Mr. BACHUS. Mr. Chairman, I’m Lofgren, Zoe Rahall Van Hollen Barletta Hall Pitts joined on the floor today by my col- Lowey Rangel Vela´ zquez Bartlett Hanna Platts leagues from the southern States. We Luja´ n Reyes Visclosky Barton (TX) Harper Lynch Richardson Walz (MN) Poe (TX) have Members from Alabama, Mis- Bass (NH) Harris Pompeo Maloney Richmond Wasserman Benishek Hartzler Posey sissippi, Tennessee, Georgia, North Markey Rothman (NJ) Schultz Berg Hastings (WA) Price (GA) Carolina, and Virginia together. Fami- Matheson Roybal-Allard Waters Biggert Hayworth Matsui Ruppersberger Watt Quayle Bilirakis Heck lies in our States have lost over 300 of McCarthy (NY) Rush Waxman Reed Bishop (UT) Heller their loved ones, and I ask that the McCollum Ryan (OH) Weiner Rehberg Black Hensarling McDermott Sa´ nchez, Linda Welch Reichert House at this time join my colleagues Blackburn Herger McGovern T. Wilson (FL) Renacci and me in a moment of silence for Bono Mack Herrera Beutler McNerney Sanchez, Loretta Woolsey Boren Holden Ribble these families and victims. Our Meeks Sarbanes Wu Boustany Huelskamp Rigell thoughts and prayers go with them. Michaud Schakowsky Yarmuth Rivera Brady (TX) Huizenga (MI) The Acting CHAIR. The Chair would Brooks Hultgren Roby NOES—242 Buchanan Hunter Roe (TN) ask all present to rise for the purpose Bucshon Hurt Rogers (AL) of a moment of silence. Adams Farenthold Lamborn Rogers (KY) Aderholt Fincher Lance Buerkle Issa AMENDMENT NO. 3 OFFERED BY MR. ELLISON Burgess Jenkins Rogers (MI) Akin Fitzpatrick Landry Burton (IN) Johnson (IL) Rohrabacher The Acting CHAIR. Without objec- Alexander Flake Lankford Calvert Johnson (OH) Rokita tion, 5-minute voting will continue. Altmire Fleischmann Latham Amash Fleming LaTourette Camp Jones Rooney There was no objection. Campbell Jordan Ros-Lehtinen Austria Flores Latta Canseco Kelly Roskam The Acting CHAIR. The unfinished Bachmann Forbes Lewis (CA) Cantor King (IA) Ross (AR) business is the demand for a recorded Bachus Fortenberry LoBiondo Capito King (NY) Ross (FL) Barletta Franks (AZ) Long vote on the amendment offered by the Bartlett Frelinghuysen Lucas Carter Kingston Royce gentleman from Minnesota (Mr. Chabot Kinzinger (IL) Runyan Barton (TX) Gallegly Luetkemeyer Chaffetz Kline Ryan (WI) ELLISON) on which further proceedings Bass (NH) Gardner Lummis Benishek Garrett Lungren, Daniel Chandler Labrador Scalise were postponed and on which the noes Berg Gerlach E. Coble Lamborn Schilling prevailed by voice vote. Biggert Gibbs Mack Coffman (CO) Lance Schmidt The Clerk will redesignate the Bilirakis Gibson Manzullo Conaway Landry Schock Bishop (UT) Gingrey (GA) Marchant Cooper Lankford Schweikert amendment. Black Gohmert Marino Cravaack Latham Scott (SC) The Clerk redesignated the amend- Crawford LaTourette Blackburn Goodlatte McCarthy (CA) Scott, Austin ment. Bonner Gosar McCaul Crenshaw Latta Sensenbrenner Critz Lewis (CA) RECORDED VOTE Bono Mack Gowdy McClintock Sessions Boren Granger McCotter Culberson LoBiondo Shimkus The Acting CHAIR. A recorded vote Davis (KY) Long Boustany Graves (GA) McHenry Shuler has been demanded. Brady (TX) Graves (MO) McIntyre Denham Lucas Shuster Dent Luetkemeyer A recorded vote was ordered. Brooks Griffin (AR) McKeon Simpson DesJarlais Lummis Buchanan Griffith (VA) McKinley Smith (NE) The Acting CHAIR. This will be a 5- Diaz-Balart Lungren, Daniel Bucshon Grimm McMorris Smith (NJ) minute vote. Dold E. Buerkle Guinta Rodgers Smith (TX) Dreier Mack The vote was taken by electronic de- Burgess Guthrie Meehan Southerland Duffy Manzullo vice, and there were—ayes 180, noes 242, Burton (IN) Hall Mica Stearns Calvert Hanna Miller (FL) Duncan (SC) Marchant not voting 10, as follows: Duncan (TN) Marino Stivers Camp Harper Miller (MI) Ellmers McCarthy (CA) Stutzman [Roll No. 283] Campbell Harris Miller, Gary Terry Canseco Hartzler Mulvaney Farenthold McCaul AYES—180 Fincher McClintock Thompson (PA) Cantor Hastings (WA) Murphy (PA) Fitzpatrick McCotter Thornberry Ackerman Clarke (NY) Edwards Capito Hayworth Myrick Flake McHenry Tiberi Andrews Clay Ellison Cardoza Heck Neugebauer Fleischmann McIntyre Tipton Baca Cleaver Engel Carter Heller Noem Fleming McKeon Turner Baldwin Clyburn Eshoo Chabot Hensarling Nugent Flores McKinley Upton Barrow Cohen Farr Chaffetz Herger Nunes Forbes McMorris Walberg Becerra Connolly (VA) Fattah Coble Herrera Beutler Nunnelee Fortenberry Rodgers Walsh (IL) Berkley Conyers Filner Coffman (CO) Holden Olson Foxx Meehan Webster Berman Costa Frank (MA) Cole Huelskamp Owens Franks (AZ) Mica West Bishop (GA) Costello Fudge Conaway Huizenga (MI) Palazzo Frelinghuysen Miller (FL) Westmoreland Bishop (NY) Courtney Garamendi Cooper Hultgren Paul Gallegly Miller (MI) Whitfield Blumenauer Critz Gonzalez Cravaack Hunter Paulsen Gardner Miller, Gary Wilson (SC) Boswell Crowley Green, Al Crawford Hurt Pearce Garrett Mulvaney Wittman Brady (PA) Cuellar Green, Gene Crenshaw Issa Pence Gerlach Murphy (PA) Wolf Braley (IA) Cummings Grijalva Culberson Jenkins Petri Gibbs Myrick Womack Brown (FL) Davis (CA) Gutierrez Davis (KY) Johnson (IL) Pitts Gibson Neugebauer Woodall Capps Davis (IL) Hanabusa Denham Johnson (OH) Platts Gingrey (GA) Noem Yoder Capuano DeFazio Hastings (FL) Dent Jones Poe (TX) Gohmert Nugent Young (AK) Carnahan DeGette Heinrich DesJarlais Jordan Pompeo Goodlatte Nunes Young (FL) Carney DeLauro Higgins Diaz-Balart Kelly Posey Gosar Nunnelee Young (IN) Carson (IN) Deutch Himes Dold King (IA) Price (GA) Castor (FL) Dicks Hinchey Dreier King (NY) Quayle NOT VOTING—12 Chandler Dingell Hinojosa Duffy Kingston Reed Chu Doggett Hirono Duncan (SC) Kinzinger (IL) Rehberg Bilbray Broun (GA) Cole Cicilline Donnelly (IN) Holt Duncan (TN) Kline Reichert Bonner Cassidy Emerson Clarke (MI) Doyle Honda Ellmers Labrador Renacci

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.022 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2980 CONGRESSIONAL RECORD — HOUSE May 3, 2011 Ribble Schock Tipton ‘‘(a) CANCER OR OTHER PREEXISTING CONDI- only to the companies that provide af- Rigell Schweikert Turner TION NON-DISCRIMINATION DISCLOSURE CONDI- Rivera Scott (SC) fordable insurance to all Americans, Upton TION.—As a condition for receipt of assist- Roby Scott, Austin young, old, sick and well, male and fe- Walberg ance under this section and in addition to Roe (TN) Sensenbrenner male. My recommit motion, this final Walden any other requirements for an Exchange, an Rogers (AL) Sessions Walsh (IL) Exchange may not offer a qualified health amendment, would require just that. Rogers (KY) Shimkus Webster Our role as a government is to pro- Rogers (MI) Shuster West plan of a health insurance issuer if that Rohrabacher Simpson tect the well-being of our citizens, not Westmoreland issuer— Rokita Smith (NE) Whitfield ‘‘(1) does not agree to publicly disclose the the bottom line of insurance compa- Rooney Smith (NJ) extent to which coverage under such plan nies, which are doing just fine by the Ros-Lehtinen Smith (TX) Wilson (SC) Roskam Southerland Wittman has been denied for any individual (including way. Ross (AR) Stearns Wolf an individual who is a senior or future recipi- America’s health insurance compa- Ross (FL) Stivers Womack ent of Medicare), and the extent to which nies increased their profits by 56 per- Royce Stutzman Woodall there has been any increase in the amount of cent in 2009, while 2.7 million people Yoder Runyan Sullivan premiums for coverage under such plan for lost their private coverage. The Na- Ryan (WI) Terry Young (AK) such an individual, based on the individual Scalise Thompson (PA) Young (FL) having cancer or another preexisting condi- tion’s five largest for-profit insurers re- Schilling Thornberry Young (IN) ported a combined profit of $12.2 billion Schmidt Tiberi tion; or ‘‘(2) has at least one such disclosure dem- the same year, according to a report by NOT VOTING—10 onstrating an instance of such a denial or Health Care for America Now. Bass (CA) Cassidy Hoyer premium increase on such basis.’’. I support American companies mak- Bilbray Emerson Johnson, Sam The SPEAKER pro tempore. Pursu- ing profits. However, these numbers in- Broun (GA) Foxx dicate there is no reason why private Butterfield Giffords ant to the rule, the gentleman from Iowa is recognized for 5 minutes in sup- insurance companies should deny cov- b 1746 port of his motion. erage to seniors or Americans strug- Mr. ROYCE changed his vote from gling with cancer and other preexisting b 1750 ‘‘aye’’ to ‘‘no.’’ conditions. So the amendment was rejected. Mr. BOSWELL. Mr. Speaker, this My amendment would ensure that if The result of the vote was announced motion is very simple. It serves as a they want to expand their insurance as above recorded. final amendment to the underlying leg- pool to include Americans purchasing The Acting CHAIR (Mr. SMITH of Ne- islation and would not kill the bill. through health care exchanges and braska). Under the rule, the Committee What it does do is prohibit insurance grow their customer base even more, rises. companies from participating in health then they must cover everyone fairly— Accordingly, the Committee rose; insurance exchanges if they deny cov- seniors, future Medicare recipients, and and the Speaker pro tempore (Mr. erage for cancer or other preexisting cancer patients included. YODER) having assumed the chair, Mr. conditions, especially for seniors and Let’s be clear. The passage of this SMITH of Nebraska, Acting Chair of the future Medicare recipients. amendment will not prevent the pas- Committee of the Whole House on the My recommit motion is an oppor- sage of the underlying bill. If the state of the Union, reported that that tunity for everyone in this Chamber to amendment is adopted, it will be incor- Committee, having had under consider- put the angry rhetoric surrounding porated into the bill, and the bill will ation the bill (H.R. 1213) to repeal man- health care reform aside and stand up be immediately voted upon. datory funding provided to States in for seniors and future Medicare recipi- So, even though we may disagree on the Patient Protection and Affordable ents and every American who has been the bill today, we have the opportunity Care Act to establish American Health diagnosed with cancer and other pre- to stand together for those afflicted Benefit Exchanges, and, pursuant to existing conditions. with cancer and other preexisting con- House Resolution 236, reported the bill This recommit motion holds special ditions and our Nation’s future Medi- back to the House. meaning for me because I am a cancer care recipients who would lose guaran- The SPEAKER pro tempore. Under survivor. I was diagnosed with prostate teed health care benefits under the the rule, the previous question is or- cancer that was most likely caused by Ryan plan. dered. my service in the Vietnam War and ex- It’s up to us. I urge everyone to vote The question is on the engrossment posure to Agent Orange. Fortunately, ‘‘yes’’ on this final amendment. I yield back the balance of my time. and third reading of the bill. as a career soldier, I had access to af- The SPEAKER pro tempore. Does the The bill was ordered to be engrossed fordable, quality public health insur- gentleman from Texas have a point of and read a third time, and was read the ance to help me beat that nasty dis- order? third time. ease. Many other Americans are not so Mr. BURGESS. Mr. Chairman, I will MOTION TO RECOMMIT lucky. withdraw the point of order. Mr. BOSWELL. Mr. Speaker, I have a With this in mind, this final amend- The SPEAKER pro tempore. The gen- motion to recommit at the desk. ment is more important than ever. tleman withdraws the point of order. The SPEAKER pro tempore. Is the Medicare accepts all seniors; private The gentleman from Texas is recog- gentleman opposed to the bill? insurance companies do not. This must nized for 5 minutes in opposition. Mr. BOSWELL. In its present form, I change, and requiring these companies Mr. BURGESS. Mr. Speaker, H.R. am opposed. to prove that they do not charge more 1213 that we’ve had under discussion all Mr. BURGESS. Mr. Speaker, I would or deny coverage to seniors and the 129 day does nothing about preexisting like to reserve a point of order. million people under 65 who have a pre- conditions; therefore, this motion to The SPEAKER pro tempore. A point existing condition is an important first recommit is irrelevant and unneces- of order is reserved. step. sary. The Clerk will report the motion to I would submit that probably every Members were brought here to get recommit. one of us in this Chamber have received runaway spending under control. Rath- The Clerk read as follows: calls from some of our constituents er than help us avoid a fiscal crisis, Mr. Boswell moves to recommit the bill who have been paying for insurance for House Democrats have brought forward H.R. 1213 to the Committee on Energy and years and years, they got a malady, a motion to recommit that is irrele- Commerce with instructions to report the they got cancer, they’re in the hos- vant to the points that have been made same to the House forthwith with the fol- pital, they’re getting treatment, insur- on the floor of this House today. lowing amendment: ance comes due and they can’t renew it As has been pointed out, Section In section 1, add at the end the following: because they’ve got a preexisting con- 1113(a) of the Patient Protection and (c) CANCER OR OTHER PREEXISTING CONDI- dition. That’s got to stop. Affordable Care Act gives the Sec- TION NON-DISCRIMINATION DISCLOSURE CONDI- TION.—Section 1311 of the Patient Protection Health insurance exchanges will be a retary of Health and Human Services and Affordable Care Act, as amended by sub- one-stop shop for tens of millions of an unlimited appropriation to facili- section (a), is amended by inserting before Americans who purchase individual tate enrollment in State health ex- subsection (b) the following new subsection: policies. This market must be open changes. We simply do not know how

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.023 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2981 the Secretary of Health and Human Fattah Lowey Ruppersberger Nunes Rogers (MI) Stivers Services will spend these dollars. Filner Luja´ n Rush Nunnelee Rohrabacher Stutzman Frank (MA) Lynch Ryan (OH) Olson Rokita Sullivan The Center for Medicare and Med- Fudge Maloney Sa´ nchez, Linda Palazzo Rooney Terry icaid Services has indicated that Garamendi Markey T. Paul Ros-Lehtinen Thompson (PA) States should look to this fund to plug Gonzalez Matheson Sanchez, Loretta Paulsen Roskam Thornberry Green, Al Matsui Pearce Ross (FL) State budget shortfalls. Sarbanes Tiberi Green, Gene McCarthy (NY) Schakowsky Pence Royce Tipton Petri Runyan Section 1311(h) of the Patient Protec- Grijalva McCollum Schiff Turner Gutierrez McDermott Pitts Ryan (WI) tion and Affordable Care Act gives the Schrader Upton Hanabusa McGovern Platts Scalise Schwartz Walberg Secretary the ability to regulate which Hastings (FL) McIntyre Poe (TX) Schilling Scott (VA) doctors can provide care through ex- Heinrich McNerney Pompeo Schmidt Walden change plans. This fund can be used to Higgins Meeks Scott, David Posey Schock Walsh (IL) Serrano Webster federalize how doctors can practice Himes Michaud Price (GA) Schweikert Hinchey Miller (NC) Sewell Quayle Scott (SC) West medicine. Hinojosa Miller, George Sherman Reed Scott, Austin Westmoreland Grants under 1113(a) could also be Hirono Moore Shuler Rehberg Sensenbrenner Whitfield used to provide a 100 percent subsidy Holden Moran Sires Reichert Sessions Wilson (SC) Holt Murphy (CT) Slaughter Renacci Shimkus Wittman for premiums, driving patients out of Honda Nadler Smith (WA) Ribble Shuster Wolf employer-sponsored insurance. Hoyer Napolitano Speier Rigell Simpson Womack Under Section 2705, it is already pro- Inslee Neal Stark Rivera Smith (NE) Yoder hibited for a qualified plan to discrimi- Israel Olver Sutton Roby Smith (NJ) Young (AK) Jackson (IL) Owens Roe (TN) Smith (TX) nate, and, thus, the motion to recom- Thompson (CA) Young (FL) Jackson Lee Pallone Thompson (MS) Rogers (AL) Southerland Young (IN) mit attempts to keep the spending (TX) Pascrell Tierney Rogers (KY) Stearns Johnson (GA) Pastor (AZ) going. Continuing to fund State-based Tonko NOT VOTING—9 Johnson, E. B. Payne Towns exchanges would jeopardize taxpayer Jones Pelosi Tsongas Bilbray Emerson Johnson, Sam resources. Kaptur Perlmutter Van Hollen Broun (GA) Giffords Waxman Keating Peters Cassidy Gohmert Woodall Given the huge uncertainty regard- Vela´ zquez Kildee Peterson ing the Patient Protection and Afford- Visclosky Kind Pingree (ME) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE able Care Act, two Federal District Kissell Polis Walz (MN) Wasserman The SPEAKER pro tempore (during Courts have struck down the law. State Kucinich Price (NC) the vote). There are 2 minutes remain- attorney generals have asked for an ex- Langevin Quigley Schultz Larsen (WA) Rahall Waters ing in this vote. pedited review of the litigation, but the Larson (CT) Rangel Watt Obama administration has refused to Lee (CA) Reyes Weiner allow that to happen. In the interim, Levin Richardson Welch b 1815 repealing this fund is the best thing we Lewis (GA) Richmond Wilson (FL) Mr. BECERRA changed his vote from Lipinski Ross (AR) Woolsey can do to protect taxpayer resources at Loebsack Rothman (NJ) Wu ‘‘no’’ to ‘‘aye.’’ a time of record red ink. Lofgren, Zoe Roybal-Allard Yarmuth So the motion to recommit was re- I urge my colleagues to vote ‘‘no’’ on jected. the motion to recommit. NOES—233 The result of the vote was announced I yield back the balance of my time. Adams Dold Hurt as above recorded. Aderholt Dreier Issa The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Without Akin Duffy Jenkins objection, the previous question is or- Alexander Duncan (SC) Johnson (IL) SIMPSON). The question is on the pas- dered on the motion to recommit. Amash Duncan (TN) Johnson (OH) sage of the bill. There was no objection. Austria Ellmers Jordan The question was taken; and the Bachmann Farenthold Kelly The SPEAKER pro tempore. The Bachus Fincher King (IA) Speaker pro tempore announced that question is on the motion to recommit. Barletta Fitzpatrick King (NY) the ayes appeared to have it. The question was taken; and the Bartlett Flake Kingston RECORDED VOTE Barton (TX) Fleischmann Kinzinger (IL) Speaker pro tempore announced that Bass (NH) Fleming Kline Mr. BURGESS. Mr. Speaker, I de- the noes appeared to have it. Benishek Flores Labrador mand a recorded vote. RECORDED VOTE Berg Forbes Lamborn A recorded vote was ordered. Biggert Fortenberry Lance Mr. BOSWELL. Mr. Speaker, I de- Bilirakis Foxx Landry The SPEAKER pro tempore. This mand a recorded vote. Bishop (UT) Franks (AZ) Lankford will be a 5-minute vote. A recorded vote was ordered. Black Frelinghuysen Latham The vote was taken by electronic de- Blackburn Gallegly LaTourette vice, and there were—ayes 238, noes 183, The SPEAKER pro tempore. Pursu- Bonner Gardner Latta ant to clause 9 of rule XX, the Chair Bono Mack Garrett Lewis (CA) not voting 11, as follows: will reduce to 5 minutes the minimum Boren Gerlach LoBiondo [Roll No. 285] time for any electronic vote on the Boustany Gibbs Long Brady (TX) Gibson Lucas AYES—238 question of passage. Brooks Gingrey (GA) Luetkemeyer Adams Buerkle Duncan (SC) The vote was taken by electronic de- Buchanan Goodlatte Lummis Aderholt Burgess Duncan (TN) vice, and there were—ayes 190, noes 233, Bucshon Gosar Lungren, Daniel Akin Burton (IN) Ellmers Buerkle Gowdy E. Alexander Calvert Farenthold not voting 9, as follows: Burgess Granger Mack Altmire Camp Fincher [Roll No. 284] Burton (IN) Graves (GA) Manzullo Amash Campbell Fitzpatrick Calvert Graves (MO) Marchant Austria Canseco Flake AYES—190 Camp Griffin (AR) Marino Bachmann Cantor Fleischmann Ackerman Cardoza Critz Campbell Griffith (VA) McCarthy (CA) Bachus Capito Fleming Altmire Carnahan Crowley Canseco Grimm McCaul Barletta Carter Flores Andrews Carney Cuellar Cantor Guinta McClintock Bartlett Chabot Forbes Baca Carson (IN) Cummings Capito Guthrie McCotter Barton (TX) Chaffetz Fortenberry Baldwin Castor (FL) Davis (CA) Carter Hall McHenry Bass (NH) Coble Foxx Barrow Chandler Davis (IL) Chabot Hanna McKeon Benishek Coffman (CO) Franks (AZ) Bass (CA) Chu DeFazio Chaffetz Harper McKinley Berg Cole Frelinghuysen Becerra Cicilline DeGette Coble Harris McMorris Biggert Conaway Gallegly Berkley Clarke (MI) DeLauro Coffman (CO) Hartzler Rodgers Bilirakis Cravaack Gardner Berman Clarke (NY) Deutch Cole Hastings (WA) Meehan Bishop (UT) Crawford Garrett Bishop (GA) Clay Dicks Conaway Hayworth Mica Black Crenshaw Gerlach Bishop (NY) Cleaver Dingell Cravaack Heck Miller (FL) Blackburn Culberson Gibbs Blumenauer Clyburn Doggett Crawford Heller Miller (MI) Bonner Davis (KY) Gibson Boswell Cohen Donnelly (IN) Crenshaw Hensarling Miller, Gary Bono Mack Denham Gingrey (GA) Brady (PA) Connolly (VA) Doyle Culberson Herger Mulvaney Boren Dent Gohmert Braley (IA) Conyers Edwards Davis (KY) Herrera Beutler Murphy (PA) Boustany DesJarlais Goodlatte Brown (FL) Cooper Ellison Denham Huelskamp Myrick Brady (TX) Diaz-Balart Gosar Butterfield Costa Engel Dent Huizenga (MI) Neugebauer Brooks Dold Gowdy Capps Costello Eshoo DesJarlais Hultgren Noem Buchanan Dreier Granger Capuano Courtney Farr Diaz-Balart Hunter Nugent Bucshon Duffy Graves (GA)

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.119 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2982 CONGRESSIONAL RECORD — HOUSE May 3, 2011 Graves (MO) Mack Rohrabacher Pingree (ME) Sarbanes Tierney the committee’s director of security to Griffin (AR) Manzullo Rokita Polis Schakowsky Tonko arrange a time and date for that view- Griffith (VA) Marchant Rooney Price (NC) Schiff Towns Grimm Marino Ros-Lehtinen Quigley Schrader Tsongas ing. This will assure the availability of Guinta McCarthy (CA) Roskam Rahall Schwartz Van Hollen committee staff to assist Members who Guthrie McCaul Ross (FL) Rangel Scott (VA) Vela´ zquez desire assistance during their review of Reyes Scott, David Visclosky Gutierrez McClintock Royce these classified materials. Hall McCotter Runyan Richardson Serrano Walz (MN) Richmond Sewell Wasserman I urge interested Members to review Hanna McHenry Ryan (WI) Harper McIntyre Ross (AR) Sherman Schultz Scalise these materials in order to better un- Harris McKeon Rothman (NJ) Sires Waters Schilling derstand the committee’s recommenda- Hartzler McKinley Roybal-Allard Slaughter Watt Hastings (WA) McMorris Schmidt Ruppersberger Smith (WA) Weiner tions. The classified Annex to the com- Hayworth Rodgers Schweikert Rush Speier Welch mittee’s report contains the commit- Heck Meehan Scott (SC) Ryan (OH) Stark Wilson (FL) tee’s recommendations on the intel- Heller Mica Scott, Austin Sa´ nchez, Linda Sutton Woolsey Hensarling Miller (FL) Sensenbrenner T. Thompson (CA) Wu ligence budget for fiscal year 2011 and Herger Miller (MI) Sessions Sanchez, Loretta Thompson (MS) Yarmuth related classified information that can- Herrera Beutler Miller, Gary Shimkus NOT VOTING—11 not be disclosed publicly. Holden Mulvaney Shuster It is important that Members keep in Huelskamp Murphy (PA) Simpson Bilbray Giffords Shuler Huizenga (MI) Myrick Smith (NE) Broun (GA) Johnson, Sam Waxman mind the requirements of clause 13 of Hultgren Neugebauer Smith (NJ) Cassidy Lynch Woodall House rule XXIII, which only permits Hunter Noem Smith (TX) Emerson Schock access to classified information by Hurt Nugent Southerland Issa Nunes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE those Members of the House who have Stearns signed the oath provided for in the Jenkins Nunnelee Stivers The SPEAKER pro tempore (during Johnson (IL) Olson Stutzman the vote). Two minutes remain in this rule. Johnson (OH) Palazzo Sullivan If a Member has not yet signed that Jones Paul vote. Terry oath but wishes to review the classified Jordan Paulsen b 1822 Kelly Pearce Thompson (PA) Annex and Schedule of Authorizations, King (IA) Pence Thornberry So the bill was passed. the committee staff can administer the Tiberi King (NY) Petri The result of the vote was announced oath and see that the executed form is Kingston Pitts Tipton Kinzinger (IL) Platts Turner as above recorded. sent to the Clerk’s office. In addition, Kline Poe (TX) Upton A motion to reconsider was laid on the committee’s rules require that Labrador Pompeo Walberg the table. Members agree in writing to a non- Lamborn Posey Walden Stated against: Lance Price (GA) Walsh (IL) disclosure agreement. The agreement Landry Quayle Webster Mr. GUTIERREZ. Mr. Speaker, due to an indicates that the Member has been Lankford Reed West error, I incorrectly voted for final passage of granted access to the classified Annex Latham Rehberg Westmoreland H.R. 1213 (rollcall 285), legislation that seeks and that they are familiar with the LaTourette Reichert Whitfield to repeal mandatory funding provided to states rules of the House and the committee Latta Renacci Wilson (SC) Lewis (CA) Ribble Wittman under the Patient Protection and Affordable with respect to the classified nature of LoBiondo Rigell Wolf Care Act to establish Health Benefit Ex- the information and the limitations on Long Rivera Womack Lucas Roby changes. My intention was to vote against this the disclosure of that information. Yoder Luetkemeyer Roe (TN) bill. I thank the Speaker. Young (AK) Lummis Rogers (AL) f f Lungren, Daniel Rogers (KY) Young (FL) E. Rogers (MI) Young (IN) ANNOUNCEMENT BY CHAIRMAN OF AMENDMENT PROCESS FOR CON- PERMANENT SELECT COM- SIDERATION OF H.R. 754, INTEL- NOES—183 MITTEE ON INTELLIGENCE RE- LIGENCE AUTHORIZATION ACT Ackerman Davis (IL) Kildee GARDING AVAILABILITY OF FOR FISCAL YEAR 2011 Andrews DeFazio Kind CLASSIFIED SCHEDULE OF AU- Baca DeGette Kissell (Mr. BISHOP of Utah asked and was Baldwin DeLauro Kucinich THORIZATIONS AND CLASSIFIED given permission to address the House Barrow Deutch Langevin ANNEX Bass (CA) Dicks Larsen (WA) for 1 minute.) Becerra Dingell Larson (CT) (Mr. ROGERS of Michigan asked and Mr. BISHOP of Utah. Mr. Speaker, Berkley Doggett Lee (CA) was given permission to address the the Committee on Rules may meet the Berman Donnelly (IN) Levin House for 1 minute.) week of May 9 to grant a rule that Bishop (GA) Doyle Lewis (GA) Bishop (NY) Edwards Lipinski Mr. ROGERS of Michigan. Mr. could limit the amendment process for Blumenauer Ellison Loebsack Speaker, I wish to announce to all floor consideration of H.R. 754, the In- Boswell Engel Lofgren, Zoe Members of the House that the Perma- telligence Authorization Act for Fiscal Brady (PA) Eshoo Lowey nent Select Committee on Intelligence Year 2011. Braley (IA) Farr Luja´ n Brown (FL) Fattah Maloney has ordered the bill, H.R. 754, the Intel- Any Member wishing to offer an Butterfield Filner Markey ligence Authorization Act for Fiscal amendment to the bill must submit an Capps Frank (MA) Matheson Year 2011, reported favorably to the electronic copy of the amendment and Capuano Fudge Matsui Cardoza Garamendi McCarthy (NY) House with an amendment. The com- description via the Rules Committee Carnahan Gonzalez McCollum mittee’s report will be filed today. Web site. Members must also submit 30 Carney Green, Al McDermott Mr. Speaker, the classified Schedule hard copies of the amendment, one Carson (IN) Green, Gene McGovern of Authorizations and the classified copy of a brief explanation of the Castor (FL) Grijalva McNerney Chandler Hanabusa Meeks Annex accompanying the bill will be amendment, and an amendment log in Chu Hastings (FL) Michaud available for review by Members at the form to the Rules Committee in room Cicilline Heinrich Miller (NC) offices of the Permanent Select Com- H–312 of the Capitol by 12 p.m. on Tues- Clarke (MI) Higgins Miller, George Clarke (NY) Himes Moore mittee on Intelligence in room HVC–304 day, May 10, 2011. Both electronic and Clay Hinchey Moran of the Capitol Visitors Center begin- hard copies must be received by the Cleaver Hinojosa Murphy (CT) ning any time after this report is filed. date and time specified. Members Clyburn Hirono Nadler The committee office will be open dur- should draft their amendments to the Cohen Holt Napolitano Connolly (VA) Honda Neal ing regular business hours for the con- text of the bill as ordered reported by Conyers Hoyer Olver venience of any Member who wishes to the Permanent Select Committee on Cooper Inslee Owens review this material prior to its consid- Intelligence, which is available on the Costa Israel Pallone Costello Jackson (IL) Pascrell eration by the House. I anticipate that Rules Committee Web site. Courtney Jackson Lee Pastor (AZ) H.R. 754 will be considered in the House Members should also use the Office of Critz (TX) Payne in the near future, perhaps as early as Legislative Counsel to ensure that Crowley Johnson (GA) Pelosi next week. their amendments are drafted in the Cuellar Johnson, E. B. Perlmutter Cummings Kaptur Peters I recommend that Members wishing most appropriate format. Members Davis (CA) Keating Peterson to review the classified Annex contact should also check with the Office of the

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.031 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2983 Parliamentarian, the Committee on AMENDMENT NO. 1 OFFERED BY MS. JACKSON ter construction programs to improve the Budget, and the Congressional LEE OF TEXAS clinical preventive services and help Budget Office to be certain their Ms. JACKSON LEE of Texas. I have restrain the growth in private and pub- amendments comply with the rules of an amendment at the desk. lic health costs. Nearly every State has the House and the Congressional Budg- The Acting CHAIR. The Clerk will school-based health centers. There are et Act. designate the amendment. about 2,000. It provides mandatory If you have any questions, please The text of the amendment is as fol- funds for building and improving contact Chairman DREIER or the Rules lows: school-based health centers. There are Committee staff. In section 1, add at the end the following: now 350 applications for 46 States with (c) NOTICE OF RESCISSION OF UNOBLIGATED f shovel-ready projects. It couldn’t be all FUNDS.—Not later than 10 days after the date bad. REMOVAL OF NAME OF MEMBER of the enactment of this Act, the Secretary If H.R. 1214 is passed, it will kill AS COSPONSOR OF H.R. 1081 of Health and Human Services shall post on those funds. It will repeal it. And yet the public website of the Department of Mr. WILSON of South Carolina. Mr. Health and Human Services a notice of— this particular amendment will point Speaker, I ask unanimous consent to (1) the rescission, pursuant to subsection out Sophie’s choices—not really good be removed as a cosponsor of H.R. 1081. (b), of the unobligated balance of funds made choices—to take away from our chil- The SPEAKER pro tempore (Mr. available by section 4101(a) of the Patient dren good health care under the pre- Protection and Affordable Care Act (42 tense of cutting the deficit. The major- WESTMORELAND). Is there objection to U.S.C. 280h-4(a)); and ity of the funding that is being cut by the request of the gentleman from (2) the amount of such funds so rescinded. South Carolina? my friends is from discretionary serv- There was no objection. The Acting CHAIR. The gentlewoman ices, few dollars that represent only a from Texas is recognized for 5 minutes. small portion of the Nation’s budget, f Ms. JACKSON LEE of Texas. Mr. appropriations, and deficit. REPEALING MANDATORY FUNDING Chairman, I ask my colleagues to join And so I ask that we support this FOR SCHOOL HEALTH CENTER me in supporting this amendment. I ap- amendment because truth is in the CONSTRUCTION preciate very much my friend and col- pudding. Let’s see what they’re doing league from Texas, and I believe that and how you can get good health care The SPEAKER pro tempore. Pursu- this is an amendment that Republicans and cut school-based clinics. ant to House Resolution 236 and rule and Democrats can join on, maybe for Let me quickly say this. We’re trying XVIII, the Chair declares the House in different reasons. to make sure that we have places in the Committee of the Whole House on I have indicated that I believe the re- neighborhoods for people to evacuate the state of the Union for the further pealing of the support for school-based to—schools that are secure enough and consideration of the bill, H.R. 1214. health clinics and construction thereof strong enough that you could run or b 1825 is an unfortunate act on behalf of you could evacuate or you could be safe America’s children. in place. School-based clinics, health IN THE COMMITTEE OF THE WHOLE My amendment is very simple. It re- clinics, provide places to take the Accordingly, the House resolved quires the Department of Health and wounded from a hurricane or tornado itself into the Committee of the Whole Human Services to post public notice or a disaster unforeseen—or a man- House on the state of the Union for the on its official Web site that the man- made disaster. further consideration of the bill (H.R. dated funds from Section 410(1)(a) of So I would ask my colleagues to vote 1214) to repeal mandatory funding for the Patient Protection and Affordable for this amendment, to support this school-based health center construc- Care Act, including the amounts of the amendment, because it shows the light tion, with Mr. SIMPSON (Acting Chair) funds, will be rescinded. It explains to of what we should and should not be in the chair. the American public just what we are doing. The Clerk read the title of the bill. doing and it gives them a line-by-line, With that, I reserve the balance of The Acting CHAIR. When the Com- dollar-by-dollar impact of what hap- my time. mittee of the Whole rose earlier today, pens when they take money away that The Acting CHAIR. The gentlewoman all time for general debate had expired. is already being invested, that will be may not reserve her time. The Com- Pursuant to the rule, the bill shall be invested, to help build a health care in- mittee is operating under the 5-minute considered for amendment under the 5- frastructure in their neighborhood, so rule, in which case the gentlewoman is minute rule, and shall be considered that children like this young man and recognized for 5 minutes. The gentlewoman still has 1 minute read. many others who may not have access and 10 seconds remaining. The text of the bill is as follows: to health care can have a school-based H.R. 1214 Ms. JACKSON LEE of Texas. And I clinic. The amendment will provide the am trying to reserve my time. Be it enacted by the Senate and House of Rep- public with important information The Acting CHAIR. The gentlewoman resentatives of the United States of America in about mandatory school-based health Congress assembled, cannot reserve her time. center funding that will no longer be Ms. JACKSON LEE of Texas. Let me SECTION 1. REPEALING MANDATORY FUNDING available for them to receive these pre- FOR SCHOOL-BASED HEALTH CEN- make the point that in earlier debate TER CONSTRUCTION. ventative care services. today, the Chair allowed me to reserve, (a) IN GENERAL.—Subsection (a) of section This amendment also assists my good and so I take issue with the ruling. And 4101 of the Patient Protection and Affordable friends on the other side of the aisle by what is the basis of the ruling? Care Act (42 U.S.C. 280h–4) is repealed. permitting them to easily show the The Acting CHAIR. Under the 5- (b) RESCISSION OF UNOBLIGATED FUNDS.—Of American public that they are cutting minute rule, the gentlewoman has to the funds made available by section 4101(a) of public spending. But yet we must use her time or yield back her time. the Patient Protection and Affordable Care weigh the balance—cutting spending, She may not reserve her time. Act (42 U.S.C. 280h–4(a)), the unobligated bal- or alleging that you are going to ben- Ms. JACKSON LEE of Texas. Can I ance is rescinded. efit from these cut funds, and under- have an explanation as to why I was al- The Acting CHAIR. No amendment mining the health care system of lowed to do so previously? to the bill shall be in order except America. The Acting CHAIR. The Chair would those received for printing in the por- b 1830 tell the gentlewoman that the Com- tion of the CONGRESSIONAL RECORD des- mittee is operating under the 5-minute ignated for that purpose in a daily When the Congress passed the Afford- rule and the time is not controlled. issue dated May 2, 2011, and except pro able Care Act in 2010, and the President Ms. JACKSON LEE of Texas. So to forma amendments for the purpose of signed it into law, the Department of my parliamentary inquiry, the answer debate. Each amendment so received Health and Human Services was given is that we’re under the 5-minute rule? may be offered only by the Member a mandate to provide funding for ex- The Acting CHAIR. That is right. who caused it to be printed or a des- panded and sustained national health Ms. JACKSON LEE of Texas. Let me ignee and shall be considered read. investment in school-based health cen- just indicate that school-based clinics

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.124 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2984 CONGRESSIONAL RECORD — HOUSE May 3, 2011 represent a source of homeland secu- growth in private and public health costs. This Additional factors indicative of the health rity, and in fact what we will find is we was already a cost cutting measure. status of a child living in a medically under- will stop States in their tracks for try- Nearly every State has School-based health served area include the ability of residents to ing to provide the kind of health care centers (there are about 2,000 of these) pay for health services, accessibility of such not only for the children going to Provides mandatory funds for building and services, and availability of health profes- school every day to be able to protect improving school-based health centers. sionals. them, but also in a long-range effort. There are 350 Applications for 46 States Children in our proud nation should have Does anyone remember H1N1? I do, with shovel—ready projects. access to health services. This is a reason- because I went to my schools where If H.R. 1214 is passed it will repeal these able solution to a serious problem. there was an epidemic of H1N1. And we funds and kill jobs. Right now there are children who do not had it all across the Nation. We were According to the Texas Department of have the financial resources to receive ade- panicked. I will tell you that school- Health Services there are approximately 8 to quate care. Even with the necessary financial based clinics can be a source of relief 10 people employed at the 85 existing health resources they would not have adequate ac- for children either coming to school centers. More than 20 of these health centers cess to medical services in their area. Pro- with infections or some devastation are currently in Houston. viding grants to build or renovate school- A study conducted by John Hopkins Univer- coming about. based health centers to protect the health of sity found that school-based health centers re- I would ask my colleagues to support our children, create jobs and increase access duced inappropriate emergency room use this very simple amendment which to medical services in underserved areas among regular users or school-based health gives to the American public the rea- should be our priority. centers son why we shouldn’t cut these funds. A national multi-site study conducted by Mr. Chairman, my amendment is essential Cutting funds, killing health care. Cut- Mathmatica Policy Research Institute found a to provide greater consideration to this sen- ting funds, killing health care. Support significant increase in health care access by sitive issue by affording an opportunity for the this very thoughtful amendment that students who used school-based health cen- public to review the Department of Health and provides you with the reason for us ters: 71 percent of students reported having a Human Services Web site information about being able to support school-based health care visit in past year compared to 59 mandatory school-based health center fund- health clinics, for homeland security, percent of students who did not have access ing. This public notice will include information for the ability to evacuate and be se- to a school-based health center. about rescinded mandatory funds from Section cure in times of disaster and, yes, to This program has been attributed to a re- 4101(a) as well as the amount of funds that take care of the millions of children duction in Medicaid expenditures related to in- will be rescinded. This amendment will once and respond to the States that are not patient, drug and emergency department use again allow the American people to have ac- Democratic or Republican who have 350 to use of school-based health centers. curate information about the impact this cut in applications on the record. I ask my government spending will have on our Na- FUNDING PROVIDED colleagues to support the amendment. Section 4101(a) the Affordable Care Act tion’s medically underserved children and jobs Mr. Chairman, I would first like to state my mandates the Department of Health and created as a result of this program. I urge my clear position that I am adamantly opposed to Human Services to use any Funds from the colleagues to join me in supporting my H.R. 1214 and its repeal of the important man- Treasury in the following amounts for School- amendment. I yield back the balance of my time. datory funding for School-Based Health Center based health center construction and improve- Mr. BURGESS. I move to strike the Construction Prevention and Public Health ment projects: last word. Fund created under the Affordable Care Act. Fiscal Years 2010 2013—$50,000,000 per The Acting CHAIR. The gentleman is The funding saves lives and saves money. year for a total of $200,000,000. If H.R. 1214 to repeal mandatory funding for recognized for 5 minutes. USE OF FUNDS School-Based Health Center Construction pro- Mr. BURGESS. Mr. Chairman, the The mandatory funds appropriated for Jackson Lee amendment would require vided under Section 4101(a) of the Patient School-based Health Centers are a corner- Protection and Affordable Care Act is enacted the Secretary of Health and Human stone of the Affordable Care Act. Services to post on the HHS public Web into law: Section 4101 provides grants to establish site a notice of the rescission of unobli- WHAT MY AMENDMENT DOES school-based health centers. Eligible entities gated balances from the mandatory Requires the Department of Health and must be a school-based health center or a funding for school health center con- Human Services to post public notice on its of- sponsoring facility of a school-based health struction provided under section 4101(a) ficial web site that the Mandated Funds from center. They must assure that the funds of the Patient Protection and Afford- Section 4101(a) of the Patient Protection and awarded under the grant will only be used for able Care Act, and the amount of that Affordable Care Act including the amount of services authorized or allowed by Federal, rescission. the funds that will be rescinded. State, or local law. Mr. Chairman, I support trans- This Amendment will provide the public with Preference is given to school-based health parency in government. I actually wish important information about Mandatory centers that serve a large population of chil- there was more transparency, espe- School-Based Health Center Funding that will dren eligible for medical assistance under the cially when the last Congress was put- no longer be available for them to receive nec- State Medicaid plan. essary preventive health care services. Further the funds can only be used only for ting together this new health care law. This Amendment also assists my Repub- expenditures for facilities, equipment, or simi- We still do not know why it is certain lican Colleagues by permitting them to easily lar acquisitions. No funds will be used for ex- projects were given mandatory funding show the American Public that they are cutting penditures of Personnel or to provide health and others were determined to be dis- government spending, by how much they are services. cretionary programs. No explanation cutting spending, and where they are cutting Appropriations. The funds have already has been given as to why construction government spending. So I expect that my Re- been appropriated for fiscal years 2010 of these facilities is mandatory and yet publican Colleagues will fully support this through 2013. $50,000,000 a year for a total the staffing remains discretionary. Amendment. of $200,000,000. Paying for construction of health cen- Purpose of the Mandatory Funding for Grants support the core services offered by ters has always been the responsibility School-Based Health Center Construction Pre- school-based health centers includes com- of States and localities and the Federal vention and Public Health Fund Created under prehensive primary health services from health Government would help with the staff- the Affordable Care Act. (Section 4101 of the assessments, and treatment of minor, acute, ing. The Patient Protection and Af- Affordable Care Act) and chronic medical conditions to mental fordable Health Care Act turned that When Congress passed the Affordable Care health and substance use disorder assess- long-term policy on its head. Act in 2010 and the President signed it into ment including crisis intervention, counseling I recognize that the Democrats in the law, the Department of Health of Human Serv- and treatment. House of Representatives, now the ices was given the mandate to provide funding They do not provide abortion services. House minority, did not write the bill. for expanded and sustained national health in- The program is designed to aid children re- In fact, the bill was written behind vestment in School-based Health Center con- siding in areas designated as medically under- closed doors in the Senate and prob- struction programs to improve access to Clin- served or has a shortage of health profes- ably at a coffee shop down by the ical Preventive Services and help restrain the sionals. White House. Yet no one who was in

VerDate Mar 15 2010 05:05 May 04, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.129 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2985 the room or at the coffee shop will ex- rity Act (42 U.S.C. 1397jj(c)(9)). Not later dollars. That’s, after all, regular order. plain how the bill came to be. than 1 year after the date of the enactment That’s the way we are supposed to do If the author of this amendment feels of this Act, the Comptroller General shall it; not simply throw the money out that this would increase transparency, submit to the Congress a report setting forth the results and conclusions of the study after a program because we feel that it then I will support the amendment. I under this subsection. may be a good program or we believe would hope that all Members would The Acting CHAIR. The gentleman that it may be a good program, no. take the opportunity to increase trans- from New Jersey is recognized for 5 We’re dealing with taxpayer dollars. It parency and demand transparency on minutes. is our obligation to show those dollars how the backroom deals that sealed Mr. PALLONE. Thank you, Mr. are going to be wisely spent and then the fate of our health care system in Chairman. proceed with the authorization and the hands of Washington bureaucrats This amendment provides for a GAO then the appropriation. came to pass. study to determine school districts I believe this amendment will help in Mr. Chairman, I urge an ‘‘aye’’ vote most in need of constructing or ren- that process, and I urge support of the on the amendment, and yield back the ovating school-based health centers. amendment. balance of my time. Basically, it asks the Controller—or I I yield back the balance of my time. Mr. PALLONE. Mr. Chairman, I should say mandates the Controller—to The Acting CHAIR. The question is move to strike the last word. conduct a study to determine the on the amendment offered by the gen- The Acting CHAIR. The gentleman school districts most in need of con- tleman from New Jersey (Mr. from New Jersey is recognized for 5 struction and renovation, and not later PALLONE). minutes. than 1 year after the date of the enact- The question was taken; and the Act- Mr. PALLONE. I yield to the gentle- ment, the Controller has to submit to ing Chair announced that the ayes ap- woman from Texas. the Congress a report setting forth the peared to have it. Ms. JACKSON LEE of Texas. I just results and conclusions of the study Mr. PALLONE. Mr. Chairman, I de- rise to thank the gentleman from under this subsection. mand a recorded vote. Texas for accepting this amendment. I Mr. Chairman, I know we’ve had a lot The Acting CHAIR. Pursuant to think it shows that though we may of debate today about money, but the clause 6 of rule XVIII, further pro- have positions that differ on the under- fact of the matter is that the $50 mil- ceedings on the amendment offered by lying legislation, this is an initiative lion per year doesn’t actually cover the the gentleman from New Jersey will be for transparency, and it will help ex- costs of all of the schools that have re- postponed. plain to the American people. quested and applied for construction or Mr. BURGESS. Mr. Chairman, I move Let me also conclude by saying that renovation funds. That’s why I would that the Committee do now rise. it should be very clear that this fund- like to have this amendment passed The motion was agreed to. ing is not used for health care, in par- and hopefully accepted by the other Accordingly, the Committee rose; ticular, on personnel. But it is to build side so that we can find out exactly and the Speaker pro tempore (Mr. the structures that will provide and how many more of these clinics, or cen- DUFFY) having assumed the chair, Mr. protect children to be able to have ters, are in need of funding. SIMPSON, Acting Chair of the Com- these clinics, more access to health I yield back the balance of my time. mittee of the Whole House on the state care for communities, and a source and Mr. BURGESS. I move to strike the of the Union, reported that that Com- site to be able to protect people who requisite number of words. mittee, having had under consideration are impacted by natural or manmade The Acting CHAIR. The gentleman is the bill (H.R. 1214) to repeal mandatory disaster. recognized for 5 minutes. funding for school-based health center With that, I would ask my colleagues Mr. BURGESS. Mr. Chairman, I rise construction, had come to no resolu- to support this legislation. in support of the amendment. The tion thereon. amendment requires the Government Mr. PALLONE. I yield back the bal- f ance of my time. Accountability Office to conduct a The Acting CHAIR. The question is study to determine the school districts HONORING THE RECENTLY FALL- on the amendment offered by the gen- in the United States most in need of EN SOLDIERS IN AFGHANISTAN tlewoman from Texas (Ms. JACKSON constructing or renovating school- The SPEAKER pro tempore (Mr. LEE). based health centers. SIMPSON). Under the Speaker’s an- The question was taken; and the Act- Actually, the amendment is refresh- nounced policy of January 5, 2011, the ing Chair announced that the ayes ap- ing. I only wish we would have had an gentlewoman from Texas (Ms. JACKSON peared to have it. opportunity to have this discussion in LEE) is recognized for 60 minutes as the Ms. JACKSON LEE of Texas. Mr. our committee a year and a half ago designee of the minority leader. Chair, I demand a recorded vote. before the Patient Protection and Af- Ms. JACKSON LEE of Texas. Mr. The Acting CHAIR. Pursuant to fordable Care Act passed. This amend- Speaker, I am delighted to have the op- clause 6 of rule XVIII, further pro- ment underscores one of the major portunity to be on the floor for such an ceedings on the amendment offered by flaws in the Patient Protection and Af- important issue and joined by my col- the gentlewoman from Texas will be fordable Care Act. leagues. postponed. b 1840 I am holding the time until the dis- AMENDMENT NO. 2 OFFERED BY MR. PALLONE Rather than conduct hearings and tinguished gentleman from Louisiana Mr. PALLONE. Mr. Chairman, I have markups on this specific program, the (Mr. RICHMOND) arrives. But let me just an amendment preprinted in the school-based health center construc- indicate that this is an enormous crisis RECORD as amendment No. 2 to H.R. tion fund was lumped in with hundreds when nine of our soldiers are killed in 1214, as the designee of Representative of other programs in a 2,700-page bill. I the way that they were killed in Af- CAPPS. think the amendment will help the ghanistan. And for many of us who are The Acting CHAIR. The Clerk will Congress determine whether the need concerned about the continuing con- designate the amendment. exists and to quantify the target dol- flict and the next steps, it is important The text of the amendment is as fol- lars in a careful manner. to be able to offer our sympathy to lows: My only regret—my only regret—is their families and, as well, to be able to In section 1, add at the end the following: that in the last Congress the then ask for an investigation as to the basis (c) GAO STUDY TO DETERMINE SCHOOL DIS- Democratic majority did not request of their loss. TRICTS MOST IN NEED OF CONSTRUCTING OR this study before providing $200 million So it is important tonight that we RENOVATING SCHOOL-BASED HEALTH CEN- in mandatory funding for the school- educate our colleagues about the chal- TERS.—The Comptroller General of the lenges that those brave soldiers faced, United States shall conduct a study to deter- based health center construction under mine the school districts in the United the Patient Protection and Affordable the conditions under which they lost States most in need of constructing or ren- Care Act. their lives, and to say to their families ovating school-based health centers (as de- Congress should determine the need that we will not rest until we have the fined in section 2110(c)(9) of the Social Secu- before authorizing and appropriating opportunity to secure all of the facts

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.130 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2986 CONGRESSIONAL RECORD — HOUSE May 3, 2011 and to be able to establish a reaction protecting America’s interests abroad serve in our military and one civilian, or a basis on seeking a response from and helping to keep our country safe a civilian contractor, A retired lieuten- the Afghan Government and certainly from threats far and wide. ant colonel. So there were also officers from those who are in supervision of I am joined by a couple of my col- and enlisted people, and all of them the Armed Forces in the region, in the leagues who were with me on a fact- gave the ultimate sacrifice serving for theater. finding trip. us in Afghanistan, and it was also the With that in mind, as we offer our b 1850 largest loss of life for the U.S. Air sympathy and express our desire for a Force since the Khobar Towers were full understanding and story as to what We will focus on the sacrifice made bombed by Osama bin Laden some 12 or happened, Mr. Chairman, let me just by these brave men and women, as well 13 years ago. say I look forward to a full airing of as the sacrifices being made by all of Tonight, we are joining here—and I this unfortunate circumstance, and I our brave men and women on a daily think we are going to be joined by oth- hope that we will continue to seek in- basis. ers that were on the trip—to talk about formation for these families and on be- With that, Mr. Speaker, I want to these individuals and honor these indi- half of these brave soldiers. yield to Congressman BILL SHUSTER, viduals. I yield back the balance of my time. who will have the opportunity to not With that, the first person that we The SPEAKER pro tempore. Under only talk about one or two or three of want to honor is Major Jeffrey O. the Speaker’s announced policy of Jan- the individuals who gave the ultimate Ausborn. He was in the NATO Air uary 5, 2011, the gentleman from Lou- sacrifice but just on the experience in Training Command in Afghanistan. isiana (Mr. RICHMOND) is recognized for Afghanistan, where we are, the Major Ausborn was born in August 1969 the remainder of the minority leader’s progress we’re making. in Hokes Bluff, Alabama. His military hour. Mr. SHUSTER. I thank the gen- career began on August 9, 1991, after Mr. RICHMOND. Mr. Speaker, I want tleman from Louisiana for yielding and being commissioned as a second lieu- to first, before I start, thank the gen- thank the gentleman for traveling with tenant from the Troy State University tlewoman from Texas, Congresswoman us on our codel, which was a bipartisan Reserve Officer Training Corps. After SHEILA JACKSON LEE, not only for in- codel made of up six Members—2 completing basic communications offi- troducing this segment tonight but for Democrats, 4 Republicans—and we cer training at Keesler Air Force Base, the work that she has done for people traveled to, obviously as the gentleman he remained as an instructor for nearly all across the country, and especially from Louisiana said, to Afghanistan. It 4 years, and in 1996, Major Ausborn was when you talk about disasters. She was was, I think, an eye-opening experience selected for undergraduate pilot train- there for the city of New Orleans in the for all of us getting to see and hear ing and proceeded to Columbus Air metropolitan region after Hurricanes firsthand from not only our military Force Base where, as a pilot trainee, he Katrina and Rita to make sure that ev- leaders but also soldiers who were in went on to earn the coveted wings of eryone was included in the rebuilding the field and traveling out to Herat silver. and the reconstruction, and it was a lot Province and be able to go to a village Major Ausborn went on to fly the C– of her effort that made sure that we and talk to the village elders, the peo- 130, eventually completing two flying could rebuild the city of New Orleans. ple that 18 months ago in this village it tours in the mighty Herk. In 2001, he And as we have just suffered losses was controlled by the Taliban. Today, joined the air education and training around the country with the tornadoes with the help of the U.S. Special command as an instructor pilot. Major that hit, I’m reminded of Hurricanes Forces, the Taliban is gone and the Ausborn spent 9 years of that command Katrina and Rita, but more impor- people of this community, the people of transitioning through the T–37, the T– tantly, Mr. Speaker, I am reminded of this village and region are setting up 6, and T–1 aircraft at Laughlin and the people in this Congress who go their own police force. Randolph Air Force Bases. above and beyond to make sure that we The village elder committed to us In November of 2010, Major Ausborn take care of everyone in this country. that he would never allow the Taliban joined the NATO Air Training Com- And for that I want to thank Congress- to come back and how much he appre- mand in Afghanistan as a C–27 eval- woman SHEILA JACKSON LEE. ciated the support of U.S. Special uator pilot and the chief of current op- Mr. Speaker, tonight I want to focus Forces and their training and the fact erations with the 538th Air Expedi- on our brave soldiers who recently fell that they were living with them in the tionary Advisory Squadron. His awards in Afghanistan. We want to focus on community, 30 of our Special Forces in include the Bronze Star Medal, the their sacrifice. We want to focus on two different compounds, again offer- Meritorious Service Medal, and the their bravery. We want to focus on ing training and guidance to these Aerial Achievement Medal. their legacy. folks that live out in a very, very rural Major Ausborn is survived by his Last week, on a diplomatic military part of Afghanistan and actually 50 to wife, Suzanna; daughters, Emily and congressional delegation which was 60 miles from the Iranian border. And Shelby; son, Eric; and stepchildren, headed up by and whose idea was Con- they’re doing good work. So we saw Summer and Mitchell. gressman BILL SHUSTER’s, he also went those kinds of positive developments. Our hearts and prayers go out to that the extra mile to make sure that he in- Of course, we all know what hap- family, for their loved one who gave cluded freshmen Members in that so pened at the end of this weekend. Our the ultimate sacrifice. It is with that that we would get a chance to see Special Forces were able to go in and tonight that we remember Major Jef- what’s going on over there. So last kill Osama bin Laden and bring justice frey O. Ausborn. week while on a diplomatic and mili- to him, and America’s grateful for I yield to my colleague from Wis- tary delegation in Europe and Afghani- their efforts. consin. stan, I attended a memorial service for As my colleague said, we were also Mr. DUFFY. I’m grateful for the gen- the following heroes on this board. able to participate in two ceremonies. tleman from Pennsylvania. They are: One was a ramp ceremony of one of our You know, we were on a trip to- Lieutenant Colonel Frank Bryant, fallen heroes. They actually put the gether, a bipartisan trip to Afghani- Jr.; Major David Brodeur; Major Phil- coffin on the plane to bring it back to stan, and as we were able to tour the lip Ambard; Major Raymond Estelle; Dover Air Force Base to meet its final country and meet with our military Major Jeffrey Ausborn; Captain destination, and then also a ceremony leaders, our CIA and our State Depart- Charles Ransom; Captain Nathan to honor the nine fallen Americans ment, it was for me an interesting trip Nylander; Retired Lieutenant Colonel that were killed by an Afghan pilot, in that you see that support of our James A. McLaughlin; Technical Ser- somebody they had been working with young men and women who are over- geant Tara Brown; Private First Class for 9 months, somebody they trusted, seas fighting for their country does not Jonathan Villanueva; and Staff Ser- who came in during a meeting last have political boundaries. Our group on geant Matthew Hermanson. These are week, and brought in a weapon and this trip came together and unani- just some of the faces of those who killed nine people. They were not all mously were supportive of the men and have made the ultimate sacrifice while military. There were eight people that women who we have sent to defend this

VerDate Mar 15 2010 03:29 May 04, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.134 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2987 country, and I think it was quite re- And now, Mr. Speaker, I would like the other 99 percent. And, unfortu- markable to see this team come to- to yield to the gentleman from Con- nately, there are more and more that gether. necticut, Congressman CHRIS MURPHY, aren’t coming home. Before I talk further, I would like to who was the senior Democrat on the In Connecticut, as I got the chance to yield to the gentleman from Louisiana. trip who provided an awful lot of guid- remark in a short speech before the Mr. RICHMOND. I thank Congress- ance as a senior Member of Congress in House of Representatives 2 weeks ago, man DUFFY for yielding, and I know terms of what we were seeing and the we have taken an abnormally large that your constituent and the person effect of it also. number of casualties for a small State from Wisconsin was someone that you Mr. MURPHY of Connecticut. Thank in the past 2 months. Unfortunately, wanted to talk about and you had the you very much, Representative RICH- one of the nine airmen that were killed privilege of performing the ramp act. I MOND. It is kind of scary that I get sen- in the attack at the Kabul Inter- wanted to give you chance to switch ior status in my third term, but things national Airport was Raymond Estelle podiums so that you can go down now move fast here in the United States II. Major Estelle was born in Con- that we have the pictures presented, House of Representatives. necticut. Although he had moved away, but I also wanted to take a minute to I want to thank the gentleman from he was a native of the Nutmeg State. say what a ramp act is. Louisiana for bringing us together for His military career spanned two dec- And it’s a ceremony performed in the this Special Order hour. I have been ades back to November 1991 with his country of the soldier’s death. It’s not here now for 5 years. And when votes enlistment in the U.S. Air Force. After a funeral but it’s a memorial, and it’s are done and you go back to your office completing basic military and tech- good-bye to a fallen soldier on their re- to get some work together for the next nical training, Raymond served as an turn home. So this solemn ceremony, day, we often flip on the TV, and we enlisted aerospace ground equipment it may have words by a chaplain or watch these Special Order hours as, technician, rising to the rank of senior commanding officer, but it’s just a frankly, millions of Americans do airman before earning his commission very, very surreal experience in the across the country. What you see every through the Reserve Officer Training fact that all of the troops are out night essentially starts to look the Corps at the University of New Mexico there, and we had a chance to partici- same. You see Republicans on one side in 1998. pate in that, to watch one of our fallen having 1 hour, and Democrats on the Major Estelle was most recently as- soldiers get put back on a plane to be other side having another hour. Too signed as the communications adviser sent home to his parents and the fam- often that time is spent by both parties to the Afghan Air Force with the 838th ily that he left behind. So that is our talking down the other side. Air Expeditionary Advisory Group. It farewell for them, and I will tell you This is unique, to have Members of was in that capacity that he was serv- that the ceremony is performed for all both the Republican and Democratic ing in Afghanistan. It was in that ca- coalition forces, not just the U.S. mili- side joining together in a testimony to pacity that he had befriended the Af- tary. something that binds us as Republicans ghan airman who eventually turned his So it was that ceremony that we had and Democrats, conservatives and lib- weapon on nine Americans. a chance to participate in, and it was erals, whatever we are in this Nation. Major Estelle’s awards include the one that was very humbling, something We know how important it is to sup- Bronze Star Medal, the Meritorious I will never forget. port our men and women abroad and Service Medal, the Air Force Com- With that, I will yield to the gen- then to memorialize them when they mendation Medal with one oak leaf tleman from Wisconsin, Congressman don’t come home. And you know what, cluster, the Joint Service Achievement DUFFY, to talk about his constituent if you got any of us individually and Medal, and the Air Force Achievement who we had the privilege of watching asked what our perceptions were of our Medal with one oak leaf cluster. and participating in that ramp act. trip and of the future of the war in Af- He is survived by his wife, Captain Mr. DUFFY. I’m grateful to the gen- ghanistan, you would probably get dif- N’Keiba Estelle, his daughters Chanelle tleman from Louisiana for yielding. ferent stories. But you won’t get dif- and Shayla, his son Raymond III, and I do want to briefly talk about one of ferent stories when it comes to the re- his mother Regina. our Wisconsin heroes who last week spect that we have every day for the As we sat there listening to the final was fighting for his country in the men and women who fight for us and I roll call of that unit with nine of its Wardak Province. It’s Matthew think the new understanding you get of members missing, we read through the Hermanson, who is pictured here in the the threats that are posed to these biographies of the nine that were lower left corner of our diagram. He is brave soldiers when you spend a little killed. We noted that almost all of from Appleton, Wisconsin, and he is bit of time in theater. them had children, young children, survived by his wife and his parents. Not only did we have the tragic three, four, five kids. And as Rep- He was, again, last week fighting for honor of being part of a ramp ceremony resentative DUFFY so aptly said, as his country. He was part of the 2nd and then a memorial service for the many Americans are celebrating in the Battalion, 4th Infantry Regiment, 4th nine airmen and civilians that perished street the heroic achievement of our Brigade Combat Team, 10th Mountain in the attack at the airport, but we got Special Forces in taking down one of Division, and the division’s 4th Brigade the chance a day later to walk the the most evil people ever to walk this is stationed in Fort Polk. beat, essentially, with some of our Spe- Earth, there are other families that are In Wisconsin, we have like many cial Forces units in one of the western grieving today for those who put their States suffered losses recently, and our provinces of Afghanistan. And that’s lives on the line to protect the other 99 hearts go out to the family, the par- where you realize how dangerous this percent of us. And for my constituent ents of Matt and to his wife, who at a job is in a remote outpost with mud Raymond Estelle, we grieve in Con- time when many Americans are cele- walls. A couple dozen of our bravest are necticut today. brating what has happened in Pakistan trying to do their best to provide some Mr. RICHMOND. Thank you, Con- with Osama bin Laden, this family and security for Afghans in Herat province gressman MURPHY. I think that you other families are grieving the loss of who had barely seen a coalition or brought up a very good point, which their loved one. And here is a great American soldier before the last year, was the observation of the sacrifice and Wisconsin hero, a great American hero trying to cobble together the money the fact that as we looked at all of the who was fighting for his country who that they had at their disposal to build boots and the helmets of the nine gave us the ultimate sacrifice in his some infrastructure projects to make troops during that boot ceremony, the pursuit for freedom. And I am grateful the lives of the community members fact that it crossed all lines. It crossed for all that he has given his State and and the tribe members better. partisan lines. It crossed racial lines. It his country, and we are proud of him. Whatever you think about the future crossed geographic lines, and it cer- course of this war, we have got our best tainly crossed different income levels. b 1900 and our brightest fighting for us over So I just wanted to reiterate that the Mr. RICHMOND. Thank you, Con- there. We have 1 percent of Americans reason why we are here today with gressman DUFFY. fighting for this country, protecting such a bipartisan and diverse group

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.136 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2988 CONGRESSIONAL RECORD — HOUSE May 3, 2011 showing our appreciation is because the Americans, whatever the NATO we’re joined on the floor by a few of that was one of the things that was so forces need them to do, whether it’s our other colleagues here. I would just noticeable when we participated in combat, whether it’s Special Forces, underscore the remarks of Representa- that ceremony, the fact that it was a whether it’s supporting the NATO tive SHUSTER. Although Americans very diverse group. troops and the American troops in clearly are carrying the burden of oper- But there was one consistent and one some other way. So it’s really impor- ations in Afghanistan, we do have part- overwhelming issue, one overwhelming tant that we, as Americans, know these ners there. And many of our partners purpose, and that was to make sure countries and support what they do for increased their commitment to Af- that the United States of America us. ghanistan, as the United States did. stays the best country on Earth and to When people think and they hear Others have walked away and drawn make sure that this next generation, that Georgia was to provide 900 troops down their commitment. But we are we leave them and we give them the to the effort in Afghanistan just re- fortunate that we are not fighting this opportunity to succeed and the oppor- cently, a lot of people would say, Well, fight alone there, and that we do have tunity to live in peace. that’s not a very big force. But when partners. And I think it’s important for I will just quickly read, and it was you look that it’s a country of about us to remind Americans of that, but one night while we were meeting in 4.5 million people, that would be the also remind many of our allies that Batumi, and we were having a deep equivalent of the United States con- this fight is an international fight be- conversation about the sacrifice that tributing 80,000 to 90,000 troops to the cause, though the most high-profile of our children are making, the sacrifice effort. So it’s really a big contribution, terrorist attacks in this world were that the troops were making. And and we owe a debt of gratitude to those those on New York and Washington, there was a parliamentarian from countries that do that around the D.C., and the fields of Pennsylvania, Batumi who used the John Quincy world. the next terrorist attack could be any- Adams quote, and it was the sentiment b 1910 where in this world. And our ability to of everyone. So I just thought that I As my colleagues have been talking push al Qaeda to the brink of extinc- would point out that quote and read it about, we’re honoring those nine that tion is a global effort, not just an to everybody. Mr. Speaker, it is so on were killed last week in Afghanistan. American effort. In addition to those that we’ve noted point that I thought people needed to And of the nine, as I said earlier, eight hear it: ‘‘I must study politics and war, were in the U.S. Air Force, but one was already, there was another airman who that my sons may have the liberty to a civilian, a contractor. That person we memorialized that day, and I would study mathematics and philosophy, ge- was Lieutenant Colonel (Ret.) James like to just for a brief moment of time ography, natural history and naval ar- McLaughlin, or as he was commonly talk about Major Charles A. Ransom. chitecture, navigation, commerce, and known as ‘‘Jimmy Mac,’’ was one of Major Ransom was born in 1979. He at- agriculture, in order to give their chil- the nine. tended the Virginia Military Institute, dren a right to study painting, poetry, James Aloysius McLaughlin, Jr. was and he earned a baccalaureate of music, architecture, statuary, tap- born on June 16, 1955. He graduated science in computer science. And he re- estry, and porcelain.’’ That is John from Drexel University with a bachelor ceived his ROTC commission in the Quincy Adams. of science degree and earned a master’s United States Air Force as a second Mr. Speaker, I would just again reit- degree in business administration from lieutenant on the 18th of May, 2001. It erate the fact that it seems like we the University of Phoenix. Jim retired was in that year that he deployed for have been fighting forever to make from the U.S. Army as a lieutenant the first time in support of Operation sure that we give those next genera- colonel in 2007 after service in Iraq. Enduring Freedom. Then in 2006 he de- tions the freedom and that they don’t His civilian career included program ployed again in Turkey in support of have to concentrate on war so much manager, product marketing manager, Operations Enduring Freedom, Iraqi and that they don’t have to ship their and applications engineer manager Freedom and Fundamental Justice. children off to war and we don’t have with LEMO USA. Jim’s most recent And then in 2009 he deployed to Bagh- to welcome our troops back home in service was as a contractor with L3 dad, Iraq, in support of Operation Iraqi caskets. That is the sacrifice we are Communications, MPRI Division, sup- Freedom. Finally, in 2011 he deployed making, and we hope that we make porting the NATO Training Command for the last time to Afghanistan in Op- that sacrifice so that the next genera- mission in Kabul, Afghanistan. During eration Enduring Freedom. tions can study the arts and the cul- that time, he was a senior mentor to He is survived by his mother and fa- ture and all of those things. both the Ministry of Defense and the ther, SGM (Ret.) Willie and Marysue With that, Mr. Speaker, I yield to the Afghan Air Force. Jim held military Ransom, and his brother, Chief Petty leader of that congressional delegation, and civilian ratings in both rotary and Officer Stephen Randolph. BILL SHUSTER. fixed wing aircraft. One of his passions From those that talked about Major Mr. SHUSTER. I thank the gen- was his ham radio, and he held a cur- Ransom, they talked about what a tre- tleman, and I appreciate the gentleman rent amateur radio license. He had a mendously important figure he was in talking about the meeting with other network of fellow ham radio operators our operations in Afghanistan. But his parliamentarians in some of the other throughout the United States and the story and his background are not un- countries that we visited, from the world. common in two ways. Czech Republic to Azerbaijan to Geor- James McLaughlin is survived by his First, Major Ransom comes from a gia. And one of the things all three of wife, Sandra, and their three children, military family. Both his brother and those countries have in common is Adam, Eve and James, all of Santa his father have served and are retired they are really great allies of the Rosa, California. from the armed services. And that’s United States of America. All of those All Americans should keep their fam- how it goes. This becomes a family oc- countries contribute forces not only to ilies in our thoughts and our prayers cupation, a family passion. There are Afghanistan but to Iraq. and we give, again, a thank you not millions of families around this coun- Currently, they either have troops only to James McLaughlin for giving try who have the kind of commitment there or have troops just returning. the ultimate sacrifice, but for his fam- that the Ransom family did. And while And you look at a country like Azer- ily that had to suffer this great, great we pay our respects to those individ- baijan, which lies in a rough neighbor- loss. uals who served, we, frankly, have to hood between Iran to the south and Mr. RICHMOND. Thank you, Con- remember that this is not just an indi- Russia to the north; Georgia sits on the gressman SHUSTER. vidual commitment. This is not just an Russian border and has had problems With that, I will yield to Congress- individual sacrifice; this is a family with Russia; but when those countries man CHRIS MURPHY so that he can sacrifice, that the whole family serves, send their troops to fight shoulder to again pay tribute to another one of our whether they are serving through shoulder with the Americans, they fallen American heroes. brothers and sister and fathers and have no caveats, which means that Mr. MURPHY of Connecticut. Thank mothers who have been members of the their troops are allowed to do whatever you, Representative RICHMOND. I know military, or whether they simply serve

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.138 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2989 by picking up and doing a little bit born in Caracas, Venezuela, on the 4th on there. It was an opportunity to real- more for their family while their loved of April, 1967. He lived in Venezuela ly go out and see what our guys go one is away. until he was 12 years old, at which time through on a daily basis. But he’s also not unique in the fact he moved to America, and he was then Being put in a camp there in western that this was his fourth deployment. living in Edmonds, Washington. Afghanistan and seeing the relation- When we talk about the heroes from Now, he started his military career ships and the support they’re building previous wars, they are no less heroes in 1985. He enlisted in the United with the Afghan people was tremen- because they only served one or two States Air Force. With a stellar en- dous. Building those friendships really tours. But there is something unique listed career, he rose to the rank of allows our troops and all of our allied about the last 10 years in that there master sergeant. From there he at- troops to go in there, to make friends are more and more people like Major tended night school, all the while rais- with them and to help them defend Ransom who have gone back, not just ing a young family, and he obtained his their own country. No matter where we for a second time, not just for a third bachelor’s degree. went on this trip, there was a sense of pride that everybody had in them- time, but in Major Ransom’s case, for a b 1920 fourth time. selves, in their country and in their He did it, and I can’t speak for the He was then selected to go to Officer warfighters: that we were all out there, reasons why he did it. But I imagine he Training School in 2000. He was given fighting for democracy and freedom. did it because he knew of the impor- his most recent assignment as a for- When you talked to the troops, you tance of the work that he was doing. eign language professor at the Air could really see it in their eyes even He knew that he didn’t want to leave Force Academy in Colorado Springs. when they asked the question: What is his men and women behind to do it on He taught both Spanish and French. the end? When is the end? You looked their own. As we’ve discussed here, the loss of at them and said, Well, the end is to And unfortunately, Representative one of our military men or women is give these people the opportunities RICHMOND, Major Ransom didn’t come felt throughout the family. Major that we have. The scary thing about it back from his fourth deployment. But Ambard was survived not only by his is a lot of the Afghani people don’t un- we owe him and his family, frankly, a wife, Linda, but by his five children— derstand what it is to live in a democ- degree of gratitude beyond words for Alexander, Timothy, Joshua, Patrick, racy, what it is to have freedom. their service and their sacrifice as an and his daughter, Emily; by his mother You could always see the twinkle in entire family. and father; and by his sister, Diana. our troops’ eyes when you said that to Mr. RICHMOND. Thank you, Con- I know, as they go into this week and them because you could sense that gressman MURPHY. I yield to the gen- into the coming months and years, some of them were thinking, Well, tleman from Wisconsin. they will mourn the loss of their fa- when is this going to be over? Then you Mr. DUFFY. I appreciate the gen- ther, their son, their brother, their just refresh their memory on what tleman from Louisiana for yielding. husband. I just want Major Ambard’s they’re fighting for. They’re fighting And I would echo the sentiment as family to know that we are grateful for for our freedom. They’re fighting for stated by the gentleman from Con- his service, that we are grateful for the the freedom of other human beings. It necticut. I think he’s right. You look sacrifice he made for his country, and was truly an honor to go over there and at the families and how they suffer that we are grateful to them for the witness that and experience that and when they lose one of their sons or sacrifice they are making, for they really just say ‘‘thanks’’ to all of them. daughters or fathers or mothers. It don’t have their loved one at home As my colleague said, I had some- truly is felt. I think it was well said. with them tonight, sharing a meal, and what of a rock star mentality over Just quickly, as we were on this trip, they’re not going to have Christmases there. Everyone asked me, Can I get a we had a chance not just to go to Af- and birthday parties together. That, picture? I can’t give you enough time ghanistan, but this bipartisan delega- most definitely, is a sacrifice they will in the world for what you’re doing for tion had a chance to go see many of feel for a lifetime. I am grateful for us and for what you’re doing for other our great allies in the conflict in Af- what he has done in paying the ulti- people around the world with the sac- ghanistan. We stopped over in Georgia mate sacrifice for his country. rifices you’re making, and I say that and Azerbaijan and the Czech Republic. Mr. RICHMOND. Thank you, Con- on a day-in and day-out basis with What I thought was so unique as I went gressman DUFFY. every troop I ever meet with. to those countries was their unabashed With that, I would like to yield to You go off into the villages, and you support for American principles, not the gentleman from New Jersey, an- see a group of guys who are living to- just American principles, human prin- other Member who took the time over gether in a camp out there. That’s all ciples of freedom and liberty and pros- the Easter break to go to Afghanistan they have. They’re brothers. You could perity. to visit with our troops. He was cer- see them all, and they were having And when we look around the world tainly a rock star when he appeared on beard growing contests throughout the and people talk about America, often- the base and stopped to sign a bunch of camp. Some of them participated and times they pay us great lip service. autographs. Of course, he was the only some of them didn’t, but they were They tell us they’re our friend and one who was asked for an autograph. taking a lot of pride in that type of they’re supportive of what we’re doing Mr. RUNYAN. I would like to thank stuff, and were just keeping that mo- in the world. But oftentimes their ac- the gentleman and also all of my col- rale going. It was great to see because tions don’t meet their words. But you leagues for a great trip, for a really you knew what type of desperate situa- look at these three countries that we great factfinding trip. It was an oppor- tion they were in. visited. They just don’t express by tunity to go over there in a bipartisan I think when we all got to that boot word their support for what we do here nature and to really learn about what ceremony there at the end—and many in America, but they show their sup- our troops go through on a daily basis of you have seen it before where there’s port. And they’ve shown that support and about what they’re doing for the the boots with the M16s stuck in the most definitely by way of sending their Afghani people. middle, with the dog tags wrapped troops to Afghanistan to fight for the In the same light, it was also an op- around the weapon, and the helmet on freedom of those Afghanis who want to portunity to learn about some other al- top—it was a somber reminder of the see some form of democracy in their lied nations we have because, when you cost of freedom and of the cost of de- country. boil all of this down, whether it’s the mocracy. I really want to, along with Again, while we were in Afghanistan, Czechs, the Jordanians, the Afghans or my colleagues, say ‘‘thank you’’ to ev- we participated in a memorial cere- the Azerbaijani people, we’re all fight- erybody. mony for the nine Americans who were ing for the same thing. We’re all fight- The one gentleman I do want to rec- shot at the airport and were killed. I ing for democracy, and we’re all fight- ognize is Major David L. Brodeur, want to remember tonight Major Phil- ing for freedom. So it was truly an whose call sign was actually ‘‘Klepto.’’ ip Ambard, one of those who lost his honor to go over there and to learn Throughout the ceremony, they would life last week in that attack. He was firsthand about everything that’s going call the guys by their call signs; and

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The gentleman from Louisiana and I Major Brodeur was born on December His military career began when he have become great friends, and on this 10, 1976. He was commissioned through entered the U.S. Air Force Academy in mission we got to really see what the United States Air Force Academy the summer of 1991. After graduating America stands for. And even though in 1999 where he majored in political from the U.S. Air Force Academy in there are differences sometimes in science. 1995 with a bachelor’s degree in general where we should see foreign policy, and After graduating pilot training in engineering, Lieutenant Bryant was as- that is understandable and that is fine, 2001, he was qualified as an F–16 pilot. signed at the Columbus Air Force Base there is no difference right now in sup- He was then assigned to Shaw Air initially as a student pilot and then as porting troops and supporting those Force Base where he served as the As- a T–37 instructor pilot. Lieutenant who put their lives on the line. sistant Weapons Officer in his squad- Colonel Bryant’s next aircraft was an As a military pilot, I never would ex- ron. He next served at Luke Air Force F–16. pect to be in a situation where myself Base as scheduler, flight commander In the F–16, he completed tours in and scores of my brothers and sisters and weapons instructor pilot. At his Korea, Shaw Air Force Base, an ex- would be killed by a mad gunman next assignment to Eielson Air Force change pilot with the UAE, and Luke walking into a room. That is some- Base, he was the Chief of Scheduling, Air Force Base. His last assignment thing that I am sure these brave heroes an F–16 Aggressor Pilot, and the Chief was a CJCS Afghanistan-Pakistan that we are talking about never ex- of Aggressor Academics. Upon his de- Hand assigned to the 438th Air Expedi- pected. But it happened. It was tragic. ployment, he was assigned as Execu- tionary Wing in Kabul, Afghanistan. But they stood up and fought for their tive Officer to the 11th Air Force Com- During his career, Lieutenant Bryant country, and in the process they lost mander at Elmendorf Air Force Base. earned the Bronze Star, the Purple their lives. Major Brodeur deployed and served in Heart, Air Force Combat Action Medal, One of those brave heroes who lost Operation Iraqi Freedom, and was de- Defense Meritorious Service Medal, Air his life is a fellow Illinoisan, Captain ployed in support of Operation Endur- Medal with one oakleaf cluster, Air Nathan Nylander. Captain Nathan ing Freedom as an Air Adviser to the Force Commendation Medal with one Nylander was born outside of Chicago, Afghan Air Corps Command Center. oakleaf cluster, Air Force Achievement Illinois, and grew up in Illinois and He is survived by his wife, Susan, by Medal, Joint Meritorious Unit Award, Texas. his son, David, Jr.—aged 3—and by his Air Force Outstanding Unit with Valor His military career began in August daughter, Elizabeth. Device and two oakleaf clusters, Com- of 1994, with his enlistment in the It is truly guys like him who make bat Readiness Medal, National Defense United States Air Force. After com- the difference, who are a big reason Medal, Global War of Terrorism Expe- pleting basic military training and fol- why people like myself, I really think, ditionary Medal, Global War on Ter- low-on technical training in Texas, get involved in supporting these heroes rorism Service Medal, Korean Defense Florida, and Mississippi, he served as and in making sure they’re known. Service Medal, Afghan Campaign an enlisted weather forecaster, rising Yes, we’ve suffered a loss here, but the Medal, NATO Medal, Air Force Over- to the rank of technical sergeant. true people who have suffered the ulti- seas Ribbon, Air Force Expeditionary His enlisted assignments include mate loss are his family. His children Service Ribbon with gold border with weather forecaster at Luke Air Force aren’t going to have a father. Myself one oakleaf cluster, and the Air Force Base, Arizona, and Seoul, Republic of being a father of three, I realize that. I Longevity Service with three oakleaf South Korea, and culminated as the respect that. May God bless his soul, clusters, and, finally, the Air Force Presidential Weather Forecaster at and may God bless his family. We Training Ribbon. Somebody who served Camp David, Maryland. thank him for his service. long and, obviously by all those med- In 2006, Captain Nylander did what Mr. RICHMOND. Thank you, Con- als, did a fabulous job serving the few do: He earned his commission gressman RUNYAN. United States of America. through Officer Training School, and I will now yield to the CODEL leader, Lieutenant Bryant is survived by his ended as a distinguished graduate. Congressman BILL SHUSTER. wife, Janice; his son, Sean; his father, As a weather officer, Captain Mr. SHUSTER. I thank the gen- Frank D. Bryant, Sr.; and his mother, Nylander held positions as a weather tleman from Louisiana for securing Patricia Bryant. We owe a deep debt of flight commander at Joint Base Pearl this hour for us to be able to talk about gratitude to his family and also to Harbor-Hickam in Hawaii, and Davis- our experience in Afghanistan and, Colonel Bryant, for their service to Monthan Air Force Base, Arizona. Cap- most importantly, for us to be able to this country, and of course for the ulti- tain Nylander was most recently as- talk about and honor the nine people mate sacrifice that Colonel Bryant signed as the lead weather adviser for who were killed in Afghanistan last gave for his Nation. I would encourage the Afghan Air Force with the 438th week. As I mentioned earlier, it was all Americans to remember Colonel Air Expeditionary Advisory Group. the largest loss of life in the U.S. Air Bryant and his family in their His awards include the Bronze Star Force since the Khobar Towers. thoughts and their prayers. Medal, Meritorious Service Medal, Air Mr. RICHMOND. Thank you, Con- Force Commendation Medal with three b 1930 gressman SHUSTER. oakleaf clusters, Joint Service As my colleague, Mr. RUNYAN, talked I have the privilege to call upon an- Achievement Medal, and Air Force about the somber and powerful experi- other one of our colleagues who par- Achievement Medal. ence that we had there at this memo- ticipated in the congressional delega- He is survived by his wife, two sons, rial service, at the ceremony, it was tion who has not had an opportunity to daughter, and his father and mother. really something to be there. We got talk about one of our fallen soldiers, These brave heroes are an example of there at the last minute, and I think but I will tell you something about this what is best about our country. And we all were very, very grateful to be Member of Congress. He, himself, has while we mourn their loss, we celebrate able to participate in the ceremony. put his life on the line and served in the freedom that they passed defend- Again, nine people were slain. We our U.S. Air Force, and that is none ing. have already talked about the one that other than Captain ADAM KINZINGER. So I would say over the next couple was not a military person but a con- Mr. KINZINGER of Illinois. I thank of years as we go forward and we de- tractor. He served in the military, but the gentleman from Louisiana, and I bate really big issues here in Wash- then came back to serve in Afghani- thank him for setting this up. ington and we have disagreement,

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.143 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2991 never forget that we are all Americans. country that although we disagree on and beyond, because they appreciated That is the most important thing. 20 or 30 percent of things in this body, our effort to help them, and they were So to the nine heroes, and to those and those 20 or 30 percent may be very committed to helping themselves, and who gave their lives already, to those gut-wrenching and they may be very they said we are in it with you, and we who continue to serve every day, let divisive and we may differ on how we are going to sacrifice our life and our me just humbly say, on behalf of every- cut programs, but every difference in limbs, just as those brave men and body in the United States Congress, on principle is not necessarily a difference women in the United States are doing. behalf of Americans, on behalf of a Re- in purpose and a difference in our ulti- Mr. Speaker, I want to thank you for publican and a Democrat standing here mate goal, and that is to make sure allowing us to have this time to talk in the Chamber united on this: Thank that this country continues to be the about the people we lost, and I will just you. Thank you for defending your best country on Earth. end with reading their names, because country. Thank you for being an exam- So we as just a small part of this au- I think that we can’t give them ple for generations to come. We mourn gust body, and one that we are honored enough, because they made and paid for your loss, but now we celebrate the to be a part of, we are honored to serve the ultimate sacrifice so that we can freedom that you defended. with so many senior Members who have the freedom that we enjoy and Mr. RICHMOND. We have one or two have taken us under their wing to others could have it. And they are: more fallen heroes that we want to make sure they nurture us. Mr. Speak- Lieutenant Colonel Frank D. Bryant, honor, and I want to make sure that er, we can’t thank you enough for that Jr.; Major David L. Brodeur; Major people understand that this is just a and we can’t thank Congress and the Philip D. Ambard; Major Raymond Es- short ceremony, but from the heart, for American people enough for giving us telle; Major Jeffrey O. Ausborn, ‘‘Oz,’’ the 10 people that we had a chance to the opportunity to go over to the con- as they called him; Captain Charles A. participate in their ceremony, and for flict, to watch Afghans as they start to Ransom; Captain Nathan J. Nylander; Private First Class Jonathan patrol their own area. retired Lieutenant Colonel James A. Villanueva who was killed at the same I will tell you, I am not sure if Con- McLaughlin; Technical Sergeant Tara time as Staff Sergeant Matthew gressman SHUSTER touched on it, but R. Brown; Private First Class Jonathan Hermanson. we had an opportunity to patrol with a Villanueva; and Staff Sergeant Mat- But I wanted to take a minute to group of Afghans and their elders. One thew D. Hermanson. talk about Master Sergeant Tara of the elders that was over there was a Mr. Speaker, thank you, and I yield Brown. very elderly man who was the com- back the balance of my time. The SPEAKER pro tempore (Mr. She was born July 21, 1977. She began mander of this police unit, and they GRAVES of Georgia). The Chair wants her military career in 1997, at the were protecting the entrance into this to thank the gentleman from Lou- Kadena Air Force Base in Japan as an city and they had their checkpoint. isiana (Mr. RICHMOND) for this much- administrative clerk, quickly mas- While walking to the checkpoint, we needed tribute. Thank you for recog- tering her skills in communications saw a young man holding arms and nizing those individuals, the defenders and embracing a love of travel and ad- protecting us as we walked, and we of liberty of this great Nation. venture. stopped to talk to him. Then they Master Sergeant Brown completed pointed out to us he lost his father and f assignments to Germany, Turkey, brother in a firefight just a week and a REASONS FOR HIGH ENERGY Alaska, and Korea before taking charge half ago while they were out patrol- PRICES in numerous high-level communica- ling. Then as we talked to him just for The SPEAKER pro tempore. Under tions positions at Andrews Air Force a few minutes longer, he talked to us the Speaker’s announced policy of Jan- Base right down the street. about the vision of freedom, and he was uary 5, 2011, the gentleman from Texas Master Sergeant Brown’s awards in- all excited and his eyes were open very (Mr. CARTER) is recognized for 60 min- clude the Bronze Star posthumously, wide as he talked about why he was utes as the designee of the majority Joint Service Commendation Medal, still patrolling after his father and his leader. Air Force Commendation Medal with brother’s funeral, which was the fact Mr. CARTER. Mr. Speaker, we just three oakleaf clusters, and the Air that he had a love for his country, for got off two weeks of working in our Force Achievement Medal with three Afghanistan, but also because he felt districts around this country. At least oakleaf clusters. an obligation because we had so many I held about 10 town hall meetings, and She is survived by her husband, Er- troops out there fighting and dying I am sure many of my colleagues held nest Brown; father, Jim Jacobs; moth- that we were joined at the hip, because more. We talked about the debt, we er, Gladys Verren; brother, Jim Jacobs, this was a very important goal. And it talked about the deficit, but one of the Jr.; and sister, Laguanda Jacobs. is not just to bring freedom to us; it is things that almost every one of these to bring freedom to people all across b 1940 town halls insisted upon talking about this world. was the high price of gasoline. Mr. Speaker, I will tell you that dur- Then as he was telling us that, he Let’s start with this first exhibit we ing this service, and when they talked told us that just a couple of days before have here. This just gives the compari- about Master Sergeant Brown, they we got there that his daughter drowned son of what the gas prices were some- talked about her smile, they talked in a creek in their little village. So we where in the United States, I can’t tell about her status as a newlywed, but, are talking about a very young man where. January of 2009: Unleaded, $1.32; more than anything, they just talked who had tragedy three times in his life mid-range, $1.42; super, $1.52. Here is a about her love of service and the fact who was still out there with his ma- picture taken in April of 2011: Regular, that she was willing to give it all. chine gun in the desert, in the heat, pa- $3.99; mid-range, $4.09; the high pow- So I wanted to make sure that as we trolling to make sure that this con- ered stuff, $4.19 a gallon. continued we included Master Sergeant gressional delegation was safe, but also Mr. Speaker, the only party that can Tara Brown in our ceremony today, taking the time, and we watched him be blamed for this, unfortunately, is just to make sure that we don’t forget talk to school kids and other things. the Democratic Party, through the any of our troops, that we had the But that is what makes this country leadership of Barack Obama, President privilege and the opportunity to par- great. And the thing that united us all of the United States, because a vicious ticipate in their service and on their was the fact that what makes this combination of the Obama administra- day. country great, we are inspiring other tion’s moratorium on offshore drilling Mr. Speaker, I think that all of my people so that they want to make their and the devaluation of the American colleagues, and I don’t see them now, country and their town and their vil- dollar through the administration’s but I think all of my colleagues have lage great, just like America. quantitative easing have resulted in exhausted their time in making sure So you have people all across this the highest seasonal gasoline prices in that they honor all of our fallen sol- world, and we can talk particularly U.S. history. diers. This was just one thing that we about Afghanistan, because that is We have reached a point where if we thought we wanted to do to show the where we saw it, that were going above don’t pay attention, we are going to

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And no fleet of trucks, to power the diesel- Gulf.’’ one here doesn’t want to seek alter- driven trains, to power the automobiles Mr. Speaker, this is a broken energy natives that are economically viable to of America. As gas prices go up or die- policy. In fact, this is no energy policy make this country run. This country is sel prices go up, so do the prices of at all. We are quite aware now that we an energy-driven country. Just look at food. And now the two inflationary have found substantial reserves that the lights in this room. Think of the prices that we see going forward are were unfound in the area of natural amount of windmills it would take just food and energy. This is serious stuff. gas. In fact, there are those who report to power up this room almost 24 hours I’m very pleased to have a fellow that the production of shale gas in the a day. But we’re for—and, in fact, I Texan join me here today, BLAKE United States could result in us having would say the great State of Texas has FARENTHOLD. He’s a new Member from enough natural gas to operate in this the largest wind farm in the entire down on the Texas gulf coast in a city country for at least 100 to 150 years at United States. that grew up with petroleum sur- present or projected usages, and yet we So when it comes to energy, we don’t rounding it, Corpus Christi, Texas. I’m seem to have roadblocks thrown up in shy away from any kind of energy in going to yield to my good friend, Mr. front of that production at every step. our State. We are an energy State. We FARENTHOLD, whatever time he needs We had a deep water accident, a ter- have been producing oil and gas in the to talk about his views on energy. rible deep water accident, in the Gulf State of Texas for I guess close to a Mr. FARENTHOLD. Thank you very of Mexico. The President and the En- hundred years, clear back to much, Judge. I grew up in the oil and ergy Department put down a morato- Spindletop. We are not the experts, but gas industry. My great grandfather, rium on drilling in the gulf, both deep we’re as close to experts as you’re Rand Morgan, came to Corpus Christi water and shallow water. Even though going to run into because we’ve been after the Great Depression and was one the shallow water, they had had no doing it through generations of Ameri- of the pioneers in the oil and gas indus- massive oil leaks in the shallow water, cans. try in the Saxet field by the Corpus it was included. So the Gulf of Mexico, I remember when I was 17 years old, Christi International Airport. We’ve one of the largest potential oil and gas my big desire was to go work on an oil been a farming ranch and an oil and fields in the world, was shut down for rig because the great pay those people gas family since before I was born, American production. Not for Chinese got paid. My daddy wanted me to keep since before my father was born, and production, not for Brazilian produc- all my fingers so he told me I couldn’t since before my grandmother was born. tion, not for anybody else who had an do it. But I always wished I could. It is Rand Morgan was actually my great ability to make a deal with Cuba to get something we grow up with. We don’t grandfather. a lease offshore to drill, but for Amer- think oil and gas are evil products, and And we can tell you as landowners, as ican production. we don’t think that they are the curse outdoorsmen, as hunters, and as fisher- b 1950 of this country. We think they are the men, the oil and gas industry is a clean But he promised that after they got primary clean power source in com- industry. The men and women who all of the cleanup done and after they petition with other power sources of work in the oil and gas industry are examined what happened in the BP the petroleum age. We think we do a committed to the environment. The case, that they would lift the morato- good job of producing clean energy— landowners whose land is used for do- rium, and with a lot of outcry from the and energy, we think, that is the cause mestic oil and gas production are com- Gulf States, because for the first time, of the great modern expansion of mitted to making sure the oil and gas at least in the State of Texas, until the American Government. companies do a good job and keep their moratorium on drilling in the gulf, the Remember, when we’re talking about land in great shape. State of Texas was looking pretty good petroleum products, we’re not just You talk about offshore, too. Corpus on unemployment. We were still in the talking about power for your auto- Christi is the home to some of the larg- 6 percent range as the rest of the Na- mobiles and power for your trucks and est fabricators of offshore oil and gas tion was in the 10 percent range. But power for your power stations and all equipment in the world. Port of when you shut down potentially 250,000 the other things that we use with oil Brownsville has several industries jobs that relate to the drilling in the and gas. We’re talking about plastic, building and refurbishing offshore oil Gulf of Mexico, I don’t know how many we’re talking about lifesaving chemi- and gas. And our fishermen love the of those jobs are actually lost, but cals, we’re talking about clothing. offshore oil and gas rigs. They’re artifi- those were the ones at risk. And as a There’s a list of a hundred different cial reefs. They’re where you go to result of that and other factors, we’re products—I can’t even list them all— fish—not fishing for sport, but fishing now up in the 8 percent unemployment that have come from the production of for the fish you’re going to take home range, which is still better than the petroleum. And now, for some reason, and fry and eat. They’re clean and rest of the country, but still a really we have an administration that treats they’re great for the environment. direct cause of the moratorium in the petroleum and treats petroleum prod- And we had a horrible accident with gulf. ucts like natural gas as if they were the BP well. Our beaches in some parts When the moratorium was lifted, some kind of horrible evil poison be- of the country suffered with some con- they refused to issue permits. But first, cause of this issue which is unresolved tamination. I think it’s the second because the Federal court told them to of carbon dioxide. time I remember that happening in my lift the moratorium, they lifted that So we are sitting here on the verge of lifetime. The first time it happened, moratorium and issued a new one the something that will ultimately shut there was a blowout of a well in the next day, or maybe 2 days later, which down our economy. I can tell you from Gulf of Mexico operated by the state- was, I would say, fairly much in con- personal experience, because my wife run oil and gas company of Mexico. Not tempt of the order of the Federal court sent me to the grocery store three Sun- a whole lot happened with that one. We in Louisiana. That Federal judge, in days ago and one of the things on her had tar balls coming up on the beaches turn, made several comments about list was avocados. And this is in Texas. of Corpus Christi. It was an annoyance, contempt of court. And so, finally, We’re pretty close to Mexico. We’re but we took some wipes and you wiped after years, the moratorium was lifted pretty close to California. Two avoca- your feet off after you got off the beach and another 6 months later, or 8 dos cost a dollar and a quarter. The so you didn’t get it on the carpet or months later, a few permits were next week she sent me back to get two your cars. issued so that drilling could begin. more and they were a dollar apiece. So But what we’ve done now as a result Remember this: Barack Obama, when I started watching those things, and of the BP blowout is we’ve shut down he became President of the United holy cow, they have gone up three the oil and gas industry—the American

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In thing in the world we can do to stop b 2000 fact, those drilling inside the conti- them or regulate how they do it. nental United States, almost all those Instead, we’re penalizing our oil and And every time they find a prospect, people drilling shallow water offshore gas companies in the United States. they go out there and raise some and a few of those people drilling deep- We’re decreasing production that’s money. They put their money on the water offshore, none of those people are available to fuel our cars, to power our line. And they are on the line. If they majors. They’re all from, as you were electrical generating plants, and to drill a dry hole, they’re going to have talking about, the entrepreneurial spir- create the hundreds of products that to struggle to get their next paycheck. it of the wildcatter and the small pro- rely on oil and gas. Our focus is wrong. But this is the entrepreneurial spirit ducer who is going out in an attempt We should be looking at ways to in- that built America. These men and to expand domestic production. By the crease production and increase safety women are not evil. They are our way, they’re the only ones that take and increase our ability to respond in neighbors. They’re concerned about the advantage of any tax breaks that are the event there is another accident. environment. They’re concerned about there, and they’re not billion dollar We need to be training the Coast this country. And they want the price companies that we use as examples. Guard. We need to be training our in- of gasoline that you put in your car to So the cuts, the way I understand it, dustry personnel. We need to be devel- be reasonable. are not even going to affect oping the technology to contain it and They’re not profit gouging. We can ExxonMobil or affect Chevron or these to protect our beaches from oil and gas show charts about how the price of gas big producers from overseas because spills that may happen as a result of is going up and why it’s going up, but those tax breaks don’t pertain to that the activities of any country in the it’s not that hard a question to look at. production. They only pertain to pro- world. We have the opportunity to be If you took a middle school govern- duction in the United States. And the technological leaders in this and ment class and you studied economics those are done by independents. Al- get our domestic oil and gas industry and finance, you learned about some- most the vast majority are done by back on track and get the price of gas- thing called supply and demand. And independents. oline back down to reasonable levels. supply, especially in this country, is So the only people that get hurt We’re getting to $4 and $5 a gallon of down because we can’t drill and again by the tax policies of the Barack gasoline. That doesn’t just ruin your produce offshore. We can’t drill and Obama administration are the small summer vacation. It starts to ruin produce in massive areas of land that’s business men. Just like everything we your life. You can cut down on driving, controlled by the Federal Government. see coming down the pike at us seems you can take the bus, you can take And we’ve got a regulatory scheme to be targeted at the small, inde- public transportation. But those avoca- that’s looking at making new tech- pendent entrepreneur who is trying to dos Judge CARTER was talking about, nologies to produce energy that’s more make it go. they can’t. They have got to get to expensive and possibly illegal. So the So don’t be misled to think that the your grocery store in a truck. Every supply is down. majors, where we see all these massive good or service that you use or buy is Then you look across the globe at amounts of money they’re making, are affected by the price of oil and gas. It’s our competitors—China, India, Korea. the targets that are really going to be going to run the price of everything up. All of these countries are seeing new- hit by the shot that our colleagues on We have got to get this under control, found wealth. The old movies where the Democrat side of the aisle have and we have got to exploit our domes- the Chinese would ride around on bicy- proposed that we should take in get- tic energy sources. cles, that’s not the way it is in Beijing ting rid of, as they call them, subsidies, I agree with Judge CARTER, Texas is anymore. The Chinese are driving cars. which are really tax breaks, to the pro- the leader in wind farms. It’s a beau- Their factories are using oil and gas, ducers of domestic production. tiful sight as I drive down Ocean Drive and they’re competing in the inter- By the way, all production offshore, in Corpus Christi, looking across the national market for that oil and gas. they’ve shut it down. Just recently, bay at the windmills across over by Our national security, our economic Shell Oil Company, after dumping a Sinton, Taft, and Portland. That’s the security, and our very freedom lies in couple of billion dollars in an offshore future. But you can’t put a windmill on exploring, finding, and producing our operation off the coast of Alaska, a car. You have got to have oil and gas domestic energy resources. That’s the pulled out completely because, before to run your cars. way we’re going to keep America free. they could even get started, after Now, we can get into a discussion That’s the way we’re going to keep the dumping a couple of billion dollars, about we probably need to be focused costs of our goods and services down. with a ‘‘b,’’ into that production field on getting cars working on natural gas And that’s the way we’re going to keep out there, the EPA came in with more as a more cost-effective way to do it. the price of gasoline in check. and more stops and stop orders and We’ve got a great abundance of natural Thank you, Judge. other things, and they finally threw up gas, but we have got to get rid of the Mr. CARTER. I thank the gentleman. their hands and said, We’re going some- moratorium—the de facto moratorium And reclaiming my time, as an ex- place else. We’re not drilling in Amer- that is crippling the oil and gas indus- pansion of what you just said, let’s ican waters anymore. It’s not worth it. try in the Gulf of Mexico. It’s running talk about some of the things that the So right now where we know we have prices up. It’s costing us jobs in Texas. Democrats in this House and the Presi- production for oil and gas, we have an I want to talk just for a second, if dent have talked about as the solution administration that is fighting that you don’t mind, Judge CARTER, about to the high price of gasoline. And that production tooth and nail. This has the portrayal of the oil and gas indus- is they’re going to cut the tax breaks cost jobs in the industry, as we pointed try as being an evil industry. It’s real for the oil producers, and they named out. This has made our dependence on easy to talk about these big corpora- Chevron, Exxon, BP—what they call foreign oil bigger. tions, big oil and gas producers like the majors. They’re going to cut those Here’s the skyrocketing price of the Exxon and BP. I have got two things to tax breaks. Therefore, they’re going to Obama administration since he’s been say about that. First of all, I imagine make sure that those billion dollars in office. Here is another chart that if you have got a retirement plan or worth of profit are not going to be shows you the offshore field production pension, you’re an owner of one of there because they’re going to reduce of crude oil, thousands of barrels per these oil and gas companies. Your pen- these tax breaks they have given, day. And look at this. This is where sion plan, your mutual fund, they’re all which they say are billions of dollars. that production was: 250,000 barrels up investors in these companies. But that Well, let’s just stop and look at what to 400,000 barrels; down again, and I being said, really the bulk of the oil these tax breaks are about. All the oil guess that was in 1999 during the Clin- and gas are produced by small busi- and gas produced offshore in other ton administration that it went down;

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I can’t tion. take away the tax breaks for oil pro- think of a way to run the prices up Nobody can argue that the Obama duction, who do you think’s going to that they haven’t. administration is anything but vio- pay that increase in cost for the oil in- If, as we’re hearing, the President’s lently opposed to the oil and gas indus- dustry? Well, I will tell you. It’s going goal is to get prices down, the eighth try. And they are doing everything to be the guys and the gals that are grade is the answer. Increase the sup- they can to throw big roadblocks in filling their cars up with gasoline at ply. That’s all it takes. And it’s easy to front of production. the pump. increase the supply. Sure, we can’t flip Then you wonder why the speculators To the extent that any business has a switch and do it overnight; but in a are saying the price of a barrel of oil is an increase in cost of their production, matter of months, as we open up Fed- going up. Because they’re speculating. they do the very best they can to pass eral lands for leasing, as we open the Do you know how many millions of that cost on to the consumer. That’s gulf, as we get the permitting process gallons of aviation fuel a company like the way any company whether it’s under control, those prices will turn American Airlines or United Airlines steel, whether it’s widgets, whether it’s around, and they will go down. or Continental Airlines, any of these buggy whips, whatever it is that you do Helping the oil and gas industry major airlines, burn every week? Do produce, if your cost goes up, the man- lower prices does not mean we abandon you know what they have to do in ufacturer passes on, to the extent that alternative energy. All of the above is order to stay ahead of increasing prices he can and still stay within the price the answer. I think some people on the on fuel? They have to speculate on fu- limits that are set not by the govern- other side of this aisle and in other of- tures on the cost of fuel. And I’m not ment but by the demand of the con- fices in this town believe that it’s ei- blaming the airlines. There are plenty sumer, then the price goes up. ther/or. Let’s strangle the oil and gas of other people that are speculating be- So you’re not going to lower prices companies so our friends in the alter- cause they say, Let’s see, what’s going by taking away subsidies to the oil and native energy can thrive. on in the world? We’re finishing up a gas industry. The only thing you can It’s not like that. The energy de- war in Iraq, which is one of the major do is raise prices. They don’t want mands of a modern world are such that producers, but it’s been out of the mar- more prices to discourage production. all-of-the-above is a correct answer. ket for years and is barely getting back That’s ridiculous. If you have the law wind, solar, safe nuclear, and a strong in. We’re sitting here with a morato- of supply and demand and we’ve got a reliance on natural gas that is in the rium on all the offshore domestic pro- short supply and you are discouraging ground in supplies just 5 years ago we duction. We’re not opening up any Fed- production, the price is going up. You couldn’t have imagined with the break- eral lands for production anywhere in learned that in the eighth grade, as throughs in technology for producing this country. The Obama administra- BLAKE pointed out. This is not hard shale gas, coal. tion has shut down the leasing prac- stuff. This is easy stuff to figure out. There’s no one answer. Every watt of tices on any public lands. Sometimes I think some of these folks electricity, every BTU, everything we By the way, Texas is the only State that don’t understand the oil business, do lowers the cost and raises the stand- in the Union that didn’t turn their pub- the only oil they know is what’s on the ard of living of everybody here and lic lands over to the Federal Govern- end of their dipstick in the crank case. abroad. ment. But the rest of the country, in But the facts are this product is a I am sick and tired of less, less, less, areas like Idaho, Utah, we know there’s major product of the modern society of either/or. This is the United States of production up there, up in Wyoming, the American public, and I think the America. This is the 21st century. Yes, up in Montana—all that stuff that the American publics know it, and I don’t we can, we can have it all, and we start Canadians are now producing across think they’re going to get fooled by at the pump. the border, the fields on our side of the demagoguery on these prices. Thank you, Judge. border are being curtailed by the ad- Does my colleague wish to have more Mr. CARTER. There are con- ministration. They just don’t want to comments? sequences to any action that you take produce oil. They just want to buy it Mr. FARENTHOLD. If you don’t in this town. from foreign sources. mind, Judge. I wanted to reiterate I wanted to point out something I And about these foreign sources, the what you were saying. You know, de- said in a committee hearing one time people who study the market say, My monizing the speculators isn’t the way when we were having this debate. I said gosh, Libya is not available anymore; to do it. The speculators are the users. those people who want to do away with Iraq’s not available, and what happens They’re the airlines. If you want to oil and gas and have a wind industry as if we’ve got no production at home? double what your vacation is going to the solution better strap a sail on their cost, you take away the airline’s abil- Volkswagen and hope the wind is blow- b 2010 ity to hedge their fuel prices, and you ing towards Washington, or tomorrow The market looks shaky. We better know what, if you want to stick it to morning we’re going to have a severe buy futures on oil. And guess what, the the speculators, let’s open the spigot employment shortage in the U.S. Cap- price goes up. Doesn’t take a rocket and those guys betting on higher itol; but, seriously, it’s more than that. scientist to say they see a shortage prices, they are in trouble. They’re Look at this quote from the Heritage coming down the pike, that competing going to lose some money on that. So Foundation. How many jobs does the with India and China, two of the big- I just wanted to definitely reiterate anti-drilling agenda of this administra- gest competitors we’ve got for any that fact. tion cost? The cost in jobs is startling. kind of energy that’s out there, and And, you know, if you take a look at A new analysis by Louisiana State Uni- then we’re going to sit here and we’re what this Nation’s policy is today on versity Professor Joseph Mason not going to buy the chance to buy fuel the oil and gas industry, if you were projects national job losses at 19,000 at a cheaper price now than what it trying to concoct a way to run up gaso- from the drilling moratorium with might be 6 months down the road? Of line prices, you probably couldn’t come wage losses at $1.1 billion. About one- course, speculators are going to do up with a better way to do it than third of those jobs are located outside that. Of course, industry is going to do we’re doing now. It is like we are inten- the gulf region. that. tionally trying to raise oil prices. So not only did the people in the gulf So as my friend, BLAKE, was pointing We’re limiting production. We’re mak- lose jobs and do they continue to lose out, the lack of production, the lack of ing production more expensive. We’re jobs, but these jobs, believe me, there faith in what this government is going using a regulatory agency to make it is somebody somewhere within a hun- to do to this industry, and the fear that more difficult to drill. We’re not leas- dred-mile radius of where we are right the shutdown will be complete, it just ing any of our land. If somebody had now that is producing something that

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.150 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2995 goes into the production of oil and gas Gulf of Mexico by June 1, 2012. This bill oil down beneath my backyard, you because it is a nationwide and a world- sets out a road map to leasing for pro- could bet your soul I would drill back wide industry. And all of the machin- duction in what we consider our Gulf of there in a heartbeat because I am not ery, and all of the other complicated Mexico. worried about—in fact, I would be glad gauges and all the modernization of the You know, when it comes to pro- to cut the grass around a producing oil production of petroleum, all of that is ducing products offshore, the first well all day long in my backyard. It far beyond just the State of Texas and place it ever happened was offshore won’t hurt my feelings at all. And I Louisiana and the other Gulf States. It Texas. And we have considered that don’t think anybody that knows any- actually circumvents the whole globe. gulf to be sort of our little saltwater thing about the industry would feel So jobs is another important reason lake out there ever since. That’s not any way other than that. why we have got to do something about exactly true. In fact, it’s not true at It’s almost a comment on the indus- this whole concept that this adminis- all. But the point is, to stop the pro- try. When you pull out of Dallas/Fort tration seems to have that we are evil duction that’s been going on in the Worth Airport, the DFW Airport, at because we produce oil and gas; and gulf, oh, since I was a small child—and the entrance, right to your right is a yet, guess what, States that were criti- I am no young whipper snapper—well, pumping oil and gas well that was cizing us for production of natural gas this starts us back to doing what we do drilled within the last 3 years. Right 2 years ago are dancing around camp- well, producing offshore. there, practically downtown Dallas, be- fires in their States now that they Another DOC HASTINGS bill: this is cause they have discovered a field out learned they’ve got shale oil in their one, Putting the Gulf of Mexico Back their way. So we know it can be done States and some of our Midwest and to Work, requiring new safety permits and done safely. We have to get on it. eastern friends seem to all of the sud- to prevent and combat blowouts before The New York Times—certainly not den be really excited about the fact drilling. No one in the industry—and I any bastion of conservative values— that they’ve discovered they’ve got have talked to literally hundreds of has a little article here: U.S. consumer shale gas beneath their land and they people from the industry—everybody prices are up 5 percent, pushed mainly can produce good, clean natural gas. agrees. They were very proud of the by food and gas. They will reaffirm fact that until the BP oil spill, oil they are going to finish quantitative b 2020 spills looked like they were going to be easing—that’s this dollar thing I was I say, more power to them. And I a thing of the far ancient past because talking about—but the central bank hope they can, and I hope their States that Mexico blowout was, what, 20- would remain concerned about the in- and this Federal Government don’t something years old. flation expectation of consumers who throw up roadblocks to the production Mr. FARENTHOLD. I was a child. would demand higher wages for busi- of that shale gas because it is safe. Mr. CARTER. It would require the nesses. And it could raise prices and This fear of fracking is a hoax because Secretary to decide on issuing a permit perhaps cut spending. we have been doing fracking in the oil within 30 days of the application with What that’s all about is, one of the industry for 50 years. It’s just amazing two 15-day extensions possibly being price gauging things that you got that how all of a sudden a process that is al- allowed and provide drilling companies they are accusing the industry of doing most normal to production, to get the with speedy Fifth Circuit Court access is the fact that we have dumped tril- second round of production out of al- if the government violates the law in lions of dollars into our economy for most any oil well that was drilled in denying or ignoring the permitting this quantitative easing of the econ- Texas is using some form of H2O process. omy. fracking, water fracking, to get that Those are good solutions because not You know, as you’ve heard from this second round of production out of a only does it set a standard that the very House floor, is how much this well. And people rework and rework Congress should impose upon the Sec- body has spent in stimulus and in and rework existing wells with all retary. In addition, it gives a recourse, TARP and in other things in the last types of processes like fracking. Frac- the kind of recourse we’re supposed to couple of years, trillions and trillions turing is what that means. have on these issues of whether or not of dollars. More money has this organi- But are there solutions that can to drill, and that is to go to the court- zation spent, the Congress of the bring the price of oil and gas down? house and let the justice system pre- United States, signed by the President, Yes, I think there are. vail. So let’s go to the Fifth Circuit, than in the history of the country. And Here is one that my good friend DOC who has already spoken once, pretty yet besides that, our Treasury has been HASTINGS has proposed: reversing loudly, and let them speak again. printing money to supposedly ease the President Obama’s offshore morato- There is one more that I don’t seem economy; and they are literally put- rium, establishing a national domestic to have and that is, we need to open up ting more dollars in circulation which, oil and natural gas offshore production the leasing for our public lands in the in turn, devalues the value of the goal to ensure a continued develop- West. The States of Utah and Idaho American dollar. ment of America’s offshore energy and Wyoming and Montana, we are When the value of the American dol- sources. That’s H.R. 1231. Hopefully, we well aware and are very knowledgeable lar goes down, the price goes up be- are going to have that bill on the floor about the amount of a certain kind of cause an apple has a worth. There is a of the House this week or next week. heavy petroleum that is available in worth, a cost to that apple, and there is This is important. This is showing real those areas, North Dakota, probably a value to that apple on the market. leadership in real energy production. South Dakota. We are already finding a And if the value before we dumped cash And you see, nothing on there says lot in North Dakota. into the system was $2, and you dump let’s shut down windmill production or But all of a sudden, it too is strug- all this, then it will be $3 or maybe $4, let’s shut down solar production or gling to get permits to continue to not because the apple’s changed but be- let’s shut down nuclear production or drill on federally owned public land. cause the dollar’s changed, and the dol- hydroelectric or anything else. It’s say- And let’s always remember those words lar is worth less. ing, let’s produce energy in the form of ‘‘public land.’’ It’s not the U.S. Govern- Why do you think—and by the way, petroleum products. ment’s land. The U.S. Government is nobody goes to Mexico in Texas any- Another real gas price solution, Re- holding it for the American public. And more. But if you did, and you went starting American Offshore Leasing if we need to lower our prices and have across the border, like some idiot who Now, H.R. 1230, DOC HASTINGS again. efficient production, we should go got shot by the terrorists over there— Require the sale of specific offshore where the oil is. but if you did, you would find that they leases within set time limits instead of I had one of my colleagues one day won’t even take American dollars in continued administration delays. It is who said, I don’t know why you Texans border towns anymore in Mexico. This proposed: central gulf leases in the always just want to drill anywhere. If was written up in some of the border Gulf of Mexico within 4 months, west- you want to drill, why don’t you just papers. The American dollar is not ern gulf within 8 months, offshore Vir- drill in your own backyard where you wanted in Mexico because they are con- ginia within 1 year, additional central have a say about it? Well, if there was cerned about it losing its value. It used

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.153 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2996 CONGRESSIONAL RECORD — HOUSE May 3, 2011 to be the peso that we worried about 10 percent from April 2010, it estimates we’ve been doing under the Obama ad- losing its value. Something has gone net crude oil imports are up by 5 per- ministration. And I have a fervent hope haywire. cent. More imported oil also means that they see the light and back off and b 2030 higher prices at the pumps. So direct let us go back into production of oil result of the actions of the Obama ad- and gas and the other natural re- But as we devalue our dollar and we ministration. sources of this great Nation so that we create a shortage of our gas and oil, We have the price of oil going up. So can maintain our status as the best it’s no surprise at all that the byprod- tomorrow morning, when you go out country on Earth and the best country ucts of those two products, which is there and you fill up whatever you’re that cares about the average guy and gasoline and diesel, is going up. And it driving, whether it’s a SmartCar or a tries to keep prices affordable to the has gone up. And if we don’t do some- hybrid that runs on both electricity average guy. thing about getting back into domestic and gasoline, or whether you’re filling The price gouging that they are ac- production, it’s going to go up some up your Suburban, you know, we’ve got cusing of is nothing more than a mis- more. fleets of Suburbans in this town. This interpretation of the law of supply and And if the world perceives that the is supposed to be the conservation cap- demand. And that misinterpretation is greatest consumer of energy on this ital of the world. Look around Wash- hurting the little man in America. It’s Earth is going to have a huge demand ington, D.C. There’s a black Suburban time to change the policy, and let’s all when the supply goes down, and on every corner. Sometimes a whole hope and pray that this administration they’ve bought futures on that supply, parade of black Suburbans goes by. Not wakes up to many things, but this is they’re going to get rich. That’s not picking on Suburbans. I’ve owned five one of them. And if they’ll wake up to the oil companies we’re talking about; of them. Good cars, but they burn a lot an energy policy that makes sense, we that’s the people who speculate and the of gas. And you fill one up you’d better will see the future bright. people who cover their energy needs. have a pretty good size pocket because Mr. Speaker, I yield back the balance And by the way, these same specu- you fill up an empty Suburban at $5 a of my time. lators are buying futures on oil and gas gallon gasoline and you’re going to f from China, from Russia, from India, need a bank loan because that sucker and from other people and from West- will take $100-something to fill that LEAVE OF ABSENCE ern Europe to compete for the world thing up. market. By unanimous consent, leave of ab- And that’s the consequences of try- sence was granted to: We have the golden opportunity to at ing to curtail one industry to enhance Mr. GRIFFIN of Arkansas (at the re- least produce what we can produce. another. And that’s not the way Ameri- And I’m not in any way cutting down quest of Mr. CANTOR) for May 2 on ac- cans are supposed to operate. Let’s count of airline flight delays. any other energy source. I’m saying all take our going concern and keep it of the above is the solution. But drill- going, and let’s build up these alter- f ing anywhere that it is effective, and native energies, and when they are ADJOURNMENT drilling now is the important thing. competitive in the world market, turn And those people who think that them loose, stop subsidizing everybody Mr. CARTER. Mr. Speaker, I move anywhere you stick an oil well down and let them compete. And may God that the House do now adjourn. there’s oil just don’t understand oil. bless every one of them. That’s the way The motion was agreed to; accord- They think there’s natural gas under Americans are supposed to operate. ingly (at 8 o’clock and 38 minutes any ground; they just don’t understand Until we get back to operating that p.m.), under its previous order, the natural gas. And by the way, when way, we’re going to find ourselves in House adjourned until tomorrow, Blake was talking about these inde- this up-and-down world of shortages. Wednesday, May 4, 2011, at 10 a.m. for pendents that drill an oil well, the av- And we’re going to find ourselves also morning-hour debate. erage cost of an oil well that is not in a final world of unemployment be- f that deep is about a million bucks. So cause since this recession, there’s only when you go out and gamble $1 million one place on Earth in the U.S. where EXECUTIVE COMMUNICATIONS, and come up dry, and you have to drill jobs are increasing, and that’s right ETC. another well and gamble another mil- here where we’re standing. Federal em- Under clause 2 of rule XIV, executive lion dollars, you know, these guys are ployment is up 11.7 percent, and the communications were taken from the the true entrepreneurs of this country, private economy is down 6.1 percent. Speaker’s table and referred as follows: and they can lose their shirt and then These are changes of employment since 1363. A letter from the Director, Regu- get lucky and find an oil well and get 2007. latory Management Division, Environmental their shirt back, but that’s the world So the only people creating jobs are Protection Agency, transmitting the Agen- they live in. Federal jobs. And I would argue that’s cy’s final rule — Flubendiamide; Pesticide That’s the world of exploration for not the way it’s supposed to work. It’s Tolerances [EPA-HQ-OPP-2007-0099; FRL- energy. And we’re not ashamed of it. all part of a policy which is mis- 8863-8] received March 22, 2011, pursuant to 5 We’re proud of it. We’re proud that we U.S.C. 801(a)(1)(A); to the Committee on Ag- directed. And I would say, because they riculture. still have people who are willing to don’t understand the nature of the in- 1364. A letter from the Director, Regu- take the risks that it takes to prosper dustries they’re dealing with and they latory Management Division, Environmental in America. Our economy, our world of really don’t realize how many BTUs of Protection Agency, transmitting the Agen- commerce in this country is built upon energy it takes to run these lights in cy’s final rule — Aspergillus flavus AF36; Ex- the risk takers. It’s those who invest this building, but it’s a ton of them. emption from the Requirement of a Toler- their capital and their labor into try- And I could tell you, my daddy sold ance [EPA-HQ-OPP-2010-0101; FRL-8868-7] re- ing to produce a product and how they, natural gas for 40 years of his life, and ceived March 22, 2011, pursuant to 5 U.S.C. between those two, they have some 801(a)(1)(A); to the Committee on Agri- he sold it cheap. If he was alive today, culture. successes and they live through their he’d crawl out of his grave. If he knew 1365. A letter from the Director, Regu- failures. And, unfortunately, we’ve be- about the price today, he’d crawl out of latory Management Division, Environmental come a world that thinks anybody that his grave and start selling natural gas. Protection Agency, transmitting the Agen- slips up on any form or fashion, we But that price has been driven up by cy’s final rule — Hexythiazox; Pesticide Tol- need to bail them out. I’ve got prob- the demand. erances [EPA-HQ-OPP-2009-0325; FRL-8868-6] lems with that. We’ve got this resource. This re- received April 4, 2011, pursuant to 5 U.S.C. Finally, another newspaper article. source, we can use it cleanly. We can 801(a)(1)(A); to the Committee on Agri- The Examiner says: oil imports spike protect our environment. We can live a culture. 1366. A letter from the Director, Regu- as Obama oil ban decreases domestic good life, and we can live the American latory Management Division, Environmental production. This was April 29, 2011. Dream. But you can’t do it by trying to Protection Agency, transmitting the Agen- This isn’t very far past. While oil pro- kill one industry to enhance another. cy’s final rule — Ethiprole; Pesticide Toler- duction in the gulf is down more than And I would argue that that is what ances [EPA-HQ-OPP-2009-0493; FRL-8863-1]

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.155 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE May 3, 2011 CONGRESSIONAL RECORD — HOUSE H2997 received April 4, 2011, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- to Chesapeake Bay, VA, and in the ap- 801(a)(1)(A); to the Committee on Agri- cy’s final rule — Clean Alternative Fuel Ve- proaches to the Cape Fear River, NC [Docket culture. hicle and Engine Conversions [EPA-HQ-OAR- No.: USCG-2010-0718] (RIN: 1625-AB55) re- 1367. A letter from the Chief Counsel, De- 2009-0299; FRL-9289-7] (RIN: 2060-AP64) re- ceived March 23, 2011, pursuant to 5 U.S.C. partment of Homeland Security, transmit- ceived April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Final 801(a)(1)(A); to the Committee on Energy and tation and Infrastructure. Flood Elevation Determinations [Docket ID: Commerce. 1385. A letter from the Attorney-Advisor, FEMA-2010-0003] received April 5, 2011, pursu- 1377. A letter from the Director, Regu- Department of Homeland Security, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee latory Management Division, Environmental ting the Department’s final rule — Notice of on Financial Services. Protection Agency, transmitting the Agen- Arrival on the Outer Continental Shelf 1368. A letter from the Legal Information cy’s final rule — LAND DISPOSAL RE- [Docket No.: USCG-2008-1088] (RIN: 1625- Assistant, Department of the Treasury, STRICTIONS: Site-Specific Treatment Vari- AB28) received March 23, 2011, pursuant to 5 transmitting the Department’s final rule — ance for Hazardous Selenium-Bearing Waste U.S.C. 801(a)(1)(A); to the Committee on Personal Transaction in Securities [Docket Treated by U.S. Ecology Nevada in Beatty, Transportation and Infrastructure. ID: OTS-2007-0010] (RIN: 1550-AC16) received NV and Withdrawal of Site-Specific Treat- 1386. A letter from the Attorney Advisor, April 5, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); ment Variance for Hazardous Selenium- Department of Homeland Security, transmit- to the Committee on Financial Services. Bearing Waste Issued to Chemical Waste ting the Department’s final rule — Security 1369. A letter from the Deputy to the Management in Kettleman Hills, CA [EPA- Zone, Michoud Slip Position 30 degrees Chairman for External Affairs, Federal De- HQ-RCRA-2010-0851; FRL-9290-6] received 0’34.2‘‘N, 89 degrees 55’40.7’’ W to Position 30 posit Insurance Corporation, transmitting April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); degrees 0’29.5‘‘ N, 89 degrees 55’52.6’’ W [Dock- the Corporation’s final rule — Deposit Insur- to the Committee on Energy and Commerce. et No.: USCG-2010-1087] (RIN: 1625-AA87) re- ance Regulations; Unlimited Coverage for 1378. A letter from the Director, Regu- ceived March 23,2011, pursuant to 5 U.S.C. Noninterest-Bearing Transaction Accounts; latory Management Division, Environmental 801(a)(1)(A); to the Committee on Transpor- Inclusion of Interest on Lawyers Trust Ac- Protection Agency, transmitting the Agen- tation and Infrastructure. counts (RIN: 3064-AD37) received April 5, cy’s final rule — National Emission Stand- 1387. A letter from the Attorney Advisor, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the ards for Hazardous Air Pollutant Emissions: Department of Homeland Security, transmit- Committee on Financial Services. Group I Polymers and Resins; Marine Tank ting the Department’s final rule — Safety 1370. A letter from the Director, Regu- Vessel Loading Operations; Pharmaceuticals Zone; New Year’s Celebration for the City of latory Management Division, Environmental Production; and The Printing and Publishing San Francisco, Fireworks Display, San Fran- Protection Agency, transmitting the Agen- Industry [EPA-HQ-OAR-2010-0600; FRL-9291- cisco, CA [Docket No.: USCG-2010-1108] (RIN: cy’s final rule — Hazardous Waste Manage- 3] (RIN: 2060-AO91) received April 4, 2011, pur- 1625-AA00) received March 23, 2011, pursuant ment System Identification and Listing of to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- Hazardous Waste; Final Exclusion [EPA-R03- Transportation and Infrastructure. mittee on Energy and Commerce. RCRA-2010-0132; FRL-9285-7] received March 1388. A letter from the Attorney Advisor, 1379. A letter from the Director, Regu- 22, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Homeland Security, transmit- latory Management Division, Environmental the Committee on Energy and Commerce. ting the Department’s final rule — Safety Protection Agency, transmitting the Agen- 1371. A letter from the Director, Regu- Zone; Beaufort River/Atlantic Intracoastal cy’s final rule — Oklahoma: Final Authoriza- latory Management Division, Environmental Waterway, Beaufort, SC [Docket No.: USCG- tion of State Hazardous Waste Management Protection Agency, transmitting the Agen- 2010-0995] (RIN: 1625-AA00) received March 23, Program Revision [EPA-R06-RCRA-2010-0307; cy’s final rule — Prevention of Significant 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the FRL-9291-1] received April 4, 2011, pursuant Deterioration (PSD) and Nonattainment New Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on Source Review (NSR): Reconsideration of In- structure. clusion of Fugitive Emissions; Interim Rule; Energy and Commerce. 1389. A letter from the Attorney Advisor, Stay and Revisions [EPA-HQ-OAR-2004-0014: 1380. A letter from the Director, Regu- Department of Homeland Security, transmit- FRL-9280-8] (RIN: 2060-AQ73) received March latory Management Division, Environmental ting the Department’s final rule — Safety 22, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- Zone; Ice Conditions for the Baltimore Cap- the Committee on Energy and Commerce. cy’s final rule — Standards of Performance tain of Port Zone [Docket No.: USCG-2010- 1372. A letter from the Director, Regu- for New Stationary Sources and Emissions 1136] (RIN: 1625-AA00) received March 23, latory Management Division, Environmental Guidelines for Existing Sources; Hospital/ 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- Medical/Infectious Waste Incinerators [EPA- Committee on Transportation and Infra- cy’s final rule — Revisions to the California HQ-OAR-2006-0534; FRL-9289-6] (RIN: 2060- structure. State Implementation Plan, San Joaquin AQ24) received April 4, 2011, pursuant to 5 1390. A letter from the Attorney Advisor, Valley Unified Air Pollution Control District U.S.C. 801(a)(1)(A); to the Committee on En- Department of Homeland Security, transmit- [EPA-R09-OAR-2010-0794; FRL-9297-2] re- ergy and Commerce. ting the Department’s final rule — Safety ceived March 22, 2011, pursuant to 5 U.S.C. 1381. A letter from the Attorney-Advisor, Zone; 500 yards North and South, bank to 801(a)(1)(A); to the Committee on Energy and Department of Homeland Security, transmit- bank, of position 29 degrees 48.77’N 091 de- Commerce. ting the Department’s final rule — Safety grees 33.02’W, Charenton Drainage and Navi- 1373. A letter from the Director, Regu- Zone; Allegheny River, Pittsburgh, PA gation Canal, St. Mary Parish, LA [Docket latory Management Divison, Environmental [Docket No.: USCG-2010-1082] (RIN: 1625- No.: USCG-2010-1120] (RIN: 1625-AA00) re- Protection Agency, transmitting the Agen- AA00) received March 23, 2011, pursuant to 5 ceived March 23, 2011, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- of Gila River Indian Community’s Tribal Im- Transportation and Infrastructure. tation and Infrastructure. plementation Plan [EPA-R09-OAR-2007-0296, 1382. A letter from the Attorney Advisor, 1391. A letter from the Attorney Advisor, FRL-9259-9] received March 22, 2011, pursuant Department of Homeland Security, transmit- Department of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Security ting the Department’s final rule — Safety Energy and Commerce. Zone; 23rd Annual North American Inter- Zone; Underwater Hazard, Gravesend Bay, 1374. A letter from the Director, Regu- national Auto Show, Detroit River, Detroit, Brooklyn, NY [Docket No.: USCG-2010-1126] latory Management Division, Environmental MI [Docket No.: USCG-2010-1133] (RIN: 1625- (RIN: 1625-AA00) received March 23, 2011, pur- Protection Agency, transmitting the Agen- AA87) received March 23, 2011, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Approval and Promulgation U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- of Air Quality Implementation Plans; Ohio; Transportation and Infrastructure. ture. Volatile Organic Compound Emission Con- 1383. A letter from the Attorney Advisor, 1392. A letter from the Chief, Publications trol Measures for Lithographic and Letter- Department of Homeland Security, transmit- and Regulations Branch, Internal Revenue press Printing in Cleveland [EPA-R05-OAR- ting the Department’s final rule — Regu- Service, transmitting the Service’s final rule 2010-0259; FRL-9285-4] received April 4, 2011, lated Navigation Area; Reporting Require- — Examination of returns and claims for re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ments for Barges Loaded With Certain Dan- fund, credit or abatement; determination of mittee on Energy and Commerce. gerous Cargoes, Inland Rivers, Eighth Coast correct tax liability (Rev. Proc. 2011-29) re- 1375. A letter from the Director, Regu- Guard District; Stay (Suspension) [USCG- ceived April 12, 2011, pursuant to 5 U.S.C. latory Management Division, Environmental 2010-1115] (RIN: 1625-AA11) received March 23, 801(a)(1)(A); to the Committee on Ways and Protection Agency, transmitting the Agen- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Means. cy’s final rule — Approval and Promulgation Committee on Transportation and Infra- f of Implementation Plans: Alabama: Final structure. Disapproval of Revisions to the Visible Emis- 1384. A letter from the Attorney-Advisor, REPORTS OF COMMITTEES ON sions Rule [EPA-R04-OAR-2005-AL-0002- Department of Homeland Security, transmit- PUBLIC BILLS AND RESOLUTIONS ting the Department’s final rule — Traffic 201047; FRL-9290-3] received April 4, 2011, pur- Under clause 2 of rule XIII, reports of suant to 5 U.S.C. 801(a)(1)(A); to the Com- Separation Schemes: In the approaches to mittee on Energy and Commerce. Portland, ME; in the approaches to Boston, committees were delivered to the Clerk 1376. A letter from the Director, Regu- MA; in the approaches to Narragansett Bay, for printing and reference to the proper latory Management Division, Environmental RI and Buzzards Bay, MA; in the approaches calendar, as follows:

VerDate Mar 15 2010 03:43 May 04, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\L03MY7.000 H03MYPT1 rfrederick on DSKD5P82C1PROD with HOUSE H2998 CONGRESSIONAL RECORD — HOUSE May 3, 2011 Mr. ROGERS of Michigan: Permanent Se- By Mrs. BIGGERT (for herself, Mr. Act of 1965 to provide grants to schools for lect Committee on Intelligence. H.R. 754. A MARKEY, Mr. MCNERNEY, and Ms. the development of asthma management bill to authorize appropriations for fiscal ESHOO): plans and the purchase of asthma medica- year 2011 for intelligence and intelligence-re- H.R. 1685. A bill to establish programs to tions and devices for emergency use, as nec- lated activities of the United States Govern- accelerate, provide incentives for, and exam- essary; to the Committee on Education and ment, the Community Management Account, ine the challenges and opportunities associ- the Workforce. and the Central Intelligence Agency Retire- ated with the deployment of electric drive By Mr. CARNEY: ment and Disability System, and for other vehicles, and for other purposes; to the Com- H.R. 1693. A bill to amend the Internal Rev- purposes; with an amendment (Rept. 112–72). mittee on Energy and Commerce, and in ad- enue Code of 1986 to make the research credit Referred to the Committee of the Whole dition to the Committees on Transportation permanent and to increase the alternative House on the State of the Union. and Infrastructure, Oversight and Govern- simplified research credit; to the Committee ment Reform, Ways and Means, and the on Ways and Means. f Budget, for a period to be subsequently de- By Mr. ENGEL: PUBLIC BILLS AND RESOLUTIONS termined by the Speaker, in each case for H.R. 1694. A bill to require the President to Under clause 2 of rule XII, public consideration of such provisions as fall with- issue guidance on Federal response to a in the jurisdiction of the committee con- large-scale nuclear disaster; to the Com- bills and resolutions of the following cerned. mittee on Transportation and Infrastruc- titles were introduced and severally re- By Mr. SHIMKUS (for himself, Mr. ture. ferred, as follows: KINZINGER of Illinois, and Mr. RUSH): By Ms. ESHOO (for herself, Mr. WAX- By Mr. STARK (for himself, Mr. FIL- H.R. 1686. A bill to designate the facility of MAN, Mr. MARKEY, Ms. MATSUI, and NER, Ms. MOORE, Mr. JACKSON of Illi- the United States Postal Service located at Ms. WOOLSEY): nois, Ms. CHU, Ms. BERKLEY, Mr. 200 South Morgan Street in Shelbyville, Illi- H.R. 1695. A bill to amend title 23, United QUIGLEY, Ms. TSONGAS, Mr. WAXMAN, nois, as the ‘‘Jesse M. Donaldson Post Of- States Code, to direct the Secretary of Mr. SERRANO, Mr. SABLAN, Mr. fice’’; to the Committee on Oversight and Transportation to require that broadband HASTINGS of Florida, Mr. ELLISON, Government Reform. conduit be installed as part of certain high- Mrs. DAVIS of California, Mr. OLVER, By Mr. SHIMKUS (for himself, Mr. way construction projects, and for other pur- NGEL ARTLETT Ms. LEE of California, Mr. WU, Mr. E , Mr. B , and Mr. poses; to the Committee on Transportation SRAEL POLIS, Mr. GRIJALVA, Mr. LEWIS of I ): and Infrastructure. H.R. 1687. A bill to amend chapter 329 of Georgia, Mr. HINCHEY, Mr. GUTIER- By Mr. GERLACH: title 49, United States Code, to ensure that H.R. 1696. A bill to establish an Office of REZ, Mr. ROTHMAN of New Jersey, Ms. new vehicles enable fuel competition so as to Public Advocate within the Department of RICHARDSON, Ms. NORTON, Ms. MAT- reduce the strategic importance of oil to the Justice to provide services and guidance to SUI, Mr. MORAN, Ms. BALDWIN, Ms. United States; to the Committee on Energy citizens in dealing with concerns involving ESHOO, Mr. NADLER, Ms. DELAURO, and Commerce. the Federal Energy Regulatory Commission, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. By Mr. RUNYAN: and for other purposes; to the Committee on PINGREE of Maine, and Mr. WEINER): H.R. 1688. A bill to provide for pay parity H.R. 1681. A bill to prohibit discrimination Energy and Commerce, and in addition to for civilian employees serving at joint mili- the Committee on the Judiciary, for a period in adoption or foster care placements based tary installations; to the Committee on on the sexual orientation, gender identity, or to be subsequently determined by the Speak- Oversight and Government Reform. er, in each case for consideration of such pro- marital status of any prospective adoptive or By Mr. BISHOP of New York (for him- foster parent, or the sexual orientation or visions as fall within the jurisdiction of the self, Mr. FILNER, Ms. SCHWARTZ, Ms. gender identity of the child involved; to the committee concerned. LEE of California, Ms. HIRONO, Mrs. Committee on Ways and Means. By Mr. LUETKEMEYER: MALONEY, Mr. ENGEL, Mr. CARNEY, H.R. 1697. A bill to enhance the ability of By Mr. ROSS of Arkansas: Mr. MCGOVERN, Mr. ROTHMAN of New H.R. 1682. A bill to promote alternative and community banks to foster economic growth Jersey, Ms. MOORE, Ms. LINDA T. renewable fuels and domestic energy produc- and serve their communities, boost small SA´ NCHEZ of California, Mr. ACKER- tion, and for other purposes; to the Com- businesses, increase individual savings, and MAN, Mr. DEUTCH, Mr. BLUMENAUER, mittee on Natural Resources, and in addition for other purposes; to the Committee on Mr. JACKSON of Illinois, Mr. RUSH, to the Committee on Energy and Commerce, Ways and Means, and in addition to the Com- Mr. YARMUTH, Mr. VAN HOLLEN, Mr. for a period to be subsequently determined mittees on Financial Services, and Agri- HOLT, Ms. CASTOR of Florida, Mr. by the Speaker, in each case for consider- culture, for a period to be subsequently de- JOHNSON of Georgia, Mr. CARNAHAN, termined by the Speaker, in each case for ation of such provisions as fall within the ju- Mr. HINCHEY, Mr. WELCH, Mr. KILDEE, consideration of such provisions as fall with- risdiction of the committee concerned. Mr. TONKO, Mr. FARR, Ms. HANABUSA, in the jurisdiction of the committee con- By Mr. GINGREY of Georgia (for him- Mr. QUIGLEY, Mr. CICILLINE, Mrs. cerned. self, Mrs. MCMORRIS RODGERS, Mr. LOWEY, Mr. KEATING, Mr. CONYERS, By Mrs. MYRICK: UPTON, Mr. PITTS, Mr. HARPER, and Mr. NADLER, Ms. KAPTUR, Ms. NOR- H.R. 1698. A bill to amend the Immigration Mr. LANCE): and Nationality Act to increase penalties for H.R. 1683. A bill to restore the long- TON, Mr. BRADY of Pennsylvania, employing illegal aliens; to the Committee standing partnership between States and the Mrs. CAPPS, Ms. BASS of California, on the Judiciary. Federal Government in managing the Med- Ms. MCCOLLUM, Mr. BRALEY of Iowa, By Mr. POE of Texas (for himself and icaid program; to the Committee on Energy Mr. MEEKS, Ms. SLAUGHTER, Mr. GEORGE MILLER of California, Mr. Mr. WEST): and Commerce. H.R. 1699. A bill to prohibit assistance to By Ms. SUTTON (for herself, Mr. GRIJALVA, Mr. ISRAEL, Ms. ROYBAL- ALLARD, Mr. ANDREWS, Mr. HIGGINS, Pakistan; to the Committee on Foreign Af- MCKINLEY, Mr. LIPINSKI, Mr. BISHOP Ms. SUTTON, and Mr. SERRANO): fairs. of New York, Mr. JONES, Mr. BRALEY H.R. 1689. A bill to amend the Internal Rev- By Mr. PRICE of Georgia (for himself of Iowa, Mr. DEFAZIO, Mr. MICHAUD, enue Code of 1986 to disallow the deduction and Mr. SESSIONS): Ms. DELAURO, Mr. SARBANES, Mr. for income attributable to domestic produc- H.R. 1700. A bill to amend title XVIII of the COHEN, Mr. YARMUTH, Mr. GEORGE tion activities with respect to oil and gas ac- Social Security Act to establish a Medicare MILLER of California, Mr. LYNCH, Ms. tivities of major integrated oil companies; to payment option for patients and physicians KAPTUR, Mr. GENE GREEN of Texas, the Committee on Ways and Means. or practitioners to freely contract, without ´ Ms. LINDA T. SANCHEZ of California, By Mr. ROGERS of Alabama (for him- penalty, for Medicare fee-for-service items Ms. HIRONO, Mr. MURPHY of Con- self, Mr. MCCAUL, Mr. WALSH of Illi- and services, while allowing Medicare bene- necticut, Mr. OLVER, Mr. ANDREWS, nois, and Mr. BROOKS): ficiaries to use their Medicare benefits; to Ms. EDWARDS, Mr. LEWIS of Georgia, H.R. 1690. A bill to amend titles 49 and 46, the Committee on Energy and Commerce, Mr. TONKO, Mr. COURTNEY, Mr. DIN- United States Code, and the Homeland Secu- and in addition to the Committee on Ways GELL, Mr. FILNER, Mr. GARAMENDI, rity Act of 2002 to provide for certain im- and Means, for a period to be subsequently Mr. DOYLE, Ms. SCHAKOWSKY, and Ms. provements in surface transportation secu- determined by the Speaker, in each case for PINGREE of Maine): rity, and for other purposes; to the Com- consideration of such provisions as fall with- H.R. 1684. A bill to require the use of Amer- mittee on Homeland Security. in the jurisdiction of the committee con- ican iron, steel, and manufactured goods in By Ms. RICHARDSON: cerned. the construction, alteration, and repair of H.R. 1691. A bill to clarify the application By Mr. POLIS: public water systems and treatment works; of section 14501(d) of title 49, United States H.R. 1701. A bill to designate certain lands to the Committee on Energy and Commerce, Code, to prevent the imposition of unreason- in the State of Colorado as components of and in addition to the Committee on Trans- able transportation terminal fees; to the the National Wilderness Preservation Sys- portation and Infrastructure, for a period to Committee on Transportation and Infra- tem, to designate the Red Table Mountain, be subsequently determined by the Speaker, structure. Pisgah Mountain, Castle Peak, Tenmile, in each case for consideration of such provi- By Ms. HIRONO: Hoosier Ridge, and Porcupine Gulch Special sions as fall within the jurisdiction of the H.R. 1692. A bill to amend part D of title V Management Areas, and for other purposes; committee concerned. of the Elementary and Secondary Education to the Committee on Natural Resources.

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By Mr. QUIGLEY (for himself, Mr. FALEOMAVAEGA, Mr. SCHIFF, Mrs. The Constitutional authority on which WALZ of Minnesota, and Mr. PETERS): CHRISTENSEN, Mr. TOWNS, Mr. JACK- this bill rests is the power of Congress to es- H.R. 1702. A bill to amend the Internal Rev- SON of Illinois, Mr. AL GREEN of tablish post offices and post roads as enu- enue Code of 1986 to allow the mortgage in- Texas, Mr. ELLISON, Mr. RUSH, Mr. merated in Article I, Section 8, Clause 7 of terest deduction with respect to boats only if CLAY, Mrs. DAVIS of California, Mr. the United States Constitution. the boat is used as the principal residence of SCOTT of Virginia, Mr. GEORGE MIL- By Mr. SHIMKUS: the taxpayer; to the Committee on Ways and LER of California, Mr. SABLAN, Mr. H.R. 1687. Means. NADLER, Ms. BORDALLO, Mr. CROW- Congress has the power to enact this legis- By Mr. VISCLOSKY (for himself and LEY, Mr. GRIJALVA, Mr. GUTIERREZ, lation pursuant to the following: Mr. MURPHY of Pennsylvania): Mr. HINOJOSA, Mrs. MALONEY, Ms. The constitutional authority on which this H.R. 1703. A bill to require certain Federal HANABUSA, Mr. CONNOLLY of Virginia, bill rests is the power of Congress as stated agencies to use iron and steel produced in Ms. HIRONO, Ms. WOOLSEY, Mr. in Article I, Section 8 Clause 3 of the United the United States in carrying out projects LARSON of Connecticut, Mr. ROTHMAN States Constitution. for the construction, alteration, or repair of of New Jersey, Mr. FILNER, Mr. LEWIS By Mr. RUNYAN: a public building or public work, and for of Georgia, Ms. MCCOLLUM, Mr. H.R. 1688. other purposes; to the Committee on Trans- BLUMENAUER, Ms. ZOE LOFGREN of Congress has the power to enact this legis- portation and Infrastructure, and in addition California, Ms. ROYBAL-ALLARD, Mr. lation pursuant to the following: to the Committees on Homeland Security, CLARKE of Michigan, Mr. BECERRA, Article 1, Section 8 and Armed Services, for a period to be subse- Mr. CONYERS, Ms. SCHAKOWSKY, and By Mr. BISHOP of New York: quently determined by the Speaker, in each Mr. MCNERNEY): H.R. 1689. case for consideration of such provisions as H. Res. 243. A resolution celebrating Asian/ Congress has the power to enact this legis- fall within the jurisdiction of the committee Pacific American Heritage Month; to the lation pursuant to the following: concerned. Committee on Oversight and Government Article 1, Sec. 8, Clause 1 and the 16th By Ms. WOOLSEY: Reform. Amendment H.R. 1704. A bill to direct the Secretary of By Mr. HASTINGS of Florida: By Mr. ROGERS of Alabama: Education to establish an award program H. Res. 244. A resolution expressing the H.R. 1690. recognizing excellence exhibited by public sense of the House of Representatives that a Congress has the power to enact this legis- school system employees providing services Palestinian government which includes lation pursuant to the following: to students in pre-kindergarten through Hamas should be prohibited from receiving This bill is enacted pursuant to Article I, higher education; to the Committee on Edu- United States aid until that government Section 8, Clause 1 of the Constitution of the cation and the Workforce. publicly commits to the Quartet principles; United States and Article I, Section 8, By Ms. JACKSON LEE of Texas (for to the Committee on Foreign Affairs. Clause 18 of the Constitution of the United herself, Mr. KINGSTON, Mr. States. RUPPERSBERGER, Mr. DICKS, Ms. KAP- f By Ms. RICHARDSON: TUR, Mr. LIPINSKI, Mr. REYES, Mr. CONSTITUTIONAL AUTHORITY H.R. 1691. JONES, Mr. LANCE, Mr. WILSON of STATEMENT Congress has the power to enact this legis- South Carolina, Mr. LOEBSACK, Mr. lation pursuant to the following: WEST, Mrs. MALONEY, Mr. TIERNEY, Pursuant to clause 7 of rule XII of This bill is enacted pursuant to the power Mr. MCCAUL, Mr. CUELLAR, Mr. the Rules of the House of Representa- granted to Congress under Article I, Section CUMMINGS, Mr. HOYER, Mr. COHEN, tives, the following statements are sub- 8, Clause 3 of the United States Constitution. Mr. SERRANO, Ms. VELA´ ZQUEZ, Mr. mitted regarding the specific powers By Ms. HIRONO: GONZALEZ, Mr. BOSWELL, Mr. granted to Congress in the Constitu- H.R. 1692. HINOJOSA, Mr. LEWIS of Georgia, Mr. tion to enact the accompanying bill or Congress has the power to enact this legis- BISHOP of Georgia, Mr. LARSON of lation pursuant to the following: Connecticut, Ms. RICHARDSON, Ms. joint resolution. Article I, Section 8, Clause 1 BASS of California, Mr. SMITH of By Mr. STARK: The Congress shall have Power to lay and Washington, Mr. SHULER, Mr. LYNCH, H.R. 1681. collect Taxes, Duties, Imposts and Excises, Mr. BOREN, Mr. BARROW, Mrs. Congress has the power to enact this legis- to pay the Debts and provide for the common SCHMIDT, Mr. MATHESON, Mr. SMITH lation pursuant to the following: Defence and general Welfare of the United of Nebraska, Mr. CHANDLER, Mr. ROSS Clause 1, Section 8 of article I of the Con- States; but all Duties, Imposts and Excises of Arkansas, Mr. RANGEL, and Ms. stitution shall be uniform throughout the United BERKLEY): Section 5 of Amendment XIV to the Con- States. H. Res. 240. A resolution commending stitution By Mr. CARNEY: President Barack Obama and the men and By Mr. ROSS of Arkansas: H.R. 1693. women of the military and intelligence agen- H.R. 1682. Congress has the power to enact this legis- cies for the successful completion of the op- Congress has the power to enact this legis- lation pursuant to the following: eration that led to the death of Osama bin lation pursuant to the following: Clause 1 of section 8 of article I of the Con- Laden; to the Committee on Armed Services, Article I, Section 8, Clause 3 of the United stitution and in addition to the Committees on Intel- States Constitution which states that Con- By Mr. ENGEL: ligence (Permanent Select), and Homeland gress has the power ‘‘. . . To regulate Com- H.R. 1694. Security, for a period to be subsequently de- merce with foreign Nations, and among the Congress has the power to enact this legis- termined by the Speaker, in each case for several States, and with the Indian Tribes.’’ lation pursuant to the following: consideration of such provisions as fall with- By Mr. GINGREY of Georgia: The bill is enacted pursuant to the power in the jurisdiction of the committee con- H.R. 1683. granted to Congress under the following pro- cerned. Congress has the power to enact this legis- visions of the United states Constitution: By Mr. MCCOTTER: lation pursuant to the following: Article I, Section 1; H. Res. 241. A resolution honoring the The constitutional authority on which this Article I, Section 8, Clause 1; members of the United States Armed Forces, legislation is based is found in Article I, Sec- Article I, Section 8, Clause 3; and the intelligence community, and the Obama tion 8, Clause 1 of the Constitution which Article I, Section 8, Clause 18. and Bush Administrations whose dedicated grants Congress the power to provide for the By Ms. ESHOO: service brought the murderous terrorist general Welfare of the United States. H.R. 1695. leader Osama bin Laden to justice; to the By Ms. SUTTON: Congress has the power to enact this legis- Committee on Armed Services, and in addi- H.R. 1684. lation pursuant to the following: tion to the Committee on Intelligence (Per- Congress has the power to enact this legis- Article I, Section 8, Clause 1: manent Select), for a period to be subse- lation pursuant to the following: ‘‘The Congress shall have Power to lay and quently determined by the Speaker, in each Article I, Section 8 of the United States collect Taxes, Duties, Imposts and Excises, case for consideration of such provisions as Constitution. to pay the Debts and provide for the common fall within the jurisdiction of the committee By Mrs. BIGGERT: Defence and general Welfare of the United concerned. H.R. 1685. States; but all Duties, Imposts and Excises By Ms. BASS of California (for herself Congress has the power to enact this legis- shall be uniform throughout the United and Mr. MCDERMOTT): lation pursuant to the following: States.’’ H. Res. 242. A resolution recognizing May This bill is enacted pursuant to the power Article I, Section 8, Clause 18: as ‘‘National Foster Care Month’’; to the granted to Congress under Article I, Section ‘‘To make all laws which shall be nec- Committee on Ways and Means. 8, Clause 3 of the United States Constitution. essary and proper.’’ By Ms. CHU (for herself, Mr. WU, Ms. By Mr. SHIMKUS: By Mr. GERLACH: LEE of California, Ms. MATSUI, Mr. H.R. 1686. H.R. 1696. HONDA, Mr. STARK, Mr. MCDERMOTT, Congress has the power to enact this legis- Congress has the power to enact this legis- Ms. RICHARDSON, Ms. SPEIER, Mr. lation pursuant to the following: lation pursuant to the following:

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The Congress enacts this bill pursuant to H.R. 5: Mr. NUNNELEE, Mr. GARDNER, and MORAN, Mr. FRANK of Massachusetts, Mr. Clause 18 of Section 8 of Article I of the Mr. WOMACK. YARMUTH, and Mr. LUETKEMEYER. United States Constitution. H.R. 10: Mrs. BLACK. H.R. 870: Ms. JACKSON LEE of Texas, Mr. By Mr. LUETKEMEYER: H.R. 25: Mr. ROE of Tennessee. JOHNSON of Georgia, Mr. GRIJALVA, and Mr. H.R. 1697. H.R. 49: Mr. GARY G. MILLER of California PAYNE. Congress has the power to enact this legis- and Mr. FLEISCHMANN. H.R. 883: Mr. PAYNE. lation pursuant to the following: H.R. 96: Mr. FARENTHOLD. H.R. 885: Ms. PINGREE of Maine and Ms. The constitutional authority on which this H.R. 100: Mr. FRANKS of Arizona, and Mr. BALDWIN. bill rests is the explicit power of Congress to ROSS of Florida. H.R. 890: Mr. ROSS of Florida, Mr. PENCE, regulate commerce in and among the states, H.R. 104: Mr. GEORGE MILLER of California, Mr. ROTHMAN of New Jersey, Mr. VAN as enumerate in Article 1, Section 8, Clause Mr. CONNOLLY of Virginia, Mr. KINGSTON, and HOLLEN, Mrs. MYRICK, and Mr. SCHIFF. 3, the Commerce Clause, of the United States Mr. CARNAHAN. H.R. 895: Ms. JENKINS. Constitution. H.R. 140: Mr. ADERHOLT. H.R. 931: Mr. ROSS of Florida. Additionally, the constitutional authority H.R. 149: Mr. DUNCAN of Tennessee and Mr. H.R. 948: Mr. COHEN. on which the tax provisions of this bill rest ROSS of Florida. H.R. 964: Ms. CHU, Mr. CICILLINE, Ms. is the power of Congress to explicitly lay and H.R. 150: Mr. DUNCAN of Tennesse and Mr. SLAUGHTER, Mr. RUSH, and Mr. ROTHMAN of collect taxes, duties, imposts and excises, to ROSS of Florida. New Jersey. pay the Debts and provide for the common H.R. 166: Mr. RYAN of Wisconsin. H.R. 969: Mr. MARCHANT. defense and general welfare of the United H.R. 177: Mr. FLORES. H.R. 971: Mr. RUPPERSBERGER. States; and therefore implicitly allows Con- H.R. 178: Mr. TIERNEY, Mr. GONZALEZ, Ms. H.R. 972: Ms. JENKINS, Mr. NUGENT, and Mr. gress to reduce taxes; as enumerated in Arti- PINGREE of Maine, Mr. CUMMINGS, Mr. MIL- SCALISE. cle 1, Section 8, Clause 1 of the United States LER of Florida, Mr. PLATTS, Mr. STIVERS, Mr. H.R. 991: Mr. WITTMAN, Mr. CONAWAY, Mr. Constitution. CICILLINE, Mrs. DAVIS of California, Mr. CARTER, and Mr. SIMPSON. By Mrs. MYRICK: POSEY, and Mr. GRIFFIN of Arkansas. H.R. 993: Mr. NEUGEBAUER. H.R. 1698. H.R. 181: Mr. PLATTS, Mr. STIVERS, Mr. H.R. 998: Mr. REYES and Mr. WALZ of Min- Congress has the power to enact this legis- POSEY, and Mr. WEST. nesota. lation pursuant to the following: H.R. 198: Mr. WEST. H.R. 1001: Ms. WOOLSEY, Mr. MCGOVERN, Clause 4 of Section 18 of Article 1 of the US H.R. 208: Mr. STIVERS. Mr. ACKERMAN, Mr. WEINER, Mr. DEUTCH, and Constitution H.R. 219: Mr. AUSTRIA. Mr. BACA. By Mr. POE of Texas: H.R. 234: Mr. GRIFFIN of Arkansas and Mr. H.R. 1004: Mr. MURPHY of Connecticut and H.R. 1699. WESTMORELAND. Mr. GERLACH. Congress has the power to enact this legis- H.R. 245: Mr. JONES. H.R. 1005: Mr. TIERNEY. lation pursuant to the following: H.R. 320: Mr. ISSA, Mr. CRENSHAW, Mr. H.R. 1006: Mr. DOLD. Article I, Section 8, Clause 3 and Article I, BILBRAY, Mr. LEWIS of California, Mrs. H.R. 1041: Mr. JOHNSON of Ohio, Mr. ISRAEL, Section 9, Clause 7 BLACKBURN, Mr. GARY G. MILLER of Cali- and Mrs. MILLER of Michigan. H.R. 1057: Ms. RICHARDSON, Mr. CONYERS, By Mr. PRICE of Georgia: fornia, Mr. BACA, Mr. DICKS, Mr. BURTON of Mr. CHANDLER, Mrs. EMERSON, and Ms. CAS- H.R. 1700. Indiana, Mr. PETERSON, Mr. MCKEON, Mr. TOR of Florida. Congress has the power to enact this legis- THORNBERRY, and Mr. CAMPBELL. H.R. 1105: Ms. RICHARDSON, Mr. HIGGINS, lation pursuant to the following: H.R. 365: Mr. LONG. Ms. BORDALLO, Mr. FILNER, and Ms. MOORE. The Fifth Amendment provides that no H.R. 371: Mr. HULTGREN. H.R. 1112: Mr. HENSARLING. person shall be deprived of life, liberty, or H.R. 421: Mr. HUIZENGA of Michigan, Mr. H.R. 1130: Mr. PLATTS. property, without due process of law. This ROE of Tennessee, Mr. CARTER, Mr. H.R. 1134: Mr. GRIFFIN of Arkansas and Mr. bill ensures that the rights of Medicare bene- CULBERSON, and Mrs. LUMMIS. ROSS of Florida. ficiaries to independently contract are not H.R. 452: Mr. DAVIS of Kentucky, Mr. JOHN- H.R. 1154: Mr. DOLD. infringed by the federal government. SON of Ohio, and Mr. CANSECO. H.R. 1167: Mr. LANKFORD and Mr. LAMBORN. By Mr. POLIS: H.R. 458: Mr. CONYERS, Ms. FUDGE, Ms. ZOE H.R. 1173: Mr. BURTON of Indiana. H.R. 1701. LOFGREN of California, and Mr. PAYNE. H.R. 1181: Mrs. MILLER of Michigan. Congress has the power to enact this legis- H.R. 459: Mr. TIERNEY, Mr. YARMUTH, Mr. H.R. 1183: Mr. FARR. lation pursuant to the following: STARK, Mr. RUNYAN, and Mr. HUELSKAMP. The constitutional authority of Congress H.R. 1185: Mr. PAUL. H.R. 469: Mr. RUSH. to enact this legislation is provided by Arti- H.R. 1206: Mr. WALBERG, Mr. KINZINGER of H.R. 520: Mr. COHEN. cle I, section 8 of the United States Constitu- Illinois, and Mr. RIBBLE. H.R. 521: Mr. FARR. H.R. 1208: Mr. SARBANES, Ms. KAPTUR, and tion, specifically clause 1 (relating to the H.R. 546: Ms. BROWN of Florida, Mr. GARY Mr. FILNER. power of Congress to provide for the general G. MILLER of California, Mr. COLE, Mr. TURN- H.R. 1211: Mr. KING of Iowa. welfare of the United States) and clause 18 ER, Mr. ELLISON, Mrs. BIGGERT, and Mr. BAR- (relating to the power to make all laws nec- H.R. 1254: Mr. DOLD. TON of Texas. H.R. 1259: Mr. POMPEO, Mr. RENACCI, Mr. essary and proper for carrying out the pow- H.R. 567: Mr. HANNA. ers vested in Congress), and Article IV, sec- LAMBORN, and Mr. KELLY. H.R. 574: Mr. FRANK of Massachusetts. H.R. 1293: Ms. MCCOLLUM, Mr. GRIJALVA, tion 3, clause 2 (relating to the power of Con- H.R. 598: Mr. VAN HOLLEN. gress to dispose of and make all needful rules Mr. RUSH, and Mr. MCGOVERN. H.R. 601: Mr. PETERS. H.R. 1319: Mr. FARR. and regulations respecting the territory or H.R. 612: Mr. BLUMENAUER. other property belonging to the United H.R. 1325: Mr. ROSS of Arkansas and Mr. H.R. 613: Ms. SUTTON. BARROW. States). H.R. 615: Mr. GRAVES of Georgia, Mr. By Mr. QUIGLEY: H.R. 1334: Mr. STARK. HANNA, Mr. LANKFORD, Mrs. BLACKBURN, and H.R. 1342: Mr. DESJARLAIS, Mr. COSTELLO, H.R. 1702. Mrs. ADAMS. Congress has the power to enact this legis- and Mr. INSLEE. H.R. 634: Mr. MCCOTTER. H.R. 1356: Mr. ROSS of Florida. lation pursuant to the following: H.R. 676: Mr. WELCH. Article I, Section 8 of the U.S. Constitu- H.R. 1370: Mr. SCHWEIKERT. H.R. 687: Mr. GINGREY of Georgia. tion. H.R. 1380: Mr. COFFMAN of Colorado. H.R. 693: Mr. BARLETTA. H.R. 1385: Mr. PETRI. By Mr. VISCLOSKY: H.R. 758: Mr. KLINE. H.R. 1703. H.R. 1386: Mr. PAYNE. H.R. 763: Mr. SHUSTER and Mr. OWENS. Congress has the power to enact this legis- H.R. 1391: Mr. CHAFFETZ, Mr. DUNCAN of H.R. 764: Ms. GRANGER and Mr. HULTGREN. lation pursuant to the following: South Carolina, Mr. SMITH of Nebraska, Mr. H.R. 777: Mr. TERRY and Ms. PINGREE of Clause 3 of Section 8 of Article I of the BOSWELL, and Ms. JENKINS. Maine. Constitution H.R. 1397: Mr. PAYNE. H.R. 780: Mr. DAVIS of Illinois. By Ms. WOOLSEY: H.R. 1398: Mr. KINZINGER of Illinois. H.R. 820: Ms. CHU, Mr. CONYERS, Mr. PAS- H.R. 1704. H.R. 1407: Mr. LOBIONDO. TOR of Arizona, and Mr. RYAN of Ohio. Congress has the power to enact this legis- H.R. 1409: Mr. DUNCAN of Tennessee. H.R. 822: Mrs. ROBY, Mr. RIGELL, and Mr. lation pursuant to the following: H.R. 1422: Mr. COURTNEY. This bill is introduced under the powers CRAWFORD. H.R. 1441: Mr. LOEBSACK. granted to Congress under Article 1 of the H.R. 831: Ms. SCHWARTZ. H.R. 1448: Mr. CONYERS and Mr. VAN H.R. 835: Mr. REICHERT. Constitution. HOLLEN. H.R. 860: Ms. SUTTON, Mrs. NAPOLITANO, H.R. 1456: Mr. WELCH. f Mr. PASCRELL, Ms. EDDIE BERNICE JOHNSON H.R. 1474: Mr. HALL. ADDITIONAL SPONSORS of Texas, Mr. SCHOCK, Mr. PAUL, Mr. FARR, H.R. 1475: Ms. MCCOLLUM and Mr. ELLISON. Mr. LEWIS of Georgia, Mr. MCDERMOTT, Mr. H.R. 1479: Mr. PETRI. Under clause 7 of rule XII, sponsors GONZALEZ, Mr. CAPUANO, Mr. COURTNEY, Ms. H.R. 1501: Mr. JOHNSON of Ohio. were added to public bills and resolu- LEE of California, Ms. DELAURO, Ms. ROS- H.R. 1523: Mr. WU, Mr. KILDEE, Mr. PLATTS, tions as follows: LEHTINEN, Mr. JOHNSON of Georgia, Mr. Mr. COHEN, and Mr. DIAZ-BALART.

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H.R. 1525: Mr. HINOJOSA. H. Con. Res. 25: Mr. PLATTS. H.R. 1229 H.R. 1536: Mr. CANSECO. H. Con. Res. 39: Mr. WESTMORELAND. H.R. 1541: Mr. MCCOTTER. H. Con. Res. 40: Mr. LEVIN. OFFERED BY: MR. BUCHANAN H.R. 1545: Mr. FARENTHOLD. H. Res. 25: Mr. BISHOP of Utah, Mrs. H.R. 1558: Mr. AUSTIN Scott of Georgia, Mr. AMENDMENT NO. 1: At the end of the bill MCCARTHY of New York, Mr. BROOK, Mr. CANSECO, and Mr. KISSELL. add the following new title: WALSH of Illinois, and Mr. CLEAVER. H.R. 1571: Mr. LUETKEMEYER. H. Res. 81: Mr. HOLT. H.R. 1573: Mr. JOHNSON of Illinois, Mr. TITLE ll—DENIAL OF LEASES AND PER- NEUGEBAUER, Mrs. SCHMIDT, Mr. THOMPSON of H. Res. 137: Mr. HONDA and Ms. PINGREE of MITS FOR ENGAGING IN ACTIVITIES Pennsylvania, Mr. CRAWFORD, Mrs. ELLMERS, Maine. WITH FOREIGN GOVERNMENTS SUB- Mr. GIBBS, Mr. GIBSON, Mr. HULTGREN, Mr. H. Res. 208: Mr. DUNCAN of Tennessee. JECT TO EMBARGO RIBBLE, Mr. AUSTIN SCOTT of Georgia, Mr. H. Res. 209: Mr. DUNCAN of Tennessee. H. Res. 227: Mr. HINOJOSA, Mr. HOLDEN, Ms. SEC. l 01. AUTHORITY TO DENY OIL AND GAS KINGSTON, Mr. HENSARLING, Mr. HANNA, and LEASES AND PERMITS TO PERSONS SUTTON, Mr. PAYNE, Mr. DEUTCH, Mr. ROTH- Ms. JENKINS. WHO ENGAGE IN ACTIVITIES WITH H.R. 1574: Mr. COSTELLO, Mr. FILNER, Mr. MAN of New Jersey, Mr. LEVIN, and Mr. HOLT. CERTAIN FOREIGN COUNTRIES. WAXMAN, Mr. MORAN, Mr. PAYNE, Mr. OLVER, f and Mr. JACKSON of Illinois. Section 8(Q) of the Outer Continental Shelf H.R. 1588: Mr. HASTINGS of Florida and Mr. DELETIONS OF SPONSORS FROM Lands Act (43 U.S.C. 1337(a)) is amended by LUETKEMEYER. PUBLIC BILLS AND RESOLUTIONS adding at the end the following: H.R. 1596: Mr. NADLER, Mr. GRIJALVA, and ‘‘(9) The Secretary may deny issuance of Mrs. CAPPS. Under clause 7 of rule XII, sponsors H.R. 1605: Mr. RENACCI. were deleted from public bills and reso- an oil and gas lease under this Act, or a per- H.R. 1620: Mr. COFFMAN of Colorado. lutions as follows: mit for exploration, development, or produc- H.R. 1639: Mr. ROGERS of Kentucky, Mr. tion under such a lease, to any person that H.R. 1081: Mr. WILSON of South Carolina. PAUL, and Mr. ROSS of Florida. has engaged in activities with the govern- H.R. 1646: Mr. MICA. f ment of any foreign country that is subject H.R. 1655: Mr. SIRES. to any sanction or an embargo established H.R. 1675: Mr. TIBERI. AMENDMENTS H.J. Res. 42: Mr. HUNTER and Mr. GRIFFITH by the Government of the United States, in- of Virginia. Under clause 8 of rule XVIII, pro- cluding any sanction or embargo established H.J. Res. 56: Mr. AMASH and Mrs. MILLER of posed amendments were submitted as under section 203 of the Emergency Eco- Michigan. follows: nomic Powers Act (50 U.S.C. 1702).’’.

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Vol. 157 WASHINGTON, TUESDAY, MAY 3, 2011 No. 58 Senate The Senate met at 10 a.m. and was Senator from the State of New Hampshire, The ACTING PRESIDENT pro tem- called to order by the Honorable to perform the duties of the Chair. pore. Without objection, it is so or- JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, dered. State of New Hampshire. President pro tempore. Mr. REID. Additionally, I also filed Mrs. SHAHEEN thereupon assumed cloture on the nomination of John PRAYER the chair as Acting President pro tem- McConnell of Rhode Island to be a dis- pore. The Chaplain, Dr. Barry C. Black, of- trict judge for the District of Rhode Is- fered the following prayer: f land. This vote may also occur tomor- Let us pray. RECOGNITION OF THE MAJORITY row morning. Almighty and eternal God, we desire LEADER SBIR/STTR to honor Your holy name. Thank You The ACTING PRESIDENT pro tem- The bill before this body today, the for blessing us to see the sunlight of a pore. The majority leader is recog- small business innovation bill, is the new day. Today, lift the minds of our nized. latest in a series of bills we have writ- lawmakers above the things that dis- ten to help small businesses grow. It f tract them from doing Your will. May supports a research and development their hearts be fully focused on ful- SCHEDULE program—the Small Business Innova- filling Your purposes as they strive to Mr. REID. Madam President, fol- tion Research Program—that has live for Your glory. Lord, give them lowing any leader remarks, the Senate helped tens of thousands of small busi- the wisdom to use all their powers to will be in a period of morning business nesses create jobs and shape the future. serve You, seeking Your approval for until 5 p.m. this evening. The Repub- This bill is an adaptation of the bill each critical decision they make. Let licans will control the first 30 minutes, that President Reagan created 30 years Your favor delight them and Your pres- the majority will control the next 30 ago. It is a continuation of that pro- ence sustain them in every season of minutes. gram. It has been proven that these in- life. The Senate will recess from 12:30 to vestments work. It helped get great We pray in Your great Name. Amen. 2:15 to allow for our weekly caucus new ideas off the ground. For example, meetings. We expect to have a rollcall the electric toothbrush was invented f vote this afternoon on the adoption of with a small business grant, the sat- the resolution commending our Armed ellite antenna that helped our first re- PLEDGE OF ALLEGIANCE Forces and the intelligence community sponders in Haiti, to technologies that The Honorable JEANNE SHAHEEN led regarding the death of bin Laden. Sen- keep our food safe and our military the Pledge of Allegiance, as follows: ators will be notified when that vote is tanks from overheating in the desert. I pledge allegiance to the Flag of the scheduled. These are all the result of what this United States of America, and to the Repub- Additionally, there is a Senators- legislation has done over the years. lic for which it stands, one nation under God, only briefing today—it is classified—on There are success stories in virtually indivisible, with liberty and justice for all. the U.S. operation that killed Osama every State and nearly every industry. f bin Laden. That will be at 5 p.m. today Before the recess, we spent days in the Visitor Center. working on an agreement to have votes APPOINTMENT OF ACTING CIA Director Leon Panetta will be on three amendments on this bill so we PRESIDENT PRO TEMPORE there; Vice Chairman of the Joint could move forward and finally pass it. Chiefs of Staff James Cartwright will We have voted on many amendments. The PRESIDING OFFICER. The be there; National Counter Terrorism This legislation started on March 10. It clerk will please read a communication Center Director Michael Leiter will be is now the first part of May. We have to the Senate from the President pro there; and Deputy Secretary of State had some breaks in time because of our tempore (Mr. INOUYE). James Steinberg. going back to our States, but there is The legislative clerk read the fol- ORDER OF PROCEDURE no excuse for not completing this im- lowing letter: Last night I filed cloture on the portant legislation. U.S. SENATE, small business jobs bill, S. 493. Sen- Every time we get one problem taken PRESIDENT PRO TEMPORE, ators should expect a cloture vote to care of another Republican raises their Washington, DC, May 3, 2011. To the Senate: occur tomorrow morning. I ask unani- head. The latest is Senator SNOWE. Of Under the provisions of rule I, paragraph 3, mous consent that the filing deadline all people who should understand the of the Standing Rules of the Senate, I hereby for all first-degree amendments be at importance of small business, it is the appoint the Honorable JEANNE SHAHEEN, a 2:30 p.m. today for S. 493. Senator from Maine, who was at one

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

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Senator LANDRIEU The ACTING PRESIDENT pro tem- what they sell here, I should do that. said she will work with her to hold ‘‘Make here what they sell here’’ was pore. Under the previous order, the hearings, whatever is appropriate. But then the union battle cry. It was part Senate will be in a period of morning it is unfair that we have not been able of an effort to slow the tide of Japanese business for debate only until 5 p.m., to move forward on this bill. cars and trucks entering the U.S. mar- with Senators permitted to speak As I indicated, we spent days before ket. At that time, Americans were very therein for up to 10 minutes each, with the recess working on an agreement to worried about Japan. There were books the first hour equally divided and con- have votes on amendments to move about Japan being No. 1, and the fear trolled between the two leaders or this bill forward. Included in this was that Japan would overwhelm us their designees, with the Republicans agreement were Senator CORNYN’s economically. Cars and trucks from controlling the first 30 minutes and the amendment, which would establish a Japan were fuel efficient, they were at- majority controlling the next 30 min- commission on government waste, and tractive, they were selling, and manu- utes. Senator HUTCHISON’s amendment, facturers and the United Auto Workers The ACTING PRESIDENT pro tem- here were concerned that we would lose which related to health care reform pore. The Senator from Tennessee. litigation. This agreement was ob- a lot of jobs. So the cry was to the Jap- jected to by Senator SNOWE while ev- f anese: If you are going to sell it in the eryone else in the Senate has signed off RIGHT TO WORK PROTECTION ACT United States, you need to make it in on it. the United States. Mr. ALEXANDER. Madam President, So off I went to Tokyo to meet with During the course of many weeks de- I rise today to talk about a piece of the Nissan executives who were then bating this bill, we have made signifi- legislation which will be both a bill deciding where to put their first U.S. cant efforts to accommodate Senator that Senator GRAHAM and Senator manufacturing plant. At that time, SNOWE and the rest of the Republican DEMINT and I will introduce tomorrow Japan had very few manufacturing caucus on amendments. She has had and an amendment that I have filed to plants in the United States. They made one. We voted on it already. We even the small business bill on behalf of the there what they sold here. I carried had a vote, as indicated, on an amend- three of us. with me on that trip a photograph ment offered by Senator SNOWE, as well We are calling it the Right to Work taken at night from a satellite showing as many other Republican amend- Protection Act, and it is our intent to the country with all of its lights on. ments, nearly every one of which had preserve the right of each State to Try to visualize that. Because what nothing to do with the underlying leg- make a decision for itself about wheth- you see if you look at a photograph of islation. They were not relevant. They er it will have a right-to-work law and the United States at night are a lot of were not germane. have an ability to enforce it. This is in lights east of the Mississippi River, but direct response to an action that the In light of our accommodation of ex- it is pretty dark almost until you get National Labor Relations Board has traneous amendments, it is difficult for to California, and there are a lot of taken against the Boeing Company and me to understand why we cannot finish lights down around Texas. I was trying the plant they are building in South debate on this bill. We have been more to make a point. The Japanese execu- Carolina. than fair. We should be able to reach tives, who didn’t know very much The National Labor Relations Board agreement on considering the remain- about Tennessee and I didn’t know has moved to stop Boeing from build- ing amendments and voting on final very much about Japan, would say to ing airplanes at a nonunion plant in passage. I hope that my friends on the me, Where is Tennessee? I would point South Carolina, suggesting that a other side of the aisle would recognize to our State and say, We are right in unionized American company cannot how unfair it is that one Senator would the middle of the lights. expand its operations into one of 22 hold up this legislation. My argument, of course, was that lo- States with right-to-work laws. These cating a plant in the population center There are amendments pending, I re- laws protect a worker’s right to join or of the United States would reduce the peat, that are not germane or relevant not to join a union. In fact, the New cost of transporting cars to customers. to this piece of legislation. We are will- Hampshire Legislature has just ap- That population center 70 or 80 years ing to take votes on those. It would proved its becoming the 23rd such ago was in the Midwest where the seem to me that Senators such as State. American automobile was literally in- CORNYN and HUTCHISON, who have This reminds me, this action by the vented, and it made a lot of sense to worked hard to get votes, should vote National Labor Relations Board re- build almost all the plants there, be- with us on our ability to move forward minds me of a White House dinner in cause transportation costs were less on this legislation. We should be able February 1979 when I was Governor of when you send these heavy cars and to get this done. It is the right thing Tennessee. The occupant of the chair trucks to the customers. So you locate for the country. It appears that we are has been to those dinners. The Presi- your plant near the population center. not going to be able to do that. So I dent has them every year. The only Gradually, that population center mi- had no choice but to file cloture in ones invited are the Governors them- grated south from the Midwest, where order to bring this debate to a close. selves and spouses. For me, it was al- most U.S. plants have been, to Ken- That is what I did last night. ways one of the highlights of the year. tucky and Tennessee. If this job-producing legislation is So my first such dinner was with Then the Japanese to whom I was not passed, there is only one problem President Carter in 1979. As a new Gov- talking examined a second consider- with it: the Republicans on the other ernor, I was paying close attention to ation: Tennessee has a right-to-work side of the aisle. It is unfair that we what the President of the United law and Kentucky does not. That have worked so hard to get this impor- States had to say. This is what he said: meant that in Kentucky, workers tant piece of legislation done, and be- Governors, go to Japan. Persuade them to would have to join the United Auto cause of one Senator it is not going to make here what they sell here. Workers Union. Workers in Tennessee happen. I hope that is wrong. I hope my I walked 1,000 miles across Tennessee had a choice. In 1980, Nissan chose Ten- prediction is wrong. This has been on to be Governor the year before, and I nessee, then a State with almost no the Senate floor for far too long. We don’t remember one single Tennessean auto jobs. Today, auto assembly plants need to resolve it so we can move to who said to me: Lamar, the first thing and suppliers provide one-third of our other matters. you do when you get in office is go to State’s manufacturing jobs. Tennessee

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PROTECTION OF RIGHT TO WORK. tion and my colleagues on the other san announced that 85 percent of the (a) APPLICABILITY OF NLRA TO STATE side are afraid to let these principles cars and trucks it sells in the United RIGHT TO WORK LAWS.—Section 14 of the Na- work. They seem to be afraid of free- States will be made in the United tional Labor Relations Act (29 U.S.C. 164) is dom itself. States, making it one of the largest so- amended by striking subsection (b) and in- We see in their record over the last 2 called ‘‘American’’ auto companies and serting the following: years being afraid for Americans to ‘‘(b) Nothing in this Act shall be construed nearly fulfilling Mr. Carter’s request of to limit the application of any State law make their own decisions about their 30 years ago. that prohibits, or otherwise places restraints children’s education and about their But now unions want to make it ille- upon, agreements between labor organiza- health care. They are afraid to death of gal for a company that has experienced tions and employers that make membership letting senior citizens manage their repeated strikes to move production to in the labor organization, or that require the own retirement funds and health care a State with a right-to-work law. What payment of dues or fees to such organization, plans. They are certainly afraid to let would this mean for the future of a condition of employment either before or States manage their own energy re- American auto jobs? Jobs would flee after hiring.’’. sources or decide what roads and overseas as manufacturers look for a (b) APPLICABILITY OF RAILWAY LABOR ACT TO STATE RIGHT TO WORK LAWS.—Title II of bridges to build and where to build competitive environment in which to the Railway Labor Act (45 U.S.C. 181 et seq.) them. They clearly don’t want busi- make and sell cars around the world. is amended by adding at the end the fol- nesses to make their own decisions It has happened before. David lowing: about hiring and firing. They won’t let Halberstam’s 1986 book ‘‘The Reck- ‘‘SEC. 209. EFFECT ON STATE RIGHT TO WORK even community banks make their own oning’’—about the decline of the do- LAWS. decisions about who to lend money to, mestic American auto industry—tells ‘‘Nothing in this Act shall be construed to even though these small banks have limit the application of any State law that the story. Halberstam quotes American nothing to do with the financial col- Motors president George Romney who prohibits, or otherwise places restraints upon, agreements between labor organiza- lapse. Clearly, from this decision, this criticized the ‘‘shared monopoly’’ con- administration and the Democratic sisting of the Big Three Detroit auto tions and carriers that make membership in the labor organization, or that require the Party is afraid to give employees— manufacturers and the United Auto payment of dues or fees to such organization, workers—the freedom not to join a Workers. Romney warned, ‘‘There is a condition of employment either before or union. nothing more vulnerable than en- after hiring.’’. It is amazing what this National trenched success.’’ Detroit ignored up- Mr. ALEXANDER. I thank the Chair. Labor Relations Board, which has been starts such as Nissan which in the 1960s I wish to add that I saw today a rep- stacked with union folks by the admin- began selling funny little cars to Amer- resentative of the Whirlpool Company istration, is doing to jobs in our States ican customers. We all know what hap- which has 2,500 employees in Ten- and all across the country. Twenty-two pened to employment in the Big Three nessee. He said Whirlpool makes 82 per- States have right-to-work laws. In the companies. cent of what they sell in the United last few months, my State, along with Even when Detroit sought greener States here in the United States, but several others, has passed a constitu- pastures in a right-to-work State, its that they have a choice. They have tional amendment that would protect partnership with the United Auto plants in Mexico as well. It is one more the freedom of workers to have a secret Workers could not compete. In 1985 example of why allowing States to General Motors located its $5 billion ballot when union bosses are trying to Saturn plant in Spring Hill, TN, 40 have a right-to-work law keeps jobs in organize their workplace. A secret bal- miles from the Nissan plant, hoping our country. lot is so fundamental to American I see on the floor Senator DEMINT, side-by-side competition would help principles and the principles of free- whose State is directly affected by this the Americans beat the Japanese. After dom, but the AFL–CIO is suing our 25 years, nonunion Nissan operated the NLRB decision. He and I are working State and others to stop us from pro- most efficient plant in North America. together on this legislation. I am sure tecting that freedom of workers. In the last few weeks, a truly ex- The Saturn/UAW partnership never he has comments on the legislation and made a profit. Last year, GM closed on the decision of the NLRB. traordinary thing has happened, as this Saturn. The ACTING PRESIDENT pro tem- National Labor Relations Board has ac- Nissan’s success is one reason why pore. The Senator from South Caro- tually filed suit against Boeing, which Volkswagen recently located in Chat- lina. has located a new facility in South tanooga and why Honda, Toyota, BMW, Mr. DEMINT. Thank you, Madam Carolina, claiming it was retribution Kia, Mercedes-Benz, Hyundai, and President. I wish to associate myself for a strike in Washington. People need thousands of suppliers have chosen with the remarks of the Senator from to understand that Boeing has added southeastern right-to-work States for Tennessee. I appreciate him bringing 2,000 jobs in Washington since they de- their plants. Under right-to-work laws, this up. It is important for us here in cided to build this new production line employees may join unions, but mostly the Senate as well as everyone around in South Carolina. But this administra- they have declined. Three times work- the country to understand what this tion—and I am afraid the majority here ers at the Nissan plant in Smyrna, TN, administration is doing to hurt jobs in in the Senate—is so afraid companies rejected organizing themselves like America. will have the freedom to locate new fa- Saturn employees a few miles away. This has been a good week for Amer- cilities, new businesses, in States Our goal should be to make it easier ica. We have worked together building where their workers are not required to and cheaper to create private-sector on a lot of the common principles of join a union. jobs in this country. Giving workers our country of a strong defense and a Let’s put this in a different context. the right to join or not to join a union robust intelligence system to track A few weeks ago, a delegation from helps to create a competitive environ- down an enemy of freedom and to California went to Texas to try to fig- ment in which more manufacturers render justice as we had promised. This ure out why hundreds of businesses are such as Nissan can make here 85 per- was done over two administrations and moving from California, taking tax cent of what they sell here. many Congressmen and Senators. So revenue and jobs with them to Texas Madam President, I ask unanimous this is a good day for America. I think and other States. They didn’t need to consent to have printed in the RECORD we need to take this time to maybe make the trip. It was pretty obvious the amendment and bill that I and Sen- think about how we can apply the prin- that the business environment that has ator GRAHAM and Senator DEMINT will ciples that work in America to our been created in California by the be introducing tomorrow and which we challenges back home with our econ- unions and the politicians has made it filed as an amendment today. omy and our jobs and our culture, be- very difficult for world-class companies

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.003 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2592 CONGRESSIONAL RECORD — SENATE May 3, 2011 to be competitive. What takes a few should have the freedom to locate their best in the world. We hope to build weeks in Texas could take 2 years as plants anywhere they want. This is in- great airplanes in South Carolina, but far as getting a permit to open a new timidation. Many of Boeing’s contracts the first thing I want to do is acknowl- business. are military contracts, and we know edge that my complaint or concern is This is a small look at what is hap- that is being held over their head. not with the people of Washington, not pening to our country, because we need This is not the way we should do with the workforce in Washington, it is to look at why so many companies are business in America. This is not the with the actions of the NLRB and this moving from our country to other way our government should operate. complaint filed by the machinists countries to do business. It is because We need to get back to those first prin- union. So I hope to be in partnership of decisions such as this and decisions ciples that made us great. Clearly, with my colleagues from the State of by this administration over the last what this administration is doing in Washington in the Senate and on the couple of years that have made Amer- this case and many others is way out- House side to pursue good policies that ica a place that is very difficult to do side the realm of what we should ex- not only will be good for Boeing but for business in. pect of a good and decent government, the country as a whole. I appreciate what the Senator from and we are not getting it here. South Carolina is going to enjoy the Tennessee is doing, because this is not With that, Madam President, I see status of being a teammate with the just about one employer or one State. the other Senator from South Carolina people of Washington when it comes to Twenty-two States are right-to-work is here, and I will yield the floor. trying to help Boeing and manufac- States. Twenty-two States have de- The ACTING PRESIDENT pro tem- turing in general. But what happened cided they are going to provide the pore. The Senator from South Caro- is that in October of 2009, Boeing de- freedom to their workers not to have lina. cided to create a second assembly plant to join a union. So much of this is po- Mr. GRAHAM. Madam President, I in South Carolina. This is a new assem- litical and retribution, not just against thank my colleague from South Caro- bly plant because the orders for the 787 Boeing for putting a site in a right-to- lina, who has been terrific in trying to were so large, it necessitated building a work State, but it is political retribu- bring reason to this issue. Senator second line. Boeing, under the contract tion. The administration, I believe, is DEMINT has been a very strong voice with the machinists union, reserved in acting like thugs that one might see in for free enterprise, and that is really that contract the right to locate new a Third World country, trying to bully what this is all about. business wherever they thought it and intimidate employers who are try- To Senator ALEXANDER from Ten- would be best for Boeing. They nego- ing to get out from under this cloud of nessee, thank you for listening to what tiated with the people in Seattle about union control. It is a political deal of is going on in South Carolina and un- producing the second line in Seattle, this administration trying to expand derstanding this is not just about our and they went all over the country unionization and union benefits be- State, it is about the Nation as a looking for other locations to create a cause the unions give the contributions whole. second line. to the Democratic Party and get out The Right to Work Protection Act is They came to South Carolina, and I the vote for the Democrats. a very solid piece of legislation that is can assure you, after a lot of negotia- This is crazy. In an environment going to serve the country as a whole. tions, the reason they chose South where this administration and all of us When a State chooses to be a right-to- Carolina was because it was the best here are saying we are trying to create work State, what does that mean? That business deal for Boeing. They nego- jobs, there is no question what they are means no one can be forced to join a tiated in Washington. They negotiated doing in South Carolina and around union. The union can ask for your vote. everywhere in the country, really, this country by trying to force union- If you say no, that is your decision to where they thought they could do good ization is hurting our business climate make, and if the group says yes, you do business, and South Carolina won out. in America, it is hurting employment, not have to join. In a lot of States, that And there is criticism back home that it is diminishing our future as a coun- is not true. If 51 percent of the work- the package we gave Boeing was too try, and it is all for political purposes. force or 60 percent of the workforce generous. So I can assure you this was It is amazing to see that the unions says: We are going to go union, every- a legitimate business deal, and the idea have such a control over this adminis- body else is drafted whether they want that moving to South Carolina some- tration, even in passing the stimulus to be or not. how was retaliation that violated the bill. With it went requirements that a So the concept of right to work is National Labor Relations Act section lot of the contractors who use this really at stake here, and I do appre- 883 is legally absurd. Under that act, a money had to follow union rules or be ciate this legislation because it would company cannot retaliate against a unionized. We saw in the health plan preserve the ability of the State to go group of employees or a location that that the unions were the big proponent down that road without suffering at decides to unionize. of it, but as soon as it passed, they are the Federal level. It would prohibit You would have to prove in a retalia- the ones asking for waivers so they Federal Government contracts, Federal tion complaint that the people suf- don’t have to live by it. Government action from punishing a fered. Well, in this case, not one person What this administration is doing to State that chose to adopt right-to- in Pugent Sound or in the State of one company is a threat to every com- work laws. That is why Senator ALEX- Washington lost their job. Because of pany, every employer, and every work- ANDER’s legislation is so important. We the additional business being generated er in this country. It goes back to their are not making anyone become a right- in South Carolina, 2,000 people have fear of freedom. The command-and- to-work State. We are saying: If you been hired in the State of Washington. control paranoia we see in this admin- choose to do that, your Federal Gov- Not one benefit was cut from the work- istration is antithetical to everything ernment in the NLRB and other orga- force in Washington. Nobody’s pay was we understand about freedom in our nizations of the Federal Government cut. Nobody’s benefits were reduced be- country—of individual responsibility cannot use that against you. We are cause they moved to South Carolina. and individual freedom—and free mar- protecting that status. I think that is So this complaint is just frivolous. It is kets and free enterprise. They are at- the balanced approach to this dilemma motivated by all the wrong reasons. tacking it on every front. we face. Let’s just for a moment assume that This decision by the National Labor Now, what is this dilemma? it is granted and this is the new busi- Relations Board cannot stand. We must Boeing is one of the great companies ness model. It would mean basically challenge it here in the Congress; em- in the world. They have a history of that if you decide to do work in a ployers need to challenge it; states are producing terrific airplanes. They have union plant, you are locked into that already challenging it, because it is been located in Washington for dec- location forever; you could never move. clearly outside of the authority of this ades. As a South Carolinian who is That is crazy. That is not what the law Federal Government to be threatening very happy Boeing has come to South is all about. The law prevents retalia- and bullying and trying to intimidate Carolina, I want to acknowledge the tion, and that is a specific concept in companies such as Boeing, which Washington workforce as one of the the law, and none of the factors that

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.004 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2593 would lead to that conclusion exist in South Carolina. After he voted—a year The ACTING PRESIDENT pro tem- this case. There is new work. No one and a half later—he was chosen to be pore. The Senator’s time has expired. lost a job. This is a new line of busi- the Chief of Staff of the President of The Senator from Ohio. ness. And we are arguing about the the United States. The Boeing CEO, f right of a company to be able to make Jim McNerney, was chosen by Presi- WORKERS MEMORIAL DAY a business decision when it comes to dent Obama to lead his Export Council new production. That is why this com- to create jobs for Americans by looking Mr. BROWN of Ohio. Madam Presi- plaint, if it ever gets to Federal court, at export opportunities. I would argue dent, I rise and will be joined in a few will fail. It is sad that Boeing may that President Obama would not have moments by Senator HARKIN, who is have to spend millions of dollars de- chosen Mr. McNerney if he thought he the chair of the Health, Education, fending itself against what I think is a led an effort to retaliate against Wash- Labor, and Pensions Committee; Sen- very frivolous complaint. ington unions. ator MURRAY, the chair of the Vet- But let me tell my colleagues a little All I can say is this complaint is friv- erans’ Committee; and Senator bit about this if they are wondering olous. It is taking time and money BLUMENTHAL, a new Member of the about it. Here is something I want to away from creating jobs in South Caro- Senate from Connecticut. Each of put on the table for you to consider. lina and Washington. And it has na- them, especially Senator HARKIN, has One of the members of the Boeing tional implications. To Senator ALEX- devoted their careers to worker rights, board at the time they chose to come ANDER, you have found the right way worker safety, decent benefits, pen- to South Carolina—after a lot of nego- for the Congress to address this issue. sions—in short, creating the middle tiations in different places, including We are not forcing anybody to be a class—and their efforts have been le- Washington and South Carolina—one member of a union. We are just saying, gion, all three of them, in doing that. of the board members who approved if a State such as South Carolina or I rise today to commemorate Work- the second assembly line in South Tennessee chooses to be a right-to- ers Memorial Day. Last Thursday, Carolina was Bill Daley, the Chief of work State, that cannot be held April 28, our Nation observed Workers Staff of the President of the United against them. This legislation would Memorial Day. It is an occasion for us States. At the time, he was not Chief of say to the country and the business to pause and remember those Ameri- Staff, he was a member of the Boeing community as a whole: When you look cans who have lost their lives while on board, and they voted unanimously to at where to locate, you can consider a the job. create a second assembly plant in the right-to-work State without violating I wear on my lapel a pin given to me State of South Carolina. I would argue the law. That is an important concept. at a Workers Memorial Day rally in that Mr. Daley, when he cast that vote, I can assure you, Boeing came to Lorain, OH, a city west of Cleveland on understood it was best for Boeing to South Carolina because it was the best Lake Erie—steel town, people like to make this decision to locate new busi- business deal. They had a lot of call us—and this lapel pin I wear is a ness, and he did not believe he was vio- choices. They chose South Carolina not picture of a canary in a birdcage. We lating the law or retaliating against to retaliate but to create a second line. know that mine workers 100 years ago unions. One thing you can say about And here is the logic of it: Would you took a canary down in the mines. If the the Daley family, it is not in their put everything you own in one location canary died from lack of oxygen or DNA to retaliate against unions. This in today’s world? So the idea that they toxic gas, the mine worker knew he was in 2009. expanded into the second plant in a dif- had to get out of the mine. He had to In March 2010, the machinists union ferent State, in a different location, depend on himself. He had no union filed its complaint with the NLRB. makes perfect sense. The fact that strong enough nor a government which Now, the general counsel, the person South Carolina is a low-cost right-to- cared enough to protect him in those holding that title a few weeks ago, sub- work State I am sure they considered. days. mitted the complaint to the board. But But under the law, no one in Wash- As we celebrate Workers Memorial the story is even more interesting. In ington lost one benefit they had. No Day, we look back at the progress we March of 2010, the complaint was filed one in Washington lost a job they al- have made as a country. by the machinists union. The vote to ready had with Boeing. The goal of this This year is the 100th anniversary of come to South Carolina was in October decision by Boeing is to grow their the Triangle Shirtwaist Factory fire in 2009. In January of 2011, Mr. Daley was company. If we do well in South Caro- New York. That tragedy claimed the chosen to be President Obama’s Chief lina, Boeing does well in Washington. lives of 146 workers—123 women and 23 of Staff—a decision I supported and This complaint is dangerous. This men—while they labored in sweatshop thought was a good decision for the ad- complaint is a dangerous road to go conditions in this textile plant in New ministration and the country as a down. This complaint is politics at its York City. They were mostly young whole because Mr. Daley is a Demo- worst. The law is designed to protect immigrants who came to this country crat, but he is a very well respected us, and it is being abused, in my view. in pursuit of a better life. Instead, they member of the business community, Politics is about 50 plus 1. The law is were killed because of the workplace, someone who has a lot of skill and tal- something that should protect us all. the incredibly unsafe conditions in ent, and the President chose wisely. I This complaint filed by the general that workplace. That tragedy marked a would assume that in the vetting proc- counsel at the NLRB sets a dangerous significant turning point in the strug- ess they looked at Mr. Daley’s record precedent, and the Congress should gle to advance worker rights and safety of involvement in business and other speak. The administration should in our country. The day after the fire, matters. I am assuming the vetting speak out and say this is frivolous; 15,000 shirtwaist workers walked off team knew the complaint had been they are an independent agency; no- the job demanding a 20-percent pay filed by the machinists union in March body can tell them what to do. But we raise and a 52-hour week—a 52-hour of 2010 and that Mr. Daley voted along have an independent duty to speak out week they were demanding. with the rest of the members of the in a constructive way. Nearly 20 years later, in 1930, Ohio board to come to South Carolina. And Senator ALEXANDER’s legislation is experienced its deadliest mining explo- they must have concluded that this the appropriate way to address this sion in our history, the Millified mine complaint was frivolous. I assume that issue, and I wish to thank him on be- disaster in Athens County. because if they did not know about the half of the people of South Carolina Methane gases were ignited by a complaint, that was one of the worst and the country as a whole, and I look short circuit between a trolley wire vetting jobs in the history of the world. forward to working with him to have and rail, killing more than 80 men. And if they thought he did engage in il- this passed. Four years later, in 1934, thousands legal activity, it made no sense to hire To my colleagues on the other side, of workers stood up to the Electric him. what is going on in this complaint is Auto-Lite company in Toledo, OH. So, to my colleagues, I want you to dangerous for us all and not just South Workers recognized they were under- consider the fact that Mr. Daley, the Carolina. paid and undervalued. They went on current Chief of Staff, voted to come to With that, I yield the floor. strike and clashed with members of the

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.005 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2594 CONGRESSIONAL RECORD — SENATE May 3, 2011 Ohio National Guard. The so-called ness. We should do more to protect as the Senator from Ohio knows, my ‘‘Battle of Toledo,’’ unfortunately, re- them while they do so. father was a coal miner for over 20 sulted in over 200 injuries. The strike Last month, I had a roundtable meet- years. A lot of people still don’t know brought together union brothers and ing with a group of workers in Colum- we had coal mines in Iowa. At one sisters across the city in solidarity, bus, near State House Square, in an time, back in those days, Iowa was the fighting for middle-class rights. Episcopal church. We were talking third largest coal-producing State in Similar strikes in Minneapolis and about worker rights. We had a police the Nation. He worked there a long San Francisco followed the one in To- officer, a firefighter, a nurse, a teacher, time ago, before there were safety laws ledo that year, generating a new mo- and several other workers there. These or anything. In fact, most of the time mentum across our country toward are public employees. But they have he worked there was before I was born. treating U.S. workers with respect and seen the same assault on their rights I can remember him, later on, telling dignity. Ultimately, we know what as we are seeing all too often in this stories about the mines and how many happened. President Roosevelt’s New body—an assault on union rights and people would be injured or killed—it Deal established critical rights and nonunion worker rights—far too many was sort of an accepted thing—every benefits for working Americans. It is times. day, week, or month. People would die why we have a 40-hour work week, why We must stop these blatant efforts to and cave-ins would happen. Of course, we have a minimum wage, and why we strip teachers, sanitation workers, po- almost everybody of his generation have collective bargaining rights. lice officers, firefighters, and others who worked in those coal mines even- Congress passed the National Labor from collectively bargaining for fair tually got miners’ cough, as they Relations Act, the Wagner Act, in 1935, pay and safety equipment. That has called it back then—miners’ lung or which guaranteed workers the right to been a right in this country for 75 black lung disease, as we know it now. form a union and bargain collectively. years, since the Wagner Act, the 1938 They all virtually had that later on in The Labor Standards Act passed in labor act. It has been a right for work- their lives. 1938, which established a minimum ers that has created a middle class, and I appreciate my friend from Ohio wage, guaranteed overtime pay in cer- it brought up the living standards not commemorating Workers Memorial tain jobs, established recordkeeping just for union workers who organize Day. More than 20 years ago, family mem- standards, and created child labor pro- and bargain collectively, but it brought bers of workers killed on the job joined tections. up the living standards for both white- with safety advocates to launch Work- We now have OSHA, which was cre- collar and blue-collar workers, man- ers Memorial Day—a day of remem- ated by the Occupational Safety and agement and labor, throughout our so- brance and advocacy. To honor the cre- Health Act of 1970, to ensure safe work- ciety. It has created a much more pros- ation of the Occupational Safety and ing conditions. It was signed by a Re- perous society. Health Administration—OSHA, as it is publican President. In those days, Re- The New York Times had an article called—April 28 was chosen as Workers publicans worked with Democrats to written last week by someone who said Memorial Day. This year, that day increase worker safety standards and that when we fail at war in a battle, we takes on special significance because it actually help workers join the middle don’t turn around and blame the sol- marks the 40th anniversary of the cre- class. diers; we give them better equipment ation of OSHA. When OSHA was established 41 years with which to do their job. So why, The passage of the Occupational ago, in 1970, an average of 38 workers when our public education system Safety and Health Act, which created died on the job in this country every sometimes fails, do we blame teachers? OSHA, was one of the monumental leg- day. We have cut that by two-thirds, Why don’t we give those teachers bet- islative achievements of the 20th cen- not just because of OSHA but certainly ter tools to do their jobs? Why don’t we tury. This landmark legislation re- in large part because of OSHA. Deaths do the same with firefighters, police of- flects the values that all Americans in the workplace continue but not with ficers, nurses, and others, instead of share, which is that workers should not the frequency of 100 years ago, or even blaming these workers and public em- have to risk their lives to earn their 50 years ago, prior to OSHA, but they ployees? livelihood, and that workers, employ- continue. In my State, the Governor signed leg- ers, and the government must all work Last week, another mine accident islation a month or so ago that together to keep people safe and claimed the life of an Ohioan. Jason stripped these public workers of their healthy on the job. Signed into law by Gudat was killed while working at an collective bargaining rights. I think in President Nixon, this bipartisan legis- underground limestone mine in eastern this society, with this kind of pressure lation has been a tremendous success, Ohio, in Salem. on the middle class, the last thing we saving the lives and the health of hun- This past year, I received a letter should do is strip anybody of their dreds of thousands of American work- from Crystal of Adams County, who rights that enable them to make a de- ers. lost her husband Terry in a construc- cent living, put food on their table, Here are the facts. Immediately prior tion accident. Terry was the father of have a decent pension, and have decent to the creation of OSHA in 1970, an av- five. He was killed at his construction health care—especially in retirement. erage of 14,000 workers died annually job last year due to a lack of safety It makes no sense to me, as we honor from occupational injuries. In 2009, de- lighting during his nighttime shift. workers and Workers Memorial Day, spite a workforce that is twice as large Crystal, his widow, explained that ‘‘the which was commemorated last week, as the workforce of 1970, 4,340 workers circumstances of his death were com- that we would ever move in the wrong were killed on the job. Before OSHA, pletely preventable if there had been direction when it comes to workers’ about 11 workers were killed for every better safety laws regarding his line of rights and building a more prosperous 100,000 people working. Now roughly 3.3 work. There was no lighting where my middle class. workers are killed per 100,000 people husband lost his life. . . . You never re- I yield the floor. working. Again, these figures are still alize how important these things are The ACTING PRESIDENT pro tem- too large. We can and must do better. until it happens to you.’’ pore. The Senator from Iowa is recog- We should also take a moment to re- In the case of garment workers, it nized. flect on how many tragedies have been was fire safety. In the case of mine Mr. HARKIN. Madam President, I prevented and lives saved because of workers, like Jason, it was unsafe con- join with my good friend, the Senator the Occupational Safety and Health ditions that are too often found in from Ohio, Senator BROWN, in com- Act. mines. In the case of Terry and other memorating Workers Memorial Day, I fear that this simple truth—that construction workers, it was basic safe- which actually was last week. Since we workplace safety has been a phe- ty lighting. weren’t in session then, we wanted to nomenal success—is being ignored in We ask our workers to build our take the time today to commemorate Washington these days. Nowadays roads, make our cars, produce our en- Workers Memorial Day. I am always some people would have us believe that ergy, and to serve as the backbone of greatly appreciative of my friend wear- workplace safety regulations are some- our Nation’s economic competitive- ing the canary pin on his lapel because, thing bad. They claim that OSHA

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.007 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2595 standards are ‘‘job killers.’’ But just ployers have real incentives to comply ing they can come home safely each because some special interest groups with safety and health laws. night. with highly paid lobbyists keep repeat- These and other changes in the law Once again, on April 28, we com- ing this absurd mantra, that doesn’t are desperately overdue, which is why I memorate Workers Memorial Day, and mean it is true. In fact, the opposite is have consistently sponsored and sup- we renew our commitment to making true. Smart safety regulations admin- ported the Protecting America’s Work- sure workers all across America have istered by active, unbiased regulators ers Act. This bill makes commonsense the protections of the Occupational improve and stabilize our economy. reforms to bring worker laws into the Safety and Health Act, that we provide They save workers’ lives, prevent cata- 21st century, with minimal burden on the funding for these agencies to make strophic accidents, reduce health care the vast majority of employers that sure the law is enforced, and to make costs, and ensure that industries are comply with the law. In this Congress, sure we reassure every working Amer- responsible for their actions instead of once again, I plan to do everything pos- ican that they have a right—they have dumping the cost of their mistakes on sible to fight for this important legis- a right—to a safe workplace. workers and taxpayers. lation. I yield the floor. I suggest the ab- In addition to the more than 4,000 In addition to these much-needed up- sence of a quorum. workers killed on the job every year, dates to the Occupational Safety and The ACTING PRESIDENT pro tem- which I mentioned, almost 50,000 Amer- Health Act, we also must recognize the pore. The clerk will call the roll. icans die every year from occupational key role that vigilant enforcement The legislative clerk proceeded to illnesses. Let me repeat that. Almost plays in keeping workers safe. Safety call the roll. 50,000 Americans die every year from laws don’t work unless there is a legiti- Mr. GRASSLEY. Madam President, I occupational illnesses. More than 4.1 mate expectation that they will actu- ask unanimous consent that the order million workers are injured every year. ally be enforced. In recent years, we for the quorum call be rescinded. The cost of these injuries and illnesses made real progress in ensuring ade- The ACTING PRESIDENT pro tem- is enormous. It is estimated at some- quate funding for our workplace safety pore. Without objection, it is so or- where between $160 billion to $318 bil- agencies. dered. lion a year for the direct and indirect For example, increases in funding for f costs of these injuries. Additional safe- the Mine Safety and Health Adminis- TAX BENEFITS AND BURDENS guards to prevent these injuries and ill- tration in recent years have enabled us nesses, along with strong enforcement to meet health inspections for 3 years Mr. GRASSLEY. Madam President, I of existing laws, would save thousands in a row. MSHA and the Department of have had the privilege over most of my of lives and thousands of injuries from Labor have funds to attack a backlog tenure in the Senate of serving on the happening and would save the tax- of appeals filed by mine operators. Finance Committee and working with payers billions of dollars. These appeals have helped some opera- a good Senate leader such as Senator To accomplish this, it is clear that tors avoid heightened enforcement ac- BAUCUS. I now have the privilege of our safety laws need to be updated. We tions. OSHA has received funds to re- serving on the committee but not as have learned much in the 40 years since store the number of inspectors that it ranking member or chairman, just as a the Occupational Safety and Health had over a decade ago. member. I compliment Senator BAUCUS Act was passed, and it is past time to However, we in the Senate have re- for his leadership on this whole busi- use this knowledge for meaningful re- cently had to fend off efforts to roll ness of tax reform and for holding the form. For example, we know that whis- back this progress. H.R. 1, the Repub- hearings he is holding. tleblowers are critical to bringing safe- lican fiscal year 2011 appropriations Today, a very important hearing is ty problems to light. But these whistle- bill, cut the Occupational Safety and being held on the question of is the dis- blowers won’t come forward unless the Health Administration by 18 percent— tribution of tax burdens and benefits law contains stronger protections 18 percent. This would have paralyzed equitable. The topic of today’s hear- against retaliation. Right now, we have the agency and allowed unscrupulous ing—whether the distribution of tax stronger protections for financial whis- employers to ignore worker safety and benefits and burdens is equitable—is tleblowers under the Sarbanes-Oxley health protections. very appropriate and is a very impor- law than we do for workers blowing the This bill would have allowed the tant topic. However, I would argue whistle and trying to save lives. Re- backlog of mine safety and health cita- there is a more important question we peating that, we have stronger whistle- tions to increase. It would have pre- should be debating, and we should be blower protections for financial whis- vented MSHA from moving forward on answering this question: What is the tleblowers under the existing Sarbanes- improvements it has initiated in mine purpose of the Federal income tax? We Oxley financial reform law than we do emergency response and other areas. can’t talk about whether taxpayers are for workers who are trying to save Thankfully, Senate Democrats and the paying their fair share if we don’t lives by blowing the whistle. That is President are standing firm and refus- know why we want them paying taxes not right. That should be corrected. ing to cut workplace safety funding to in the first place. We also know that while most re- finance tax breaks for millionaires and We are in a situation now where peo- sponsible companies make worker safe- billionaires. ple are talking about increasing taxes ty a top priority, there are some un- As we continue the budget debates, on higher income people because, sup- scrupulous employers who cut corners we should keep in mind the budget re- posedly, they can afford it. Probably on safety to save costs. Unfortunately, flects moral choices about the kind of they can afford it, but I get sick and as a past Health, Education, Labor and country and society we want to be. tired of the demagoguery that goes on Pensions Committee report dem- Personally, I am committed to uphold- in Washington not just by Members of onstrated, when the negligence of these ing the bipartisan values reflected in Congress but by too many people who companies results in workers being the passage of the Occupational Safety think higher income people ought to be killed on the job, these irresponsible and Health Act. All Americans have paying more taxes. According to the companies walk away with a slap on the right to a safe workplace. Joint Committee on Taxation’s latest the wrist. OSHA penalties are pitifully While we have made tremendous analysis, 49 percent of households are low. The average fine for a worker progress, as I pointed out, in the last 40 paying 100 percent of the taxes coming being killed on the job is $5,000. The av- years under OSHA, there is much more in to the Federal Government, while 51 erage fine for an irresponsible com- work to be done. Over 4,000 lives lost percent are not paying any income tax pany—and they have to be found as not each year is still unacceptably high. whatsoever. acting prudently and that they were We owe the 4,340 workers we lost just How high do taxes have to go to sat- skimping on safety regulations and not last year our best efforts to ensure that isfy the appetite of people in this Con- adhering to well-defined safety regula- such tragic losses are dramatically re- gress to spend money? In particular, tions. But when somebody gets killed, duced. We should not rest until all of how high do marginal tax rates have to the average fine is $5,000. What we need our fathers, mothers, brothers, sisters, go to satisfy those clamoring for high- is real penalties to ensure that all em- families can go to work each day know- er taxes from the wealthiest; how high

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Built by immigrants from all fiscated all the income of the people hanced tremendously because of the over the world, our country truly pro- earning $250,000 a year or more, that dynamics of the free-market system. If vides unique opportunities for every- money would fund the Federal Govern- we were going to go the greater route one. These opportunities include better ment today for a mere 140 days. Do you of increasing that 18 percent very dra- education, health care services, and fi- know what you would have? You matically, we would be moving increas- nancial security. But, most impor- wouldn’t have those people trying to ingly toward the Europeanizing of our tantly, our country provides people maximize their income because why economy, and I think that would be with the freedom to obtain the nec- would they maximize it if the govern- very bad. essary skills to climb the economic ment was going to confiscate it. In evaluating whether people are ladder and live better lives. So that is a very basic question: How paying their fair share, experts fre- We are a free nation. We are a mobile high do taxes have to go to satisfy the quently look at whether a proposal im- nation. We are a nation of hard-work- appetite of people in this Congress to proves the progressivity of our tax sys- ing, innovative, skilled, and resilient spend money? tem. Critics of lower tax rates continue people who like to take risks when nec- Funding the government should be to attempt to use distribution tables to essary in order to succeed. Bottom one of if not the primary goal of our in- show that tax relief proposals dis- line, we have an obligation as law- come tax laws. Of course, that leaves proportionately benefit the upper in- makers to incorporate these funda- out this whole business of whether the come. We keep hearing that the rich mental principles into our tax system Federal Government’s purpose is the are getting richer while the poor are instead of just asking: Are the rich purpose of redistributing income. getting poorer. This is not an intellec- paying enough? Note here that I am specifically fo- Madam President, I yield the floor. tually honest statement because it im- The ACTING PRESIDENT pro tem- cusing on the income tax. This is be- plies that those who are poor stay poor cause payroll taxes are not used to pore. The Senator from Texas. throughout their lifetimes, and those Mr. CORNYN. Madam President, I fund the government. Social Security who are rich stay rich throughout their ask unanimous consent to speak for up and Medicare taxes are, in fact, insur- lifetimes. And that is just not the case. to 20 minutes. ance programs. Because they are insur- To illustrate this point, I quote from The ACTING PRESIDENT pro tem- ance programs, the taxes they pay are a 2007 report from the Department of pore. Without objection, it is so or- insurance premiums because individ- the Treasury titled, ‘‘Income Mobility dered. uals who pay them expect to benefit in the U.S. from 1996 to 2005.’’ I quote f when they reach a certain age. the key findings: It is clear some believe the Tax Code There was considerable income mobility of NOMINATION OF JACK MCCONNELL should be used to reduce the growing individuals in the U.S. economy during 1996 Mr. CORNYN. Madam President, I income disparity between the lowest through 2005 period as over half of the tax- rise to speak on a nomination that is and highest income quintiles. This as- payers moved to a different income quintile pending before the Senate, and I do so sumes a key objective of the Federal over this period. with some degree of trepidation be- Government, through the Federal in- Roughly half of taxpayers who began in the bottom income quintile in 1996 moved up cause, as someone who has been a come tax laws, should be to ensure that to a higher income group by 2005. member of the legal profession for income is distributed equally through- Among those with the very highest in- about 30-plus years, I believe it is im- out our citizenry. In other words, these comes in 1996—the top 1/100 of 1 percent— perative that I voice my strong con- folks actually believe the Federal Gov- only 25 percent remained in this group in cerns and, indeed, my objections to the ernment is the best judge of how in- 2005. Moreover, the median real income of nomination of Jack McConnell to be- come should be spent. That is not what these taxpayers declined over this period. come a U.S. district judge prior to the our Founding Fathers or original au- The degree of mobility among income groups is unchanged from the prior decade. vote we will have tomorrow morning thors of the tax laws intended. on a cloture vote. In addition to considering the pur- The prior decade meaning the prior The reason I was attracted, like so pose of tax revenue, we ought to, in study by the Treasury Department many others, I think, to law school and fact, have some principles of taxation from 1987 through 1996. the legal profession was because of the by which we abide. These principles of Economic growth resulted in rising in- majesty of the notion of the rule of taxation would be a much stronger comes for most taxpayers for the period of law, its importance to our democracy, foundation than the day-to-day deci- 1996 to 2005. Median income of all taxpayers increased by 24 percent after adjusting for the responsibilities that lawyers owe sions about whether we ought to raise inflation. The real incomes of two-thirds of not just to themselves, to enrich them- taxes on a certain number of people. So all taxpayers increased over this period. In selves, but to their clients—the fidu- I abide by the principle that has been a addition, the median incomes of those ini- ciary duty that a lawyer has to rep- fact of our tax laws for 50 years—that tially in the lower income groups increased resent a client. Then, of course, the an average of 18.2 percent of the GDP more than the median incomes of those ini- ethical standards, which some might of this country is good enough for what tially in the higher income groups. scoff at but which actually work pretty the government needs to spend. Therefore, whoever is saying—and we well. They keep lawyers, for the most Now, I say that because with a 50- hear it every day on the floor of the part, accountable to the high ethical year average it hasn’t been harmful to Senate—that once rich, Americans standards imposed by the legal profes- the economy, as we have seen this stay rich; and once poor, they stay sion. country expand and expand and expand poor, is purely mistaken. The Internal Unfortunately, and I am sorry to economically over that period of time. Revenue Service data supports this have to say this, but the hard truth is Quite frankly, it ought to be clear analysis. A report on the 400 tax re- Mr. McConnell’s record—which I will that 18.2 percent of the GDP of this turns with the highest income reported describe in a moment—is one of not up- country coming in for us to spend is over 14 years shows that in any given holding the rule of law but perverting not a level of expenditures that tax- year, on average, about 40 percent of the rule of law, ignoring the respon- payers have revolted against. So we the returns were filed by taxpayers sibilities he had to his client, and ma- take in that 18.2 percent for 535 of us to who are not in any of the other 14 nipulating those ethical standards in decide how to spend, and the other 82 years. order to enrich himself and his law percent is in the pockets of the tax- In other words, 40 percent of those partners. payers to decide how to spend or to people who are in the highest brackets First, let me just say that Mr. save. If 535 Members of Congress were are not in the highest brackets ever in McConnell, when he came before the

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The who happens to be a Democrat said: In several lawsuits, Mr. McConnell fact is, he lied to the Senate Judiciary ‘‘Mr. McConnell’s lead paint litigation and his partners received contingent- Committee during his confirmation was a lawsuit in search of a legal the- fee contracts from State officials, to process: Regardless of who nominates ory.’’ whom they later contributed tens of an individual, party affiliation aside, I Mr. McConnell’s lead paint litigation thousands of dollars. I think there are don’t think the Senate, as an institu- scheme required the complicity, unfor- a lot of very important public policy tion, should tolerate a nominee who es- tunately, of State and local officials, a reasons why State officials should not sentially misrepresents the facts in the practice I will speak more on in just a be able to outsource their responsibil- context of a confirmation process. This moment. But Mr. McConnell’s reaction ities to private lawyers based on a con- involved his participation in or in- to the decision of the Rhode Island Su- tingency fee, where their only incen- volvement with a set of stolen con- preme Court also demonstrates his tive is one of a profit motive, fidential documents his law firm ob- lack of judicial temperament, some- untethered by the sorts of checks and tained in a lawsuit against the Sher- thing very important, particularly for balances that elected or other ap- man-Williams Company. a judge. It showed that not only does pointed government officials would or- In 2010, in his answers to written he still adamantly believe in these rad- dinarily have. questions to the committee, Mr. ical, unprecedented legal theories, re- Our system of justice relies on finan- McConnell told members of the com- jected by the highest court in Rhode Is- cially disinterested officials who take mittee: ‘‘I would not say I was familiar land, but he also lacks the tempera- an oath to uphold the law and not with the documents in any fashion.’’ ment to serve on the Federal bench. In- those whose sole motive is not to up- Only a few months later, in September stead of respecting the decision made hold the law but to twist it and manip- 2010, this same nominee gave a deposi- by the highest court in the State, Mr. ulate it in order to maximize their eco- tion in an Ohio court, where he testi- McConnell wrote a strident op-ed piece nomic gain. condemning the court and stating he fied he was the first attorney at his Some of these lawyers, including Mr. believed their decisions ‘‘let the wrong- firm to review the documents in ques- McConnell’s firm, have pocketed what doers off the hook.’’ In other words, tion, that he had drafted a newspaper amounts to hundreds of thousands of Mr. McConnell made clear he believes editorial citing information that had dollars per hour for their work in law- the law should be manipulated to serve come from those documents, and that suits against tobacco companies. Mr. his agenda, not to uphold the rule of portions of those documents were in- McConnell and lawyers like him are law, nor to respect the very bodies that corporated in a brief filed under his the big winners in these lawsuits, tak- are responsible under our system for signature. Despite this obvious con- ing home large sums of money that interpreting law and rendering judg- tradiction and given an opportunity to rightfully belong to the taxpayer, the ment. correct his misleading statement, Mr. client I mentioned at the outset. Imag- Mr. McConnell’s outburst was not McConnell has unequivocally stood by ine if these billions of dollars were particularly surprising, given his pub- his original statement to committee spent on cancer research or improving lic admission previously that he is ‘‘an members. public health, instead of lining the I reiterate, this body should not ap- emotional personal about injustice at pockets of a few politically well-con- prove or confirm, for a lifetime ap- any level, personal, societal, or glob- nected lawyers. More important, how- pointment, someone who wants to al,’’ as he put it. This lack of tempera- ever, the outsourcing of suits to pri- serve as a judge, in particular, but any- ment and novel view of the law is in- vate trial lawyers on a contingent-fee one who would lie to or, at best, inten- dicative of the type of judge Jack basis creates both the opportunity and tionally mislead the Senate by McConnell would be, I am sorry to say: appearance for corruption by allowing downplaying his role in a serious con- biased against a certain class of people State officials to reward their friends troversy involving, in this case, stolen and untethered to the rule of law. and campaign contributors. confidential documents. Mr. McConnell’s practices also ex- During the time I practiced law and isted under an ethical cloud through- One reason I have taken such a served on the State court bench in my out his career. He and his law firm strong personal interest in this issue is State of Texas, I have come to respect made billions of dollars and a name for because of my service as attorney gen- lawyers who handle all sorts of cases— themselves through their pioneering eral of Texas, following that of Dan lawyers who prosecute criminal cases, practice of soliciting no-bid, contin- Morales, my predecessor. Mr. Morales lawyers who defend criminal cases, gent-fee contracts from State officials. served over 3 years in the Federal peni- lawyers who defend citizens, including For example, Mr. McConnell and his tentiary for attempting to illegally companies, sued for money damages, firm played a central role in litigating channel millions of dollars in a tobacco and those who bring those lawsuits— lawsuits brought by State attorneys settlement, money that was due to the constrained, again, by the rule of law, general, first against tobacco compa- State of Texas, but he steered it to a duty to the client, and high ethical nies and then lead-based paint manu- lawyer friend of his by trying to back- standards. But based on his long career facturers. Of course, I am not saying date a contract, to make it appear to as a lawyer, Mr. McConnell has advo- tobacco companies and other compa- be something it was not. The actions of cated—it is clear from the evidence—a nies should not be held accountable for Mr. McConnell and his partners, by results-oriented view of the law and harmful products, but the purpose of funneling tens of thousands of dollars manipulated it for his personal gain. the law should be to compensate those into campaign accounts of State offi- These theories he has advanced, osten- people who have been aggrieved and to cials who hired them, raise concerns sibly on behalf of his client, have been deter others from acting in the same about pay-to-play dealings. rejected, not just by people like me but fashion in the future. The litigation he In the State of Washington, for ex- by a very broad range of people in the constructed and devised, the scheme he ample, Mr. McConnell and members of legal community. literally created, did none of that. The his small South Carolina-based law For example, Mr. McConnell and his question is, ultimately, where did the firm contributed $23,200 to the reelec- firm sued paint manufacturers based money go? tion of the attorney general in the on an unprecedented theory of public Under these contracts, Mr. McCon- State of Washington. By the way, that nuisance that allowed them to cir- nell and his partners have repeatedly was the very same lawyer who hired cumvent longstanding legal doctrine sued American businesses, pocketing them on a contingency basis to rep- and receive a huge jury award in a billions of dollars for themselves in at- resent the State. sympathetic judge’s courtroom. torney’s fees, while leaving taxpayers In North Dakota, Mr. McConnell and Ultimately, the Rhode Island Su- on the hook for the resulting costs. In his wife contributed $30,000 to the gu- preme Court rejected unanimously this the word of one respected legal com- bernatorial campaign of the attorney theory, declaring it ‘‘at odds with cen- mentator, Mr. McConnell and lawyers general who appointed him as special

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Mr. McConnell and his ‘‘absolutely no confidence’’ that cer- tive comments from judges before whom he law firm contributed an additional tain industries will ever do the right appeared and/or from lawyers who know him. $73,000 to that same attorney general’s thing and that they will only do the Mr. McConnell’s ABA rating should come State political party during the cam- right thing ‘‘when they’re sued and as no surprise given his past statements, which raise serious questions about whether paign cycle, making them the No. 4 forced to by a jury.’’ he will follow precedent and the rule of law. campaign contributor to that organiza- Given his tendency to view lawsuits For example, in 1999, Mr. McConnell was tion. against businesses as a movement hired on a contingency fee basis by the State There is nothing wrong with people against societal injustice, it is difficult of Rhode Island to sue paint companies contributing money to political can- to see how Mr. McConnell could put under theories of liability that exceeded the didates or parties or causes they be- those personal views aside and give all bounds of well-settled law. After nine years lieve in. But it is another matter when litigants in his courtroom a fair trial, of protracted litigation, and after millions of these contributions are made in con- a right which they are guaranteed dollars spent by defendants, the Rhode Is- land Supreme Court unanimously (4–0) re- nection with no-bid contracts or appar- under our Constitution and laws. I be- ent political favors. It is no small mat- jected Mr. McConnell’s misguided interpreta- lieve a vote to support Mr. McConnell’s tion of public nuisance law. Mr. McConnell ter that Mr. McConnell has a lucrative, nomination is a vote to create yet an- demonstrated little respect for the Supreme ongoing financial arrangement as a other court where trial lawyers will re- Court’s ruling and publicly attacked the de- product of his previous work as a trial peatedly prevail in frivolous litigation cision in an op-ed that he penned for The lawyer. In fact, he will receive $2.5 to against American businesses. That is Providence Journal, claiming that the jus- $3.1 million a year through 2024 as part something we ought not allow. tices ‘‘got [the decision] terribly wrong’’ by of his payout for his work in the to- Mr. McConnell’s behavior during his letting ‘‘wrongdoers off the hook.’’ bacco litigation I mentioned a moment career and confirmation procession Mr. McConnell’s public criticism of the ago—$2.5 to $3.1 million a year through demonstrates a lack of ethics and tem- Rhode Island Supreme Court’s lead paint rul- 2024. For anyone who would praise Mr. ing should also give the Committee pause be- perament necessary to serve as a Fed- cause it casts light on a judicial philosophy McConnell for giving up a successful eral judge. I hope a President would legal career in order to serve as a Fed- that appears to be outcome-driven rather never appoint someone such as Jack than based on interpreting and applying the eral judge, remember he would be reap- McConnell, but apparently everyone law. Indeed, Mr. McConnell has publicly af- ing huge windfalls at the expense of makes mistakes, including this nomi- firmed his support for ‘‘an active govern- taxpayers long into his tenure as a nation by this President. Instead of ment’’ that should not ‘‘stand on the side- Federal judge. stubbornly digging in his heels, usually lines’’ and that ‘‘[he] see[s] the law’’ as a Some Senators will say that what- the President has agreed to withdraw mechanism to redress ‘‘wrongs that need to be righted.’’ Considering these statements ever his past, Mr. McConnell deserves nominees whose confirmation process the benefit of the doubt and that he together, a picture of a judicial nominee who produces extraordinary controversy, will legislate from the bench begins to would be an impartial judge if con- but since he has failed to do so here, firmed by the Senate to this lifetime emerge. the President has forced me and others appointment. I cannot agree and nei- The Chamber is equally concerned that Mr. to stand our ground and to fight Mr. ther does, by the way, the U.S. Cham- McConnell lacks the capacity to be an im- McConnell’s appointment to the Fed- ber of Commerce. They have taken an partial jurist, especially against business de- eral bench. fendants who may appear before him. Mr. unprecedented step of opposing this Based on his deeply troubling ethical McConnell has defined his career by suing nomination. business defendants. As his own Committee I ask unanimous consent that letter record and poor judicial temperament and the fact he intentionally misled, if questionnaire indicates, of the top ten cases be printed in the RECORD following my he views as the ‘‘most significant’’ litiga- remarks. not lied to, the Judiciary Committee tions of his legal career, all but two involve The PRESIDING OFFICER (Mr. during his confirmation process, I be- actions against businesses, and none in- TESTER). Without objection, it is so or- lieve we must fight this nomination volved him representing or defending a busi- dered. with every tool at our disposal. ness. Worse still, when asked by the Colum- (See exhibit 1.) I yield the floor. bus Post Dispatch in 2006 about the possi- Mr. CORNYN. The Chamber has EXHIBIT 1 bility of future lead paint litigation, he said that, based on history, he had ‘‘absolutely no taken this unprecedented step of oppos- CHAMBER OF COMMERCE OF THE confidence’’ that defendant paint companies ing his nomination and declaring him UNITED STATES OF AMERICA, would do the right thing. He added ‘‘[t]he Washington, DC, March 30, 2011. ‘‘unfit to serve.’’ In fact, this is the only time is when they’re sued and forced to Hon. PATRICK LEAHY, first time in its 99-year history they by a jury.’’ How could a business hope to re- Chairman, Committee on the Judiciary, have opposed a district court nominee. ceive an impartial hearing in Mr. McCon- U.S. Senate, Washington, DC. My colleagues have asked me wheth- nell’s courtroom when these statements Hon. CHARLES GRASSLEY, er I believe that Texas businesses and show that the deck is already stacked so Ranking Member, Committee on the Judiciary, heavily against them? businesspeople would get a fair shake U.S. Senate, Washington, DC. in Jack McConnell’s courtroom, and I DEAR CHAIRMAN LEAHY AND RANKING MEM- Moreover, Mr. McConnell’s ability to absolutely do not believe they could. BER GRASSLEY: The U.S. Chamber of Com- render fair and impartial rulings from the To my colleagues who may doubt merce, the world’s largest business federa- bench should be seriously questioned in light what I am saying or look for some tion representing the interests of more than of the potentially significant financial wind- proof, I would just say: Read the three million businesses and organizations of falls that he stands to recover for the next 15 record. I am convinced you would have every size, sector, and region, strongly op- years. According to Mr. McConnell’s ques- tionnaire, he is scheduled to receive millions trouble looking your constituents in poses the nomination of John ‘‘Jack’’ McConnell to serve on the United States Dis- of dollars annually through 2024 from an or- the eye and telling them you believe ganization closely tied with his current em- Mr. McConnell would be fair to all liti- trict Court for the District of Rhode Island. Mr. McConnell’s past statements, conduct ployer, the Motley Rice plaintiffs’ firm. This gants in his courtroom and, in this as a personal injury plaintiffs’ lawyer, and has all the appearance of a conflict of inter- case, especially businesses that may be lackluster ABA rating raise serious concerns est and it is difficult to see how Mr. McCon- sued for money damages, as he did about his fitness to be confirmed to a life- nell could render impartial judgments in throughout his legal career. In fact, time appointment to the federal bench. Al- matters involving plaintiffs’ law firms while Mr. McConnell, during the Judiciary though the Chamber has historically stayed simultaneously receiving millions of dollars Committee deliberations, described his away from debates surrounding federal dis- in compensation from another plaintiffs’ firm. legal philosophy by saying: ‘‘There are trict court nominees, we believe that a re- wrongs that need to be righted and sponse is warranted in this circumstance Ultimately, we are concerned that Mr. Mc- given Mr. McConnell’s record. Connell’s apparent bias against business de- that is how I see the law.’’ That doesn’t Our opposition begins with Mr. McCon- fendants, underlying judicial philosophy, and cite any applicable legal standard. It nell’s mediocre ‘‘substantial majority quali- questionable respect for the rule of law, will doesn’t actually take into account law fied, minority unqualified’’ rating from the lead to the multiplication of baseless law- as we know it, just wrongs he believes American Bar Association. For a practicing suits in his courtroom with untold con- need to be righted. lawyer with 25 years of experience to obtain sequences to businesses large and small

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.018 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2599 across the country. Given the limited num- Senate’s Executive Calendar for many only five have been reported by party- ber of judges who currently serve in the Dis- months stalled by Republican objection line votes. Only five total in the last 65 trict of Rhode Island, it is not hard to imag- to proceeding to debate and vote. years. Four of these five party-line ine a generation of enterprising personal in- Just a few years ago, Republican votes have been against President jury lawyers flocking to a new ‘‘magnet ju- Obama’s highly qualified district court risdiction’’ at the federal level with a chance Senators argued that filibusters of ju- to draw such a plaintiff-lawyer friendly dicial nominees were unconstitutional, nominees. Indeed, only 19 of those 2,100 judge. State courts like those in Madison and that every nominee was entitled to district court nominees were reported County, Illinois have amply demonstrated an up-or-down vote. They unsuccess- by any kind of split rollcall vote at all, the problems that can arise from courts that fully filibustered President Obama’s and five of those, more than a quarter, accept plaintiffs’ claims no matter their first judicial nominee, and have stalled have been President Obama’s nomi- merits. Finally, as most litigators under- many others. Cloture is now being re- nees, including Mr. McConnell. stand, federal judges exercise virtually quired to overcome another in a series Democrats never applied this stand- unreviewable discretionary authority in ard to President Bush’s district court many circumstances, and the chance of the of Republican filibusters in order to vote up or down on a judicial nominee nominees, whether in the majority or appellate courts correcting every misstep is the minority. And certainly, there unrealistic. As such, the Chamber must urge at a time when extensive, and ex- the Committee to resist the confirmation of tended, judicial vacancies are creating were nominees to the district court put a lawyer with an animus against one type of a crisis for the Federal justice system forth by that administration that were defendant. and all Americans. considered ideologues. All told, in 8 As Mr. McConnell has not demonstrated With these filibusters, the Senate’s years, the Judiciary Committee re- that he would provide the kind of fair and Republican leadership seems deter- ported only a single Bush district court impartial judicial temperament needed to be mined to set a new standard for ob- nomination by a party line vote. Some- a federal judge, as well as his demonstrated struction of judicial nominations. I how President Obama is being treated bias against a clear class of litigants, the differently than any President, Demo- Chamber urges you to oppose this nomina- cannot recall a single instance in which a President’s judicial nomina- cratic or Republican, before him. tion. Should Mr. McConnell’s nomination be That was the controversial nomina- considered on the Senate floor, the Chamber tion to a Federal trial court, a Federal tion of Leon Holmes, which Senators may consider votes on, or in relation to, his district court, was blocked by a fili- opposed because of the nominee’s stri- nomination in our annual How They Voted buster. dent, intemperate, and insensitive pub- scorecard. When I came to the Senate, the lic statements over the years. Judge Sincerely, President of the United States was R. BRUCE JOSTEN. Holmes argued that ‘‘concern for rape Gerald Ford, whose statue we just un- victims is a red herring because con- Mr. CORNYN. I suggest the absence veiled in the Rotunda. We did not fili- ceptions from rape occur with the same of a quorum. buster any of his Federal district court frequency as snow in Miami,’’ and The PRESIDING OFFICER. The nominees. We did not filibuster any of called concerns about pregnant rape clerk will call the roll. President Jimmy Carter’s district victims ‘‘trivialities.’’ He suggested The assistant legislative clerk pro- court nominees. We did not filibuster that it was correct to say that slavery ceeded to call the roll. any of President George H. W. Bush’s Mr. LEAHY. Mr. President, I ask was just God’s way of teaching White district court nominees. people the value of servitude. He wrote unanimous consent that the order for We did not filibuster on the floor any that he did not believe the Constitu- the quorum call be rescinded. of President Clinton’s or any of Presi- tion ‘‘is made for people of fundamen- The PRESIDING OFFICER. Without dent George W. Bush’s nominees. tally differing views.’’ We opposed objection, it is so ordered. Somehow the rules have changed for Judge Holmes nomination, strongly, Mr. LEAHY. Mr. President, last President Obama. but we did not block it from consider- night, Majority Leader REID was forced This is troubling as chairman of the ation by the Senate. He was not filibus- to file another cloture petition on a Judiciary Committee, but also trou- tered. His nomination was confirmed Federal judicial nominee, the fifth re- bling to the Federal judiciary nation- quired to be filed during President without the need for a cloture vote. wide. So I did a little research. Look- With judicial vacancies at crisis lev- Obama’s term. Among the highly quali- ing back over the last six decades, I els, affecting the ability of courts to fied nominees being stalled is Jack found only three district court nomina- provide justice to Americans around McConnell, who is nominated to a va- tions—three in over 60 years—on which the country, we should be debating and cancy on the United States District cloture was even filed. For two of voting on each of the 13 judicial nomi- Court for the District of Rhode Island. those, the cloture petitions were with- nations reported favorably by the Judi- I am concerned that we have to file drawn after procedural issues were re- ciary Committee and pending on the cloture on nominations that should solved. For a single one, the Senate Senate’s Executive Calendar. No one simply have an up-or-down vote. I hope voted on cloture and it was invoked. should be playing partisan games and we are not returning to the situation All three of those nominations were obstructing while vacancies remain we had during the Clinton administra- confirmed. I trust that the nomination above 90 in the Federal courts around tion when my friends on the Repub- of Jack McConnell will also be con- the country. With one out of every nine lican side of the aisle pocket filibus- firmed. Federal judgeships still vacant, and ju- tered 61 of his nominees. From the start of President Obama’s dicial vacancies around the country at We tried to change that in the 17 term, Republican Senators have ap- 93, there is serious work to be done. months I was chairman during the first plied a heightened and unfair standard Regrettably, Senate Republicans 2 years of President Bush’s first term to President Obama’s district court seem intent on continuing with the when I moved 100 of President Bush’s nominees. Senate Republicans have practices they began when President nominees through the Senate. In the chosen to depart dramatically from the Obama first took office, engaging in remaining 21⁄2 years, the Republicans long tradition of deference on district narrow, partisan attacks on his judi- were in charge, and the Senate con- court nominees to the home State Sen- cial nominations. firmed another 105. We tried to change ators who know the needs of their These unfair attacks started with what had been an unfortunate proce- States best. Instead, an unprecedented President Obama’s very first judicial dure. I hope we are not going back to number of President Obama’s highly nomination, David Hamilton of Indi- that. qualified district court nominees have ana, a 15-year veteran of the Federal Jack McConnell has the strong sup- been targeted for opposition and ob- bench. President Obama nominated port of his home State Senators, bipar- struction. Judge Hamilton in March 2009, after tisan support from those in his home That approach is a serious break consultation with the most senior and State, and his nomination has been re- from the Senate’s practice of advice longest-serving Republican in the Sen- ported favorably by a bipartisan major- and consent. Since 1945, the Judiciary ate, Senator DICK LUGAR of Indiana, ity of the Judiciary Committee mul- Committee has reported more than who then strongly supported the nomi- tiple times. This nomination is one of 2,100 district court nominees to the nation. Rather than welcome the nomi- many that have been stranded on the Senate. Out of these 2,100 nominees, nation as an attempt by President

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.002 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE May 3, 2011 Obama to step away from the ideolog- Virginia. She was ultimately con- matic break from the Senate’s tradi- ical battles of the past, Senate Repub- firmed 99–0 as the first woman from tion by filibustering this district court licans ignored Senator LUGAR’s sup- Virginia to serve on the Fourth Cir- nomination. port, caricaturing Judge Hamilton’s cuit. Senate Republicans filibustered Jack McConnell is an outstanding record and filibustering his nomina- the nomination of Judge Thomas lawyer. President Obama has nomi- tion. The Senate was not able to have Vanaskie, whose 16 years of experience nated him three times to serve as a an up-or-down vote on his nomination as a Federal district court judge in Federal district court judge in Rhode until we overcame a Republican fili- Pennsylvania are now being used in Island. With more than 25 years of ex- buster 8 months after he was nomi- service to the Third Circuit Court of perience as a lawyer in private prac- nated. After rejecting the filibuster Appeals, after his overwhelming con- tice, Mr. McConnell has the strong sup- with an overwhelming vote of 70 to 29, firmation. Senate Republicans filibus- port of both Rhode Island Senators, Judge Hamilton was confirmed. tered Judge Denny Chin of the Second Senator REED and Senator Republican Senators who just a few Circuit, another nominee with 16 years WHITEHOUSE. He has been reported by a years ago protested that such filibus- of experience as a Federal district bipartisan majority of the Judiciary ters were unconstitutional, Republican court judge. He is now the only active Committee three times. Senators who joined in a bipartisan Asian Pacific American judge to serve Individuals and organizations from memorandum of understanding to head on a Federal appellate court, after across the political spectrum in that off the ‘‘nuclear option’’ and agreed being confirmed unanimously. State have called for Mr. McConnell’s that nominees should only be filibus- In addition, the Republicans’ across- confirmation. The Providence Journal tered under ‘‘extraordinary cir- the-board practice of refusing consent endorsed his nomination by saying cumstances,’’ abandoned all that they and delaying consideration of even in his legal work and community leader- said they stood for and joined together nominations with unanimous support ship [he] has shown that he has the legal in- in an attempt to prevent an up-or-down has led to a steady backlog of pending telligence, character, compassion, and inde- vote on President Obama’s very first nominations. The refusal of Repub- pendence to be a distinguished jurist. judicial nominee. licans to give consent to consideration Leading Republican figures in Rhode In other words, the standard they meant that 19 judicial nominations Island have endorsed his nomination. said should be applied to every single were stranded on the Senate’s Execu- They include First Circuit Court of Ap- President in the history of this country tive Calendar at the end of last Con- peals Judge Bruce Selya; Warick suddenly was changed when this Presi- gress. There are 13 judicial nomina- Mayor Scott Avedisian; Rhode Island dent came in. They chose to ignore tions now on the calendar that Demo- Chief Justice Joseph Weisberger; their own standards outlined in a letter crats are prepared to consider. former Rhode Island Attorney General sent to President Obama not long after Each of these nominations should be Jeffrey Pine; former Director of the he took office, and before he had made considered without unnecessary delay. Rhode Island Department of Business, a single judicial nomination, in which If we do that, we can reduce the judi- Barry Hittner; former Rhode Island Re- Senate Republicans threatened to fili- cial vacancies to 80 for the first time publican Party Vice-Chair John M. buster any nomination made without since July 2009. Yet we are forced to Harpootian; and Third Circuit Court of consultation. Of course, President overcome filibusters even to have a de- Appeals Judge Michael Fisher. Obama did consult with the senior- bate and vote on district court nomina- Some oppose him because he success- most Republican Senator on a nomina- tions. fully represented plaintiffs, including tion to fill a vacancy in his home These filibusters stand in stark con- the State of Rhode Island itself, in law- State, but still they filibustered. In trast to the views of Republican Sen- suits against lead paint manufacturers. fact, he has consistently consulted ators about the role of the Senate in Some here in the Senate may support with home State Senators, both Repub- considering judicial nominees when the the lead paint industry. That is their licans and Democrats. It makes you President was from their own party. In right. I support those who want to go wonder what it is about President 2005, when the Republican majority after the people who poison children. Obama which makes Republicans want threatened to blow up the Senate to That is what Mr. McConnell did. But to change the rules for him, rules that ensure up-or-down votes for each of nobody should oppose Mr. McConnell existed for every President prior to President Bush’s judicial nominations, for doing what lawyers do and vigor- him. Senator MCCONNELL, then the Repub- ously representing his clients in those Since the filibuster of Judge Ham- lican whip, said: lawsuits. The Senate has finally begun to de- ilton, Senate Republicans have re- Any President’s judicial nominees should quired the majority leader to file clo- receive careful consideration. But after that bate this nomination, and some have ture on three more highly qualified cir- debate, they deserve a simple up-or-down wasted no time in coming to the Floor cuit court nominees. This is a far cry vote. . . . It’s time to move away from advise and distorting, I believe, Mr. McCon- from Republican insistence that every and obstruct and get back to advise and con- nell’s testimony before the committee. nominee is required by the Constitu- sent. The stakes are high . . . . The Constitu- I disagree with Senator CORNYN’s char- tion to have an up-or-down vote, or tion of the United States is at stake. acterization of Mr. McConnell’s testi- even from the ‘‘extraordinary cir- Other Republican Senators made mony. As chairman, I take seriously cumstances’’ Republican Senators now similar statements back then. Many the obligation of nominees appearing claim to be the basis for a filibuster. declared that they would never support before the Judiciary Committee to be The PRESIDING OFFICER. The Sen- the filibuster of a judicial nomination. truthful. I would be the first Senator ator has used his 10 minutes. Others subscribed to the standard that to raise an issue if there were any le- Mr. LEAHY. Mr. President, I ask the so-called gang of 14 formulated gitimate question as to the accuracy of unanimous consent for 5 minutes more. that they would only filibuster in ‘‘ex- Mr. McConnell’s testimony. But there I know there are other Senators wait- traordinary circumstances.’’ The only is not. ing to speak. extraordinary circumstance in this The accusation stems from Mr. Mc- The PRESIDING OFFICER. Without case is the judicial vacancies crisis Connell’s recent testimony as a witness objection, it is so ordered. that has prompted the President, the deposed in a lawsuit brought by one of Mr. LEAHY. No Senator could claim Chief Justice, the Attorney General, the paint companies engaged in litiga- the circumstances surrounding the fili- bar associations and many others to tion with Mr. McConnell’s client. That busters of President Obama’s circuit call for prompt consideration and con- lawsuit alleges that Motley Rice, the court nominations to be extraordinary. firmation of judicial nominees. law firm where Mr. McConnell is em- Republicans filibustered the nomina- Yet rather than applying consistent ployed, improperly obtained a 34-page tion of Judge Barbara Keenan, a nomi- standards and debating and voting on confidential company document from nee with nearly 30 years of judicial ex- judicial nominations favorably re- one of the lead paint companies. Mr. perience, and who had the distinction ported by the Judiciary Committee, we McConnell is not a party to the law- of being the first woman to hold a see Republican Senators adopting a suit, but was deposed last September number of important judicial roles in double standard and engaging in a dra- only as a witness. His answers at his

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2601 deposition concerning his knowledge of I remember talking with some of my better, let’s do that. But there is a lot the confidential document were the compadres who were going through in the legislation that enables us to get same as his responses to written ques- training with us, saying: We would not better health care results for less tions from Senator KYL following his want to mess with those guys—and for money. We need to do more of what hearing nearly a year ago, and the good reason. works. same as his responses to Senator LEE They have made us proud. They have There is a lot of uncertainty with re- in written questions this February. At taken on an incredibly difficult task spect to transportation policy, on the no time has there been a suggestion of and I think handled themselves splen- series of extensions of the transpor- wrongdoing by Mr. McConnell in this didly, and I want to start off today say- tation programs for this country. lawsuit. ing how proud we are of them. The way it works, if you will, Mr. Far from establishing that Mr. f President: Looking at my podium here, McConnell was untruthful with the we will say right here is the transpor- JOB CREATION committee, the deposition transcript tation trust fund, and right here in the obtained by the Committee after it was Mr. CARPER. I am not quite as middle is the general fund for our coun- unsealed by the Court only further proud, however, when it comes to one try, our Treasury, and over here on the validates Mr. McConnell’s account of of our responsibilities; that is, the re- other side is sources of capital from the his knowledge of this document. To be- sponsibility to provide and nurture a rest of the world. We do not have lieve that Mr. McConnell was untruth- climate for job creation and job preser- enough money in our transportation ful with the committee, some Senators vation. I talk a lot with small business trust fund over here to build transpor- would have to disbelieve not just his folks, and I talk in my work with peo- tation projects. We end up borrowing answers to written questions from ple who run pretty big businesses. One from the general fund right here, mov- committee members, but also Mr. Mc- of the things I have heard again and ing funds over to the transportation Connell’s sworn testimony as a witness again—not just this year but last year trust fund. Unfortunately, we do not being deposed in a lawsuit. Some Sen- and the year before—large businesses have enough money in the trust fund to ators may feel strongly that Mr. are making a fair amount of money run the general government, so we go McConnell and his firm were wrong to these days and a lot of them are sitting overseas and borrow money from ev- sue lead paint companies, but there is on a pile of cash. When you ask them, erybody we can to replenish the gen- simply no basis believing that Mr. why are you sitting on a pile of cash eral fund, in order to put money in the McConnell was untruthful with the and not hiring people, what we hear transportation trust fund. It is crazy, committee. I reject those conclusions. from a lot of them—particularly large and it is one of the reasons why we These Republican filibusters of dis- businesses—is businesses like certainty have a big budget deficit. We have un- trict court nominations are unprece- and predictability. In too many areas— certainty. The transportation system dented. The consequences for the areas we actually have something to do in this country has been awarded a American people and their access to with—there is not the kind of predict- grade ‘‘D’’ as in ‘‘dealt,’’ actually a justice in our Federal courts are real. I ability and certainty those businesses grade ‘‘D’’ as in ‘‘decaying’’ because urge the Senate to reject these efforts need. that is what is going on in our trans- and reject this filibuster. For example, are we going to get se- portation system. I think things worth Mr. President, I appreciate the cour- rious about reducing our deficit? I hope having are worth paying for. We need tesy of my colleagues in giving me the so. I think the Deficit Commission, led to get on with it. That is a source of extra time, the distinguished senior by Erskine Bowles and Alan Simpson, uncertainty. Senator from Delaware and the distin- gives us a pretty good roadmap to take The last one is energy policy. As we guished Senator from Connecticut. $4 trillion out of the deficit over the see runups in energy prices—the price I yield the floor. next 10 years. I hope in the end we will of fuel at the pump—people are won- The PRESIDING OFFICER. The Sen- use that as a roadmap, not to use it dering, What are we going to do about ator from Delaware. with precision but to use it as a road- it? Part of what we tried to do is say, Mr. CARPER. Mr. President, I am al- map. But that is a big uncertainty. we want more energy efficient cars, ways happy to yield a little more time The Tax Code. What about our Tax trucks, and vans to be built in this to the chairman of the Judiciary Com- Code? We are running sort of a 2-year country. We changed the CAFE legisla- mittee. extension of the previous Tax Code, but tion to raise the fuel efficiency stand- f that will end at the end of next year. ards for cars, trucks, and vans. So now, What are we going to do about it? by 2016, the overall average has to be 36 COMMENDING THE NAVY SEALS There is a lot of uncertainty there. miles per gallon—a huge increase from Mr. CARPER. Mr. President, I want We have worked long and hard to try where it has been since 1975. to start off today—I did not plan on to pass health care legislation that is That is being ramped up, and that saying this; I am here to talk about designed not just to extend coverage to will help. But beyond that, we do not small businesses and how to incentivize people who do not have it but also de- have, really, the kind of energy policy job creation and job preservation—but signed to get us to better health care we need. That is another uncertainty. before I do that, I want to take a mo- outcomes, to achieve better health care So those are five reasons why large ment of personal privilege to talk outcomes for less money, or at least businesses, especially, sit on a pile of about the Navy SEALs. better health care outcomes for the cash and are not hiring. One of our ob- I am a retired Navy captain. I spent same amount of money. ligations is to address those uncertain- about 23 years of my life as a naval We have the prospect of the Federal ties. My hope is we will do it. We actu- flight officer. Before that, I was a mid- courts, with a number of litigations ally got off to a pretty good start this shipman, a Navy ROTC midshipman that are underway around the country, year in a couple ways. No. 1, we passed out of Ohio State. We would do our either at the circuit court of appeals the FAA reauthorization, the Federal summer tours as midshipmen being level or maybe someday at the Su- Aviation Administration reauthoriza- trained to be junior naval officers. One preme Court level, taking apart pieces tion. In doing so, we agreed on a rev- of our tours was down at Little Creek, of the health care bill. We need some enue package—agreed to by the indus- where we learned a little bit about certainty there, and we need the courts try—to be able to modernize the air storming the beaches of Virginia and to act on it. I am not a lawyer, but traffic control system—that is great— we learned how to become marines, or some of my friends are, and some of to be able to put some extra money to- pretended we were. We also, later on, I them, who are a lot smarter than I am ward airport construction—that is guess as a lieutenant JG at Coronado, on these things, suggest that as far as good as well—as part of our infrastruc- before we went over to Southeast Asia, they are concerned, this meets con- ture system. had a chance to see—in both places, stitutional muster. We need an answer We passed in the Senate patent re- both the Little Creek Naval Station and we need to get on with it. To the form legislation. If the Presiding Offi- and over at the Coronado, North Island extent we need to change the health cer from Montana were—and he is a Naval Station—the Navy SEALs train. care legislation to fix it and make it very clever fellow, but if he invents or

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2602 CONGRESSIONAL RECORD — SENATE May 3, 2011 thinks he has invented a product or tion and research programs actually of the Navy SEALS who were the tip of technology, and he goes, under current are responsible for something like 25 the spear—an American military that law, to the patent office and files for a percent of our Nation’s crucial innova- has brought to justice one of the worst patent, I can come along, even if I had tions over the past decade and account war criminals of our time. nothing to do with that technology or for, again, something like 40 percent of We celebrate not only, of course, the that product, and say I had that idea America’s patents. Navy SEALS, but all of the men and first and draw him into a lawsuit and For us to be successful in the 21st women who have given their lives and maybe make it difficult for him to ac- century, we need to, as the President their service over the past years, and tually get his patent. likes to say, outeducate, outinnovate, their families. We celebrate also the in- We changed that in this patent re- and outcompete the rest of the world. telligence community’s support of this form legislation. If he is the first one Part of what we need to do is make effort, which was so crucial. to file, then he is the first one to file, sure we are creating a world class Yet even as the celebration has been and a patent troll like me would not be workforce, we are producing a world conducted, on one small beach in Con- able to get in the way and create mis- class infrastructure, and, finally, we necticut this news was greeted with chief and simply maybe ultimately get are making sure we are making re- solace and somber remembrance. It is bought out. So the idea of changing search and development investments the beach at Sherwood Island, in Con- that is very encouraging. that will lead to products that can be necticut, which is home to the living We have a deficit reduction agree- commercialized, ideas that can be com- memorial for the Connecticut victims ment for this fiscal year, which took mercialized, turned into products we of 9/11, a memorial to 152 victims of about $40 billion or so out of our spend- can be making here in this country and this tragedy, this murderous attack by ing, and that is encouraging. selling around the world. the man who has now been brought to We have actually another piece of en- I think if we can somehow figure out justice. It is a beautiful place—exquis- couraging legislation that I think how to resolve our differences so the itely and heartbreakingly beautiful. passed by unanimous consent in the people who want to offer amendments The skyline of New York is visible last Congress on small businesses and to this bill, especially noncontroversial from this point, jutting out from West- how to help small businesses do more ones, maybe they can be successful, port. The skyline of New York could be innovative research and how to help and let’s save the controversial stuff seen in flames on the day of 9/11. This them ease their ability to do tech- for another day. We may disagree on 20 place provided a staging area for many nology transfer. I think it passed by percent. That is Senator ENZI’s 80 per- of the relief efforts that happened on unanimous consent last year. cent/20 percent rule. Let’s agree to the that day and succeeding days. Now it is And now, so far this year, we have 80 percent and put it in the bill. The 20 a place where the community of West- been working on this legislation off percent that we don’t agree on, let’s port, the State of Connecticut, and the and on since March, since the early work on that and save it and have addi- world can remember that tragedy and part of March, and we have a whole lot tional hearings and deal with that the people who lost their lives. It is of amendments that have been offered later. also the place where every year Con- In the meantime, why don’t we pass to the bill. One of them is from myself necticut gathers to honor their memo- this bill. Why don’t we make it easier and Senator VITTER, Senator COBURN, ries and their families. for small businesses to get R&D and Senator MCCASKILL, Senator Many come—as some did yesterday— money, to be able to do technology BEGICH, and a bunch of other people. It with very mixed feelings. The recent transfers. In some cases where that is is not related to small business but it news, while welcome indeed, brings noncontroversial, why don’t we make is certainly related to the deficit. What forth anew the agony of their loss. I that happen. If we do that, we can show it does is—as the President mentioned know there are mixed feelings because the American people we can work to- in his State of the Union Address, we I talked, a short while ago, with Lee gether and get stuff done, and we will have thousands, maybe tens of thou- Hanson, who is the father of Peter Han- actually help small businesses get stuff sands of pieces of surplus property the son. Peter, his wife Sue Kim and their done. We will help them make money Federal Government owns that we are daughter Christine Lee Hanson all lost not using. We pay money to keep them and hire more people and, in the end, some of those people and businesses their lives on that day. Christine was secure. We pay money for their utili- only two and a half years old. People ties, for their upkeep. We are not using will pay more taxes, which will bring down the deficit. That is a pretty good came to that place yesterday and on them. We ought to sell them. We can- many other days to pay their respects not give them away to State and local outcome. It is worth pursuing. I commend Senator LANDRIEU and and reflect on the tragedy of 9/11. They governments, homeless groups. We Senator SNOWE for working on this leg- have felt ambivalence, mixed feelings, ought to sell them, at least get them islation for 6 years. We need to put and their grief is renewed. For them off our books. That is going to be of- that good work to the vote and move there is no celebration because the leg- fered as an amendment to this small on. acy of their loss remains. business bill. My hope is my colleagues Mr. President, I yield the floor. At the memorial, on a granite mark- will support it. Senator LANDRIEU, who The PRESIDING OFFICER. The Sen- er in Westport, there reads the fol- chairs the Small Business Committee, ator from Connecticut is recognized. lowing: and Senator SNOWE, who is the ranking Mr. BLUMENTHAL. Mr. President, I The citizens of Connecticut dedicate this Republican member—previously the thank the Senator from Delaware for living memorial to the thousands of innocent chair—have worked on the underlying those very important and insightful lives lost on September 11, 2001, and to the bill for something like 6 years—6 years. comments both on the Navy SEALS families that loved them. It passed, again I will say, I am pretty and on the small business legislation Today, while there are many voices sure, last year, by unanimous consent. that is pending before this body. who celebrate this victory—and rightly We need to get it done. My hope is that Mr. President, as my colleague, the so—there are voices that are harder to those of us who have amendments, es- distinguished Senator from Delaware, hear, perhaps unheard: the victims and pecially those that are not controver- has mentioned, over the last 36 or so their families whose memory I wish to sial, will have an opportunity to offer hours, our Nation and its allies around honor today. I wanted to take a mo- our amendments to this bill, and then the globe have rightly celebrated an ment of our time to recognize those we need to move on. extraordinary military triumph, a that cannot speak, but in whose mem- It is interesting, if you look at small great victory in the war on terror, a ory justice was served. businesses, an inordinate number of turning point, perhaps, toward peace: I ask unanimous consent to have scientists actually work for small busi- Osama bin Laden, the heinous master- printed in the RECORD the names of nesses. Something like, I want to say, mind of the 9/11 attacks, who murdered those 152 men and women from Con- 40 percent of America’s scientists and thousands of Americans, has been fi- necticut who died on September 11, engineers actually are employed by nally brought to justice. 2001, as they are recorded on the memo- small businesses. We have some studies We are rightly celebrating the ex- rial that honors their legacy at Sher- that show the small business innova- traordinary service, bravery, and skill wood Island.

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.021 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2603 There being no objection, the mate- Faulkner; Michael G. McGinty; Michele The bill clerk proceeded to call the rial was ordered to be printed in the Heidenberger; Daniel Robert Nolan; James roll. RECORD, as follows: A. Gadiel; Thomas F. Theurkauf, Jr. Mr. REID. Mr. President, I ask unan- CONNECTICUT VICTIMS ON SEPTEMBER 11TH, Mr. BLUMENTHAL. Mr. President, imous consent that the order for the 2001 we should be ever mindful of the people quorum call be rescinded. FIRST ROW OF STONES (SOUTH OR LEFT LOOKING whose lives have been changed forever. The PRESIDING OFFICER. Without TOWARD MONUMENT) The families of the victims and sur- objection, it is so ordered. vivors need our help. Their children Richard M. Keane; Peter R. Kellerman; f Stacey Leigh Sanders; Joshua Piver; Law- may have grown. Some may have chil- rence Getzfred; Jonathan J. Uman; Scott dren of their own. Their lives have UNANIMOUS CONSENT Thomas Coleman; Keith Eugene Coleman; moved on. Some have come to peace. AGREEMENT—S. RES. 159 Richard S. Gabrielle; Thomas M. Brennan; But their lives, like the lives of the Mr. REID. Mr. President, I ask unan- Ronald Gilligan; Jeffrey D. Bittner; John emergency responders who ran into the imous consent that at 2:15 p.m. today, Fiorito; William J. Meehan, Jr.; Eskedar buildings—the firefighters, the police— the Senate proceed to consideration of Melaku; Glenn Davis Kirwin; Joel Miller; have been changed forever. Whether by Adam J. Lewis; Michael M. Miller; Steven S. Res. 159, which is at the desk; that Lawrence Glick; Eamon McEneaney; Craig maintaining a memorial in your com- there be up to 75 minutes of debate on William Staub; James Thomas Waters, Jr.; munity, helping to meet the needs of the resolution equally divided between Frederick Varacchi; James Andrew O’Grady; their children, or just listening to their the two leaders or their designees prior Edward ‘‘Teddy’’ F. Maloney; Charles A. voices, it is an honor to help those who to a vote on adoption of the resolution, Zion; Michael J. Lyons; Amy King; Michael have already given so much. with the final 10 minutes reserved for C. Farrou; Heather L. Smith; Raymond Jo- Many questions will arise in the days the two leaders, with the Republican seph Metz, III; Jason E. Sabbag; Candace Lee ahead over what will be the course of Williams; Maurice Patrick Kelly; Peter Alan leader controlling 5 minutes and the action for our Nation, but today let us majority leader controlling the final 5 Gay; Stephen Lamantia; Thomas E. Galvin. give pause and reflect on how Amer- SECOND ROW OF STONES (SOUTH OR LEFT minutes; further, that upon disposition ica’s military has kept focused on jus- of the resolution, the preamble be LOOKING TOWARD MONUMENT) tice for the victims of terror for almost Francis Henry (Frank) Brennan; Thomas agreed to; that there be no amend- 10 years. We have lost many service- ments in order to either the resolution Anthony Palazzo; James A. Greenleaf, Jr.; men and women in the line of duty and Mike A. Pelletier; Michael C. Rothberg; or the preamble; that the motions to David H. Winton; Allen V. Upton; Peter C. many more have been injured in this reconsider be considered made and laid Fry; Kevin P. Connors; Christopher William war. The lives of our veterans who have upon the table, with no intervening ac- White Murphy; Madeline Sweeney; Cheryl fought and served and sacrificed in the tion or debate, and that the Senate Ann Monyak; Francis McGuinn; Ada war on terror have been changed for- then proceed to a period for the trans- Maason; Robert A. Lawrence, Jr.; Martin ever. We owe it to them to never forget action of morning business for debate Phillips Wohlforth; Joseph A. Lenihan; Jesus as we celebrate this victory. We owe it only until 5 p.m., with Senators per- Sanchez; Amy E. Toyen; Jeffrey David Wie- to our veterans who have served and mitted to speak for up to 10 minutes ner; Cesar A. Murillo; Gary E. Lasko; Mar- sacrificed to honor that service, not each. garet Quinn Orloske; Derek J. Statkevicus; just in rhetoric but in deed. Our vet- Randy Scott; Lindsay S. Morehouse; Dianne The PRESIDING OFFICER. Without erans have fought for a Nation that Bullis Snyder; Sean P. Rooney; George E. objection, it is so ordered. keeps faith with them. Spencer, III; Christopher Orgielewicz; Garry Mr. REID. Mr. President, with this W. Lozier; Gregory T. Spagnoletti; Jude We must make sure to leave no vet- eran behind in education, jobs, and agreement, the vote on adoption of the Moussa; James Matthew Patrick; Sean resolution will occur at 3:30 p.m. today. Schielke; Tyler Ugolyn; Ulf Ramm Ericson; health care—to provide for them what Juan Ceballos. we have obligated and promised to pro- I encourage Senators to vote from their desks. Senator MCCONNELL and I THIRD ROW OF STONES (2ND FROM RIGHT vide. While we hope for peace from this LOOKING TOWARD MONUMENT) day forward, we must do everything we have talked about this important reso- Edwin J. Graf, III; Timothy John can to support the brave American men lution. We ask everyone to be in their Hargrave; Christopher W. Wodenshek; Dolo- and women in uniform and those of our seats 10 minutes before 3:30 so we can res Costa; Geoffrey W. Cloud; Edward T. Fer- allies whose relentless service and sac- vote at 3:30 in a dignified manner on gus, Jr.; Michael Egan; Bradley Fetchet; An- rifice have helped us to win this vic- this most important resolution. drew Stergiopoulos; James D. Halvorson; tory. So too do we support the brave f John Bruce Eagleson; Edward Calderon; Mar- first responders who are always poised, garet Connor; Peter Gelinas; Paul M. Fiori; RECESS Robert Higley, II; Robert W. Noonan; Mi- always ready, to respond when their city, State or the Nation calls. They The PRESIDING OFFICER. Under chael Grady Jacobs; Patrick Danahy; Chris- the previous order, the Senate stands topher Samuel Gardner; Robert Gerlich; should know they each have the thanks John Works; Laurence Abel; John P. of a grateful Nation. in recess until 2:15 p.m. Williamson; Michael John Simon; Kiran My hope is that the memory of the Thereupon, the Senate, at 12:33 p.m, Kumar Reddy Gopu; John Henwood; Judith victims of 9/11 will bring us together in recessed until 2:15 p.m. and reassem- Florence Hofmiller; Bradley H. Vadas; Bryan a time of unity and purpose just as bled when called to order by the Pre- C. Bennett; Timothy M. O’Brien; Kevin Mi- that heinous act did on that day al- siding Officer (Mr. WEBB). chael McCarthy; Thomas Edward Hynes; most 10 years ago. The brutal mur- The PRESIDING OFFICER. The Sen- John F. Iskyan; H. Joseph Heller; Stephen P. ator from Maryland. Cherry; Edward Raymond Vanacore; Eric B. derers of September 11, 2001, hit the Evans. World Trade Center and hit the Pen- f tagon, but they missed America, as was FOURTH ROW OF STONES (RIGHT MOST ROW DEATH OF OSAMA BIN LADEN remarked at the time. They missed WHEN LOOKING TOWARD MONUMENT) Mr. CARDIN. Mr. President, late on Paul Curioli; Scott J. O’Brien; William what makes America great. They brought us together in a time that we Sunday evening, the world was told of Christopher Hunt; Alexander Braginski; Paul news we had been waiting to hear for R. Hughes; Donald F. Greene; Pedry Grehan; can remember with pride because it Edward P. York; James J. Hobin; Ruth was a time of resolve and unity. almost 10 years. Osama bin Laden was McCourt; Juliana McCourt; Osseni Mama I hope the memory of those victims— a murderer who devoted his life to the Garba; William Hill Kelly, Jr.; Brian Thomas the 152 from Connecticut and thou- destruction of freedom, democracy, and Cummins; Eric (Rick) R. Thorpe; Sandra sands more from around the country— our way of life. His death is an impor- Campbell; John B. Schwartz; Bennett as well as their families can bring us tant milestone in the fight against Lawson Fisher; Mark Steven Jardim; Joseph together now in a renewed sense of global extremist violence and a relief John Coppo; Richard Peter Gabriel, Sr.; unity and purpose to face the chal- to the millions of Americans and oth- Allen Patrick Boyle; Christopher J. ers around the world who have felt his Blackwell, FDNY; Roger Mark Rasweiler; lenges that lie ahead. Evan Hunter Gillette; Peter Burton Hanson; Mr. President, I suggest the absence murderous destruction. Sue Kim Hanson; Christine Lee Hanson; Jean of a quorum. I, first and foremost, wish to thank Destrehan Roger; Sean S. Hanley; Wilder A. The PRESIDING OFFICER. The the military and the intelligence pro- Gomez; Robert Thomas Jordan; Wendy R. clerk will call the roll. fessionals who carried out this daring

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.007 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2604 CONGRESSIONAL RECORD — SENATE May 3, 2011 mission, which was executed flawlessly information that we thought there was security drill—shoes off, liquids in and will go down in our history books a plane that could be heading to our plastic bags, and all the other incon- as to how we should do our work. own building. The Capitol Police ush- veniences designed to keep us safe. It I wish to take a moment to com- ered us out of the building so we could was at that same airport on Christmas pliment all of our military and intel- try to get out of harm’s way. We all of 2009 that a would-be terrorist sought ligence people who were involved in began to understand our Nation was to bomb an airliner. So I was sur- this effort. I take great pride in rep- under attack and the world was chang- rounded by reminders, large and small, resenting the State of Maryland and ing. of how the threat of terrorism has af- our intelligence agencies that are lo- While we are still living in that fected our lives when Defense Sec- cated at Fort Meade. They do incred- changed world, this event reminds us retary Gates called me with the mo- ible work for our national security and again the strength of America is free- mentous news that our forces had suc- for our Nation. They do a lot of work dom and that its persistence can pre- ceeded in raiding a compound in Paki- that keeps us safe, but they can never vail. As a lifelong proponent of human stan and killing Osama bin Laden. issue a press release because of the na- rights, I know we do not rejoice in kill- A few hours later, my wife Barbara ture of their work. Many times I be- ing, but this death rids the world of a and I joined a different scene—thou- lieve their work goes basically man who was committed to intoler- sands of cheering young people waving unappreciated by the vast majority of ance, destruction, hatred, and the dese- American flags and singing patriotic Americans. But I wish to take a mo- cration of human dignity. Bringing bin songs in the early morning darkness ment to congratulate all the men and Laden to justice helps heal the wounds outside the White House—part of an women in our intelligence agencies and of those who lost their loved ones and outpouring of relief and emotion across in our military who have devoted their to a nation who lived through 9/11. the Nation. What had happened is lives to keeping us safe. This mission We must remain vigilant as the fight Osama bin Laden could not avoid the demonstrates the type of work they do against al-Qaida and other extremists long memory and the long arm of jus- in order to make this a safer nation. goes on. While al-Qaida is increasingly tice, and he could not hope to triumph This successful interagency oper- marginalized—particularly as we see so against the indomitable spirit of the ation illustrates intelligence sharing many in the Arab world exercise their American people. at its best and the commitment of the desires for change—the threat posed by The news President Obama delivered men and women of our Armed Forces terrorist organizations will remain to the Nation on Sunday evening gives as well as our political leadership. As with us. We must remain on our high- us many reasons to reflect. We should you know, after the attack on our est guard, working with our allies first turn to those who still carry the country on September 11, we had com- around the world, in order to fight grief and loss of that September morn- missions do work, we had a lot of con- these extremists. ing about 10 years ago—to those who gressional investigations, and there Once again, I wish to congratulate had lost loved ones in the fight against was one theme that came out very the tremendous efforts of our Presi- terror and the years since and to those clearly in regard to the way we col- dent, our military, and our intelligence who carry wounds of body, mind or lected intelligence information to keep community, especially as their hard spirit from that war. The death of this Nation safe; that is, there was too work continues, and may this event Osama bin Laden cannot bring back much stovepiping and not enough shar- bring some sense of peace to the fami- the lives lost through his monstrous ing of information. Information that lies affected by bin Laden’s evil, as acts, but it can, I hope, bring some could have been shared, that could well as to all in the world who love measure of relief from those lost. have been used in a way to keep us safe freedom and peace. We first turn, with thanks and admi- was not. This effort demonstrates the Mr. President, I ask unanimous con- ration, to the men and women of our advantages of sharing information. Our sent that the time spent in quorum Armed Forces and the intelligence intelligence agencies acted upon infor- calls be equally charged against the community. For them and their fami- mation that was made available majority and the minority. lies, the last decade has been one of through various sources and using that The PRESIDING OFFICER. Without long separations, uncertainty, and dan- to be able to conduct this mission. objection, it is so ordered. ger. Yet time and time again they have Truly, bin Laden was brought to jus- f answered their Nation’s call with cour- tice as a result of President Obama’s age, with competence, and with skill. deliberative planning, coordination, HONORING THE MEMBERS OF THE Once again, they have earned our ut- and communication, his leadership, MILITARY AND INTELLIGENCE most gratitude. partnership, and dogged persistence. COMMUNITY WHO CARRIED OUT We should also commend the Presi- Because of that, we were able to ac- THE MISSION THAT KILLED dent for his courage and for his care in complish this mission. OSAMA BIN LADEN ordering a military mission to capture I wish to congratulate President The PRESIDING OFFICER. Under or kill Osama bin Laden. There was no Obama. He had to make a tough call. the previous order, the clerk will re- direct evidence that bin Laden was in The intelligence information was not port the resolution by title. the compound that the CIA had deter- conclusive. Much of it was circumstan- The legislative clerk read as follows: mined housed two al-Qaida couriers. tial. Yet he evaluated the best informa- A resolution (S. Res. 159) honoring the Instead, the evidence was circumstan- tion we had to determine that bin members of the military and intelligence tial, and there were differing views Laden was at this location. He then community who carried out the mission that within the intelligence community as had to make another tough choice, as killed Osama bin Laden, and for other pur- to the likelihood that bin Laden or per- to what type of mission to use—wheth- poses. haps some other high-value target was er to use a sophisticated bomb in order Mr. CARDIN. Mr. President, I suggest there. Moreover, the mission required to destroy the property, which would the absence of a quorum. the military helicopters to enter into have caused the loss of some innocent The PRESIDING OFFICER. The Pakistani airspace, to land in Paki- life, or whether to use a higher risk clerk will call the roll. stan’s sovereign territory, and for mission of sending our SEALs into The assistant bill clerk proceeded to Navy SEALs to use lethal force on a Pakistan. The President made the call the roll. compound in a city that was home to right call. He made the right decision, Mr. LEVIN. Mr. President, I ask two Pakistani armed regiments. The and I congratulate him on his leader- unanimous consent that the order for President courageously rejected the al- ship. the quorum call be rescinded. ternative options of launching a bomb- All Americans were affected by bin The PRESIDING OFFICER. Without ing mission or waiting until there was Laden’s evil actions. We all remember objection, it is so ordered. more evidence of bin Laden’s presence. that fateful day in September of 2001. I Mr. LEVIN. Mr. President, at 10 He rejected both of those alternatives. was on the other side of the Capitol as o’clock Sunday night, I was at the ter- With his bold decision and with the a Congressman in my office in the Ray- minal at the Detroit airport, and there heroism and skill of our military and burn Building. I remember receiving I had gone through the usual airport intelligence professionals, our Nation

VerDate Mar 15 2010 00:22 May 04, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.033 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2605 struck a tremendous blow not just great victory and I congratulate the though the intelligence community against a single depraved individual success of this operation.’’ could not assure him with certainty but against the hateful ideology he es- It is urgent that the Pakistani Gov- that bin Ladin was there. poused. Let there be no mistake, al- ernment get answers to the questions At the operational level, the hunt for Qaida is weaker today. Its leader is about what its military and intel- bin Laden and the read on his com- dead and so is the myth surrounding ligence agencies and local officials pound has shown the greatly improved him. knew and share the answers to those collaboration and cooperation across Osama bin Laden sent his followers questions with the world and with their the intelligence community and, of to hide in dark, dank mountain caves own people. course, the Department of Defense. and often to their own suicides, from Pakistan can be an important ally in The CIA has received and well de- the comfort of his million-dollar villa. the fight against terror. It has as served the lion’s share of the credit. His death has dealt al-Qaida a major much, if not more, at stake in that The agency collected the human intel- blow. The mystique of Osama bin fight as anybody. All the more impor- ligence and carried out other missions Laden has been punctured. tant, then, that we openly and honestly that found and characterized the The victory over hate-inspired ter- address the questions which have been Abbottabad compound, and CIA ana- rorism is not yet complete. Our suc- raised by the presence of terrorist No. lysts took the lead in analyzing and re- cessful mission against bin Laden will 1, public enemy No. 1, the world’s analyzing that information. no doubt lead to al-Qaida’s remaining enemy No. 1—the presence of that per- The CIA’s Counterterrorism Center leaders issuing calls for retaliation. It son in Pakistan in such a central place has a banner on the wall that reads, is critical our intelligence and military for all these years. It is important that ‘‘Today is September 12, 2001.’’ It has strength continue to seek out those those questions be honestly answered been nearly 10 years, but their perse- elements and franchises of al-Qaida so we can continue this fight together. verance and dedication has truly paid that remain in Afghanistan, Pakistan, I yield the floor and suggest the ab- off. the Arabian Peninsula, Africa, and sence of a quorum. I also want to recognize the efforts of other places, such as al-Qaida in the The PRESIDING OFFICER. The the National Security Agency which Arabian Peninsula in Yemen. The clerk will call the roll. provided signals intelligence and the threat may be diminished, but it re- The assistant bill clerk proceeded to National Geospatial Intelligence Agen- mains. call the roll. cy which conducted the imagery anal- Further, it is critical we ensure our Mr. LEVIN. Mr. President, I ask ysis on the compound. It was truly a military and intelligence communities unanimous consent that the order for team effort. continue to adapt to the threat of our the quorum call be rescinded. I also commend and give thanks to irregular and unconventional enemy. The PRESIDING OFFICER. Without the Joint Special Operations Com- The interagency cooperation that objection, it is so ordered. mand, or JSOC, the team that flew to helped make this mission a success is Mr. LEVIN. Mr. President, I ask the compound under cover of night and impressive, and it remains a potent unanimous consent that the time for conducted the raid. It was not a picture weapon in our effort to weaken the al- debate on the resolution that is pend- perfect operation, and changes to the Qaida network. ing be extended by 15 minutes, with the plan were necessary as the lead heli- This is an effort worthy not just of additional time being equally divided copter was forced to land unexpectedly. this Nation but of all nations. That is between the two leaders or their des- But the highly trained and skilled why it is important that we find an- ignees, with all other provisions under members of the Navy SEAL team ad- swers to the significant questions the previous order remaining in effect. justed, reached their target, and they raised by the news from Sunday night. The PRESIDING OFFICER. Without killed Osama bin Laden without taking Thirty-five miles from the Pakistani objection, it is so ordered. any casualties themselves. capital and a comfortable walk from Mr. LEVIN. With this agreement, the I was first briefed on the compound the Pakistani military’s most impor- vote will now occur around 3:45 p.m. and the possibility that it housed tant academy, in a town where the I suggest the absence of a quorum. Osama bin Laden in the beginning of Pakistani military and intelligence The PRESIDING OFFICER. The last December along with Senator Kit services own a large share of the prop- clerk will call the roll. Bond who was vice chairman of the In- erty, al-Qaida appears to have built a The assistant bill clerk proceeded to telligence Committee at that time. massive complex, ringed by walls as call the roll. Since then, the current vice chairman, high as 18 feet, protected by barbed Mrs. FEINSTEIN. Mr. President, I Senator SAXBY CHAMBLISS, and I have wire, as the dedicated hiding place for ask unanimous consent that the order been regularly briefed and updated on Osama bin Laden. It is difficult to be- for the quorum call be rescinded. the intelligence. lieve all this occurred without at least The PRESIDING OFFICER. Without I thank Director Panetta and his arousing the suspicions of Pakistan’s objection, it is so ordered. team for keeping the Intelligence Com- security forces or their local officials. Mrs. FEINSTEIN. Mr. President, I mittee leadership informed. As one who The American people, who have pro- rise in strong support of this resolution is regularly critical of our govern- vided billions of dollars of aid to the and offer my congratulations to the ment’s inability to keep secrets, it is Pakistani Government, deserve to men and women responsible for devel- very reassuring that this highly sen- know whether elements of Pakistan’s oping the intelligence and carrying out sitive and sensational intelligence was military and intelligence services or the operation that led to the death of kept under wraps for months. local officials knew of bin Laden’s loca- Osama bin Laden on Sunday, May 1. There is no doubt that Sunday’s oper- tion over the 5 years or so he was there This is perhaps the most important, ation gives rise to a number of ques- and if they did not know, how that and certainly the most stunning, intel- tions. Among the most important of could possibly be the case. Hopefully ligence operation I have seen in my 10 them are, one, what did Pakistan know just as important, the Pakistani people years on the Intelligence Committee. I about bin Laden’s presence and this deserve these answers, for they have wanted to congratulate, first and fore- compound in the up to 6 years he was suffered greatly from al-Qaida’s violent most, President Obama. As he stated in there? It has to be pointed out that extremism. Assassinations, bombings, his Sunday night address to the Na- this compound was eight times bigger death of civilian and military per- tion, he directed Leon Panetta shortly than any home in the vicinity. It was sonnel alike—all these losses show that after taking office to ‘‘make the kill- just a quarter of a mile away from an- al-Qaida and its hate-filled terrorism ing or capture of bin Ladin the top pri- other home. It was a mile away from a and its terrorist allies threaten Paki- ority of our war against al-Qaida.’’ major military academy. It had razor stan’s very existence. I believe some of When the effort to collect and ana- wire on the top of very large walls, and Pakistan’s leaders know this to be lyze intelligence on this compound in it was very large in itself. Trash was true, and I was heartened by the reac- Abbottabad bore fruit, President not picked up, it was burned. No one tion of Prime Minister Gilani to bin Obama made a courageous and very really came in and out except the two Laden’s death. He said, ‘‘I think it’s a gutsy decision to order the strike, even couriers who went about delivering

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.033 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2606 CONGRESSIONAL RECORD — SENATE May 3, 2011 messages from a distance from the The PRESIDING OFFICER. The Sen- has been a lot of debate in this country compound. ator from Georgia is recognized. about our detention and interrogation It should have been an issue of curi- Mr. CHAMBLISS. Mr. President, let policy, but this is probably one of the osity, and neighbors surely would have me just say that California wine being clearest examples of the extraordinary been interested in who lived there. Why a favorite of mine, I am available any value of the information we have been is it so big? What is going on there? time. Thanks for those kind comments. able to gather from the CIA’s detention But there was virtually no reaction. Let me just say to my good friend and interrogation program. If we had The second point is, what does bin from California what a pleasure it has not had access to this information, Laden’s death mean for al-Qaida and been to work with her. The Intelligence Osama bin Laden would likely still be for the affiliate groups and lone wolves Committee has always been a very bi- operating undetected today. It is be- he has inspired and led? As the chair- partisan committee, and nobody exhib- cause of the information gained from man of the Intelligence Committee, I its that more so than our current these detainees, pursued and analyzed will be looking for answers to those chairman, DIANNE FEINSTEIN. She is over the years by the intelligence com- questions and get more of the details of tough when she needs to be tough, and munity, that led us to bin Laden’s the operation itself. Tomorrow morn- she is fair at all times. compound. It is almost unimaginable ing, in a joint classified hearing with She and I have a unique relationship that he was located not in a cave in a the Armed Services Committee, we will in contrast to the other committees in Pakistani no man’s land, but in a city be looking into these and other issues. the Senate in that we jointly hire all of just miles outside of Islamabad with a But this resolution is about com- our staff, and she has been extremely large Pakistani Government and mili- mending the men and women of our in- cooperative to me in the hiring proc- tary presence. telligence community and the U.S. ess. Again, she has just been a pleasure military for their dedication and years to work with. I have to say that This is an amazing achievement and of work that led to 40 minutes of in- DIANNE and I have been on the com- one that will be remembered for dec- credible success. It should also recog- mittee together for several years, and I ades, but we must remember that al- nize the fact that since 9/11, intel- am very proud of the work our com- Qaida is a diffuse and decentralized ligence has been streamlined, stove mittee has done and our relationship network that continues to threaten pipes have been taken down, and ana- with the intelligence community. Americans both at home and abroad. A lysts have greatly improved in their One of the big reasons we have the number of dangerous leaders associated trade craft. successes that we had on Sunday in the with al-Qaida, including Ayman al- As a matter of fact, the intelligence takedown of bin Laden is because of Zawahiri and Anwar al-Aulaqi, are still having to do with this one facility was the oversight that DIANNE and others out there, no doubt plotting their next red-teamed once, red-teamed twice, have carried out on the Intelligence attack as we speak. and red-teamed at least a third time. Committee and because of our relation- We also face a growing number of The red-teaming process gives the abil- ship with the community. threats from other radical organiza- ity of our analysts to debunk the intel- It is not a combative relationship. tions and individuals, including home- ligence, to try to indicate what might We have the Director of the CIA, the grown terrorists and extremists. Al- be a lapse, an ‘‘inconclusion,’’ a false heads of NSA, the DNI, and others on a though bin Laden’s death is an enor- judgment. It is a very valuable process. regular basis both formally and infor- mous blow to al-Qaida, we must make This resolution also recognizes the mally. All of that is done under sure we remain vigilant in all our ef- measure of justice now delivered to DIANNE’s leadership. forts to defeat terrorism and never lose those who mourn and remember the Those are the times when we found sight of our objectives, which is not the thousands of men, women, and children out the needs of the intelligence com- death of one man, but the dismantling claimed as victims on 9/11 and in the munity. Had they not exhibited that of all terrorist networks that seek to other attacks carried out by al-Qaida and had the Senator not provided the do us harm. under Osama bin Laden both here and right kind of leadership, they would not have had all of the tools necessary In closing, I want to again thank our around the world. intelligence professionals and military This will not end terror as we know to carry out this very important and personnel for their service and dedica- it today, but it surely is a monumental very sophisticated mission. So thanks tion. I also want to remind everyone step to be able to put an end to the for your great work. Thanks for your that while this is our greatest success man who championed the cause, the friendship. I look forward to that glass to date in our efforts to combat al- man who provided the inspiration, the of California wine. Qaida, we still have a lot of work to do man who raised the money, and the I rise today in support of the resolu- and cannot rest until all of that work man who was purely and simply the tion with respect to the takedown of is done. major leader. Osama bin Laden and also to praise the Osama bin Laden is no more, and the men and women of our intelligence and Mr. President, I yield the floor. time is upon us. I hope the world will our military communities with regard The PRESIDING OFFICER (Mr. be listening to try to consider a better to Sunday’s successful operation. We FRANKEN). The Senator from Arizona. path, to move away from acts of terror, have been pursuing the world’s most Mr. MCCAIN. Mr. President, I rise to infamous terrorist for over a decade, move away from the killing of inno- speak in support of S. Res. 159, hon- but it was ultimately the hard work cent men, women and children, and be- oring the members of the military and and tireless dedication of these profes- come part of the councils of govern- intelligence community who carried sional men and women that led to this ment, whatever they may be, across out the mission that killed Osama bin significant achievement. the world, to debate, to discuss, to Laden. I am as happy to rise today as vote, and to put forward principled I am always proud of our military and intelligence men and women, but at any time in the past 10 years—and it policies. has been for the last 10 years that I I very much appreciate the efforts of most especially today I am truly proud have eagerly awaited the moment when the majority leader and the Republican of their great work. my colleagues and I could take to this leader in bringing this resolution to As we approach the 10-year anniver- floor and celebrate the news we got the floor, and I urge its adoption. sary of September 11, I am thankful I notice my distinguished vice chair- that the families and loved ones of the this Sunday: that we got Osama bin man on the Senate floor. I particularly victims of 9/11, as well as all Ameri- Laden. Justice has been done. The want to thank him, Senator cans, can have some closure. The lead- world has become a better place now that bin Laden is no longer in it. CHAMBLISS, for all of the cooperation er of al-Qaida and murderer of thou- we have been able to effect together. sands of Americans and allies can This is a time for national unity and You truly have been wonderful. It never again sponsor a terrorist attack. celebration. It is a time to finally close has been a great joy for me to work It is also important to point out that a painful chapter in the history of our with you, and I only wish I could give this operation was made possible by in- Nation, even as our larger fight con- you a glass of California wine to salute formation provided by enemy combat- tinues. And, most of all, it is a time to this very special day. ants that had been detained and inter- give thanks and recognition to a dis- I yield the floor. rogated by the United States. There tinguished group of our fellow citizens

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.035 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2607 who will forever occupy an honored ficials who labored with him for 8 years Mr. President, I suggest the absence place in our history. to do what has now been done. I know of a quorum. I want to echo my colleagues in offer- it is one of President Bush’s regrets The PRESIDING OFFICER. The ing my humble thanks to the brave that he could not eliminate bin Laden clerk will call the roll. men who carried out the daring oper- on his watch, but he and his team The assistant legislative clerk pro- ation, as well as to the men and women should take solace in the knowledge ceeded to call the roll. in uniform who enabled their success. I that they laid the foundation for Sun- Mr. MANCHIN. Mr. President, I ask have been involved in national security day’s operation, and they deserve cred- unanimous consent that the order for my entire life, and I am hard pressed to it for that. the quorum call be rescinded. come up with another military oper- Finally, I want to say a word to the The PRESIDING OFFICER. Without ation that demonstrated such sophis- many American families for whom this objection, it is so ordered. tication, such professionalism, such celebration is bittersweet because it Mr. MANCHIN. Mr. President, Osama precise and lethal effectiveness to ac- recalls memories of the mothers and bin Laden’s death is a historic and just complish such a momentous and con- fathers, spouses and siblings, sons and victory for this Nation. While this is a profound victory in sequential objective. I am truly in awe daughters, who were stolen from them, the war on terror, our thoughts must of what these young men have accom- and from us all—not just in the Sep- tember 11 attacks but in the many acts go to the thousands of innocent men plished, and I thank God that our Na- and women who lost family members tion continues to produce heroic war- of mass murder for which Osama bin Laden was guilty. No act of man can and whose lives were forever changed riors such as them who are willing to by the tragedy of September 11. give everything, to sacrifice every- fill the aching emptiness of a loved one lost. For that there is only the grace of The families of those lost and our Na- thing, to devote their lives not to the tion as a whole can take great pride quest for wealth or fame but to the God. But it is my sincerest hope that the elimination of Osama bin Laden— that our brave servicemembers and in- service of a just and noble cause that is this act of justice done—will help to telligence community successfully car- greater than their self-interests. We do ease the pain and bring closure to what ried out this mission. I could not be not yet know their names, but we has surely been a decade of torment, as more proud of the outstanding men and honor their achievements and we cele- we were daily reminded that the women of our military who put their brate their heroism. They have made world’s most wanted terrorist was still lives on the line daily to defend this history and earned their place in it. free. Nation. I want to offer the same praise for I also want to credit the families of Each and every one of us has a deeply our intelligence professionals. It is a the victims of September 11, 2001. Had personal connection to the tragic truism that intelligence fails in public it not been for their relentless efforts events of September 11. At the time, I and succeeds in private. So it is a great and advocacy, Congress would not have was West Virginia’s secretary of state. day indeed when we can celebrate such established the 9/11 Commission and I remember staff coming into my of- a public success of our intelligence pro- adopted many of its important reforms fice, and they said: Did you see what is fessionals. There are men and women of our national security establish- going on? That is all they had to say, across our intelligence community who ment—reforms that no doubt were in- and that is all they did say. have devoted the past 10 years, and strumental in facilitating the joint and So many Americans have similar sto- many more before that, to finding bin collaborative operation to find and kill ries. We watched in horror on live tele- Laden. Despite setbacks and sacrifice, Osama bin Laden. I could not imagine vision as the second plane hit the despite the loss of leads and the death a greater contribution that the 9/11 World Trade Center and I knew some- of friends, regardless of whether the families could have made. thing we could never anticipate and trail was hot or cold, they woke up Of course, the death of Osama bin imagine had just happened to our great every day and carried on the fight. And Laden does not portend the elimination country. We didn’t know how our lives now we honor the fruits of their perse- of al-Qaida or the end of terrorist plots would change, but we knew they would. verance and sacrifice, even as they and attacks against our country. We In West Virginia, similar to States themselves remain hard at work—ex- must remain vigilant in our pursuit of all over the country, we are still ploiting the new information we have every enemy who would do harm to us mourning those we lost: a former WVU recovered, analyzing the new data, and and our friends and allies. And we shall quarterback and a WVU economics setting up the next operation. do so. But there is no denying that the graduate who were both killed in the I also want to offer my deepest con- death of Osama bin Laden will have a World Trade Center’s North Tower, a gratulations and appreciation to the significant impact in this long war. It Parkersburg High School graduate, a President and his national security will enable us to focus more of our young lady who perished in the South team. I credit them with making the time and attention and resources on Tower, and a Marshall University med- elimination of Osama bin Laden their others who would do us harm. Perhaps ical school graduate, a doctor who top priority—and for accomplishing it more importantly, it will enable our practiced, was killed when the airliner so impressively. Regardless of the myr- country to look more fully forward—to he was on crashed into the Pentagon. iad groups and parties and factions focus more completely on supporting Our thoughts and prayers will always into which we Americans divide our- the peaceful democratic awakenings be with them and their families. selves on a daily basis, the killing of that are sweeping the Middle East and Just like our world changed that ter- Osama bin Laden is a national triumph North Africa, which are the greatest rible day, it has changed yet again and all Americans should feel proud repudiation of al-Qaida that we ever with the killing of Osama bin Laden. It and appreciative of the leadership could have imagined or hoped for. means something different to each of shown by President Obama and his If there is any consolation in the fact us. Osama bin Laden’s death cannot team on this matter. that Osama bin Laden lived as long as bring back the thousands of lives that I specifically want to credit the he did, it is that he got to witness were lost that fateful day or the ones President with ordering an airborne as- Arabs and Muslims by the tens of mil- who have been lost at the hands of al- sault by ground forces rather than aer- lions rising up to demand justice and Qaida since. It cannot repair the an- ial bombardment. It would have been a dignity, not through suicide bombings guish so many have suffered as a result lot easier to simply turn bin Laden’s and mass murder, but through peaceful of the evil and hatred Osama bin Laden compound into a smoldering crater, change, political freedom, and eco- espoused. but it would have denied us the cer- nomic opportunity—the very ideas that But it is justice, and I hope this Na- tainty we now have that bin Laden is bin Laden’s perverse and murderous tion and the families of those who were dead. It took real courage to assume ideology seeks to destroy. That could lost on September 11 can take solace in the many risks associated with putting be the truest death knell of al-Qaida, that fact. boots on the ground, and I strongly and I for one am very happy that Let me also say I am so proud of the commend the President for it. Osama bin Laden got to hear it—just resolve, the strength, and the fortitude I would be remiss if I did not also before a team of American heroes this Nation showed in pursuing the thank President Bush and the many of- ended his wretched life. mission to its end.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.037 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2608 CONGRESSIONAL RECORD — SENATE May 3, 2011 With the killing of Osama bin Laden, Some might think the success of this drive, the documents. The information the United States sent a message loud- raid means the end of the war on ter- he had surrounding him will tell us a ly and clearly: acts of terrorism ror. But as the President has said, the lot about his contacts, and who knows against this Nation will not go death of Osama bin Laden does not what it might tell us about the net- unpunished. If you seek to do harm to mean the death of al-Qaida. Our intel- work of al-Qaida. The President could this country or if you plan to hurt the ligence community and armed services have made a decision to bomb the com- people of our great Nation, we will find must keep up the pressure on al-Qaida pound. I guess we would be sifting you and, I assure you, justice will be and associated terror networks. through the ashes today to see if served. Osama bin Laden launched this war Osama bin Laden was there. We might While this success belongs to all of on the false assumption that America have been able to confirm that, but we us, I especially thank the teams of peo- didn’t have the stomach for the fight. would not have been able to confirm all ple who united to accomplish this most On Sunday night, he learned how the information the SEAL team was important goal. President Obama and wrong he was. able to take with them. These are two his advisers completed the mission, and This week, America showed the world important decisions made by the Presi- I congratulate him for that. He was the we meant it when we said we would not dent. I think the decision to bury one who made the difficult decision to rest until justice was done to those Osama bin Laden in an unknown spot order this mission, and he made the who carried out the 9/11 attacks. but with the kind of respect his own re- right call. A generation of patriots has pursued ligion required was also another good Immense credit must also be given to al-Qaida for more than a decade, driven decision. I want to be supportive of the all the people in the intelligence com- by the idea that every day is Sep- President and the decisions made. munity who have worked tirelessly to tember 12, 2001. That spirit must per- There are times when a Predator track down the world’s most wanted sist. missile is the right thing to use and terrorist. I also congratulate Presi- Once again, I commend the President times when it is not. One of the things dents Clinton and Bush and the com- on his decision to go through with this we see from the death of bin Laden is mitment their teams showed in fight- mission. Above all, I thank the re- that there is value to capturing our en- ing the war on terror. markable group of men who carried it emies and getting information from Finally, I hope we sustain the spirit out. them. That thread of information that of unity we all feel at this moment to Not to be forgotten are the thousands began maybe as long as 9 years ago fi- put politics aside and remind Ameri- of uniformed Americans in Afghani- nally was able to unravel in a way that cans that as a great nation, we become stan, Iraq, and across the globe, defend- made the connection that needed to be greater when we unite behind a com- ing America’s interests as we consider made so that Osama bin Laden could be mon purpose. this resolution today. found, so that justice could be done, so For these reasons, I strongly support The resolution reaffirms the Senate’s that the price would be paid by him, as S. Res. 159. May God continue to bless commitment to eliminating safe ha- it has been paid by so many others in the United States of America. vens for terrorists in Afghanistan and defense of freedom. I yield the floor and suggest the ab- Pakistan, and we are reminded of the Certainly, there are questions today sence of a quorum. difficult work that remains. But today, about Pakistan, but there is no ques- The PRESIDING OFFICER. The those who remember the horror of 9/11 tion that Pakistanis have died fighting clerk will call the roll. take a certain satisfaction knowing alongside Americans in the last decade. The assistant editor of the Daily Di- that the last thing Osama bin Laden There is no question that Pakistanis gest proceeded to call the roll. saw in this world was a small team of have been the victim of terrorism. Mr. MCCONNELL. Mr. President, I Americans who shot him dead. The Hopefully, this will be a moment that ask unanimous consent that the order brave team who killed bin Laden made brings all of those who should want for the quorum call be rescinded. freedom to the same side. The PRESIDING OFFICER. Without their Nation proud, and they deserve I just returned from a quick visit to objection, it is so ordered. the Senate’s recognition and its praise. Egypt, which could very well be on the Mr. MCCONNELL. Mr. President, I Mr. President, I yield the floor. right path in the Middle East, a path think most Americans are proud that The PRESIDING OFFICER. The Sen- where, without violence, people stand the man who orchestrated the 9/11 at- ator from Missouri. and want more freedom, they want de- tacks and then reveled in the horror of Mr. BLUNT. Mr. President, I stand, mocracy. That is not the goal of the that day is dead. as every Member of this Senate does Today, we recognize the dedicated today, I am sure, in support of not only extremists of Islam, for whom Osama work of the many intelligence profes- this resolution but everything this res- bin Laden became the great symbol. We do not believe Osama bin Laden sionals, law enforcement officials, and olution stands for. has been in operational control of al- the many men and women in our armed The elimination of Osama bin Laden Qaida for some time. It would be won- services who brought us to this day. as a symbol of murder, of tyranny, of The pursuit of Osama bin Laden repression is an important moment. It derful if we find out in the next few spanned more than a decade. Following is a moment that came 10 years after it days that he was and the terror of al- the attacks of September 11, the Sen- should have. If we could have found Qaida would be eliminated. I do not ate voted 98 to 0 to authorize the use of Osama bin Laden 10 years ago when we think we will find that out. But we do force against al-Qaida—an authoriza- were looking for him, 9/11 might not know he was a symbol in a way that is tion that is still in force today. have occurred. But it did occur. unique, in the way he symbolizes this At the time, President Bush enjoyed The message for him and the message wrong view of the future, the way he the support of a nation united behind for others is you cannot hide from the symbolizes the wrong view of the re- the decision to pursue al-Qaida and to forces of freedom and democracy. This quirement that everybody living to- drive the Taliban from power. was a moment when the forces of free- gether be exactly the same. We, unlike We should be equally united today in dom and democracy triumphed over any other country in the world, defy honoring those brave Americans who the forces of repression. This was a mo- that view of the future. We have proven are committed to preventing further ment when the symbol of one view of like no other country has ever proven attacks upon our homeland. the future was eliminated with the that people can live together in great While bin Laden and his followers kind of violence he himself had per- diversity, that people can live together were building their terror networks, we petrated on so many others. with different points of view, and we were patiently and diligently building The President made a great decision can live in a society that still flour- our intelligence capabilities. to send this team of the best of the ishes. Of course, we are the enemy of a Following the successful raid on Sun- best into this compound to find Osama world view that that is not possible. It day, those who remain committed to bin Laden, to know for sure face to face is not because of anything we have al-Qaida and associated terrorist that he was either going to be captured done to the extremists in the world groups should know that one day they by Americans or, in this case, killed by community; it is because of who we too will share bin Laden’s fate. Americans, to be able to take the hard are.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.038 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2609 Yesterday, the message of who we are little more than a day and a half ago. The PRESIDING OFFICER. Is there a was registered again in a powerful way Mr. President, 91⁄2 years after the worst sufficient second? There is a sufficient as we all over this country and people morning in our memory, we woke up second. all over the world talked about what yesterday morning to a world without The question is on agreeing to the happened the evening before, certainly Osama bin Laden and with a palpable resolution. not only the SEALs who went into the sense of justice. The clerk will call the roll. compound to see that justice was done Our military and intelligence The assistant legislative clerk called but also all of those who are willing to operatives are the best in the world at the roll. serve, those who could have been what they do. As they set out to kill or Mr. DURBIN. I announce that the among the elite who went in or all capture our most valuable target, they Senator from Hawaii (Mr. AKAKA) is those who have served, the over 4,000 captivated us with their skill and ex- necessarily absent. Americans, including many Missou- pertise, their patriotism, and their pro- Mr. KYL. The following Senators are rians, whose lives have been lost in the fessionalism. necessarily absent: the Senator from last decade, in addition to the 3,000 A flood of thoughts and emotions and Illinois (Mr. KIRK) and the Senator lives that were brutally taken by the analyses have been shared over the from Nevada (Mr. ENSIGN). operatives of al-Qaida and Osama bin past 36 hours by many. As I said from The PRESIDING OFFICER. Are there Laden on September 11, 2001. this desk yesterday, the end of his life any other Senators in the Chamber de- This resolution that recognizes the is not the end of this fight. It is a vic- siring to vote? courage to bring justice, that recog- tory, but it is not ‘‘the victory.’’ The result was announced—yeas 97, nizes the evil that was done by Osama A lot has already been said about nays 0, as follows: bin Laden and his followers, that rec- what bin Laden’s death means. So be- [Rollcall Vote No. 63 Leg.] ognizes the importance of freedom and fore we vote on this resolution, let me YEAS—97 democracy in a society is a resolution speak briefly about the American men Alexander Gillibrand Murkowski and women who carried out this crit- Ayotte Graham I am proud to support. I am proud of Murray ical successful mission—a mission that Barrasso Grassley Nelson (NE) what the men and women did for us in was historically significant and Baucus Hagan Nelson (FL) executing this well-planned mission, Begich Harkin tactically stunning. Paul but also of everybody who serves every Bennet Hatch Portman Osama bin Laden was the most want- Bingaman Hoeven day, for all the families who have a Pryor ed and most hunted man in the entire Blumenthal Hutchison Reed missing place in their hearts, for some- Blunt Inhofe world. His was the face of our enemy Reid Boozman Inouye one whose life was lost serving this Risch and the face of evil. There were few Boxer Isakson country, for all the families who live Roberts faces more recognizable to the Amer- Brown (MA) Johanns with someone with a disability because Brown (OH) Johnson (SD) Rockefeller ican people and to the citizens of the Rubio of the kind of war we are in now. world. Those who carried out the or- Burr Johnson (WI) I am pleased to stand here rep- Cantwell Kerry Sanders ders of the Commander in Chief this Cardin Klobuchar Schumer resenting my State but hopefully rep- weekend could not be more different. Carper Kohl Sessions resenting, as all of us do, the forces of The world doesn’t know their names. Casey Kyl Shaheen Chambliss Landrieu Shelby freedom and democracy that will ulti- We wouldn’t recognize them if we mately triumph over the forces of re- Coats Lautenberg Snowe passed them on the street today. That Coburn Leahy Stabenow pression and murder and chaos that is exactly how they would want it. Cochran Lee Tester one-world view would try to perpet- This is the newest proud page in a Collins Levin Thune Conrad Lieberman uate. We recognize today another step long story of the American hero—the Toomey against that view of the world. Coons Lugar Udall (CO) unknown soldiers, the unsung saviors Corker Manchin Udall (NM) I yield the floor, and I suggest the ab- Cornyn who sacrifice for our country’s flag and McCain Vitter Crapo McCaskill sence of a quorum. our country’s freedom. They do not ask Warner DeMint McConnell The PRESIDING OFFICER. The Webb for recognition, and they do not ask Durbin Menendez clerk will call the roll. questions. They just answer the Nation Enzi Merkley Whitehouse The assistant Daily Digest editor Feinstein Mikulski Wicker when it calls. Wyden proceeded to call the roll. Today the Senate stands in awe of Franken Moran Mr. REID. Mr. President, I ask unan- the countless men and women who NOT VOTING—3 imous consent that the order for the have toiled in obscurity, in the field Akaka Ensign Kirk quorum call be rescinded. and in every corner of the world; pro- The PRESIDING OFFICER. Without The resolution (S. Res. 159) was fessionals who gather one small shred agreed to, as follows: objection, it is so ordered. of evidence here and another clue there S. RES. 159 Mr. REID. Mr. President, those and pursue another lead somewhere watching around the world may not be else; the men and women who, over the Whereas, on May 1, 2011, United States per- sonnel killed terrorist leader Osama bin able to see on their screens the scene in course of 10 long years, pieced together the Senate today. We have all come to Laden during the course of a targeted strike the most meaningful of puzzles so that against his secret compound in Abbottabad, the floor in a way we rarely do. We a few dozen of their fellow heroes could Pakistan; have come this afternoon to express execute an operation the world will Whereas Osama bin Laden was the leader with one voice our endless respect and never forget. of the al Qaeda terrorist organization, the admiration for the men and women of These heroes confronted fear with most significant terrorism threat to the our military and our intelligence orga- brilliance and bravery. They met the United States and the international commu- nizations. worst of humanity with the best of nity; ‘‘Resolution’’ is an appropriate name America. The terrorists who carried Whereas Osama bin Laden was the archi- for this legislation that is now before tect of terrorist attacks which killed nearly out the 9/11 attacks did so with cow- 3,000 civilians on September 11, 2001, the this body. It honors the resolution to a ardice. The Americans who carried out most deadly terrorist attack against our Na- problem that has lingered for nearly a this mission did so with unfailing cour- tion, in which al Qaeda terrorists hijacked decade, one whose weight has grown age. four airplanes and crashed them into the heavier each day on the shoulders of No one has asked how these men and World Trade Center in New York City, the the families whose lives were trauma- women vote or what their politics are. Pentagon in Washington, D.C., and, due to tized and the many more bin Laden So we have come to the floor today to heroic efforts by civilian passengers to dis- terrorized. It honors the resolve with vote together on this resolution not as rupt the terrorists, near Shanksville, Penn- which our bravest stared down danger. two parties, not even as 100 Senators, sylvania; The world is still absorbing Amer- Whereas Osama bin Laden planned or sup- but as one body representing one grate- ported numerous other deadly terrorist at- ica’s astounding accomplishment—the ful country. tacks against the United States and its al- mission to bring Osama bin Laden to Mr. President, on this resolution, lies, including the 1998 bombings of United justice, one that began more than 91⁄2 Senator MCCONNELL and I ask for the States embassies in Kenya and Tanzania and years ago and was accomplished just a yeas and nays. the 2000 attack on the U.S.S. Cole in Yemen,

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.040 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2610 CONGRESSIONAL RECORD — SENATE May 3, 2011 and against innocent civilians in countries sider are considered made and laid found him to be among the best attor- around the world, including the 2004 attack upon the table. neys of the State, a pillar of our com- on commuter trains in Madrid, Spain and the f munity, one of the most generous phi- 2005 bombings of the mass transit system in lanthropists in our State—and in most London, England; MORNING BUSINESS Whereas, following the September 11, 2001, cases anonymously—and in many cases terrorist attacks, the United States, under The PRESIDING OFFICER. The Sen- not simply writing a check but stand- President George W. Bush, led an inter- ate will proceed to a period of morning ing in a soup line early in the morning national coalition into Afghanistan to dis- business, with Senators permitted to handing out food to people who need it, mantle al Qaeda, deny them a safe haven in speak for up to 10 minutes each. without acclaim, without fanfare. This Afghanistan and ungoverned areas along the The Senator from Illinois. is the character of the individual, and Pakistani border, and bring Osama bin Mr. DURBIN. I suggest the absence of character, I think, ultimately is the Laden to justice; a quorum. test of a judge. He has a true desire to Whereas President Barack Obama in 2009 The PRESIDING OFFICER. The committed additional forces and resources to serve this country. efforts in Afghanistan and Pakistan as ‘‘the clerk will call the roll. Indeed, Mr. McConnell has practiced central front in our enduring struggle The assistant legislative clerk pro- law for decades. He has never been sub- against terrorism and extremism’’; ceeded to call the roll. ject to an ethics claim, a malpractice Whereas the valiant members of the United Mr. REED. Madam President, I ask claim, a rule 11 motion, and most im- States Armed Forces have courageously and unanimous consent the order for the portantly he has never had a motion vigorously pursued al Qaeda and its affiliates quorum call be rescinded. for sanctions filed against him con- in Afghanistan and around the world; The ACTING PRESIDENT pro tem- cerning his conduct in any litigation in Whereas the anonymous, unsung heroes of pore. Without objection, it is so or- the intelligence community have pursued al which he has been involved. He has a Qaeda and affiliates in Afghanistan, Paki- dered. spotless record. stan, and around the world with tremendous f Moreover, we selected Mr. McConnell because we knew, based upon all of his dedication, sacrifice, and professionalism; NOMINATION OF JOHN J. Whereas the close collaboration between personal background, his sworn testi- MCCONNELL the Armed Forces and the intelligence com- mony, that he will follow the prece- munity prompted the Director of National Mr. REED. Madam President, I rise dents of the law and of the First Cir- Intelligence, General James Clapper, to today in support of the nomination of cuit Court of Appeals and of the United state, ‘‘Never have I seen a more remarkable John ‘‘Jack’’ McConnell to serve as a States Supreme Court. This is not example of focused integration, seamless col- district court judge in the State of something we take lightly and it is not laboration, and sheer professional magnifi- Rhode Island. We have heard and we cence as was demonstrated by the Intel- something Mr. McConnell takes light- ligence Community in the ultimate demise will hear a number of very strong ly. We know and he knows that when of Osama bin Laden.’’; statements about this nomination. I you step upon the bench you assume Whereas, while the death of Osama bin would argue very vociferously that huge responsibilities. You have to not Laden represents a significant blow to the al many assertions that have been made only appear to be impartial, you have Qaeda organization and its affiliates and to are inaccurate at best and they are not to in every word and deed go the extra terrorist organizations around the world, shared by the legal and business com- mile to demonstrate that impartiality, terrorism remains a critical threat to United munity in Rhode Island. In fact, Jack that you are not favoring anyone. He is States national security; and McConnell is supported publicly and Whereas President Obama said, ‘‘For over prepared to do that. In fact, I think two decades, bin Laden has been al Qaeda’s enthusiastically by the two former Re- that is part and parcel of the nature of leader and symbol, and has continued to plot publican attorneys general of Rhode Is- this gentleman. attacks against our country and our friends land, Arlene Violet and Jeffrey Pine. Now, we have to stop here and ask and allies. The death of bin Laden marks the He is not opposed by the Greater Provi- ourselves collectively, do we want to most significant achievement to date in our dence Chamber of Commerce, which go ahead and take this step of cloture Nation’s effort to defeat al Qaeda.’’: Now, knows him and has worked with him. for district court nominees? Do we therefore, be it He is supported by our legal commu- Resolved, That the Senate— really want to add another front in the (1) declares that the death of Osama bin nity and our business community. He battle of partisan political ‘‘gotcha’’? Laden represents a measure of justice and re- has received the strong endorsement of Do they really want to cast aside, for lief for the families and friends of the nearly our leading newspaper, the Providence example, the blue slip process which al- 3,000 men and women who lost their lives on Journal, which has a record of modera- lows Senators from a home State, par- September 11, 2001, the men and women in tion, indeed if not conservatism, in ticularly with a district judge, to say the United States and around the world who terms of their judgments about judicial yea or nay? It is a process that has have been killed by other al Qaeda-sponsored candidates and some issues, but cer- been in the Senate, in the informal cul- attacks, the men and women of the United tainly moderation. States Armed Forces and the intelligence ture of the Senate for years and years. community who have sacrificed their lives Later, Senator WHITEHOUSE and I will Do they want to deny a nominee who pursuing Osama bin Laden and al Qaeda; respond specifically about the asser- has been reported out of committee on (2) commends the men and women of the tions and concerns, but I think it is a bipartisan vote three times, not once, United States Armed Forces and the United time at this juncture to make a few an up-or-down vote? I heard and I have States intelligence community for the tre- brief points about where we are at this heard for years—particularly under mendous commitment, perseverance, profes- Senate. We are at a point where we President Bush—many people coming sionalism, and sacrifice they displayed in might be crossing a bridge from which to this floor and claiming everyone bringing Osama bin Laden to justice; we cannot return; that, unlike our pre- (3) commends the men and women of the who is nominated and comes out of United States Armed Forces and the United vious history, district judges will be committee deserves an up-or-down States intelligence community for commit- subject routinely to cloture motions vote, particularly a district court ting themselves to defeating, disrupting, and because one faction or another decides, nominee, especially a district court dismantling al Qaeda; not on the merits but procedurally, nominee. So this is where we are (4) commends the President for ordering they should not go forward. poised—to reject all of them, to enter a the successful operations to locate and Let me make a few points. Senator new dimension of controversy and con- eliminate Osama bin Laden; and WHITEHOUSE and I recommended Mr. flict in the Senate. (5) reaffirms its commitment to disrupting, McConnell to the President after pub- We have a long history in the Senate dismantling, and defeating al Qaeda and af- filiated organizations around the world that licly seeking applicants, talking to at- of precedents and tradition when it threaten United States national security, torneys throughout our State, inter- comes to nominations, particularly eliminating a safe haven for terrorists in Af- viewing almost every single applicant. district court nominations. In my ghanistan and Pakistan, and bringing terror- We took this decision seriously, as you State, my predecessors, men such as ists to justice. would expect. We know it is a reflec- John Chafee and Claiborne Pell and The PRESIDING OFFICER. Under tion both upon ourselves and upon our Lincoln Chafee and John Pastore, the previous order, the preamble is State. From this pool of applicants we clearly adhered to those standards. agreed to and the motions to recon- selected Mr. McConnell because we And we have a record—a strong record

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.004 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2611 of judges in our State, and they have communities, to make recommenda- to a final passage vote, as we do with 99 come from different backgrounds. They tions to serve on the district court. out of 100 district court nominees. have come from the practice of cor- Let me point out how extraordinarily But this is a serious issue. I fear we porate law. They have come from being unusual the vote tomorrow will be. are on the precipice of taking a step a former Federal attorney. They have From our reference, talking to the that will come back repeatedly to come from being a significant and prin- Congressional Research Service and haunt us and undercut a custom and a cipal attorney for a major insurance the Senate Library, as far as we can tradition and a sense of this Senate company. They have come from a vast consider, there have been only three which is necessary to maintain, not to array of legal backgrounds and profes- cloture votes on Senate nominees for abandon. sions. One thing they have had in com- district courts in the history of the I yield the floor. mon, and which is shared by Jack Senate—three times. Tomorrow will be The ACTING PRESIDENT pro tem- McConnell, is integrity and commit- the fourth. Oh, by the way, all three of pore. The Senator from Rhode Island. ment to the law. And that we insist those individuals ultimately received Mr. WHITEHOUSE. Madam Presi- upon. confirmation. It appears from our re- dent, I know I am in Senator We have long recognized that these construction that they were caught up LANDRIEU’s time. I appreciate my district judges serve a critical role, and in a procedural discussion of who friend’s willingness to allow me just a I think we all recognize, too, here as should go first; this person should not moment to associate myself with the Senators that this is a special role of go first until others had been consid- eloquent and thoughtful remarks of my the home State Senator. We under- ered. All three, after the procedural senior Senator and to urge all of my stand that at the circuit level, when votes on cloture, were confirmed. colleagues, before we steer this body judges have to consider issues of con- But it is quite clear that at least on off the precipice to which he referred, stitutionality, where major policies the part of some, this cloture vote to- to give his words their very careful and issues could be resolved—in fact, fi- morrow is designed to stop and end the objective consideration. nally resolved, at least for that cir- confirmation of Mr. McConnell. That I thank the distinguished Senator cuit—we understand there is another would be a first as far as we know in from Louisiana. added dimension. But with district our reconstruction of the history of the I yield the floor. courts, we have traditionally recog- Senate. The ACTING PRESIDENT pro tem- nized the judgment of not only the So we are facing this question, the pore. The Senator from Louisiana. local Senators but the judgment of the question of whether we want to estab- f local legal community. And once lish this precedent, whether we want to SBIR/STTR again, here, both the legal community disregard the record of this individual, in Rhode Island and, I cannot emphasis who is a man of integrity and honor, Ms. LANDRIEU. Madam President, I enough, two former Republican Attor- who is strongly supported by our local would like to speak for the next few neys General, who know him well, who business community, who is strongly minutes as in morning business about have observed him closely, have come supported by Republican officeholders the subject that has been before the forward of their own volition and en- as well as Democratic officeholders, Senate now for 5 weeks. In some ways, thusiastically supported his candidacy. who has gained the trust and the re- it is unprecedented that a bill of only They know him as a lawyer. They spect of those who know him best, and 100 pages would actually take up 5 know him as a man of integrity and who will serve with distinction and in- weeks of the Senate’s time. And you honor and decency. tegrity on the District Court for the know as a member of the Small Busi- There are a number of my colleagues District of Rhode Island. ness Committee, Madam President, on the other side who recognize this, That is the big issue we face tomor- how important, although only 100 and they have been very forthright in row. Later, we will come down and we pages and although only in the law making the point about the precipice will respond to those issues of specific since 1982, this program is not just to that we are on and how that is not a detail. But I can recall not too long ago the Federal Government but to the precedent we want to establish. I thank when there was a group of Republicans taxpayers who are relying on this to them for that. I thank them for their and Democrats who came together and spend their money wisely on their be- consideration. They have literally ad- decided that these types of decisions half, and they are looking to us to pro- hered to consistently—not just in the should not be subject to procedural de- mote and extend the life of programs past but now—the notion that when a feats, but they should be based on the that actually work and return a great judge is given a qualified approval by merits. That was the Gang of 14’s work investment to them, particularly in the ABA, when a nominee goes through on trying to pull together a consensus these challenging budget times and the committee, comes to this floor at on judges. I also know that both Sen- economic times. the district level, that is when a vote ator REID and Senator McConnell are This program, which was created by should take place. And how you vote working with a group of people on a bi- Senator Warren Rudman for the spe- on final passage is a function of many partisan understanding regarding exec- cific purpose of stimulating techno- things—your judicial philosophy versus utive nominations—not judicial nomi- logical innovation, encouraging great- their judicial philosophy, your view of nations but executive nominations. er utilization of small businesses to the judgment they have and the re- These are very hopeful and positive meet Federal research and develop- sponsibility a district judge has. signs. I hope we can build on that proc- ment needs, and to increase private Now, I think we have again been en- ess and not tomorrow take a step sector commercialization of innova- gaged in difficult debates, and they which I think historically is atypical, tions derived from Federal research have been particularly difficult when it unique, in fact, a step in the very and development, is a law that we must has come to the circuit court. I do wrong direction. find a way to reauthorize. We are well think we recognize collectively that We will come back again, and we will overdue. We have now passed the au- because of the nature of the circuit talk about the specifics of Mr. McCon- thorization point by 3 years. court, there is a difference. This is the nell’s nomination and these assertions. We have been unable to reauthorize gateway, and many times, the cases But all of these allegations cast, again, this important program. It looks as if never go beyond the circuit court. Con- not only a cloud upon Mr. McConnell we may be stuck again although the stitutional law, principles that apply but on the ABA process which looks major arguments about this bill have to whole circuits are affirmed by these very carefully at a candidate in terms been resolved. We are actually not ar- panels of judges, and there is a dif- of their judicial skill but also their guing over the nuts and bolts of this ferent standard. But we have never character, their integrity, their ability bill. Is that not sad, that all of the ar- really applied that standard to the dis- to serve, and the process here in the guments about what percentage ven- trict court. We have relied—all my col- Senate through the committee process. ture capitalists should get, by what leagues have—on the ability of home So I would hope that we can favor- amount we should increase the alloca- State Senators, together with their ably consider—in fact, I would hope, as tion—we have worked through all of local lawyers, together with their local is typical, that we would move quickly those because we have worked in good

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.050 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2612 CONGRESSIONAL RECORD — SENATE May 3, 2011 faith. We have compromised, Demo- more in taxes annually to the Federal thing we have passed in our committee crats and Republicans. Government than the entire budget of has been with bipartisan support. The The bill passed out of our committee the SBA. same with this bill: It comes out 18 to I believe 18 to 1. Authoring this piece of You would ask yourself: So what is 1. legislation is myself, the chairperson, the problem? Why can’t we get this bill I will finally say for the record—and Senator SNOWE, a strong supporter of passed? I can only say we have Mem- will submit this letter for the the underlying bill—let me get the bers who think they need to have votes RECORD—I was asked by Senator other cosponsors. Senator LEVIN is a or discussion on 187 amendments that COBURN, who has been cooperative ac- cosponsor. Senator BROWN of Massa- have nothing to do with this bill, and tually—although he has had quite a chusetts is a cosponsor. Senator they think the majority leader is being few amendments, he has been very KERRY, the former chair, is a cospon- unreasonable when he tries to bring open to negotiation—but he sent me a sor. The Presiding Officer is an original this to an end. letter on January 26, and it basically cosponsor. I thank you. The new Sen- As chair of this committee, I have to says: I would like to help you pass your ator, your junior Senator from New say again—and I am going to end with SBIR bill, but would you please get it Hampshire, is an original cosponsor. this—this recession we are in will out of your committee clean because I Senator CARDIN. Senator PRYOR. So we never end—never end—and the budget do not want other extraneous things have a good number of Republican and deficit that is crushing the economic attached to it because there are ‘‘less- Democratic Senators. potential of this Nation will never be er’’ programs—he said—that I do not This is the bill. It is 100 pages. The eliminated if we do not create jobs in support. But I support this one. sad thing is that in 5 weeks, we have America. He is not a member of the com- had over 150 amendments filed on this This program is a job-creating ma- mittee. He said: Senator, if you can get bill. Very few of them have anything to chine that is being shut down by this it out clean, then maybe I can support it on the floor. do with this bill. That is more amend- inability of us to come to terms over So what do I do? I tell all my Mem- this debate. It is a shame because ev- ments than there are pages of the bers: I am sorry. You cannot have the eryone is counting on us—not just my original bill. And you can understand amendments in committee. I am sorry. committee, but the Small Business why the majority leader, Senator REID, We cannot attach anything to this bill cannot allow a vote on all 150 amend- Committee is one of the important because I am trying to move a clean ments. We might be here for another committees here—to put this recession bill to the floor—only to get to the year, which is not fair to the Senate, it in the rearview mirror. I cannot do it if floor and have more than 150 amend- is not fair to Congress. There are other I cannot pass legislation. ments, most of which have nothing to important issues we have to get to. So If we want jobs, if we want innova- do with this bill put on this bill under we are trying to compromise. Senator tion, if we want to create the kind of the guise of: Well, we have to do it. We REID has been extremely patient trying jobs the SBIR Program—you can see need time on the floor to debate our to work with Republicans and Demo- here: SBIR-awarded firms add five issue. crats. And I think the last offer that times as many employees. These are Madam President, I ask unanimous was being considered would have made kind of our supercompanies. These are consent that the letter I referenced both sides even—with 12 amendments, companies, the smartest. They are on from Senator COBURN be printed in the an equal amount, for both sides, most the edge. They are the best. They have RECORD. of which have nothing to do with this gotten the attention of many smart There being no objection, the mate- bill but that we will accept votes on. people in the government. Yes, we do rial was ordered to be printed in the Actually, one big amendment, sig- have smart people who work for the RECORD, as follows: nificant amendment that had nothing Federal Government. These companies U.S. SENATE, to do with this bill has already been and their technology have become RUSSELL SENATE OFFICE BUILDING, voted on, agreed to, detached from this known, and they say: Gee, this is the Washington, DC, January 26, 2011. bill, and sent to the President, and he kind of technology that could change Hon. MARY LANDRIEU, has already signed it. And we are still this situation, save taxpayer money, Small Business Committee Chairman, U.S. Sen- on this bill. That was the repeal of 1099, and it has such commercial applica- ate, Washington, DC. DEAR SENATOR LANDRIEU: I wanted to which was almost unanimously sup- tion. Let’s give it an award. We might thank you for your letter regarding passage ported to repeal a very onerous provi- not be able to give it an award because of the SBIR/STTR reauthorization bill and sion of paperwork and regulation that we are stuck talking about 150 amend- oversight of the Small Business Administra- was not proper to put on the backs of ments that have nothing to do with tion (SBA). I appreciate your commitment to small businesses. And I am proud that this program, and the extension to op- review and eliminate fraud within programs I led, with others, the effort to repeal erate this program expires on May 31st. such as 8(a) and HUBZone, to streamline fed- I am sorry I cannot solve all the eral regulations and their burden on small that. That has been done. Yet we find businesses, and to eliminate wasteful and du- ourselves still not in complete agree- problems of the world in the Small plicative SBA programs that increase our ment that it is time to move on. Business Committee. I am very sorry. I debt and limit expenditures to more worthy I just wish to say a few more things. cannot solve all the health care prob- SBA programs. No. 1, every State will benefit when lems. I cannot resolve the debt situa- Thank you also for your letters, co-signed this program is reauthorized. Most im- tions. I cannot talk about sunset com- by Senator Olympia Snow, Ranking Member portant, taxpayers will see significant missions and the Gang of 6 and put of the Committee, to SBA Administrator Karen Mills and SBA Inspector General results. Let me just tell you one that is every piece of legislation in this bill. Peggy Gustafson regarding possible termi- quite startling but true and I want it We have to stay focused. We have been nations of wasteful and duplicative SBA pro- to be in the RECORD. moving some very good legislation out grams. I applaud your oversight and look One company that participated in of this committee, completely with bi- forward to working with you and Senator this program and received a small partisan support, with a few little Snowe to eliminate waste, fraud and duplica- grant many years ago and then re- bumps here and there. tion within SBA and to help small businesses ceived another grant to help them get The small business lending program excel. I believe that should there be another started, Qualcomm, is now one of the was not supported by the Republicans. broad extension of SBA programs such as most successful businesses in the We only had two Senators who crossed H.R. 366 in four months, any programs that world. That one company pays more the aisle to give us the 60 votes to do are not fulfilling their purpose, fail to con- taxes to the Federal Government every it. I understand it is controversial. Not sistently encourage sustainable private year than the entire budget of the everything here is done in such perfect growth, or have significant overhead costs Small Business Administration. Let me precision, but we still have high hopes should be eliminated. I do not believe long- repeat: One company, started in large for that program. Six hundred banks standing and popular SBA programs like SBIR/STTR should be lumped with lesser measure—not solely, but they testified have applied. We believe billions of dol- SBA programs. It is my hope that we can on the record in large measure—be- lars will be lent out and that debate is come to an agreement before another tem- cause of this program, was created. It still going on as the administrators porary extension bill is considered on what grew and grew and grew and now pays come up. But other than that, every- programs at SBA should be terminated.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.051 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2613 Again, thank you for your oversight and Mr. SHELBY. Madam President, I In DeKalb, Marion and Franklin for your consideration of my concerns. I look ask unanimous consent to proceed in Counties alone, we have seen nearly 100 forward to working with you this Congress. morning business for 8 minutes. deaths. Virtually every part of the Sincerely, The ACTING PRESIDENT pro tem- State was touched by storms, and all of TOM A. COBURN, M.D., pore. Without objection, it is so or- U.S. Senator. us were affected. The pain and loss that dered. families are experiencing are still Ms. LANDRIEU. I have tried to be f fresh. Many remain in shock. patient. I understand that. But I am However, we must also recognize that asking one last time—I am asking my TORNADO SYSTEM DISASTER IN ALABAMA Alabama was not the lone victim of the ranking member, I am asking the other storm. As we continue our cleanup and members of my committee, I am ask- Mr. SHELBY. Madam President, I recovery efforts, so do the people of ing my Democratic colleagues and Re- rise to thank my colleagues in the Sen- Tennessee, Mississippi, Georgia, Vir- publican colleagues—please, in the ate and countless others across the ginia, Louisiana, and Kentucky. Our next few hours, please, let your voice country for their outpouring of support thoughts and prayers are with all of be heard to your leaders—the minority and offers of assistance to my State of the affected States. We stand willing leader and the majority leader—and Alabama in this time of need. and able to assist you, as you have of- On April 27—this last week—an un- please try to come to some reasonable fered similar support to us. agreement. precedented tornado system struck the I want to reassure the people of Ala- I think the cloture motion is quite State of Alabama, claiming hundreds bama and all the affected States that of lives and destroying thousands of reasonable, the cloture motion Senator we will do everything we can on the homes and businesses. At last count, REID has put down. If we could agree to Federal level to restore life as it was 236 people in Alabama alone were dead, that, get 60 votes or more, we could before. My staff and I are working with with thousands more injured and a lot move on and pass this reauthorization, the State, FEMA, and the other Fed- missing. It will take many years and which is so important for job creation eral agencies to ensure as quick and ef- potentially billions of dollars for my in America. ficient a recovery as possible. State to fully recover from this cata- We are 3 years behind schedule—not 6 Thousands of Alabamians have months, not 8 months, but 3 years be- strophic disaster. We have received calls from my fel- opened their homes, donated supplies, hind schedule. We have been operating made contributions, and rushed to help this program—a very good program, low Senators, many of whom recently experienced destruction in their own in any way they could. After wit- one of the best—every 3 months, some- nessing the selfless generosity of com- times one month, sometimes a bit States due to floods and deadly storms, with offers of help. To those who have plete strangers and the sheer resilience longer, but people have to guess wheth- of those affected by the storms, I have er we are going to extend it. That is no reached out, I wish to offer my sincere gratitude on behalf of the people of never been more proud to call Alabama way to run an airline or a train or a my home. bus or even a two-seated car, for that Alabama. I also wish to thank Presi- dent Obama and FEMA Administrator It will take a lot of work and help matter. You have to have a long run- from volunteers, but I am convinced way here to get good things done and Craig Fugate for their swift response and commitment to restoring our that, together, we can overcome this to stop wasting taxpayer money and terrible tragedy. their time. State. Their words of encouragement to dis- Madam President, I yield the floor. So I am going to ask, please, let’s try aster victims during their visit to Ala- f to get cloture. bama helped ease the grief burdening Finally, the States that are most af- CONFIRMATION OF KEVIN HUNTER local families, and their work with fected—the Senators who represent SHARP AND SKIP DALTON Gov. Robert Bentley and Alabama these States might want to be heads Emergency Management Agency Direc- Mr. NELSON of Florida. Madam up—but Colorado, Maryland, Virginia, tor Art Faulkner has provided vital as- President, yesterday the Senate con- California, Ohio, Pennsylvania, New sistance during these difficult times. firmed the nominations of Kevin York, Florida, Texas and Alabama are This continued level of Federal coordi- Hunter Sharp to fill a judicial emer- among the States that benefit the most nation is critical to ensuring that Ala- gency vacancy on the U.S. District from this program. All our States ben- bama gets back on its feet as quickly Court for the Middle District of Ten- efit. Companies in my own State of as possible. nessee and Roy ‘‘Skip’’ Dalton to fill a Louisiana have received some of these I have never in my life seen such dev- judicial emergency vacancy on the U.S. awards and have gone on to hire hun- astation to the extent I saw during my District Court for the Middle District dreds, if not thousands, of people. But visit to my home State of Alabama re- of Florida. Though I was necessarily these other States have managed to ac- cently. Giant oaks lie flattened and absent from the vote, if present and tually get themselves to the front of splintered. Homes throughout the voting I would have voted ‘‘yea.’’ I the line. State were demolished, leaving thou- fully support the nomination of Mr. I thank Senator BROWN for his co- sands homeless and reliant on the Red Sharp to fill a vacancy in Tennessee, sponsorship of this bill. I thank other Cross, the Salvation Army, and others and I am pleased that Mr. Dalton was Senators from these States. But the for shelter. At one point last week, confirmed by unanimous consent. Texas and Florida and Alabama Sen- over 1 million Alabama residents were Roy Dalton, nominee for the Middle ators, the New York Senators, the Sen- without power—almost one-quarter of District of Florida, is currently a part- ators from Ohio and Pennsylvania, par- the State’s population. It was gut- ner at Dalton & Carpenter. Mr. Dalton ticularly, Massachusetts and Cali- wrenching to walk through scattered previously worked as a counsel to my fornia—the top of the list—have a lot rubble and realize it was once the site friend, Senator Mel Martinez of Flor- to lose if we cannot get this program of someone’s home or someone’s busi- ida, and had a long career in private reauthorized. ness. The scale and the magnitude of practice in Orlando, FL. I have known I yield the floor and suggest the ab- destruction can only be described as Mr. Dalton for many years, and I am sence of a quorum. hell on Earth. pleased that the Senate has acted on The ACTING PRESIDENT pro tem- In our State, while larger cities such his nomination. pore. The clerk will call the roll. as Birmingham and Tuscaloosa—my Madam President, the high level of The legislative clerk proceeded to hometown—suffered extensive damage, judicial vacancies puts at serious risk call the roll. so did other rural areas. Communities the ability of all Americans to have a Mr. SHELBY. Madam President, I such as Pratt City, Pleasant Grove, fair hearing in court. I congratulate ask unanimous consent that the order Concord, Rainsville, Hackleburg, Senator LEAHY and Senator GRASSLEY for the quorum call be rescinded. Cullman, and many others also in- on their leadership and hope that we The ACTING PRESIDENT pro tem- curred the wrath of the storm system can all continue to work together to pore. Without objection, it is so or- and are now trying to assess the extent address the backlog of judicial nomina- dered. of their damage. tions.

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.005 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2614 CONGRESSIONAL RECORD — SENATE May 3, 2011 VOTE EXPLANATION institutions in which they serve. How- community for years. For his service, I Mr. UDALL of Colorado. Madam ever, in order for elected officials to am grateful. President, I was unable to return to fulfill their constitutional duties, Mr. COCHRAN. Madam President, I Washington, DC, and was therefore un- Members of Congress rely on many in- am pleased to recognize and commend able to cast a vote for rollcall vote No. dividuals and institutions whose work Joe Richardson for his dedicated serv- 62, the nomination of Kevin Hunter is vital to the basic functions of gov- ice as a Specialist in Social Policy at Sharp, of Tennessee, to be U.S. District ernment. These are individuals who the Congressional Research Service. The Congressional Research Service, Judge for the Middle District of Ten- often work in relative obscurity, but CRS, was formed in 1914 as a Federal nessee. Had I been present, I would whose contributions are often no less agency within the legislative branch to have voted yea to confirm the nominee. important than those of the more visi- ble actors and institutions who stand provide Congress with a nonpartisan f before the public. source of information. For nearly a HONORING OUR ARMED FORCES I rise today to recognize one such in- century, CRS has supplied valuable dividual who, over his decades-long ca- policy analysis to committees and STAFF SERGEANT JAMES A. JUSTICE reer of service at the Congressional Re- Members of both the House and Senate, Mr. GRASSLEY. Madam Presdient, search Service, the nonpartisan re- and it continues to play a vital role in it is with a solemn heart that I must search branch of the U.S. Congress, has all stages of the legislative process. honor the life and service of a soldier had provided a profound and lasting Joe Richardson has been with CRS from my home State today, SSG James contribution to the U.S. Congress. for nearly 40 years and has proven him- A. Justice of Grimes, IA. He was killed That individual, Joe Richardson, the self to be an expert agricultural policy by enemy small arms fire in Kapisa food and nutrition policy analyst of analyst, particularly with regard to Province, Afghanistan, at the age of 32. CRS, will soon be leaving CRS and I, our domestic food assistance programs. Staff Sergeant Justice died trying to for one, feel that it is not only impor- These programs address many needs of rescue the crew of a downed helicopter tant, but vital, for Joe to be recognized America’s poor, youth, and elderly, and that made a hard landing in Alah Say for his decades of public service to the continue to be very important in as- District, Kapisa Province, Afghanistan. U.S. Congress and to the American sisting our rural and underserved com- Staff Sergeant Justice has served in public. munities. Joe’s contributions through- the U.S. Armed Forces since September As a long-time member of the Agri- out his tenure have been invaluable in of 1998. He was assigned to Troop A, 1st culture Committee, on which I served this effort, and his insightful input will Squadron, 113th Cavalry, Camp Dodge, as both the chair and ranking Demo- undoubtedly be missed. Johnston, IA. He was deployed to Ku- crat on several occasions, my staff and As a member and former chairman of wait as part of Operation Desert Spring I relied heavily on Joe Richardson on the Senate Agriculture Committee, I in 2001, the Multinational Force Ob- numerous occasions. He provided tech- have greatly benefitted from Joe’s server peacekeeping mission in the nical assistance and professional judg- knowledge and experience. His exper- Sinai Peninsula, Egypt in 2003–2004, ment in the formulation of the nutri- tise has helped the committee formu- and Operation Iraqi Freedom in 2005– tion title of the 2002 and 2007 farm bills, late and pass a number of important 2006. He volunteered to deploy to Af- and also played a key role in the com- pieces of legislation, such as the past ghanistan in November of 2010. In Af- mittee’s successful enactment of the several farm bills which authorize a ghanistan, he was one of approximately 2004 and 2010 child nutrition reauthor- wide range of agricultural and food as- 2,800 members of the 2nd Brigade Com- ization. In each of these cases, Joe sistance programs. His timely reports bat Team, 34th Infantry Division. went above and beyond the call of and analyses have allowed Congress to Staff Sergeant Justice is survived by duty—in many cases enduring, like the better monitor, update, and improve his wife Amanda Jo and daughter rest of us, long, late night conference nutrition programs as economic condi- Caydence Lillian; his father and moth- committee meetings that would carry tions change and the need for effi- er Larry and Lillian Justice; a brother on for weeks, even months. As a result ciency greatens. and two sisters; as well as many other of his efforts, I can say with confidence We are forever grateful for Joe’s serv- family and friends. that, absent Joe’s efforts, the legisla- ice and commitment to agriculture Sergeant Justice’s family remembers tion that we produced would not have policy and the U.S. Congress, and I him as a caring individual who was been nearly as sound. More impor- wish him the very best in his future en- proud of the work he was doing for his tantly, because of Joe’s help, each of deavors. country. He wanted nothing more than these pieces of legislation succeeded in Mr. LUGAR. Madam President, from to serve side by side with his brothers its core mission—helping to ensure 1987 until 2002, I served as either the and sisters in arms. His fellow soldiers that millions of Americans are able to chairman or ranking minority member remember him as a charismatic, nat- obtain a sufficient and nutritious diet. of the Senate Committee on Agri- ural leader and an integral part of his Each of us, in one way or another, culture, Nutrition and Forestry. The unit’s community. The loss of Sergeant takes for granted the work of others as jurisdiction of the committee is quite Justice is one that will be felt not only we do our own jobs. This is not because broad. One important portion of that by his family and loved ones but by the their efforts are not noticeable, but jurisdiction is food and nutrition pro- entire Iowa Army National Guard and rather, because the efforts are so con- grams. all those that were privileged enough sistent and steadfast, carried out with During my years of service on the to have known him. humility and without any expectation Agriculture Committee, the committee My thoughts and prayers are with of praise or recognition. This is exactly has considered several significant the Justice family in this incredibly how Joe has carried out his duties over changes in the food and nutrition pro- trying time. While words cannot ex- the years. But I would be remiss in not grams. However, one constant presence press the debt that we as a Nation owe taking the opportunity to stand up and throughout all those changes was Joe to Sergeant Justice and his family, I thank Joe for his truly remarkable Richardson of the Congressional Re- would like to take this time to remem- service to the Congressional Research search Service. Now, after 40 years at ber the sacrifice that he made so that Service, to Congress, and to the coun- the Congressional Research Service, we can enjoy the freedoms that this try. I have no doubt, after such long Joe has decided to retire. Nation provides. service, that moving on to new oppor- Joe’s thorough knowledge of the his- f tunities and challenges is not without tory and programmatic details of nu- its bittersweet moments for Joe. But I trition programs was vitally important TRIBUTE TO JOE RICHARDSON know that Joe can move on to these in those deliberations. Moreover, his Mr. HARKIN. Madam President, challenges secure in his knowledge cogent, thoughtful, and nonpartisan when most people think of how our that he has discharged his duties with analysis was respected on, and sought government works, they tend to think the utmost professionalism and com- after by, both sides of the aisle, both of the elected officials, the President, petence. He has been a pillar of the chambers of Congress, and within the Senators, House Members, and of the food and nutrition assistance policy administrations of both parties. During

VerDate Mar 15 2010 01:09 May 04, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.043 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2615 deliberations on important legislation, significant majority of the farm bill, I wish Joe all the best in retirement, I Joe’s willingness to be available to has helped the committee address the certainly hope that he will make sure committee staff on evenings, weekends issues of hunger in America and has his replacement at the Congressional and holidays was much appreciated. helped keep millions of Americans out Research Service and the Senate Agri- I am pleased to join my colleagues in of poverty. culture Committee still know how to thanking Joe Richardson for his 40 While Joe is leaving us to spend time get ahold of him during development of years of service and wishing him well closer to his family in California, his the next farm bill. in his future endeavors. work will continue to guide and inform Mr. ROBERTS. Madam President, I us as we begin work on the 2012 farm f rise to congratulate Joe Richardson on bill. He is a wonderful example of a WORLD PRESS FREEDOM DAY 2011 his pending retirement. Joe exemplifies great public servant, and I wish him the meaning of public servant. I have well in his retirement. Mr. LEAHY. Madam President, served as chairman and ranking mem- Mr. LEAHY. Madam President, there today, people from across the country ber of the House Committee on Agri- is an old saying that ‘‘where there is a and around the world celebrate World culture, and today I serve as the rank- will there is a way.’’ That was very Press Freedom Day—a time to com- ing member of the Senate Committee true of the many pieces of legislation I memorate and honor the principles of on Agriculture, Nutrition, and For- worked on as chairman and ranking freedom of expression. World Press estry. All along the way, Joe has member of the Senate Agriculture Freedom Day was established by the served the Congressional Research Committee. The Senate Agriculture United Nations General Assembly in Service and thereby the Congress with Committee has proven time and again 1993 and provides an important oppor- excellence and distinction over the that Congress can work together when tunity for us all to remember the jour- course of 40 years. His focus has in- it wants to get a job done. nalists and other members of the news cluded the nutrition assistance pro- But I have to share with you that we media—of all nationalities—who have grams, almost from their inception. had a secret weapon, at least when it sacrificed their personal safety, and in From programs ranging from SNAP, came to the farm bill nutrition titles some cases their lives, to ensure the WIC, school meals, and faith-based ini- and the child nutrition bills. I know free flow of information to the public. tiatives, Joe is a recognized expert, a that we would have had a much tough- The Nation’s Founders prized and prolific writer, and unparalleled in his er time getting that job done success- protected a free and vibrant press. Its field. fully without the assistance and tech- prominence is found in the first amend- A nonpartisan professional, Joe has nical expertise of Joe Richardson of the ment of the Constitution. Since the been an invaluable resource for Mem- Congressional Research Service. Since founding of this great Nation, Amer- bers and staff and has regularly been 1971 Joe has played an important part ican journalists have courageously doc- relied upon to navigate the complex- of nutrition policy discussions and has umented volatile turning points in our ities of statutes, rules, and regulations, played a key role behind the scenes history and the world’s history. Elijah and the myriad of forms public assist- working on countless pieces of legisla- Lovejoy, the first of too many Amer- ance has taken over the last several tion over these past four decades, in- ican journalists who have paid the ulti- decades. From farm bills to child nutri- cluding seven farm bills. As a member mate price in service to press freedom, tion reauthorizations and related legis- of the Agriculture Committee during remains a stalwart figure in media his- lation in-between, he has been a com- most of those 40 years, including turns tory, even today. pendium of information on the ideas as chairman and ranking member of The International Federation of generated, efforts attempted, reforms the Agriculture Committee, I have Journalists reports that at least 94 enacted, and the effects and changes to been fortunate to benefit innumerable journalists and other members of the society our laws have made. He is a times from Joe’s institutional memory media have been killed in the line of tribute to his profession, and our Na- and impressive encyclopedic knowledge duty during 2010. Countless others have tion is a better place to live for all of our Nation’s critical nutrition pro- been detained or arrested simply for Americans as a direct result of his ef- grams. performing their professional duties. forts. Very few Americans have ever heard In recent months, we have witnessed I and my staff have greatly appre- about the Congressional Research the troubling case of American and for- ciated Joe’s counsel. Whenever called Service, but for the men and women eign journalists being detained, as- upon, Joe would answer, be it during who served in the U.S. Senate and for saulted, and even killed in their efforts regular business hours, late into the all of our staff, we know the important to tell the world about the democratic night, or early the next morning, al- role that this branch of the Library of uprisings in the Middle East. Last ways helpful, and always forthright. I Congress plays. The Congressional month, Oscar-nominated war-film di- appreciate the dedication dem- Service is a legislative branch agency rector and photojournalist Tim onstrated by public servant Joe Rich- within the Library of Congress and Hetherington and photojournalist ardson. Thank you Joe, you will be works exclusively and directly for Chris Hondros were both killed while missed. Members of Congress, their committees reporting on a battle between Libyan Ms. STABENOW. Madam President, and staff on a confidential, nonpartisan Government forces and rebels in the as the chairwoman of the Committee basis. The Congressional Research city of Misrata. In February, CBS war on Agriculture, Nutrition and For- Service, Congress, and the American correspondent Lara Logan was brutally estry, I know we will sorely miss the people have been well served by Joe attacked and sexually assaulted while expertise and dedication of Joe Rich- Richardson and his impressive public reporting on the historic uprising in ardson as we work this year to write career. Egypt. The recent news that Osama bin the next farm bill. Since 1971, Joe has For the last four decades Joe Rich- Laden has been killed—a price paid for shared his expertise on a wide range of ardson has gone above and beyond to his crimes against the American people issues with Members of the House and serve the Senate and House of Rep- and the world—has focused even more Senate. He has an incredible under- resentatives with his objective and al- attention on the unrest in the Middle standing of social policy programs, and ways helpful information and often 24 East. The efforts of journalists and knows their history inside and out. He hours a day if needed. I know that members of the media in that region seems to know everything about every- Members of both sides of the aisle have now have even greater significance. thing. His expertise has been abso- the highest regard for his work, atten- Preserving press freedoms and free- lutely invaluable to my staff over the tion to detail, and dedication. dom of expression remains one of my years. With the retirement of Joe Richard- highest legislative priorities as chair- In his four decades of service, Joe has son, we are losing an important per- man of the Judiciary Committee. That played a key role in writing seven farm spective and historical knowledge that is why I have once again joined with bills in 1977, 1981, 1985, 1990, 1996, 2002, I fear that no other single person will Republican Senator JOHN CORNYN to in- and 2008. His understanding of Federal be able to fill. To say that he will be troduce the Faster FOIA Act. This bill nutrition programs, which represent a missed is a true understatement. While would create a bipartisan Commission

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.044 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2616 CONGRESSIONAL RECORD — SENATE May 3, 2011 to help ensure that the Freedom of In- kill our citizens and destroy our cities, Americans to attack their neighbors. We formation Act one of the most impor- they also want to attack the most fun- must counter these efforts, but must do it tant tools by which the press can ob- damental American principle of all— wisely and without sacrificing our ideals. tain critical information about what Some, however, have wrongly resorted to our free, open and diverse society. We portraying American Arab or Muslim com- our government is doing is not hin- cannot and will not let them succeed.’’ munities, or the Islamic faith itself, as a dered by excessive delays. I could not agree more. threat to our country. While we must repel A few days ago, President Obama ob- All Americans deserve civil rights attempts by foreign terrorists to radicalize served that ‘‘in the last months, we’ve protections and the freedoms provided Americans, vilifying Islam or all Arab-Amer- seen journalists threatened, arrested, in the Constitution. This does not end icans will not make our nation safer. Indeed, beaten, attacked, and in some cases with the vital protections afforded by suggesting these Americans are less loyal even killed simply for doing their best the first amendment. It continues to than their countrymen is not only inac- to bring us the story, to give people a ensure due process and equal protec- curate and irresponsible, it also adds an air voice, and to hold leaders accountable. of legitimacy to violent extremism of an- tion. It is bolstered by important civil other kind: directed not by American Mus- And through it all, we’ve seen daring rights laws that we have passed to pro- lims and Arabs, but at them. men and women risk their lives for the tect the practice of religion without In the past year, a passenger stabbed a New simple idea that no one should be si- discrimination. York cabbie after learning he was Muslim, lenced, and everyone deserves to know Religious freedom has long been a bi- and an arsonist in Tennessee burned a the truth.’’ partisan issue in the Senate, but more mosque, among other examples. Such acts As we celebrate World Press Freedom importantly it has been a consistent are not only illegal, they are also profoundly Day, we are reminded that an open and American value. American Muslims, at odds with one of our nation’s bedrock val- ues: ‘‘E pluribus unum,’’ or ‘‘Out of many, accountable society comes with not like all Americans, must be protected only the right of its citizens to know one.’’ by the rule of law that upholds these Stigmatizing Muslim communities not the truth but the duty to empower constitutional and statutory protec- only contradicts our nation’s commitment themselves with that knowledge. All of tions. to religious freedom, it also makes it easier us—Democrats, Republicans, and Inde- I agree with Mr. Dettelbach when he for al-Qaida to radicalize Americans. Since pendents—have an interest in pre- noted that, ‘‘[w]e find ourselves facing the day a band of religious refugees stumbled serving press freedoms and protecting foreign-based terrorists, including al- off their ship near Cape Cod in what eventu- the public’s right to know. Enacting Qaida, seeking to radicalize people here ally would become the commonwealth of Massachusetts, practitioners of every faith the Faster FOIA Act will help to ac- in the United States in new ways. complish this goal. For this reason, I have come and worshiped freely in this coun- Using sleek ad campaigns on the Inter- try. strongly encourage all Members to join net, these terrorists try to recruit Acts of violence and hostility against me in celebrating World Press Freedom Americans to attack their neighbors. American Muslims risk obscuring these Day and in supporting this very impor- We must counter these efforts, but truths and feeding the enemy’s false nar- tant bipartisan bill. must do it wisely and without sacri- rative that America is at war with Islam. f We must recognize that American Muslim ficing our ideals. ‘‘ and Arab communities are a vital part of the THE CIVIL RIGHTS OF ALL As the President said when he an- solution to the problem of radicalization. AMERICANS nounced the news that the world’s No. Terrorists do not radicalize entire commu- 1 terrorist was dead, Osama bin Laden Mr. LEAHY. Madam President, I re- nities; they recruit individuals. American was not a Muslim leader. He had killed Muslims and Arabs who recognized threats cently joined Senator DURBIN and Sen- scores of Muslims. I hope that in the have worked with law enforcement when ator GRAHAM at an important Senate they suspect a problem. For this we owe Judiciary Committee hearing focused coming days, we will not see misguided passions lead to more attacks on Amer- them gratitude, not sideways glances. on the civil rights of American Mus- In an effort to improve communication, ican Muslims. In order to live up to our lims. This bipartisan hearing was a collaboration and trust with Muslims and positive statement from the committee American values we must protect all Arab-Americans, I have been part of a group that its members believe strongly that Americans from attack. I thank the of U.S. attorneys across the country having all Americans enjoy the rights and President and the Attorney General for a series of conversations to better under- freedoms provided by our Constitution their unwavering leadership on civil stand the needs of these American commu- rights issues. nities. The people of these communities and our civil rights laws. should understand that the Department of Today, I wanted to highlight a recent I ask unanimous consent that Mr. Dettelbach’s short article be printed in Justice is here to protect them. column written by the U.S. attorney in I have met with hundreds of American Cleveland, OH, Steven Dettelbach, the RECORD. I hope all Senators will Muslims in Northern Ohio over the past few which addressed the same subject. As read it. months. Not surprisingly, they want for one of our leading Federal prosecutors, There being no objection, the mate- their children what everyone wants—a good Mr. Dettelbach is known for protecting rial was ordered to be printed in the education, freedom from bullying and the op- the people of northern Ohio by enforc- RECORD, as follows: portunity for their children to grow and be- ing our Federal laws. But he is also [From the Cleveland Plain Dealer, Apr. 29, come productive citizens. 2011] I heard troubling stories from parents known for his wise counsel which is no whose children’s trust in this country was OHIO’S MUSLIM, ARAB NEIGHBORS doubt why the Attorney General se- shaken by various indignities suffered in our lected him to serve on his advisory (By Steven M. Dettelbach) community, which they perceived to have committee. Those of us in law enforcement know all stemmed from their religion or ethnicity. At the Attorney General’s direction, too well that terrorists continue to target This is wrong. It is not the Ohio I know and several U.S. attorneys have been trying the United States. We have seen the dan- love, and none of us should stand silently by to better understand the needs of gerous consequences take hold in places like and tolerate such intolerance. American Muslims. This is a laudable Fort Hood, Texas, and Times Square in New I heard from doctors, architects and work- York, and even reach here in Ohio, where our ers who have a deep love for their nation. I initiative, given that there have been office and the FBI prosecuted a homegrown spoke with their American-born children attacks targeting the American Mus- terror cell plotting to kill Americans abroad. who, just like the youth in our Irish, Italian lim community in the past few years. Preventing these kinds of attacks is our top and Eastern European communities, are To make matters worse, some leaders priority. working on their resumes, fiddling far too have sought to sow fear and divisive- Our enemies seek not only to kill our citi- much with their Blackberrys and who think ness against American Muslims. Fan- zens and destroy our cities, they also want to of themselves as American more than any- ning the flames of hate against those attack the most fundamental American prin- thing else—because that is who they are. with different faith traditions runs ciple of all—our free, open and diverse soci- Law enforcement alone cannot eradicate contrary to our American values be- ety. We cannot and will not let them suc- the root causes of terrorism and hate crimes. ceed. Each of us must do all we can to forge last- cause this Nation was founded in large We find ourselves facing foreign-based ter- ing relationships with our Muslim and Arab part on the importance of religious rorists, including al-Qaida, seeking to neighbors. We need to affirm loudly that freedom. radicalize people here in the United States in they, too, are Ohioans, our neighbors in a In his April 29 piece, Mr. Dettelbach new ways. Using sleek ad campaigns on the wonderfully diverse state that thrives on its wrote, ‘‘Our enemies seek not only to Internet, these terrorists try to recruit many faiths, languages and ethnicities.

VerDate Mar 15 2010 02:02 May 04, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.009 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2617 2011 AMERICAN AMBULANCE their work, they deserve our outmost me. His name was Dale Long—a 2008 ASSOCIATION STARS OF LIFE gratitude. Stars of Life awardee. Just several For the past 20 years, the American Mr. LEAHY. Madam President, I rise weeks after I had the opportunity to Ambulance Association has honored today to honor the brave men and meet him, Dale was killed in the line of those paramedics, EMTs, dispatchers, women of the emergency medical serv- duty as a paramedic with the and other ambulance service personnel ices, EMS, profession all across the Bennington Rescue Squad. Since Dale who exemplify what is best about the country who dedicate their lives to was employed by a private nonprofit EMS field. The American Ambulance agency, he was not covered by the De- providing lifesaving health care and Association has appropriately des- first responder services to people in partment of Justice’s Public Safety Of- ignated these individuals as ‘‘Stars of ficer Benefit, PSOB, program—even need. Life.’’ Past Stars of Life have included In particular, I would like to recog- though his agency is the 9–1–1 emer- paramedics and EMTs who were part of gency ambulance service agency for nize the 81 EMS professionals being the rescue efforts at the terrorist at- recognized today by the American Am- Bennington, VT. In honor of Dale, I in- tacks on the World Trade Center or troduced the Dale Long Emergency bulance Association as ‘‘Stars of Life.’’ provided evacuation and response to These 81 Stars of Life will be on Cap- Medical Services Provider Protection the victims of Hurricanes Katrina and Act, S. 385, which would make para- itol Hill for the next couple of days, Rita and the recent flooding and and I strongly encourage my colleagues medics and EMTs who work for a pri- storms in the South and Midwest. Of vate nonprofit EMS agency eligible for to take the time to meet with these ex- equal importance, this program also ceptional individuals. the PSOB program. In February, the pays tribute to those ambulance serv- Senate unanimously approved the Dale Every year, the dispatch of an ambu- ice personnel whose heroic acts or com- Long Act as an amendment to the FAA lance is the first response to millions munity service activities may not have reauthorization bill, and I am hopeful of medical emergencies. Often, the sur- made the news but were just as mean- that the Dale Long provision will be re- vival of a patient is enhanced by the ingful to the people they aided. I con- tained in the final conference report. prompt medical attention provided by sider myself fortunate to have met paramedics and emergency medical with many Vermont paramedics and Madam President, I ask unanimous technicians, EMTs, prior to the arrival EMTs over the years, and I have heard consent that the names of the 2011 at an emergency room. As a result of firsthand accounts of the tireless ef- American Ambulance Association the selfless acts of these courageous forts that they perform on a daily basis Stars of Life honorees be printed in the and devoted men and women, the lives for their communities. They are truly RECORD. of thousands of Americans are saved America’s health care safety net. There being no objection, the mate- each year. While these professionals do One of the Stars of Life from rial was ordered to be printed in the not expect to receive recognition for Vermont left a lasting impression on RECORD, as follows:

FIRST NAME LAST NAME COMPANY CITY STATE

Daniel ...... Griswold ...... Arizona Ambulance Transport ...... Sierra Vista ...... AZ John ...... Sullivan ...... Arizona Ambulance Transport ...... Sierra Vista ...... AZ Michael ...... Atwell ...... American Medical Response ...... Victorville ...... CA Michael ...... O’Grady ...... American Medical Response ...... San Mateo ...... CA Kevin ...... Smith ...... American Medical Response ...... Sonoma ...... CA Gary ...... Smotrys ...... American Medical Response ...... Palm Springs ...... CA Forrest ...... Uhland ...... American Medical Response ...... San Mateo ...... CA Thomas ...... Westbrook ...... American Medical Response ...... Concord ...... CA Matt ...... Berckefeldt ...... American Medical Response ...... Pueblo ...... CO Autumn ...... DePolo ...... American Medical Response ...... Colorado Springs ...... CO Chris ...... Erickson ...... Ute Pass Regional Ambulance District ...... Woodland Park ...... CO Jim ...... Hollman ...... Ute Pass Regional Ambulance District ...... Woodland Park ...... CO William ...... Broadbridge ...... Hunter’s Ambulance Service ...... Meriden ...... CT Kelly ...... Brunell ...... Hunter’s Ambulance Service ...... Meriden ...... CT Marisa ...... Carriveau ...... American Medical Response ...... West Hartford ...... CT Katrina ...... Perrelli ...... Hunter’s Ambulance Service ...... Meriden ...... CT John ...... Pourciau ...... American Medical Response ...... Waterbury ...... CT Jared ...... Yager ...... Hunter’s Ambulance Service ...... Meriden ...... CT Donald ...... Anderson ...... American Medical Response ...... Broward County ...... FL Thomas ...... Dawiczkowski ...... Nature Coast EMS ...... Lecanto ...... FL Marvin ‘‘Happy’’ ...... Montgomery ...... Mid Georgia Ambulance ...... Macon ...... GA Tito ...... Villanueva ...... American Medical Response ...... Lihue ...... HI Jane ...... Hagen ...... Iowa EMS Association ...... Urbandale ...... IA Nathan ...... Wilzbacher ...... American Medical Response ...... Evansville ...... IN Steven ...... Simon ...... Acadian Ambulance Service ...... Lafayette ...... LA Todd ...... Weir ...... Acadian Ambulance Service ...... Lafayette ...... LA Michelle ...... Borden ...... Action Ambulance Service ...... Wilmington ...... MA Christopher ...... Borges ...... Cataldo Ambulance Service ...... Somerville ...... MA Theodore ...... Crosby ...... Action Ambulance Service ...... Wilmington ...... MA Clayton ...... Davis ...... Cataldo Ambulance Service ...... Somerville ...... MA Kris ...... Keraghan ...... Armstrong Ambulance Service ...... Arlington ...... MA Ann ...... McGrath ...... Armstrong Ambulance Service ...... Arlington ...... MA Jeff ...... Simmons ...... Cataldo Ambulance Service ...... Somerville ...... MA Angela ...... Spofford ...... Action Ambulance Service ...... Wilmington ...... MA Martin ...... Tyrrell ...... American Medical Response ...... Brockton ...... MA Rachael ...... Goeman ...... American Medical Response ...... Grand Rapids ...... MI Robert ...... Kirkland ...... Community EMS ...... Southfield ...... MI Matt ...... Mills ...... LifeCare Ambulance Service ...... Battle Creek ...... MI Erik ...... Olsen ...... Life EMS Ambulance ...... Grand Rapids ...... MI Velvet ...... Whitt ...... Tri-Township EMS ...... Atlanta ...... MI Tracy ...... Woodard ...... Huron Valley Ambulance ...... Ann Arbor ...... MI Michelle ...... Anderson ...... Lakes Region EMS ...... North Branch ...... MN Todd ...... Fisk ...... Lakes Region EMS ...... North Branch ...... MN Brian ...... Murley ...... Mayo Clinic Medical Transport ...... Rochester ...... MN Tommy ...... Walker ...... American Medical Response/Abbott EMS ...... St. Louis ...... MO Derek ...... Poole ...... American Medical Response ...... Jackson ...... MS Thomas ...... White ...... American Medical Response ...... Natchez ...... MS Cathy ...... Jordan ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Virgil ...... Leggett ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Jamie ...... Stanford ...... Medic, Mecklenburg EMS Agency ...... Charlotte ...... NC Marnie ...... Olson ...... North Dakota EMS Association ...... Bismarck ...... ND Keith ...... Monaghan ...... American Medical Response ...... Egg Harbor Township ...... NJ Jessica ...... Bauer ...... REMSA ...... Reno ...... NV Debi ...... Kubiak ...... REMSA ...... Reno ...... NV Leonard ...... Spice ...... American Medical Response ...... Las Vegas ...... NV Mark ...... Camplese ...... Community Care Ambulance ...... Ashtabula ...... OH Jason ...... Fellows ...... Community Care Ambulance ...... Ashtabula ...... OH Shane ...... McKenzie ...... Community Ambulance Service ...... Zanesville ...... OH Beth ...... Sundman ...... Community Care Ambulance ...... Ashtabula ...... OH Ron ...... Causby ...... EMSA ...... Tulsa ...... OK Mark E...... Hopping ...... Life EMS ...... Enid ...... OK Mike ...... McWilliams ...... Oklahoma Ambulance Association ...... Muskogee ...... OK

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.010 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2618 CONGRESSIONAL RECORD — SENATE May 3, 2011

FIRST NAME LAST NAME COMPANY CITY STATE

Preston ...... White ...... EMSA ...... Tulsa ...... OK Robert ...... Breihof, III ...... Metro West Ambulance ...... Hillsboro ...... OR Rose ...... Durschmidt ...... Woodburn Ambulance Service ...... Woodburn ...... OR Daren ...... Groff ...... Bay Cities Ambulance ...... Coos Bay ...... OR Christopher ...... Pfingsten ...... Metro West Ambulance ...... Hillsboro ...... OR Philip ...... Reid ...... Metro West Ambulance ...... Hillsboro ...... OR Tracy ...... Schroeder ...... Medix Ambulance ...... Warrenton ...... OR Monica ...... Stephens ...... Pacific West Ambulance ...... Newport ...... OR Nicholas ...... Yoder ...... American Medical Response ...... Milwaukie ...... OR Andy ...... Brijmohansingh ...... Global Medical Response ...... Santa Rosa Heights, Arima ...... Trinidad & Tobago Rick ...... Dodd ...... LifeNet ...... Texarkana ...... TX David ...... Macias ...... Life Ambulance Service ...... El Paso ...... TX Alejandro ...... Munoz ...... Life Ambulance Service ...... El Paso ...... TX Pablo ...... Rios ...... American Medical Response ...... San Antonio ...... TX Bryan ...... Shelton ...... LifeNet ...... Texarkana ...... TX William ...... Mapes ...... Regional Ambulance Service ...... Rutland ...... VT Lawrence J...... Salisbury ...... Bennington Resque Squad ...... Bennington ...... VT Rebecca ...... Ainley ...... American Medical Response ...... Seattle ...... WA Niccole ...... Gibbs ...... American Medical Response ...... Vancouver ...... WA

WOMEN’S PREVENTIVE HEALTH cause it included a provision denying from the full health care funding bill SERVICES DC leaders the option of using locally at a time when we need to implement Ms. CANTWELL. Madam President, I raised funds to provide abortion serv- the reforms to keep costs down and to join my colleagues to come to the floor ices to low-income women. increase access for those who currently this afternoon and talk about tomor- For those who argue against big gov- don’t have access to health care and row’s votes on two different resolutions ernment this is a contradiction because come back to the system with much and to say that I am proud to join my this is a real imposition on the ability more expensive health care needs in female Senate Democratic colleagues of elected officials in the District of the future. in this effort and to speak out about Columbia to decide what to do with So I am very disappointed that at the this important issue. their locally raised funds. I know be- eleventh hour of a budget debate that To me the American people have sent cause I am in the Hart Building, what is about living within our means, about us a clear message. They want us to the Mayor and others on the council how we take the limited recovery we focus on job creation, promoting inno- had to say about this. This is an impo- have had and move it forward economi- vation and putting Americans back to sition on the health services of low-in- cally, that instead we are saying we work. But instead tomorrow we will be come women in the District of Colum- cannot move forward on a budget in a on the Senate floor trying to defend ac- bia and certainly has gone almost un- recovery until we take everything that cess to health care for women. We will noticed in the eleventh hour. And I we can away from women and access to vote tomorrow on whether to defund think sets a precedent for a dangerous women’s health care. Planned Parenthood, an agency that slippery slope with what we are telling We will fight this tomorrow and I am serves hundreds of thousands of people local governments to do. proud to be here with my colleagues to in my State on important exams such But it is time for us to focus on our say we will be the last line of defense as breast examination and helping to budget, living within our means, and for women in America who are going prevent infections and various things. getting back to work, but certainly not about their busy lives right now, tak- And just a few weeks ago I talked to try to do all of that on the backs of ing their kids to school, trying to jug- about one of our constituents, a 22- women. And it is not time to shut down gle many things at home and work and year-old woman from Seattle, who was access to women’s health care. Repub- they are every day as the budget people diagnosed with an abnormal growth on licans in the house have decided to within their own homes trying to fig- her cervix at Planned Parenthood and wage war and to say women should be ure out how to live within their means was able to receive life-saving treat- a bargaining chip. and the national budget debate has ment. She was uninsured, and without Well, I think the American people broken to this point? We can only have Planned Parenthood, she would not have sent us a clear message. They a budget agreement if you defund wom- have been able to get that kind of want us to get back to work and they en’s full access to health care. That is treatment and certainly her health support Planned Parenthood and the wrong and we will be here tomorrow to would have been in major danger in the efforts of Planned Parenthood on pre- fight this battle and speak up for future. I tell her story to emphasize ventive health care and health care de- women. the importance of Planned Parenthood livery services. A recent CNN poll I just want to point out to my col- on prevention and that they are cen- showed that 65 percent of Americans league, Senator KIRSTEN GILLIBRAND, ters of prevention for many, many polled support continued funding of that I remember in 1993, in the ‘‘year of women who have no other access to Planned Parenthood. the woman,’’ when so many women got health care. And I know my colleagues on the elected to Congress, it was the first And so we cannot jeopardize the ac- other side of the aisle would like to say time in the House of Representatives cess to that preventive health care at a that these funds are used and helped in we had a woman on every single com- time when it is so important for us to funding organizations that may be in- mittee. reduce long-term costs. In fact, even in volved in doing full reproductive choice And the end result of that is we had the investment area, every dollar in- services. But I ask them to think about an increase in funding for women’s vested in family planning and publicly that issue and that logic. Where will health research. So much of the re- funded family planning clinics saves they stop? It is Planned Parenthood search had been up to this point fo- about $4 in Medicaid-related costs today, but are they going to stop every cused on men. Why? Because there alone. So prevention of health care is institution in America from receiving wasn’t anybody on the committee to good for us in saving dollars and it is Federal dollars? speak up about how women had unique- certainly good for our individual con- It is illegal for Planned Parenthood ly different health care needs and de- stituents who have a lack of access to to use Federal dollars for the full re- served to have a bigger share of fund- health care. productive choice including abortion. ing for health care needs of women That is why I am so disappointed and It is illegal. You cannot use those than were currently being funded. the situation that we are having now funds. And yet the other side would That is what you get when you get where our colleagues are saying to us, like to say that this is an issue where representation and the women Sen- you can get a budget deal, but you they would like to stop Planned Par- ators will be here tomorrow to fight, to have to defund women’s health care ac- enthood today and then they will try say that women deserve to have access cess to do so. The avoidance of a gov- to stop other organizations in the fu- to health care through Planned Parent- ernment shutdown has also brought on, ture. hood and title X and, please, for those I think, a challenge on the backs of It is time to say no to this tomorrow working moms who are out there jug- women in the District of Columbia be- and to say no on trying to pull back gling dealing with children and

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.011 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2619 childcare, dealing with their jobs, deal- establishment of the South Eastern are healthier, safer, better equipped ing with pay equity at work, dealing European University in Tetovo in 2001, and better trained. And of course, bet- with all of these other issues that which is still a model for integrated ter equipped, better trained fire fight- women are struggling with, that they education. Throughout his time as ers mean increased public safety. don’t have to be a pawn in the debate HCNM, he promoted rights for Roma, For Bob McCarthy, fire fighting came on the budget. That there are people the single largest minority in the naturally; you might say it was in his who believe just like the majority of OSCE region as a whole. blood. Like his father and grandfather Americans do that we should move for- His job was not easy, but his integ- before him, Bob was a Watertown fire- ward with this kind of preventive rity, commitment, and diplomatic man, rising through the ranks to be- health care for women in America. skills paved the way for his successors come captain of the Watertown Fire f and built the position of the HCNM Department. When he retired from ac- into one of the most effective OSCE tively fighting fires, he dedicated his REMEMBERING MAX VAN DER tools for conflict prevention. His leg- life to fighting for his fellow firemen. STOEL acy to the OSCE is not only the work Bob McCarthy served as the union’s Mr. CARDIN. Madam President, as he did as HCNM, but the advice he left legislative agent for 2 years before the Senate chairman of the U.S. Hel- behind on the importance of early ac- being elected president of the PFFM in sinki Commission, I rise today to pay tion to prevent conflict. 1987. As president, Bob was a highly ef- tribute to Max van der Stoel, the first In his last statement to the OSCE fective advocate for Massachusetts’ High Commissioner on National Mi- Permanent Council in 2001, he said: professional fire fighters. Believe me; norities at the Organization for Secu- Governments should see the self-interest in as soon as an issue arose that impacted rity and Cooperation in Europe, OSCE, protecting minority rights and living in his members, it was usually about thir- who died last week at his home in The peaceful and prosperous multi-ethnic states. ty seconds before my office phone rang. Hague at the age of 86. Van der Stoel, The only people who profit from inter-ethnic I would like to note just a few of Bob a two-time Dutch foreign minister, conflict are nationalist entrepreneurs. That McCarthy’s many accomplishments as worked tirelessly throughout the OSCE is not a business that reaps long term prof- president of the PFFM. Bob McCarthy region as High Commissioner from 1992 its. In the end, intolerance, violence and in- was a major force in the passage of a to 2001 to prevent crises involving mi- stability hurt us all. I maintain that preventing inter-ethnic cancer presumption law which protects nority issues. conflict will continue to be one of the orga- firefighters for 5 additional years after Max van der Stoel had a life-long nization’s biggest challenges in the near fu- they retire. He worked diligently to commitment to human rights. From ture. Despite improvements in many OSCE maintain laws pertaining to fire fight- his early life in Nazi-occupied Nether- states, conflicts still rage and tensions boil ers’ heart and lung health and to pre- lands to defining moments spent with below the surface. We have to sharpen our serve grants for better safety gear. He Soviet-era dissidents, van der Stoel tools and invest sufficient resources to en- played a major role in funding critical was deeply affected by the abuses he sure that we remain on the cutting edge of incident stress management for the fire witnessed. He described one such en- conflict prevention. . . . Collectively, we must do more to act in response to the warn- service. And one of his greatest leg- counter, in then-Czechoslovakia in ing signs. It is not enough to admonish acies are the biennial educational sem- 1977, when as foreign minister he met States for falling short of their commit- inars which play a vital role in ensur- with Charter 77 activist, Jan Patocka ments. A concerted response by the inter- ing that Massachusetts’ professional in full view of Czechoslovak authori- national community must be resolute, tar- fire fighters receive ongoing education ties. Van der Stoel commented that, geted, and timely. on the latest safety issues. ‘‘This support was of great concern to . . . When a crisis becomes acute, everyone Bob McCarthy hasn’t limited his the Communist authorities. After our wonders what went wrong or what steps service to fire fighters; he was also a short meeting, Professor Patocka was should be taken to contain the situation. Things do not need to get to that point. valued member of numerous boards of arrested and rigorously interrogated. While Foreign Ministries seem to be increas- directors of leading firms and organiza- He died of a heart attack the next ingly sensitive to the benefits of relatively tions in my State. It is hard to gauge day.’’ limited funding, treasuries are still hesitant just how many people’s lives he has not Following the first gulf war, van der to invest in preventing the conflicts of to- only impacted but actually saved. All Stoel was appointed U.N. Human morrow. We need to put our money where too often the focus is on what is lost in Rights Representative for Iraq, and he our mouth is. It makes political and finan- fires. What goes unreported is what continued to raise human rights con- cial sense to put resources into keeping professional firefighters save. Not only multi-ethnic states together, rather than cerns in Iraq throughout the 1990s. thousands of lives and homes, but pets In 1992, he was appointed as the bailing them out after they have fallen apart. and items of sentimental value. OSCE’s first High Commissioner on Na- Bob leaves the PFFM in the very able His words are as timely and relevant tional Minorities, HCNM, with a man- hands of Mr. Ed Kelly who was sworn today as they were 10 years ago. It is date aimed at preventing conflict in as president last month. This my hope that, inspired by the dedica- through quiet diplomacy and early evening, the Professional Firefighters tion and accomplishments of Max van warning to the OSCE countries. His of Massachusetts will celebrate Bob’s der Stoel, the United States and its al- successes in that role are largely un- 26 years of service to his community at lies will strive to ensure that ethic ten- recognized, as they lie in what did not their annual dinner. I join their 12,000 sion and human rights violations are happen rather than in what did. He members in honoring Bob McCarthy for not allowed to fester until they erupt traveled to countries where tensions his service to the PFFM and my Com- into conflict. were rising, encouraged dialogue, and monwealth, and wish Bob and his wife made practical recommendations to f Dorothy all the very best in the years address underlying issues related to ahead. TRIBUTE TO ROBERT MCCARTHY ethnic tension. f He worked in Estonia and Latvia in Mr. BROWN of Massachusetts. the early 1990s to address the proc- Madam President, today I wish to rec- FRATERNAL BENEFIT SOCIETIES essing for acquiring citizenship—which ognize Robert McCarthy of Watertown, Mr. KOHL. Madam President, I rise at the time disadvantaged particularly MA, who is retiring after 23 years as today to praise the work of fraternal ethnic Russians in the newly inde- president of the Professional Fire benefit societies, little-known but crit- pendent states because of stringent Fighters of Massachusetts. As a fire ical nonprofit organizations that meet language testing. He was the OSCE fighter, Bob McCarthy fought to save the needs of millions of Americans day Chairmanship’s Personal Representa- lives and property from fires and acci- in and day out. There are over 9 mil- tive on Kosovo—although unfortu- dents. As head of the PFFM, Bob lion fraternal members across the nately his early warnings in 1997 and fought to protect and defend his 12,000 country. 1998 went unheeded by policymakers. PFFM brothers and sisters. Every day, their volunteers supple- His work on inter-ethnic relations and Thanks to his leadership, the Com- ment the social services provided by education in Macedonia resulted in the monwealth’s professional fire fighters overburdened government agencies—

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.012 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2620 CONGRESSIONAL RECORD — SENATE May 3, 2011 serving children, the elderly, veterans, sion remains true today. However, commanded more than 6,000 soldiers and others who need help. In the past since the terrorist attacks of Sep- and airmen, including more than 10,000 year alone, fraternal members invested tember 11, 2001, the members of the Na- West Virginia National Guard, soldiers, 91 million hours in community service tional Guard have pulled double duty, and airmen that have deployed since and contributed $400 million to chari- becoming the essential soldiers in our September 11, 2001 in support of the table programs. In the State of Wis- military missions overseas. global war on terrorism. consin, there are 252,232 fraternal mem- This new role for the Guard often General Tackett directed the West bers, and in the last year, these mem- means long and frequent deployments Virginia National Guard in response to bers spent over 4 million hours volun- away from home, disruption to civilian more than 80 emergencies in the State teering and donated over $25 million careers, and new readiness challenges of West Virginia. throughout the state. for the Guard’s leadership. For global General Tackett has served five Gov- Fraternal benefit societies are tax- peacekeeping missions in Bosnia, ernors of the State of West Virginia, exempt organizations that sell finan- Kosovo, and for the wars in Iraq and representing both political parties. cial products such as life insurance and Afghanistan, Guard leadership has to The West Virginia National Guard, annuities, and use the profits to meet ensure their troops have the right under the leadership of General community needs. From a small Fed- equipment at the right time, the prop- Tackett, rose from the rank of 24th in eral investment of $50 million a year, er training for uncommon dangers, and the United States in readiness to first over $400 million is put back directly as needed, be the glue that mends and in an 18-month period, has continued to into communities. A recent study holds together the families of Guard demonstrate its superior level of readi- found that fraternal benefit societies members. Under General Tackett’s ness as judged by the Army readiness criteria, and has remained at or near contribute more than $3 billion annu- leadership, the West Virginia National the top rank in readiness for 15 years. ally to society. The fraternal benefit Guard has received all this and more. Under the leadership of General With tenacious grace, the General societies leverage additional commu- Tackett, the West Virginia National asked for—and received—new training nity resources through fund matching Guard undertook a significant facilities, planes, new runways, and programs and by bringing people to- modernizaton program to ensure that congressional backing for family sup- gether to do good. These community modern facilities are constructed to needs would not be met without fra- port programs. meet the demands placed upon soldiers Under General Tackett’s leadership, ternal benefit societies, especially at and airmen in the 21st century, includ- the readiness of the West Virginia Na- this time of shrinking federal, state ing projects to replace outdated armor- tional Guard skyrocketed to the best and local resources. ies, build new hangars, acquire ramp in the Nation. From acting as a first-response net- space to protect the 130th Airlift Wing Under General Tackett’s leadership, work in the face of natural disasters, from the base realignment and closure the soldier, especially the new and to building homes for families in need, process, and to convert the Martins- uninitiated, took center stage. General to assisting families struggling with burg Air National Guard base for a Tackett believes a soldier’s success de- overwhelming medical bills, to pro- fleet of C–5s. viding scholarships to deserving stu- pends on higher education, the best Under the leadership of General dents, fraternals are dedicated to im- training, and personal initiative. Tackett, the Joint Interagency Train- proving the lives of their members, Under General Tackett’s guidance, ing and Education Center was built to families, and communities. future leaders of the West Virginia Na- provide homeland security training to Many of these societies have been tional Guard have a head start because Department of Defense assets, other around for over a century. They began, of his dogged support for the National Federal agencies, and first responders in large part to meet needs of immi- Guard Youth Challenge Program, the at Camp Dawson and the Memorial grant populations that could not other- Guard’s Tuition Assistance Program, Tunnel. As a result, he was described in wise be met—helping families when a and the technical skills program a 2001 U.S. News & World Report arti- breadwinner got sick or died; helping a known as Helmets to Hard Hats. cle as someone who could soon be ‘‘the community member find a place to And, under General Tackett’s leader- nation’s defacto chief of anti-terror stay or meet medical needs. While the ship and vision, our Nation’s Guard and preparedness.’’ organizations have evolved, today they Reserve components, Active-Duty serv- Under the leadership of General still meet needs that are otherwise not icemembers, and our first responders Tackett, the West Virginia National met. They help pay for medical bills, use state-of-the-art training resources Guard maintained 36 armories and was have scholarship funds, assist in neigh- at the Memorial Tunnel and Camp present in 34 communities. borhood playground builds, clean up Dawson to prepare defenses in response Under the leadership of General after disasters, stock food pantries and to 21st century national security Tackett, the West Virginia National bring meals to seniors. threats. Guard has had a significant positive I want to honor these groups during Like other Golden Gloves champions, economic impact across the State of their annual meeting. I want to take General Tackett struck his own path in West Virginia, including the addition the opportunity to thank the 9 million his youth; he honed his individual ath- of nearly 1,500 full-time jobs. fraternal members for all of the great letic skills and refined the meaning of Under the leadership of Major Gen- work they do around the country. a disciplined work ethic. His pride in eral Tackett, the West Virginia Na- his home State of West Virginia kept f tional Guard sponsored and operated him giving back to the Mountaineer the Mountaineer ChalleNGe Academy, ADDITIONAL STATEMENTS State with years of civilian successes which provides at-risk youth with an while rising in the ranks of the Special opportunity to earn a general edu- Forces. cation diploma. TRIBUTE TO MAJOR GENERAL His stellar leadership as Adjutant And, under the leadership of Major ALLEN E. TACKETT General for the West Virginia National General Tackett, 43 percent of the ∑ Mr. MANCHIN. Madam President, I Guard began on September 11, 1995, members of the West Virginia National would like to take this opportunity to under Governor Gaston Caperton. I Guard have earned a degree from an in- pay tribute to MG Allen E. Tackett, a would like to recall a list of his accom- stitution of higher education or are en- great West Virginian who shepherded plishments in order to recognize the rolled in an institution of higher edu- an evolutionary change in the role of contributions of MG Allen E. Tackett. cation and participate in the State of the West Virginia National Guard dur- Upon his retirement on January 31, West Virginia tuition assistance pro- ing his 15-year tenure as adjutant gen- 2011, MG Allen E. Tackett remains the gram. eral. longest serving Adjutant General in As his one-time commander, I am Across our Nation, the Guard mission the history of the State of West Vir- proud to share with the American peo- has been synonymous with being the ginia and the United States. ple General Tackett’s distinguished first on the scene for disaster relief and As Adjutant General of the West Vir- and exemplary career, to take this op- keeping the peace at home—that mis- ginia National Guard, General Tackett portunity to publicly thank him, and

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.008 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2621 to wish him continued success and fu- we, adults and children alike, turn to By Mr. GRAHAM: ture happiness in his well-deserved re- processed fast foods instead of eating S. 869. A bill to provide for an exchange of tirement.∑ nutritionally balanced meals. Our na- land between the Department of Homeland tional diet is, unfortunately, respon- Security and the South Carolina State Ports f Authority; to the Committee on Energy and sible for many unhealthy results, in- VERMONTS’ JUNIOR IRON CHEF Natural Resources. cluding a surge in both childhood obe- COMPETITION By Mr. TESTER: sity and childhood diabetes. Creative S. 870. A bill to amend the Federal Water ∑ Mr. SANDERS. Madam President, efforts like Vermont’s Junior Iron Chef Pollution Control Act to modify oil and haz- today I wish to honor the students who Competition are terribly important in ardous substance liability, and for other pur- participated in Vermont’s fourth an- the effort to effectively combat poses; to the Committee on Environment and nual Junior Iron Chef Competition. unhealthy diets and the rise of child- Public Works. Forty Vermont middle schools and 16 hood obesity and childhood diabetes. By Mr. COBURN (for himself, Mrs. FEINSTEIN, Mr. WEBB, Mr. BURR, Ms. Vermont high schools sent teams to To the Junior Iron Chef Competition the day-long event, a cooking competi- COLLINS, Mr. CARDIN, and Mr. RISCH): sponsors, Vermont’s agriculture com- S. 871. A bill to repeal the Volumetric Eth- tion which promotes local agriculture munity and its forward thinking school anol Excise Tax Credit; to the Committee on and healthy choices in school nutri- systems, to those who organized the Finance. tion. I was very impressed, when I at- event, to the adult supervisors, and es- By Mrs. FEINSTEIN: tended the competition, to see the cre- pecially to the Vermont students who S. 872. A bill to amend the Omnibus Indian ativity and energy the students participated in the Junior Iron Chef Advancement Act to modify the date as of brought to this endeavor. Competition, let me offer my congratu- which certain tribal land of the Lytton Rancheria of California is considered to be Vermont’s Junior Iron Chef Competi- lations.∑ tion brings aspiring chefs together for held in trust and to provide for the conduct f of certain activities on the land; to the Com- a timed ‘‘cook-off.’’ Middle schools face mittee on Indian Affairs. off in one division and high schools in MESSAGE FROM THE HOUSE By Mr. AKAKA: another. Each team is composed of up At 10:04 a.m., a message from the S. 873. A bill to amend title 38, United to five students and is accompanied by House of Representatives, delivered by States Code, to provide benefits for children an adult supervisor who is allowed to Mrs. Cole, one of its reading clerks, an- with spina bifida of veterans exposed to her- offer guidance but not take part in the nounced that the House has passed the bicides while serving in the Armed Forces actual cooking. during the Vietnam era outside Vietnam, following bills, in which it requests the and for other purposes; to the Committee on Contestants must use their culinary concurrence of the Senate: skills to create original school lunch Veterans’ Affairs. H.R. 362. An act to redesignate the Federal By Mr. AKAKA: dishes using at least five ingredients building and United States Courthouse lo- S. 874. A bill to amend title 38, United produced by local farmers. Prizes were cated at 200 East Wall Street in Midland, States Code, to modify the provision of com- awarded in three categories. I would Texas, as the ‘‘George H.W. Bush and George pensation and pension to surviving spouses like to recognize the winners from each W. Bush United States Courthouse and of veterans in the months of the deaths of category and commend the students George Mahon Federal Building’’. the veterans, to improve housing loan bene- from all competing schools for their H.R. 1423. An act to designate the facility fits for veterans, and for other purposes; to excellent effort. Teams from Twin Val- of the United States Postal Service located the Committee on Veterans’ Affairs. ley swept the Best in Show prizes; at 115 4th Avenue Southwest in Ardmore, By Mr. LAUTENBERG: Oklahoma, as the ‘‘Specialist Micheal E. S. 875. A bill to amend the Safe Drinking Team Murdock winning at the middle Phillips Post Office’’. Water Act to require additional monitoring school level and Hakuna Matata for f of certain contaminants, and for other pur- high school. The Barre City Chefs of poses; to the Committee on Environment and Barre City Elementary Middle School MEASURES REFERRED Public Works. won the award for Most Creative Dish The following bills were read the first By Mr. LAUTENBERG: for middle schools and the Food Fight- S. 876. A bill to amend title 23 and 49, and the second times by unanimous United States Code, to modify provisions re- ers from Centerpoint School won in the consent, and referred as indicated: high school category. The awards for lating to the length and weight limitations H.R. 362. An act to redesignate the Federal for vehicles operating on Federal-aid high- Greatest Number and Best Use of Local building and United States Courthouse lo- ways, and for other purposes; to the Com- Ingredients went to the Barretown cated at 200 East Wall Street in Midland, mittee on Environment and Public Works. Bobcats of Barre Town Middle School Texas, as the ‘‘George H.W. Bush and George f and the Rebel Chefs from South Bur- W. Bush United States Courthouse and lington High School. George Mahon Federal Building’’; to the SUBMISSION OF CONCURRENT AND In addition to extending education Committee on Environment and Public SENATE RESOLUTIONS Works. beyond the traditional classroom, I ad- The following concurrent resolutions mire the competition for promoting H.R. 1423. An act to designate the facility of the United States Postal Service located and Senate resolutions were read, and local agriculture and healthy eating at 115 4th Avenue Southwest in Ardmore, referred (or acted upon), as indicated: choices. Junior Iron Chef attempts to Oklahoma, as the ‘‘Specialist Micheal E. By Mr. REID (for himself, Mr. MCCON- change the often stale homogeneity of Phillips Post Office’’; to the Committee on NELL, Mr. AKAKA, Mr. ALEXANDER, school lunches by bolstering what is Homeland Security and Governmental Af- Ms. AYOTTE, Mr. BARRASSO, Mr. BAU- now a statewide effort, led by groups fairs. CUS, Mr. BEGICH, Mr. BENNET, Mr. like Vermont Food Education Every f BINGAMAN, Mr. BLUMENTHAL, Mr. Day, FEED, and the Burlington School BLUNT, Mr. BOOZMAN, Mrs. BOXER, Food Project. It attempts, successfully, INTRODUCTION OF BILLS AND Mr. BROWN of Massachusetts, Mr. to reconnect young Vermonters with JOINT RESOLUTIONS BROWN of Ohio, Mr. BURR, Ms. CANT- our state’s agricultural roots and to re- The following bills and joint resolu- WELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. CHAMBLISS, Mr. COATS, store a bond between our schools and tions were introduced, read the first Mr. COBURN, Mr. COCHRAN, Ms. COL- the food that Vermont produces. and second times by unanimous con- LINS, Mr. CONRAD, Mr. COONS, Mr. Vermont is, I believe, among the sent, and referred as indicated: CORKER, Mr. CORNYN, Mr. CRAPO, Mr. leaders in promoting small scale agri- By Mr. MENENDEZ: DEMINT, Mr. DURBIN, Mr. ENSIGN, Mr. culture. While Vermont has long been S. 867. A bill to fight criminal gangs; to the ENZI, Mrs. FEINSTEIN, Mr. FRANKEN, known for its dairy farms, smaller Committee on the Judiciary. Mrs. GILLIBRAND, Mr. GRAHAM, Mr. scale agriculture is growing rapidly in By Mr. HATCH (for himself, Mr. ALEX- GRASSLEY, Mrs. HAGAN, Mr. HARKIN, our State. ANDER, Mr. BARRASSO, Mr. BURR, Mr. Mr. HATCH, Mr. HOEVEN, Mrs. Scientific studies have shown that COBURN, Mr. CORNYN, Mr. JOHANNS, HUTCHISON, Mr. INHOFE, Mr. INOUYE, and Mr. KYL): Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- the health of Americans is threatened S. 868. A bill to restore the longstanding SON of Wisconsin, Mr. JOHNSON of by an overdependence on fast food, on partnership between the States and the Fed- South Dakota, Mr. KERRY, Mr. KIRK, sugar-enhanced drinks, on snacks low eral Government in managing the Medicaid Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, in nutrition and high in fats. Too often program; to the Committee on Finance. Ms. LANDRIEU, Mr. LAUTENBERG, Mr.

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MY6.032 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2622 CONGRESSIONAL RECORD — SENATE May 3, 2011 LEAHY, Mr. LEE, Mr. LEVIN, Mr. didates to file designations, state- (Mr. BLUNT) was added as a cosponsor LIEBERMAN, Mr. LUGAR, Mr. MANCHIN, ments, and reports in electronic form. of S. 570, a bill to prohibit the Depart- Mr. MCCAIN, Mrs. MCCASKILL, Mr. S. 253 ment of Justice from tracking and MENENDEZ, Mr. MERKLEY, Ms. MIKUL- At the request of Mr. ROCKEFELLER, cataloguing the purchases of multiple SKI, Mr. MORAN, Ms. MURKOWSKI, Mrs. rifles and shotguns. MURRAY, Mr. NELSON of Nebraska, the name of the Senator from New Jer- Mr. NELSON of Florida, Mr. PAUL, Mr. sey (Mr. MENENDEZ) was added as a co- S. 584 PORTMAN, Mr. PRYOR, Mr. REED, Mr. sponsor of S. 253, a bill to establish a At the request of Ms. MIKULSKI, the RISCH, Mr. ROBERTS, Mr. ROCKE- commission to ensure a suitable ob- name of the Senator from Massachu- FELLER, Mr. RUBIO, Mr. SANDERS, Mr. servance of the centennial of World setts (Mr. KERRY) was added as a co- SCHUMER, Mr. SESSIONS, Mrs. War I, and to designate memorials to sponsor of S. 584, a bill to establish the SHAHEEN, Mr. SHELBY, Ms. SNOWE, the service of men and women of the Social Work Reinvestment Commission Ms. STABENOW, Mr. TESTER, Mr. United States in World War I. to provide independent counsel to Con- THUNE, Mr. TOOMEY, Mr. UDALL of S. 325 gress and the Secretary of Health and Colorado, Mr. UDALL of New Mexico, Human Services on policy issues asso- Mr. VITTER, Mr. WARNER, Mr. WEBB, At the request of Mrs. MURRAY, the Mr. WHITEHOUSE, Mr. WICKER, and name of the Senator from Montana ciated with recruitment, retention, re- Mr. WYDEN): (Mr. TESTER) was added as a cosponsor search, and reinvestment in the profes- S. Res. 159. A resolution honoring the of S. 325, a bill to amend title 10, sion of social work, and for other pur- members of the military and intelligence United States Code, to require the pro- poses. community who carried out the mission that vision of behavioral health services to S. 587 killed Osama bin Laden, and for other pur- members of the reserve components of At the request of Mr. CASEY, the poses; submitted and read. name of the Senator from Maryland By Mr. BURR (for himself, Mrs. FEIN- the Armed Forces necessary to meet (Ms. MIKULSKI) was added as a cospon- STEIN, and Mrs. BOXER): pre-deployment and post-deployment S. Res. 160. A resolution designating May 6, readiness and fitness standards, and for sor of S. 587, a bill to amend the Safe 2011, as ‘‘Military Spouse Appreciation Day’’; other purposes. Drinking Water Act to repeal a certain exemption for hydraulic fracturing, considered and agreed to. S. 384 By Mr. LEAHY (for himself, Mr. and for other purposes. At the request of Mrs. FEINSTEIN, the GRASSLEY, and Mr. COONS): name of the Senator from North Da- S. 595 S. Res. 161. A resolution designating May At the request of Mrs. MURRAY, the kota (Mr. CONRAD) was added as a co- 2011, as ‘‘National Inventors Month’’; consid- name of the Senator from Idaho (Mr. ered and agreed to. sponsor of S. 384, a bill to amend title RISCH) was added as a cosponsor of S. 39, United States Code, to extend the f 595, a bill to amend title VIII of the El- authority of the United States Postal ementary and Secondary Education ADDITIONAL COSPONSORS Service to issue a semipostal to raise Act of 1965 to require the Secretary of funds for breast cancer research. S. 146 Education to complete payments under At the request of Mr. BAUCUS, the S. 490 such title to local educational agencies name of the Senator from Minnesota At the request of Mr. AKAKA, the eligible for such payments within 3 fis- (Ms. KLOBUCHAR) was added as a co- name of the Senator from Connecticut cal years. (Mr. BLUMENTHAL) was added as a co- sponsor of S. 146, a bill to amend the S. 596 sponsor of S. 490, a bill to amend title Internal Revenue Code of 1986 to extend At the request of Mr. WYDEN, the the work opportunity credit to certain 38, United States Code, to increase the names of the Senator from Massachu- maximum age for children eligible for recently discharged veterans. setts (Mr. BROWN), the Senator from medical care under the CHAMPVA pro- S. 164 Washington (Ms. CANTWELL) and the gram, and for other purposes. At the request of Ms. AYOTTE, her Senator from Ohio (Mr. BROWN) were name was added as a cosponsor of S. S. 491 added as cosponsors of S. 596, a bill to 164, a bill to repeal the imposition of At the request of Mr. PRYOR, the establish a grant program to benefit withholding on certain payments made name of the Senator from Montana victims of sex trafficking, and for to vendors by government entities. (Mr. TESTER) was added as a cosponsor other purposes. of S. 491, a bill to amend title 38, S. 211 S. 657 United States Code, to recognize the At the request of Mr. ISAKSON, the At the request of Mr. CARDIN, the service in the reserve components of name of the Senator from West Vir- name of the Senator from Arizona (Mr. the Armed Forces of certain persons by ginia (Mr. MANCHIN) was added as a co- KYL) was added as a cosponsor of S. 657, honoring them with status as veterans sponsor of S. 211, a bill to provide for a a bill to encourage, enhance, and inte- under law, and for other purposes. biennial budget process and a biennial grate Blue Alert plans throughout the S. 530 appropriations process and to enhance United States in order to disseminate At the request of Mrs. FEINSTEIN, the oversight and performance of the Fed- information when a law enforcement name of the Senator from New Jersey eral Government. officer is seriously injured or killed in (Mr. MENENDEZ) was added as a cospon- the line of duty. S. 214 sor of S. 530, a bill to modify certain S. 665 At the request of Mr. MENENDEZ, the subsidies for ethanol production, and At the request of Mr. BROWN of Ohio, name of the Senator from California for other purposes. the name of the Senator from Min- (Mrs. FEINSTEIN) was added as a co- S. 539 nesota (Mr. FRANKEN) was added as a sponsor of S. 214, a bill to amend the At the request of Mr. WHITEHOUSE, cosponsor of S. 665, a bill to promote Oil Pollution Act of 1990 to require oil the names of the Senator from Maine industry growth and competitiveness polluters to pay the full cost of oil (Ms. COLLINS), the Senator from Rhode and to improve worker training, reten- spills, and for other purposes. Island (Mr. REED), the Senator from tion, and advancement, and for other S. 215 New Mexico (Mr. BINGAMAN) and the purposes. At the request of Mr. MENENDEZ, the Senator from New York (Mr. SCHUMER) S. 668 name of the Senator from California were added as cosponsors of S. 539, a At the request of Mr. CORNYN, the (Mrs. FEINSTEIN) was added as a co- bill to amend the Public Health Serv- name of the Senator from Nebraska sponsor of S. 215, a bill to amend the ices Act and the Social Security Act to (Mr. JOHANNS) was added as a cospon- Internal Revenue Code of 1986 to re- extend health information technology sor of S. 668, a bill to remove unelected, quire oil polluters to pay the full cost assistance eligibility to behavioral unaccountable bureaucrats from sen- of oil spills, and for other purposes. health, mental health, and substance iors’ personal health decisions by re- S. 219 abuse professionals and facilities, and pealing the Independent Payment Ad- At the request of Mr. TESTER, the for other purposes. visory Board. name of the Senator from Oregon (Mr. S. 570 S. 712 MERKLEY) was added as a cosponsor of At the request of Mr. TESTER, the At the request of Mr. DEMINT, the S. 219, a bill to require Senate can- name of the Senator from Missouri name of the Senator from Arkansas

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.013 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2623 (Mr. BOOZMAN) was added as a cospon- S. 829 amendment No. 212 intended to be pro- sor of S. 712, a bill to repeal the Dodd- At the request of Mr. CARDIN, the posed to S. 493, a bill to reauthorize Frank Wall Street Reform and Con- name of the Senator from Massachu- and improve the SBIR and STTR pro- sumer Protection Act. setts (Mr. KERRY) was added as a co- grams, and for other purposes. S. 722 sponsor of S. 829, a bill to amend title AMENDMENT NO. 299 At the request of Mr. WYDEN, the XVIII of the Social Security Act to re- At the request of Ms. SNOWE, the name of the Senator from Kansas (Mr. peal the Medicare outpatient rehabili- name of the Senator from Florida (Mr. MORAN) was added as a cosponsor of S. tation therapy caps. RUBIO) was added as a cosponsor of 722, a bill to strengthen and protect S. 830 amendment No. 299 intended to be pro- Medicare hospice programs. At the request of Mrs. MURRAY, the posed to S. 493, a bill to reauthorize names of the Senator from Vermont and improve the SBIR and STTR pro- S. 745 (Mr. SANDERS) and the Senator from grams, and for other purposes. At the request of Mr. SCHUMER, the Ohio (Mr. BROWN) were added as co- name of the Senator from Oregon (Mr. f sponsors of S. 830, a bill to establish MERKLEY) was added as a cosponsor of STATEMENTS ON INTRODUCED partnerships to create or enhance edu- S. 745, a bill to amend title 38, United BILLS AND JOINT RESOLUTIONS cational and skills development path- States Code, to protect certain vet- ways to 21st century careers, and for By Mr. TESTER: erans who would otherwise be subject other purposes. S. 870. A bill to amend the Federal to a reduction in educational assist- S. 838 Water Pollution Control Act to modify ance benefits, and for other purposes. At the request of Mr. TESTER, the oil and hazardous substance liability, S. 747 name of the Senator from Louisiana and for other purposes; to the Com- At the request of Mr. CRAPO, the (Mr. VITTER) was added as a cosponsor mittee on Environment and Public names of the Senator from Utah (Mr. of S. 838, a bill to amend the Toxic Sub- Works. HATCH) and the Senator from Arkansas stances Control Act to clarify the ju- Mr. TESTER. Mr. President, on April (Mr. BOOZMAN) were added as cospon- risdiction of the Environmental Pro- 20, 2010, an explosion and fire destroyed sors of S. 747, a bill to amend title 23, tection Agency with respect to certain BP’s Deepwater Horizon oil rig, killing United States Code, with respect to ve- sporting good articles, and to exempt 11 workers and causing the largest oil hicle weight limitations applicable to those articles from a definition under spill in American history. the Interstate System, and for other that Act. A year later, the well is capped and Americans who live near and rely on purposes. S.J. RES. 4 the Gulf of Mexico are still struggling S. 752 At the request of Mr. SHELBY, the with the ramifications of the Deep- At the request of Mrs. FEINSTEIN, the name of the Senator from West Vir- water Horizon spill, while facing de- names of the Senator from California ginia (Mr. MANCHIN) was added as a co- struction from unprecedented storms (Mrs. BOXER) and the Senator from Vir- sponsor of S.J. Res. 4, a joint resolu- ripping across the region. Meantime, ginia (Mr. WEBB) were added as cospon- tion proposing an amendment to the BP, the second largest oil company in sors of S. 752, a bill to establish a com- Constitution of the United States the United States who just reported 7.1 prehensive interagency response to re- which requires (except during time of billion dollars in profits last quarter, is duce lung cancer mortality in a timely war and subject to suspension by Con- attempting to skirt their fines for this manner. gress) that the total amount of money unprecedented disaster. expended by the United States during S. 755 In early April, BP indicated it is ex- any fiscal year not exceed the amount At the request of Mr. WYDEN, the ploring wording in the Federal Water of certain revenue received by the name of the Senator from Massachu- Pollution Prevention Act or the Clean United States during such fiscal year setts (Mr. KERRY) was added as a co- Water Act which allows the court to and not to exceed 20 per cent of the sponsor of S. 755, a bill to amend the determine the fines by either the num- gross national product of the United Internal Revenue Code of 1986 to allow ber of days of the incident, or by the States during the previous calendar an offset against income tax refunds to number of barrels of oil spilled. Cur- year. pay for restitution and other State ju- rent law leaves the determination of dicial debts that are past due. S. RES. 80 which metric to use up to the court. In At the request of Mr. DURBIN, the S. 770 this case, the difference between these name of the Senator from Oregon (Mr. At the request of Mr. BROWN of Ohio, two metrics is enormous. At the low MERKLEY) was added as a cosponsor of the name of the Senator from Min- end, using the per-day charge of $32,500, S. Res. 80, a resolution condemning the nesota (Mr. FRANKEN) was added as a BP could pay less than $3 million for Government of Iran for its state-spon- cosponsor of S. 770, a bill to amend the the whole incident. This amount of sored persecution of its Baha’i minor- money isn’t sufficient to change BP’s Fair Labor Standards Act of 1938 to en- ity and its continued violation of the sure that employees are not safety culture and improve its work- International Covenants on Human place and environmental safety. misclassified as non-employees, and for Rights. other purposes. Per barrel fines range from $1,000 to S. RES. 116 $4,300 per barrel. Under this metric, S. 778 At the request of Mr. SCHUMER, the BP’s fines would total between $5 bil- At the request of Mr. MORAN, the name of the Senator from Washington lion and $18 billion, which is a much name of the Senator from Montana (Mrs. MURRAY) was added as a cospon- more appropriate fine for the environ- (Mr. TESTER) was added as a cosponsor sor of S. Res. 116, a resolution to pro- mental damage that was done. of S. 778, a bill to amend title XVIII of vide for expedited Senate consideration We must address this outrageous the Social Security Act with respect to of certain nominations subject to ad- loophole to prevent corporate polluters physician supervision of therapeutic vice and consent. from skirting accountability and re- hospital outpatient services. S. RES. 144 sponsibility if they wreak havoc on our S. 818 At the request of Mrs. HUTCHISON, the land and in our water. We must speak At the request of Mr. KERRY, the names of the Senator from Missouri the only language that corporations name of the Senator from Minnesota (Mr. BLUNT), the Senator from Mon- understand and that is profit. These (Ms. KLOBUCHAR) was added as a co- tana (Mr. TESTER), the Senator from fines, which are the only penalties the sponsor of S. 818, a bill to amend title Maine (Ms. SNOWE) and the Senator corporation cannot write off on their XVIII of the Social Security Act to from Hawaii (Mr. INOUYE) were added taxes, are critically important to send- count a period of receipt of outpatient as cosponsors of S. Res. 144, a resolu- ing a message that pollution doesn’t observation services in a hospital to- tion supporting early detection for profit; that corporations act respon- ward satisfying the 3-day inpatient breast cancer. sibly to protect workers and the re- hospital requirement for coverage of AMENDMENT NO. 212 sources they use. If we accept minimal skilled nursing facility services under At the request of Ms. AYOTTE, her fines, we are condoning this irrespon- Medicare. name was added as a cosponsor of sible behavior.

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.016 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2624 CONGRESSIONAL RECORD — SENATE May 3, 2011 Many will argue that we don’t need The Lytton Gaming Oversight Act ‘‘(b) DECLARATION.—The Secretary’’; and this legislation, because the court will would implement a reasonable solution (3) by striking the third sentence and in- fine them accordingly. But to date, the to this problem. serting the following: largest Clean Water Act fine ever lev- It does so by taking two simple steps. ‘‘(c) TREATMENT OF LAND FOR PURPOSES OF CLASS II GAMING.— ied was $13 million. $13 million is less It protects the sovereignty of the Tribe by ‘‘(1) IN GENERAL.—Subject to paragraph (2), than BP spent in 2009 on lobbying. allowing continued operation of existing notwithstanding any other provision of law, That is why I am introducing the gaming activities, provided the tribe follows the Lytton Rancheria of California may con- Pollution Accountability Act of 2011, standards established by the Indian Gaming duct activities for class II gaming (as defined which requires the court to fine viola- Regulatory Act for gaming on newly-ac- in section 4 of the Indian Gaming Regulatory quired lands in the future. tors of the Clean Water Act whichever Act (25 U.S.C. 2703)) on the land taken into Secondly it protects the interest of the trust under this section. fine is higher, per day or per barrel. If surrounding community by precluding any you pollute, there will be con- ‘‘(2) REQUIREMENT.—The Lytton Rancheria physical or operational expansion of the of California shall not expand the exterior sequences. There will be account- Tribe’s current gaming facility unless the physical measurements of any facility on the ability. We will demand responsibility. Tribe consults with locals and obtains the Lytton Rancheria in use for class II gaming I urge my colleagues to join me in consent of the Governor and the Secretary of activities on the date of enactment of this supporting this legislation and expedi- the Interior as required by current law. paragraph. tiously passing it into law. The bill does not modify or eliminate ‘‘(d) TREATMENT OF LAND FOR PURPOSES OF the tribe’s federal recognition status. CLASS III GAMING.—Notwithstanding sub- By Mrs. FEINSTEIN: It does not alter the trust status of the section (a), for purposes of class III gaming S. 872. A bill to amend the Omnibus Tribe’s land. It does not take away the (as defined in section 4 of the Indian Gaming Indian Advancement Act to modify the Tribe’s ability to conduct gaming Regulatory Act (25 U.S.C. 2703)), the land date as of which certain tribal land of taken into trust under this section shall be through the standard process pre- treated, for purposes of section 20 of the In- the Lytton Rancheria of California is scribed by current law. dian Gaming Regulatory Act (25 U.S.C. 2719), considered to be held in trust and to Circumventing the Indian Gaming as if the land was acquired on October 9, 2003, provide for the conduct of certain ac- Regulatory Act process deprives local the date on which the Secretary took the tivities on the land; to the Committee and tribal governments the ability to land into trust.’’. on Indian Affairs. weigh in on this incredibly important f Mrs. FEINSTEIN. Mr. President, I issue. rise today to reintroduce the Lytton A 2006 report entitled Gambling in SUBMITTED RESOLUTIONS Gaming Oversight Act. This legislation the Golden State found serious prob- will ensure that regular process under lems associated with gambling estab- SENATE RESOLUTION 159—HON- Federal law is followed when Native lishments; casinos are associated with ORING THE MEMBERS OF THE American tribes take land into trust a 10 percent increase in violent crime, MILITARY AND INTELLIGENCE for operating gaming facilities. a 10 percent increase in bankruptcy COMMUNITY WHO CARRIED OUT Congress passed the Omnibus Indian rates, and a per capita increase of THE MISSION THAT KILLED Advancement Act in 2000, which in- $15.34 for law enforcement. OSAMA BIN LADEN, AND FOR cluded a provision to re-recognize the If this bill is not approved, the OTHER PURPOSES Lytton Band of Pomo Indians and Lytton Tribe could take the existing allow them to acquire trust land in the casino that serves as their reservation Mr. REID of Nevada (for himself, Mr. San Francisco Bay area. and turn it into a large Nevada-style MCCONNELL, Mr. AKAKA, Mr. ALEX- The Lytton Band has had a long and gambling complex. In fact, this is ex- ANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. difficult history in my state, and by all actly what was proposed in the summer BAUCUS, Mr. BEGICH, Mr. BENNET, Mr. accounts the Tribe deserved to be rec- of 2004. I am pleased that the tribe has BINGAMAN, Mr. BLUMENTAL, Mr. BLUNT, ognized and have a homeland. abandoned the plan seeking a sizable Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN But the Omnibus Indian Advance- Class III casino, but without this legis- of Massachusetts, Mr. BROWN of Ohio, ment Act did so in a way that was both lation the tribe could reverse their de- Mr. BURR, Ms. CANTWELL, Mr. CARDIN, controversial and unfair in how it cision at any time. Mr. CARPER, Mr. CASEY, Mr. granted an individual tribe an unprece- Identical legislation passed this body CHAMBLISS, Mr. COATS, Mr. COBURN, dented exemption to the law. in the past two Congresses. It had Mr. COCHRAN, Ms. COLLINS, Mr. The land taken into trust for the unanimous approval from both Demo- CONRAD, Mr. COONS, Mr. CORKER, Mr. Lytton Band was miles away from crats and Republicans. This is in large CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. their historical homeland and it treat- part because I have worked and nego- DURBIN, Mr. ENSIGN, Mr. ENZI, Mrs. ed the acquisition as if it was com- tiated with the Tribe to ensure that FEINSTEIN, Mr. FRANKEN, Mrs. pleted before 1988. this legislation is fair and balanced. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Why would something like that mat- The bill is simple, straightforward, LEY, Mrs. HAGAN, Mr. HARKIN, Mr. ter? and reasonable. It restores the intent HATCH, Mr. HOEVEN, Mrs. HUTCHISON, The answer is simple: the land the of Congress and preserves the sov- Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, tribe acquired was home to an existing ereignty of the Lytton Band. Mr. JOHANNS, Mr. JOHNSON of Wis- casino and 1988 is the year that Con- I urge my colleagues to support this consin, Mr. JOHNSON of South Dakota, gress passed the Indian Gaming Regu- bill, and look forward to working with Mr. KERRY, Mr. KIRK, Ms. KLOBUCHAR, latory Act. you to ensure its passage again in the Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. Therefore, by treating the land as if coming year. LAUTENBERG, Mr. LEAHY, Mr. LEE, Mr. it were taken into trust before 1988, the There being no objection, the text of LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. Tribe is able to operate the casino out- the bill was ordered to be printed in MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, side the framework set up by Congress the RECORD, as follows: Mr. MENENDEZ, Mr. MERKLEY, Ms. to govern how and where tribes may S. 872 MILULSKI, Mr. MORAN, Ms. MURKOWSKI, open casinos. Be it enacted by the Senate and House of Rep- Mrs. MURRAY, Mr. NELSON of Nebraska, The Omnibus Indian Advancement resentatives of the United States of America in Mr. NELSON of Florida, Mr. PAUL, Mr. Act set aside well-established rules and Congress assembled, PORTMAN, Mr. PRYOR, Mr. REED of procedures, and left the government SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. Rhode Island, Mr. RISCH, Mr. ROBERTS, with little ability to regulate the Section 819 of the Omnibus Indian Ad- Mr. ROCKEFELLER, Mr. RUBIO, Mr. Lytton Band’s gaming operation. vancement Act (Public Law 106–568; 114 Stat. SANDERS, Mr. SCHUMER, Mr. SESSIONS, The result: the Lytton Band acquired 2919) is amended— Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, (1) in the first sentence, by striking ‘‘Not- land and a casino without having to go Ms. STABENOW, Mr. TESTER, Mr. THUNE, withstanding’’ and inserting the following: OOMEY DALL through the normal oversight process. ‘‘(a) ACCEPTANCE OF LAND.—Notwith- Mr. T , Mr. U of Colorado, No local input. No community feed- standing’’; Mr. UDALL of New Mexico, Mr. VITTER, back and no consideration for the best (2) in the second sentence, by striking Mr. WARNER, Mr. WEBB, Mr. interest of the region. ‘‘The Secretary’’ and inserting the following: WHITEHOUSE, Mr. WICKER, and Mr.

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.020 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2625 WYDEN) submitted the following reso- the United States and around the world who Whereas American inventors have contrib- lution; which was submitted and read: have been killed by other al Qaeda-sponsored uted to advances in life sciences, technology, attacks, the men and women of the United and manufacturing; S. RES. 159 States Armed Forces and the intelligence Whereas the Constitution specifically pro- Whereas, on May 1, 2011, United States per- community who have sacrificed their lives vides for the granting of exclusive rights to sonnel killed terrorist leader Osama bin pursuing Osama bin Laden and al Qaeda; inventors for their discoveries; Laden during the course of a targeted strike (2) commends the men and women of the Whereas the United States patent system against his secret compound in Abbottabad, United States Armed Forces and the United is intended to implement that constitutional Pakistan; States intelligence community for the tre- imperative and incentivize inventions; Whereas Osama bin Laden was the leader mendous commitment, perseverance, profes- Whereas American inventors benefit from of the al Qaeda terrorist organization, the sionalism, and sacrifice they displayed in an up-to-date and efficient patent system most significant terrorism threat to the bringing Osama bin Laden to justice; and the economy, jobs, and consumers of the United States and the international commu- (3) commends the men and women of the United States benefit from the inventions; nity; United States Armed Forces and the United Whereas the next great American inven- Whereas Osama bin Laden was the archi- States intelligence community for commit- tion could be among the 700,000 patent appli- tect of terrorist attacks which killed nearly ting themselves to defeating, disrupting, and cations pending as of the date of approval of 3,000 civilians on September 11, 2001, the dismantling al Qaeda; this resolution in the United States Patent most deadly terrorist attack against our Na- tion, in which al Qaeda terrorists hijacked (4) commends the President for ordering and Trademark Office; four airplanes and crashed them into the the successful operations to locate and Whereas the last changes to the United World Trade Center in New York City, the eliminate Osama bin Laden; and States patent system were made nearly 60 Pentagon in Washington, D.C., and, due to (5) reaffirms its commitment to disrupting, years ago; heroic efforts by civilian passengers to dis- dismantling, and defeating al Qaeda and af- Whereas an updated patent system will un- rupt the terrorists, near Shanksville, Penn- filiated organizations around the world that leash innovation and create jobs in the sylvania; threaten United States national security, United States without adding to the deficit; Whereas Osama bin Laden planned or sup- eliminating a safe haven for terrorists in Af- Whereas every May, a new class of inven- ported numerous other deadly terrorist at- ghanistan and Pakistan, and bringing terror- tors is inducted into the National Inventors tacks against the United States and its al- ists to justice. Hall of Fame; lies, including the 1998 bombings of United f Whereas in the 112th Congress, a bill was States embassies in Kenya and Tanzania and introduced in the House of Representatives the 2000 attack on the U.S.S. Cole in Yemen, SENATE RESOLUTION 160—DESIG- entitled the ‘‘America Invents Act’’ (H.R. and against innocent civilians in countries NATING MAY 6, 2011, AS ‘‘MILI- 1249) to make reforms to the United States around the world, including the 2004 attack TARY SPOUSE APPRECIATION patent system; and on commuter trains in Madrid, Spain and the DAY’’ Whereas the Senate on March 8, 2011, 2005 bombings of the mass transit system in passed the bill entitled the ‘‘America Invents Mr. BURR (for himself, Mrs. FEIN- London, England; Act’’ (S. 23), which will make the first com- Whereas, following the September 11, 2001, STEIN, and Mrs. BOXER) submitted the prehensive reforms to the United States pat- terrorist attacks, the United States, under following resolution; which was consid- ent system in nearly 60 years: Now, there- President George W. Bush, led an inter- ered and agreed to: fore, be it Resolved, That the Senate designates May national coalition into Afghanistan to dis- S. RES. 160 2011, as ‘‘National Inventors Month’’. mantle al Qaeda, deny them a safe haven in Whereas the month of May marks ‘‘Na- Afghanistan and ungoverned areas along the tional Military Appreciation Month’’; f Pakistani border, and bring Osama bin Whereas military spouses provide vital AMENDMENTS SUBMITTED AND Laden to justice; support to men and women in the Armed PROPOSED Whereas President Barack Obama in 2009 Forces and help to make the service of such committed additional forces and resources to men and women in the Armed Forces pos- SA 303. Mr. ALEXANDER (for himself, Mr. efforts in Afghanistan and Pakistan as ‘‘the sible; GRAHAM, and Mr. DEMINT) submitted an central front in our enduring struggle Whereas military spouses have been sepa- amendment intended to be proposed by him against terrorism and extremism’’; rated from loved ones because of deployment to the bill S. 493, to reauthorize and improve Whereas the valiant members of the United in support of overseas contingency oper- the SBIR and STTR programs, and for other States Armed Forces have courageously and ations and other military missions carried purposes; which was ordered to lie on the vigorously pursued al Qaeda and its affiliates out by the Armed Forces; table. in Afghanistan and around the world; Whereas the establishment of ‘‘Military SA 304. Mr. MERKLEY submitted an Whereas the anonymous, unsung heroes of Spouse Appreciation Day’’ is an appropriate amendment intended to be proposed by him the intelligence community have pursued al way to honor the spouses of members of the to the bill S. 493, supra; which was ordered to Qaeda and affiliates in Afghanistan, Paki- Armed Forces; and lie on the table. stan, and around the world with tremendous Whereas May 6, 2011, would be an appro- SA 305. Mr. MERKLEY submitted an dedication, sacrifice, and professionalism; priate date to establish as ‘‘Military Spouse amendment intended to be proposed by him Whereas the close collaboration between Appreciation Day’’: Now, therefore, be it to the bill S. 493, supra; which was ordered to the Armed Forces and the intelligence com- Resolved, That the Senate— lie on the table. munity prompted the Director of National (1) designates May 6, 2011, as ‘‘Military SA 306. Mr. MERKLEY submitted an Intelligence, General James Clapper, to Spouse Appreciation Day’’; amendment intended to be proposed by him state, ‘‘Never have I seen a more remarkable (2) honors and recognizes the contributions to the bill S. 493, supra; which was ordered to example of focused integration, seamless col- made by spouses of members of the Armed lie on the table. laboration, and sheer professional magnifi- Forces; and SA 307. Mr. MERKLEY submitted an cence as was demonstrated by the Intel- (3) encourages the people of the United amendment intended to be proposed by him ligence Community in the ultimate demise States to observe ‘‘Military Spouse Appre- to the bill S. 493, supra; which was ordered to of Osama bin Laden.’’; ciation Day’’ to promote awareness of the lie on the table. Whereas, while the death of Osama bin contributions of spouses of members of the SA 308. Mr. MERKLEY submitted an Laden represents a significant blow to the al Armed Forces and the importance of the role amendment intended to be proposed by him Qaeda organization and its affiliates and to of military spouses in the lives of members to the bill S. 493, supra; which was ordered to terrorist organizations around the world, of the Armed Forces and veterans. lie on the table. terrorism remains a critical threat to United SA 309. Mr. COBURN (for himself, Mrs. States national security; and f FEINSTEIN, Mr. BURR, Mr. WEBB, Ms. COLLINS, Whereas President Obama said, ‘‘For over SENATE RESOLUTION 161—DESIG- Mr. CARDIN, and Mr. RISCH) submitted an two decades, bin Laden has been al Qaeda’s NATING MAY 2011, AS ‘‘NATIONAL amendment intended to be proposed by him to the bill S. 493, supra; which was ordered to leader and symbol, and has continued to plot INVENTORS MONTH’’ attacks against our country and our friends lie on the table. and allies. The death of bin Laden marks the Mr. LEAHY (for himself, Mr. GRASS- SA 310. Mr. MCCAIN submitted an amend- most significant achievement to date in our LEY, and Mr. COONS) submitted the fol- ment intended to be proposed by him to the Nation’s effort to defeat al Qaeda.’’: Now, lowing resolution; which was consid- bill S. 493, supra; which was ordered to lie on therefore, be it ered and agreed to: the table. Resolved, That the Senate— SA 311. Mr. DEMINT submitted an amend- (1) declares that the death of Osama bin S. RES. 161 ment intended to be proposed by him to the Laden represents a measure of justice and re- Whereas the first United States patent was bill S. 493, supra; which was ordered to lie on lief for the families and friends of the nearly issued in 1790 to Samuel Hopkins of the the table. 3,000 men and women who lost their lives on State of Vermont for a process to make bet- SA 312. Mr. MCCAIN submitted an amend- September 11, 2001, the men and women in ter fertilizer; ment intended to be proposed by him to the

VerDate Mar 15 2010 02:00 May 04, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.021 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2626 CONGRESSIONAL RECORD — SENATE May 3, 2011 bill S. 493, supra; which was ordered to lie on (B) by striking ‘‘SBIR projects’’ and insert- developing, testing, producing, or manufac- the table. ing ‘‘SBIR or STTR projects’’; turing the product or service that is the sub- SA 313. Mr. MCCAIN submitted an amend- (C) in subparagraph (C), by striking ‘‘and’’ ject of the Phase III award in the United ment intended to be proposed by him to the at the end; States.’’. bill S. 493, supra; which was ordered to lie on (D) in subparagraph (D), by striking the pe- the table. riod at the end and inserting ‘‘; and’’; and SA 314. Mr. MERKLEY submitted an (E) by adding at the end the following: SA 308. Mr. MERKLEY submitted an amendment intended to be proposed by him ‘‘(E) developing and manufacturing in the amendment intended to be proposed by to the bill S. 493, supra; which was ordered to United States new commercial products and him to the bill S. 493, to reauthorize lie on the table. processes resulting from such projects.’’; and improve the SBIR and STTR pro- SA 315. Mr. MERKLEY submitted an grams, and for other purposes; which amendment intended to be proposed by him SA 305. Mr. MERKLEY submitted an was ordered to lie on the table; as fol- to the bill S. 493, supra; which was ordered to amendment intended to be proposed by lows: lie on the table. him to the bill S. 493, to reauthorize SA 316. Mr. MERKLEY submitted an On page 115, line 8, insert after ‘‘programs’’ amendment intended to be proposed by him and improve the SBIR and STTR pro- grams, and for other purposes; which the following: ‘‘, including the impact on to the bill S. 493, supra; which was ordered to production and manufacturing in the United was ordered to lie on the table; as fol- lie on the table. States’’. SA 317. Mr. KERRY (for himself, Mr. lows: LUGAR, and Mr. UDALL of Colorado) sub- On page 83, line 15, strike ‘‘and’’ and all mitted an amendment intended to be pro- that follows through line 22 and insert the SA 309. Mr. COBURN (for himself, posed by him to the bill S. 493, supra; which following: Mrs. FEINSTEIN, Mr. BURR, Mr. WEBB, was ordered to lie on the table . ‘‘(viii) the Federal agency to which the ap- Ms. COLLINS, Mr. CARDIN, and Mr. f plication is made, and contact information RISCH) submitted an amendment in- for the person or office within the Federal TEXT OF AMENDMENTS tended to be proposed by him to the agency that is responsible for reviewing ap- bill S. 493, to reauthorize and improve SA 303. Mr. ALEXANDER (for him- plications and making awards under the SBIR program or the STTR program; and the SBIR and STTR programs, and for self, Mr. GRAHAM, and Mr. DEMINT) other purposes; which was ordered to submitted an amendment intended to ‘‘(ix) whether the small business concern— ‘‘(I) has a product, process, technology, or lie on the table; as follows: be proposed by him to the bill S. 493, to service that received funding under the SBIR At the end of title V, add the following: reauthorize and improve the SBIR and or STTR program of a Federal agency and STTR programs, and for other pur- that is produced or delivered for sale to or SEC. lll. REPEAL OF VEETC. poses; which was ordered to lie on the use by the Federal Government or commer- (a) SHORT TITLE.—This section may be cial markets; and table; as follows: cited as the ‘‘Ethanol Subsidy and Tariff Re- ‘‘(II) for each product, process, technology, At the appropriate place, insert the fol- peal Act’’. lowing: or service described in subclause (I), is test- ing or producing the product, process, tech- (b) ELIMINATION OF EXCISE TAX CREDIT OR SEC. ll. PROTECTION OF RIGHT TO WORK. nology, or service in the United States;’’; PAYMENT.— (a) APPLICABILITY OF NLRA TO STATE (1) Section 6426(b)(6) of the Internal Rev- RIGHT TO WORK LAWS.—Section 14 of the Na- enue Code of 1986 is amended by striking tional Labor Relations Act (29 U.S.C. 164) is SA 306. Mr. MERKLEY submitted an amendment intended to be proposed by ‘‘December 31, 2011’’ and inserting ‘‘the later amended by striking subsection (b) and in- of June 30, 2011, or the date of the enactment him to the bill S. 493, to reauthorize serting the following: of the Ethanol Subsidy and Tariff Repeal ‘‘(b) Nothing in this Act shall be construed and improve the SBIR and STTR pro- Act)’’. to limit the application of any State law grams, and for other purposes; which (2) Section 6427(e)(6)(A) of such Code is that prohibits, or otherwise places restraints was ordered to lie on the table; as fol- amended by striking ‘‘December 31, 2011’’ and upon, agreements between labor organiza- lows: inserting ‘‘the later of June 30, 2011, or the tions and employers that make membership On page 90, line 10, strike ‘‘and’’ and all date of the enactment the Ethanol Subsidy in the labor organization, or that require the and Tariff Repeal Act’’. payment of dues or fees to such organization, that follows through line 13 and insert the a condition of employment either before or following: (c) ELIMINATION OF INCOME TAX CREDIT.— after hiring.’’. ‘‘(C) estimate, to the extent practicable, The table contained in section 40(h)(2) of the (b) APPLICABILITY OF RAILWAY LABOR ACT the number of jobs created by the SBIR pro- Internal Revenue Code of 1986 is amended— TO STATE RIGHT TO WORK LAWS.—Title II of gram or STTR program of the agency; (1) by striking ‘‘2011’’ and inserting ‘‘the the Railway Labor Act (45 U.S.C. 181 et seq.) ‘‘(D) estimate, to the extent practicable, later of June 30, 2011, or the date of the en- is amended by adding at the end the fol- the amount of production and manufacturing actment of the Ethanol Subsidy and Tariff lowing: in the United States that resulted from Repeal Act’’, ‘‘SEC. 209. EFFECT ON STATE RIGHT TO WORK awards under the SBIR program or STTR (2) by adding at the end the following: LAWS. program of the agency; and ‘‘Nothing in this Act shall be construed to ‘‘(E) make recommendations, if any, for limit the application of any State law that changes to the SBIR program or STTR pro- ‘‘After such date ...... zero zero’’. prohibits, or otherwise places restraints gram of the agency that would increase pro- upon, agreements between labor organiza- duction and manufacturing in the United tions and carriers that make membership in States. (d) REPEAL OF DEADWOOD.— the labor organization, or that require the (1) Section 40(h) of the Internal Revenue payment of dues or fees to such organization, SA 307. Mr. MERKLEY submitted an Code of 1986 is amended by striking para- a condition of employment either before or amendment intended to be proposed by graph (3). after hiring.’’. him to the bill S. 493, to reauthorize (2) Section 6426(b)(2) of such Code is amend- ed by striking subparagraph (C). and improve the SBIR and STTR pro- SA 304. Mr. MERKLEY submitted an grams, and for other purposes; which (e) EFFECTIVE DATE.—The amendments amendment intended to be proposed by made by this section shall apply to any sale, was ordered to lie on the table; as fol- use, or removal for any period after the later him to the bill S. 493, to reauthorize lows: and improve the SBIR and STTR pro- of June 30, 2011, or the date of the enactment On page 91, line 20, strike ‘‘and’’ and all grams, and for other purposes; which of the Act. that follows through line 22 and insert the SEC. lll. REMOVAL OF TARIFFS ON ETHANOL. was ordered to lie on the table; as fol- following: lows: ‘‘(3) the dollar amount of the Phase III (a) DUTY-FREE TREATMENT.—Chapter 98 of On page 49, line 16, strike ‘‘and’’ and all award; and the Harmonized Tariff Schedule of the that follows through line 18 and insert the ‘‘(4) whether the small business concern or United States is amended by adding at the following: individual receiving the Phase III award is end the following new subchapter:

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Rates of Duty Heading/ Sub- Article Description 1 heading 2 General Special

9823.01.01 Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alco- hol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%’’.

(b) CONFORMING AMENDMENTS.—Subchapter (4) a determination that the anticipated (A) the total number of Tribal or native I of chapter 99 of the Harmonized Tariff cost of the contract will be fair and reason- members employed under each contract; and Schedule of the United States is amended— able; and (B) the ratio of Tribal or native members (1) by striking heading 9901.00.50; and (5) such other matters as the Secretary to other individuals directly employed under (2) by striking U.S. notes 2 and 3. shall specify for purposes of this section. each contract. (c) EFFECTIVE DATE.—The amendments (d) ADJUSTMENT OF AMOUNTS.—The dollar made by this section apply to goods entered, amounts described in subsection (b) shall be SA 313. Mr. MCCAIN submitted an or withdrawn from warehouse for consump- adjusted for inflation in accordance with sec- amendment intended to be proposed by tion, on or after the later of June 30, 2011, or tion 1908 of title 41, United States Code. him to the bill S. 493, to reauthorize the date of the enactment of this Act. and improve the SBIR and STTR pro- SA 311. Mr. DEMINT submitted an amendment intended to be proposed by grams, and for other purposes; which SA 310. Mr. MCCAIN submitted an him to the bill S. 493, to reauthorize was ordered to lie on the table; as fol- amendment intended to be proposed by and improve the SBIR and STTR pro- lows: him to the bill S. 493, to reauthorize grams, and for other purposes; which At the end, add the following: and improve the SBIR and STTR pro- was ordered to lie on the table; as fol- SEC. 504. ALASKA NATIVE CORPORATIONS AND ALASKA NATIVE VILLAGES. grams, and for other purposes; which lows: was ordered to lie on the table; as fol- (a) IN GENERAL.—Section 29(e) of the Alas- At the appropriate place, insert the fol- ka Native Claims Settlement Act (43 U.S.C. lows: lowing: 1626(e)) is amended— At the end, add the following: SEC. ll. NATIONAL RIGHT-TO-WORK. (1) in paragraph (1), by striking ‘‘For all SEC. 504. PROHIBITION ON CERTAIN NO-BID CON- (a) AMENDMENTS TO THE NATIONAL LABOR purposes of’’ and inserting ‘‘Except as pro- TRACTS. RELATIONS ACT.— vided in paragraph (5), for all purposes of’’; (1) RIGHTS OF EMPLOYEES.—Section 7 of the (2) in paragraph (2), by striking ‘‘For all (a) DEFINITIONS.—In this section— National Labor Relations Act (29 U.S.C. 157) (1) the term ‘‘appropriate official’’ means purposes of’’ and inserting ‘‘Except as pro- is amended by striking ‘‘except to’’ and all the official of the Department who is des- vided in paragraph (5), for all purposes of’’; that follows through ‘‘authorized in section ignated to approve the award of sole-source and 8(a)(3)’’. contracts; (3) by adding at the end the following: (2) UNFAIR LABOR PRACTICES.—Section 8 of ‘‘(5) For purposes of sections 7(j)(10) and (2) the term ‘‘covered participant’’ means the National Labor Relations Act (29 U.S.C. 8(a) of the Small Business Act (15 U.S.C. an Indian tribe, Alaska Native Corporation 158) is amended— 636(j)(10) and 637(a)), whether a Native Cor- or Alaska Native Village, Native Hawaiian (A) in subsection (a)(3), by striking ‘‘: Pro- poration or Native village or a direct and in- Organization, or community development vided, That’’ and all that follows through direct subsidiary corporation, joint venture, corporation participating in the program ‘‘retaining membership’’; or partnership of a Native Corporation or under section 8(a) of the Small Business Act (B) in subsection (b)— Native village is economically disadvantaged (15 U.S.C. 637(a)); (i) in paragraph (2), by striking ‘‘or to dis- shall be determined in accordance with sec- (3) the term ‘‘Department’’ means the De- criminate’’ and all that follows through ‘‘re- tion 8(a)(6) of the Small Business Act.’’. partment of Homeland Security; and taining membership’’; and (b) STANDARDS.—Section 8(a)(6) of the (4) the term ‘‘Secretary’’ means the Sec- (ii) in paragraph (5), by striking ‘‘covered Small Business Act (15 U.S.C. 637(a)(6)) is retary of Homeland Security. by an agreement authorized under sub- amended— (b) IN GENERAL.—The Federal Acquisition section (a)(3) of this section’’; and (1) in subparagraph (A), in the third sen- Regulatory Council shall amend the Federal (C) in subsection (f), by striking clause (2) tence, by inserting ‘‘including an Alaska Na- Acquisition Regulation to provide that the and redesignating clauses (3) and (4) as tive Corporation or Alaska Native Village,’’ Secretary may not award a sole-source con- clauses (2) and (3), respectively. after ‘‘Indian tribe,’’; and tract under the program under section 8(a) of (b) AMENDMENT TO THE RAILWAY LABOR (2) by adding at the end the following: the Small Business Act (15 U.S.C. 637(a)) to a ACT.—Section 2 of the Railway Labor Act (45 ‘‘(F) For purposes of this subsection and covered participant for an amount exceeding U.S.C. 152) is amended by striking paragraph section 7(j)(10), the Administrator shall an- $4,000,000, if the covered contract is for the Eleven. nually determine whether an Alaska Native procurement of services, or $6,500,000 if the Corporation or Alaska Native Village is eco- covered contract is for the procurement of SA 312. Mr. MCCAIN submitted an nomically disadvantaged in the same man- property, unless— amendment intended to be proposed by ner as for an applicant for or participant in (1) the contracting officer for the contract him to the bill S. 493, to reauthorize the program under this subsection that— justifies the use of a sole-source contract in and improve the SBIR and STTR pro- ‘‘(i) is an Indian tribe; and writing; grams, and for other purposes; which ‘‘(ii) is not an Alaska Native Corporation (2) the justification is approved by the ap- or Alaska Native Village.’’. was ordered to lie on the table; as fol- (c) REGULATIONS.—Not later than 270 days propriate official designated to approve con- lows: tract awards for dollar amounts that are after the date of enactment of this Act, the comparable to the amount of the sole-source At the end, add the following: Administrator shall amend the regulations contract; and SEC. 504. OVERSIGHT BY THE SMALL BUSINESS issued under sections 7(j)(10) and 8(a) of the (3) the justification and related informa- ADMINISTRATION OF NO-BID CON- Small Business Act (15 U.S.C. 636(j)(10) and TRACTS AWARDED TO TRIBALLY- tion are made public. 637(a)) in accordance with this section and OWNED SMALL BUSINESS CON- the amendments made by this section, which (c) ELEMENTS OF JUSTIFICATION.—The jus- CERNS. shall include establishing criteria for deter- tification of a sole-source contract required The Administrator of the Small Business mining whether an Alaska Native Corpora- under subsection (b) shall include— Administration shall amend section 124.604 tion or Alaska Native Village is economi- (1) a description of the needs of the Depart- of title 13, Code of Federal Regulations, to cally disadvantaged. ment for the matters covered by the con- specify that the information required to be tract; submitted under such section 124.604— SA 314. Mr. MERKLEY submitted an (2) a specification of the statutory provi- (1) is required to be submitted to the Small amendment intended to be proposed by sion providing the exception from the re- Business Administration as part of any an- quirement to use competitive procedures in nual review submission made on or after him to the bill S. 493, to reauthorize entering into the contract; September 14, 2011; and and improve the SBIR and STTR pro- (3) a determination that the use of a sole- (2) shall include, for each contract entered grams, and for other purposes; which source contract is in the best interest of the into under the program under section 8(a) of was ordered to lie on the table; as fol- Department; the Small Business Act (15 U.S.C. 637(a))— lows:

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.034 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2628 CONGRESSIONAL RECORD — SENATE May 3, 2011 On page 116, strike lines 15 and 16 and in- ‘‘(II) for each product, process, technology, (D) in subparagraph (D), by striking the pe- sert the following: or service described in subclause (I), is test- riod at the end and inserting ‘‘; and’’; and SEC. 503. CREATING DOMESTIC MANUFACTURING ing or producing the product, process, tech- (E) by adding at the end the following: JOBS. nology, or service in the United States;’’. ‘‘(E) developing and manufacturing in the (a) TECHNICAL ASSISTANCE.—Section 9(q)(1) (f) EVALUATION BY NATIONAL ACADEMY OF United States new commercial products and of the Small Business Act (15 U.S.C. SCIENCIES.—Section 108(e)(1) of the Small processes resulting from such projects.’’; 638(q)(1)), as amended by this Act, is amend- Business Reauthorization Act of 2000 (15 (2) in paragraph (2), by striking ‘‘3 years’’ ed— U.S.C. 638 note), as added by this Act, is and inserting ‘‘5 years’’; and (1) in subparagraph (C), by striking ‘‘and’’ amended— (3) in paragraph (3)— at the end; (1) in subparagraph (B), by striking ‘‘and’’ (A) in subparagraph (A)— (2) in subparagraph (D), by striking the pe- at the end; (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; riod at the end and inserting ‘‘; and’’; and (2) in subparagraph (C), by striking the pe- and (3) by adding at the end the following: riod at the end and inserting ‘‘; and’’; and (ii) by striking ‘‘$4,000’’ and inserting ‘‘(E) developing and manufacturing in the (3) by adding at the end the following: ‘‘$5,000’’; United States new commercial products and ‘‘(D) estimate, to the extent practicable, (B) by striking subparagraph (B) and in- processes resulting from such projects.’’; the amount of production and manufacturing serting the following: (b) SBIR DATA COLLECTION.—Section in the United States that resulted from ‘‘(B) PHASE II.—A Federal agency described 9(g)(8)(A) of the Small Business Act, as added awards under the SBIR program or STTR in paragraph (1) may— by this Act, is amended— program of the agency; and ‘‘(i) provide to the recipient of a Phase II (1) in clause (vi), by striking ‘‘or’’ at the ‘‘(E) make recommendations, if any, for SBIR or STTR award, through a vendor se- end; changes to the SBIR program or STTR pro- (2) in clause (vii), by striking ‘‘and’’ at the lected under paragraph (2), the services de- gram of the agency that would increase pro- scribed in paragraph (1), in an amount equal end and inserting ‘‘or’’; and duction and manufacturing in the United (3) by adding at the end the following: to not more than $5,000 per year; or States.’’. ‘‘(ii) authorize the recipient of a Phase II ‘‘(viii)(I) has a product, process, tech- (g) TECHNOLOGY INSERTION REPORTING RE- SBIR or STTR award to purchase the serv- nology, or service that received funding QUIREMENTS.—Section 9(ii) of the Small Busi- under the SBIR program of the Federal agen- ness Act, as added by this Act, is amended— ices described in paragraph (1), in an amount cy and that is produced or delivered for sale (1) in paragraph (2), by striking ‘‘and’’ at equal to not more than $5,000 per year, which to or use by the Federal Government or com- the end; shall be in addition to the amount of the re- mercial markets; and (2) in paragraph (3), by striking the period cipient’s award.’’; and ‘‘(II) for each product, process, technology, at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: or service described in subclause (I), is test- (3) by adding at the end the following: ‘‘(C) FLEXIBILITY.—In carrying out sub- ing or producing the product, process, tech- ‘‘(4) whether the small business concern or paragraphs (A) and (B), each Federal agency nology, or service in the United States; individual receiving the Phase III award is shall provide the allowable amounts to a re- and’’. developing, testing, producing, or manufac- cipient that meets the eligibility require- (c) STTR DATA COLLECTION.—Section turing the product or service that is the sub- ments under the applicable subparagraph, if 9(o)(9)(A) of the Small Business Act, as added ject of the Phase III award in the United the recipient requests to seek technical as- by this Act, is amended— States.’’. sistance from an individual or entity other (1) in clause (vi), by striking ‘‘or’’ at the (h) INTERAGENCY POLICY COMMITTEE.—In than the vendor selected under paragraph (2) end; addition to the duties established under sec- by the Federal agency. (2) in clause (vii), by striking ‘‘and’’ at the tion 314 of this Act, the Interagency SBIR/ ‘‘(D) LIMITATION.—A Federal agency may end and inserting ‘‘or’’; and STTR Policy Committee established under not— (3) by adding at the end the following: section 314 of this Act shall identify ways for ‘‘(i) use the amounts authorized under sub- ‘‘(viii)(I) has a product, process, tech- Federal agencies to create incentives for re- paragraph (A) or (B) unless the vendor se- nology, or service that received funding cipients of awards under the SBIR program lected under paragraph (2) provides the tech- under the STTR program of the Federal and the STTR program to carry out re- nical assistance to the recipient; or agency and that is produced or delivered for search, development, testing, production, ‘‘(ii) enter a contract with a vendor under sale to or use by the Federal Government or and manufacturing in the United States. paragraph (2) under which the amount pro- commercial markets; and (i) REPORT ON PROGRAM GOALS.—Section vided for technical assistance is based on ‘‘(II) for each product, process, technology, 9(ll)(1)(C) of the Small Business Act, as total number of Phase I or Phase II awards.’’. added by this Act, is amended by inserting or service described in subclause (I), is test- SEC. 203. COMMERCIALIZATION READINESS PRO- ing or producing the product, process, tech- before the period at the end the following: ‘‘, GRAM AT DEPARTMENT OF DE- nology, or service in the United States; including the impact on production and man- FENSE. and’’. ufacturing in the United States’’. (d) PUBLIC DATABASE.—Section 9(k)(1)(F) of (j) COMMERCIALIZATION READINESS PILOT (a) IN GENERAL.—Section 9(y) of the Small the Small Business Act, as added by this PROGRAM FOR CIVILIAN AGENCIES.—Section Business Act (15 U.S.C. 638(y)) is amended— Act, is amended— 9(ff) of the Small Business Act, as added by (1) in the subsection heading, by striking (1) in clause (iv), by striking ‘‘or’’ at the this Act, is amended— ‘‘PILOT’’ and inserting ‘‘READINESS’’; end; (1) by redesignating paragraphs (5), (6), and (2) by striking ‘‘Pilot’’ each place that (2) in clause (v), by striking the period at (7) as paragraphs (6), (7), and (8), respec- term appears and inserting ‘‘Readiness’’; the end and inserting ‘‘; or’’; and tively; and (3) in paragraph (1)— (3) by adding at the end the following: (2) by inserting after paragraph (4) the fol- (A) by inserting ‘‘or Small Business Tech- ‘‘(vi)(I) has a product, process, technology, lowing: nology Transfer Program’’ after ‘‘Small or service that received funding under the ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In Business Innovation Research Program’’; SBIR or STTR program of the Federal agen- carrying out a pilot program, the head of a and cy and that is produced or delivered for sale covered Federal agency shall give preference (B) by adding at the end the following: to or use by the Federal Government or com- to applicants that intend to test, develop, ‘‘The authority to create and administer a mercial markets; and manufacture or commercialize a product or Commercialization Readiness Program under ‘‘(II) for each product, process, technology, service in the United States.’’. this subsection may not be construed to or service described in subclause (I), is test- SEC. 504. COMPETITIVE SELECTION PROCE- eliminate or replace any other SBIR pro- ing or producing the product, process, tech- DURES FOR SBIR AND STTR PRO- gram or STTR program that enhances the nology, or service in the United States.’’. GRAMS. insertion or transition of SBIR or STTR (e) GOVERNMENT DATABASE.—Section technologies, including any such program in 9(k)(2)(A) of the Small Business Act (15 SA 315. Mr. MERKLEY submitted an effect on the date of enactment of the Na- U.S.C. 638(k)(2)(A)), as amended by this Act, amendment intended to be proposed by tional Defense Authorization Act for Fiscal is amended— him to the bill S. 493, to reauthorize Year 2006 (Public Law 109–163; 119 Stat. (1) in clause (vii), by striking ‘‘and’’ at the and improve the SBIR and STTR pro- 3136).’’; end; (4) in paragraph (2), by inserting ‘‘or Small (2) in clause (viii), by adding ‘‘and’’ at the grams, and for other purposes; which Business Technology Transfer Program’’ end; and was ordered to lie on the table; as fol- after ‘‘Small Business Innovation Research (3) by adding at the end the following: lows: Program’’; ‘‘(ix) whether the small business concern— On page 49, line 16, strike ‘‘and’’ and all (5) by striking paragraphs (5) and (6); and ‘‘(I) has a product, process, technology, or that follows through page 115, line 8, and in- (6) by inserting after paragraph (4) the fol- service that received funding under the SBIR sert the following: lowing: or STTR program of a Federal agency and (B) by striking ‘‘SBIR projects’’ and insert- ‘‘(5) INSERTION INCENTIVES.—For any con- that is produced or delivered for sale to or ing ‘‘SBIR or STTR projects’’; tract with a value of not less than use by the Federal Government or commer- (C) in subparagraph (C), by striking ‘‘and’’ $100,000,000, the Secretary of Defense is au- cial markets; and at the end; thorized to—

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.036 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2629 ‘‘(A) establish goals for the transition of established for Phase II awards under sub- the National Academy of Science entitled Phase III technologies in subcontracting section (j)(2)(D) or (p)(2)(B)(ix). ‘An Assessment of the Small Business Inno- plans; and ‘‘(4) REGISTRATION.—Any applicant that re- vation Research Program at the NIH’. ‘‘(B) require a prime contractor on such a ceives an award under a pilot program shall ‘‘(c) PILOT PROGRAM.— contract to report the number and dollar register with the Administrator in a registry ‘‘(1) IN GENERAL.—The Director of the SBIR amount of contracts entered into by that that is available to the public. program of the NIH may initiate a pilot pro- prime contractor for Phase III SBIR or ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In gram, under a formal mechanism for design- STTR projects. carrying out a pilot program, the head of a ing, implementing, and evaluating pilot pro- ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY covered Federal agency shall give preference grams, to spur innovation and to test new INSERTION.—The Secretary of Defense shall— to applicants that intend to test, develop, or strategies that may enhance the develop- ‘‘(A) set a goal to increase the number of manufacture a product or service in the ment of cures and therapies. Phase II SBIR contracts and the number of United States. ‘‘(2) CONSIDERATIONS.—The Director of the Phase II STTR contracts awarded by that ‘‘(6) REPORT.—The head of each covered SBIR program of the NIH may consider con- Secretary that lead to technology transition Federal agency shall include in the annual ducting a pilot program to include individ- into programs of record or fielded systems; report of the covered Federal agency to the uals with successful SBIR program experi- ‘‘(B) use incentives in effect on the date of Administrator an analysis of the various ac- ence in study sections, hiring individuals enactment of the SBIR/STTR Reauthoriza- tivities considered for inclusion in the pilot with small business development experience tion Act of 2011, or create new incentives, to program of the covered Federal agency and a for staff positions, separating the commer- encourage agency program managers and statement of the reasons why each activity cial and scientific review processes, and ex- prime contractors to meet the goal under considered was included or not included, as amining the impact of the trend toward larg- subparagraph (A); and the case may be. er awards on the overall program. ‘‘(d) REPORT TO CONGRESS.—The Director of ‘‘(C) include in the annual report to Con- ‘‘(7) TERMINATION.—The authority to estab- the NIH shall submit an annual report to gress the percentage of contracts described lish a pilot program under this section ex- Congress and the advisory board on the ac- in subparagraph (A) awarded by that Sec- pires at the end of fiscal year 2014. tivities of the SBIR program of the NIH retary, and information on the ongoing sta- ‘‘(8) DEFINITIONS.—In this subsection— tus of projects funded through the Commer- under this section. ‘‘(A) the term ‘covered Federal agency’— ‘‘(e) SBIR GRANTS AND CONTRACTS.— cialization Readiness Program and efforts to ‘‘(i) means a Federal agency participating ‘‘(1) IN GENERAL.—In awarding grants and transition these technologies into programs in the SBIR program or the STTR program; contracts under the SBIR program of the of record or fielded systems.’’. and NIH each SBIR program manager shall em- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) does not include the Department of phasize applications that identify products, MENT.—Section 9(i)(1) of the Small Business Defense; and Act (15 U.S.C. 638(i)(1)) is amended by insert- processes, technologies, and services that ‘‘(B) the term ‘pilot program’ means the may enhance the development of cures and ing ‘‘(including awards under subsection program established under paragraph (1).’’. (y))’’ after ‘‘the number of awards’’. therapies. SEC. 205. ACCELERATING CURES. SEC. 204. COMMERCIALIZATION READINESS ‘‘(2) EXAMINATION OF COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN (a) IN GENERAL.—The Small Business Act AND OTHER METRICS.—The advisory board AGENCIES. (15 U.S.C. 631 et seq.) is amended by inserting shall evaluate the implementation of the re- Section 9 of the Small Business Act (15 after section 42, as redesignated by section quirement under paragraph (1) by examining U.S.C. 638), as amended by this Act, is 201 of this Act, the following: increased commercialization and other amended by adding at the end the following: ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- metrics, to be determined and collected by ‘‘(ff) PILOT PROGRAM.— SEARCH PROGRAM. the SBIR program of the NIH. ‘‘(1) AUTHORIZATION.—The head of each cov- ‘‘(a) NIH CURES PILOT.— ‘‘(3) PHASE I AND II.—To the greatest extent ered Federal agency may allocate not more ‘‘(1) ESTABLISHMENT.—An independent ad- practicable, the Director of the SBIR pro- than 10 percent of the funds allocated to the visory board shall be established at the Na- gram of the NIH shall reduce the time period SBIR program and the STTR program of the tional Academy of Sciences (in this section between Phase I and Phase II funding of covered Federal agency— referred to as the ‘advisory board’) to con- grants and contracts under the SBIR pro- ‘‘(A) for awards for technology develop- duct periodic evaluations of the SBIR pro- gram of the NIH to 90 days. ment, testing, and evaluation of SBIR and gram (as that term is defined in section 9) of ‘‘(f) LIMIT.—Not more than a total of 1 per- STTR Phase II technologies; or each of the National Institutes of Health (re- cent of the extramural budget (as defined in ‘‘(B) to support the progress of research or ferred to in this section as the ‘NIH’) insti- section 9 of the Small Business Act (15 U.S.C. research and development conducted under tutes and centers for the purpose of improv- 638)) of the NIH for research or research and the SBIR or STTR programs to Phase III. ing the management of the SBIR program development may be used for the pilot pro- ‘‘(2) APPLICATION BY FEDERAL AGENCY.— through data-driven assessment. gram under subsection (c) and to carry out ‘‘(A) IN GENERAL.—A covered Federal agen- ‘‘(2) MEMBERSHIP.— subsection (e).’’. cy may not establish a pilot program unless ‘‘(A) IN GENERAL.—The advisory board shall (b) PROSPECTIVE REPEAL.—Effective 5 years the covered Federal agency makes a written consist of— after the date of enactment of this Act, the application to the Administrator, not later ‘‘(i) the Director of the NIH; Small Business Act (15 U.S.C. 631 et seq.) is than 90 days before to the first day of the fis- ‘‘(ii) the Director of the SBIR program of amended— cal year in which the pilot program is to be the NIH; (1) by striking section 43, as added by sub- established, that describes a compelling rea- ‘‘(iii) senior NIH agency managers, se- section (a); and son that additional investment in SBIR or lected by the Director of NIH; (2) by redesignating sections 44 and 45 as STTR technologies is necessary, including ‘‘(iv) industry experts, selected by the sections 43 and 44, respectively. unusually high regulatory, systems integra- Council of the National Academy of Sciences SEC. 206. FEDERAL AGENCY ENGAGEMENT WITH tion, or other costs relating to development in consultation with the Associate Adminis- SBIR AND STTR AWARDEES THAT HAVE BEEN AWARDED MULTIPLE or manufacturing of identifiable, highly trator for Technology of the Administration PHASE I AWARDS BUT HAVE NOT promising small business technologies or a and the Director of the Office of Science and BEEN AWARDED PHASE II AWARDS. class of such technologies expected to sub- Technology Policy; and Section 9 of the Small Business Act (15 stantially advance the mission of the agen- ‘‘(v) owners or operators of small business U.S.C. 638), as amended by this Act, is cy. concerns that have received an award under amended by adding at the end the following: ‘‘(B) DETERMINATION.—The Administrator the SBIR program of the NIH, selected by ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL shall— the Associate Administrator for Technology AGENCY ENGAGEMENT WITH CERTAIN PHASE I ‘‘(i) make a determination regarding an ap- of the Administration. SBIR AND STTR AWARDEES.— plication submitted under subparagraph (A) ‘‘(B) NUMBER OF MEMBERS.—The total num- ‘‘(1) DEFINITION.—In this subsection, the not later than 30 days before the first day of ber of members selected under clauses (iii), term ‘covered awardee’ means a small busi- the fiscal year for which the application is (iv), and (v) of subparagraph (A) shall not ex- ness concern that— submitted; ceed 10. ‘‘(A) has received multiple Phase I awards ‘‘(ii) publish the determination in the Fed- ‘‘(C) EQUAL REPRESENTATION.—The total over multiple years, as determined by the eral Register; and number of members of the advisory board se- head of a Federal agency, under the SBIR ‘‘(iii) make a copy of the determination lected under clauses (i), (ii), (iii), and (iv) of program or the STTR program of the Federal and any related materials available to the subparagraph (A) shall be equal to the num- agency; and Committee on Small Business and Entrepre- ber of members of the advisory board se- ‘‘(B) has not received a Phase II award— neurship of the Senate and the Committee lected under subparagraph (A)(v). ‘‘(i) under the SBIR program or STTR pro- on Small Business of the House of Represent- ‘‘(b) ADDRESSING DATA GAPS.—In order to gram, as the case may be, of the Federal atives. enhance the evidence-base guiding SBIR pro- agency described in subparagraph (A); or ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The gram decisions and changes, the Director of ‘‘(ii) relating to a Phase I award described head of a covered Federal agency may not the SBIR program of the NIH shall address in subparagraph (A) under the SBIR program make an award under a pilot program in ex- the gaps and deficiencies in the data collec- or the STTR program of another Federal cess of 3 times the dollar amounts generally tion concerns identified in the 2007 report of agency.

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‘‘(2) PERFORMANCE MEASURES.—The head of (bb) by striking ‘‘the second phase’’ and in- (iii) in paragraph (2), by striking ‘‘third each Federal agency that participates in the serting ‘‘Phase II’’; and phase’’ and inserting ‘‘Phase III’’; and SBIR program or the STTR program shall (V) in subparagraph (H)— (I) in subsection (u)(2)(B), by striking ‘‘the develop performance measures for any cov- (aa) by striking ‘‘the first phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; and ered awardee relating to commercializing re- serting ‘‘Phase I’’; (2) in section 34(c)(2)(B)(vii) (15 U.S.C. search or research and development activi- (bb) by striking ‘‘second phase’’ each place 657e(c)(2)(B)(vii)), as redesignated by section ties under the SBIR program or the STTR it appears and inserting ‘‘Phase II’’; and 201 of this Act, by striking ‘‘third phase’’ and program of the Federal agency.’’. (cc) by striking ‘‘third phase’’ and insert- inserting ‘‘Phase III’’. SEC. 207. CLARIFYING THE DEFINITION OF ing ‘‘Phase III’’; and SEC. 208. SHORTENED PERIOD FOR FINAL DECI- ‘‘PHASE III’’. (iii) in paragraph (3)— SIONS ON PROPOSALS AND APPLICA- TIONS. (a) PHASE III AWARDS.—Section 9(e) of the (I) in subparagraph (A)— (a) IN GENERAL.—Section 9 of the Small Small Business Act (15 U.S.C. 638(e)) is (aa) by striking ‘‘the first phase (as de- Business Act (15 U.S.C. 638) is amended— amended— scribed in subsection (e)(4)(A))’’ and insert- ing ‘‘Phase I’’; (1) in subsection (g)(4)— (1) in paragraph (4)(C), in the matter pre- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; ceding clause (i), by inserting ‘‘for work that (bb) by striking ‘‘the second phase (as de- scribed in subsection (e)(4)(B))’’ and insert- (B) by adding ‘‘and’’ after the semicolon at derives from, extends, or completes efforts the end; and made under prior funding agreements under ing ‘‘Phase II’’; and (cc) by striking ‘‘the third phase (as de- (C) by adding at the end the following: the SBIR program’’ after ‘‘phase’’; ‘‘(B) make a final decision on each pro- (2) in paragraph (6)(C), in the matter pre- scribed in subsection (e)(4)(C))’’ and inserting ‘‘Phase III’’; and posal submitted under the SBIR program— ceding clause (i), by inserting ‘‘for work that (II) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on derives from, extends, or completes efforts ond phase’’ and inserting ‘‘Phase II’’; which the solicitation closes; or made under prior funding agreements under (C) in subsection (k)— ‘‘(ii) if the Administrator authorizes an ex- the STTR program’’ after ‘‘phase’’; (i) by striking ‘‘first phase’’ each place it tension for a solicitation, not later than 180 (3) in paragraph (8), by striking ‘‘and’’ at appears and inserting ‘‘Phase I’’; and days after the date on which the solicitation the end; (ii) by striking ‘‘second phase’’ each place closes;’’; and (4) in paragraph (9), by striking the period it appears and inserting ‘‘Phase II’’; (2) in subsection (o)(4)— at the end and inserting a semicolon; and (D) in subsection (l)(2)— (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; (5) by adding at the end the following: (i) by striking ‘‘the first phase’’ and insert- (B) by adding ‘‘and’’ after the semicolon at ‘‘(10) the term ‘commercialization’ ing ‘‘Phase I’’; and the end; and means— (ii) by striking ‘‘the second phase’’ and in- (C) by adding at the end the following: ‘‘(A) the process of developing products, serting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- processes, technologies, or services; and (E) in subsection (o)(13)— posal submitted under the STTR program— ‘‘(B) the production and delivery of prod- (i) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on ucts, processes, technologies, or services for ond phase’’ and inserting ‘‘Phase II’’; and which the solicitation closes; or sale (whether by the originating party or by (ii) in subparagraph (C), by striking ‘‘third ‘‘(ii) if the Administrator authorizes an ex- others) to or use by the Federal Government phase’’ and inserting ‘‘Phase III’’; tension for a solicitation, not later than 180 or commercial markets;’’. (F) in subsection (p)— days after the date on which the solicitation (b) TECHNICAL AND CONFORMING AMEND- (i) in paragraph (2)(B)— closes;’’. MENTS.—The Small Business Act (15 U.S.C. (I) in clause (vi)— (b) NIH PEER REVIEW PROCESS.— 631 et seq.) is amended— (aa) by striking ‘‘the second phase’’ and in- (1) IN GENERAL.—Section 9 of the Small (1) in section 9 (15 U.S.C. 638)— serting ‘‘Phase II’’; and Business Act (15 U.S.C. 638), as amended by (A) in subsection (e)— (bb) by striking ‘‘the third phase’’ and in- this Act, is amended by adding at the end (i) in paragraph (4)(C)(ii), by striking ‘‘sci- serting ‘‘Phase III’’; and the following: entific review criteria’’ and inserting (II) in clause (ix)— ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- ‘‘merit-based selection procedures’’; (aa) by striking ‘‘the first phase’’ and in- rector of the National Institutes of Health (ii) in paragraph (9), by striking ‘‘the sec- serting ‘‘Phase I’’; and may make an award under the SBIR program ond or the third phase’’ and inserting ‘‘Phase (bb) by striking ‘‘the second phase’’ and in- or the STTR program of the National Insti- II or Phase III’’; and serting ‘‘Phase II’’; and tutes of Health if the application for the (iii) by adding at the end the following: (ii) in paragraph (3)— award has undergone technical and scientific ‘‘(11) the term ‘Phase I’ means— (I) by striking ‘‘the first phase (as de- peer review under section 492 of the Public ‘‘(A) with respect to the SBIR program, the scribed in subsection (e)(6)(A))’’ and insert- Health Service Act (42 U.S.C. 289a).’’. first phase described in paragraph (4)(A); and ing ‘‘Phase I’’; (2) TECHNICAL AND CONFORMING AMEND- ‘‘(B) with respect to the STTR program, (II) by striking ‘‘the second phase (as de- MENTS.—Section 105 of the National Insti- the first phase described in paragraph (6)(A); scribed in subsection (e)(6)(B))’’ and insert- tutes of Health Reform Act of 2006 (42 U.S.C. ‘‘(12) the term ‘Phase II’ means— ing ‘‘Phase II’’; and 284n) is amended— ‘‘(A) with respect to the SBIR program, the (III) by striking ‘‘the third phase (as de- (A) in subsection (a)(3)— second phase described in paragraph (4)(B); scribed in subsection (e)(6)(A))’’ and insert- (i) by striking ‘‘A grant’’ and inserting and ing ‘‘Phase III’’; ‘‘Except as provided in section 9(hh) of the ‘‘(B) with respect to the STTR program, (G) in subsection (q)(3)— Small Business Act (15 U.S.C. 638(hh)), a the second phase described in paragraph (i) in subparagraph (A)— grant’’; and (6)(B); and (I) in the subparagraph heading, by strik- (ii) by striking ‘‘section 402(k)’’ and all ‘‘(13) the term ‘Phase III’ means— ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; that follows through ‘‘Act)’’ and inserting ‘‘(A) with respect to the SBIR program, the and ‘‘section 402(l) of such Act’’; and third phase described in paragraph (4)(C); and (II) by striking ‘‘first phase’’ and inserting (B) in subsection (b)(5)— ‘‘(B) with respect to the STTR program, ‘‘Phase I’’; and (i) by striking ‘‘A grant’’ and inserting the third phase described in paragraph (ii) in subparagraph (B)— ‘‘Except as provided in section 9(hh) of the (6)(C).’’; (I) in the subparagraph heading, by strik- Small Business Act (15 U.S.C. 638(hh)), a (B) in subsection (j)— ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE grant’’; and (i) in paragraph (1)(B), by striking ‘‘phase II’’; and (ii) by striking ‘‘section 402(k)’’ and all two’’ and inserting ‘‘Phase II’’; (II) by striking ‘‘second phase’’ and insert- that follows through ‘‘Act)’’ and inserting (ii) in paragraph (2)— ing ‘‘Phase II’’; ‘‘section 402(l) of such Act’’. (I) in subparagraph (B)— (H) in subsection (r)— TITLE III—OVERSIGHT AND EVALUATION (aa) by striking ‘‘the third phase’’ each (i) in the subsection heading, by striking SEC. 301. STREAMLINING ANNUAL EVALUATION place it appears and inserting ‘‘Phase III’’; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; REQUIREMENTS. and (ii) in paragraph (1)— Section 9(b) of the Small Business Act (15 (bb) by striking ‘‘the second phase’’ and in- (I) in the first sentence— U.S.C. 638(b)), as amended by section 102 of serting ‘‘Phase II’’; (aa) by striking ‘‘for the second phase’’ and this Act, is amended— (II) in subparagraph (D)— inserting ‘‘for Phase II’’; (1) in paragraph (7)— (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- (A) by striking ‘‘STTR programs, including serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and the data’’ and inserting the following: (bb) by striking ‘‘the second phase’’ and in- (cc) by striking ‘‘second phase period’’ and ‘‘STTR programs, including— serting ‘‘Phase II’’; inserting ‘‘Phase II period’’; and ‘‘(A) the data’’; (III) in subparagraph (F), by striking ‘‘the (II) in the second sentence— (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), third phase’’ and inserting ‘‘Phase III’’; (aa) by striking ‘‘second phase’’ and insert- the number’’ and all that follows through (IV) in subparagraph (G)— ing ‘‘Phase II’’; and ‘‘under each of the SBIR and STTR pro- (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- grams, and a description’’ and inserting the serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and following: ‘‘(g)(8) and (o)(9); and

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.026 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2631 ‘‘(B) the number of proposals received under the SBIR program of the Federal agen- (1) in subparagraph (D), by striking ‘‘and’’ from, and the number and total amount of cy and that is produced or delivered for sale at the end; awards to, HUBZone small business concerns to or use by the Federal Government or com- (2) in subparagraph (E), by striking the pe- and firms with venture capital investment mercial markets; and riod at the end and inserting ‘‘; and’’; and (including those majority-owned by multiple ‘‘(II) for each product, process, technology, (3) by adding at the end the following: venture capital operating companies) under or service described in subclause (I), is test- ‘‘(F) for each small business concern that each of the SBIR and STTR programs; ing or producing the product, process, tech- has received a Phase I or Phase II SBIR or ‘‘(C) a description of the extent to which nology, or service in the United States; and STTR award from a Federal agency, whether each Federal agency is increasing outreach ‘‘(B) a justification statement from the the small business concern— and awards to firms owned and controlled by agency, if an awardee receives an award in ‘‘(i) has venture capital and, if so, whether women and social or economically disadvan- an amount that is more than the award the small business concern is registered as taged individuals under each of the SBIR and guidelines under this section;’’. majority-owned by multiple venture capital STTR programs; SEC. 303. DATA COLLECTION FROM AGENCIES operating companies as required under sub- ‘‘(D) general information about the imple- FOR STTR. section (cc)(4); mentation of, and compliance with the allo- Section 9(o) of the Small Business Act (15 ‘‘(ii) is owned by a woman or has a woman cation of funds required under, subsection U.S.C. 638(o)) is amended by striking para- as a principal investigator; (cc) for firms owned in majority part by ven- graph (9) and inserting the following: ‘‘(iii) is owned by a socially or economi- ture capital operating companies and par- ‘‘(9) collect annually, and maintain in a cally disadvantaged individual or has a so- ticipating in the SBIR program; common format in accordance with the sim- cially or economically disadvantaged indi- ‘‘(E) a detailed description of appeals of plified reporting requirements under sub- vidual as a principal investigator; Phase III awards and notices of noncompli- section (v), such information from applicants ‘‘(iv) received assistance under the FAST ance with the SBIR Policy Directive and the and awardees as is necessary to assess the program under section 34, as in effect on the STTR Policy Directive filed by the Adminis- STTR program outputs and outcomes, in- day before the date of enactment of the trator with Federal agencies; and cluding information necessary to maintain SBIR/STTR Reauthorization Act of 2011, or ‘‘(F) a description’’; and the database described in subsection (k), in- the outreach program under subsection (s); (2) by inserting after paragraph (7) the fol- cluding— ‘‘(v) is owned by a faculty member or a stu- lowing: ‘‘(A) whether an applicant or awardee— dent of an institution of higher education, as ‘‘(8) to coordinate the implementation of ‘‘(i) has venture capital or is majority- that term is defined in section 101 of the electronic databases at each of the Federal owned by multiple venture capital operating Higher Education Act of 1965 (20 U.S.C. 1001); agencies participating in the SBIR program companies, and, if so— or or the STTR program, including the tech- ‘‘(I) the amount of venture capital that the ‘‘(vi)(I) has a product, process, technology, nical ability of the participating agencies to applicant or awardee has received as of the or service that received funding under the electronically share data;’’. date of the application or award, as applica- SBIR or STTR program of the Federal agen- SEC. 302. DATA COLLECTION FROM AGENCIES ble; and cy and that is produced or delivered for sale FOR SBIR. ‘‘(II) the amount of additional capital that to or use by the Federal Government or com- Section 9(g) of the Small Business Act (15 mercial markets; and U.S.C. 638(g)) is amended— the applicant or awardee has invested in the ‘‘(II) for each product, process, technology, (1) by striking paragraph (10); SBIR technology; or service described in subclause (I), is test- (2) by redesignating paragraphs (8) and (9) ‘‘(ii) has an investor that— ing or producing the product, process, tech- as paragraphs (9) and (10), respectively; and ‘‘(I) is an individual who is not a citizen of (3) by inserting after paragraph (7) the fol- the United States or a lawful permanent nology, or service in the United States.’’. lowing: resident of the United States, and if so, the SEC. 305. GOVERNMENT DATABASE. ‘‘(8) collect annually, and maintain in a name of any such individual; or Section 9(k) of the Small Business Act (15 common format in accordance with the sim- ‘‘(II) is a person that is not an individual U.S.C. 638(k)) is amended— plified reporting requirements under sub- and is not organized under the laws of a (1) in paragraph (2)— section (v), such information from awardees State or the United States, and if so the (A) in the matter preceding subparagraph as is necessary to assess the SBIR program, name of any such person; (A), by striking ‘‘Not later’’ and all that fol- including information necessary to maintain ‘‘(iii) is owned by a woman or has a woman lows through ‘‘Act of 2000’’ and inserting the database described in subsection (k), in- as a principal investigator; ‘‘Not later than 90 days after the date of en- cluding— ‘‘(iv) is owned by a socially or economi- actment of the SBIR/STTR Reauthorization ‘‘(A) whether an awardee— cally disadvantaged individual or has a so- Act of 2011’’; ‘‘(i) has venture capital or is majority- cially or economically disadvantaged indi- (B) by striking subparagraph (C); owned by multiple venture capital operating vidual as a principal investigator; (C) by redesignating subparagraphs (A) and companies, and, if so— ‘‘(v) received assistance under the FAST (B) as subparagraphs (B) and (C), respec- ‘‘(I) the amount of venture capital that the program under section 34 or the outreach tively; awardee has received as of the date of the program under subsection (s); (D) by inserting before subparagraph (B), award; and ‘‘(vi) is a faculty member or a student of as so redesignated, the following: ‘‘(II) the amount of additional capital that an institution of higher education, as that ‘‘(A) contains, for each small business con- the awardee has invested in the SBIR tech- term is defined in section 101 of the Higher cern that applies for, submits a proposal for, nology; Education Act of 1965 (20 U.S.C. 1001); or receives an award under Phase I or Phase ‘‘(ii) has an investor that— ‘‘(vii) is located in a State in which the II of the SBIR program or the STTR pro- ‘‘(I) is an individual who is not a citizen of total value of contracts awarded to small gram— the United States or a lawful permanent business concerns under all STTR programs ‘‘(i) the name, size, and location, and an resident of the United States, and if so, the is less than the total value of contracts identifying number assigned by the Adminis- name of any such individual; or awarded to small business concerns in a ma- tration of the small business concern; ‘‘(II) is a person that is not an individual jority of other States, as determined by the ‘‘(ii) an abstract of the project; and is not organized under the laws of a Administrator in biennial fiscal years, begin- ‘‘(iii) the specific aims of the project; State or the United States, and if so the ning with fiscal year 2008, based on the most ‘‘(iv) the number of employees of the small name of any such person; recent statistics compiled by the Adminis- business concern; ‘‘(iii) is owned by a woman or has a woman trator; or ‘‘(v) the names of key individuals that will as a principal investigator; ‘‘(viii)(I) has a product, process, tech- carry out the project; ‘‘(iv) is owned by a socially or economi- nology, or service that received funding ‘‘(vi) the percentage of effort each indi- cally disadvantaged individual or has a so- under the STTR program of the Federal vidual described in clause (iv) will contribute cially or economically disadvantaged indi- agency and that is produced or delivered for to the project; vidual as a principal investigator; sale to or use by the Federal Government or ‘‘(vii) whether the small business concern ‘‘(v) received assistance under the FAST commercial markets; and is majority-owned by multiple venture cap- program under section 34, as in effect on the ‘‘(II) for each product, process, technology, ital operating companies; day before the date of enactment of the or service described in subclause (I), is test- ‘‘(viii) the Federal agency to which the ap- SBIR/STTR Reauthorization Act of 2011, or ing or producing the product, process, tech- plication is made, and contact information the outreach program under subsection (s); nology, or service in the United States; and for the person or office within the Federal ‘‘(vi) is a faculty member or a student of ‘‘(B) if an awardee receives an award in an agency that is responsible for reviewing ap- an institution of higher education, as that amount that is more than the award guide- plications and making awards under the term is defined in section 101 of the Higher lines under this section, a statement from SBIR program or the STTR program; and Education Act of 1965 (20 U.S.C. 1001); the agency that justifies the award ‘‘(ix) whether the small business concern— ‘‘(vii) is located in a State described in amount;’’. ‘‘(I) has a product, process, technology, or subsection (u)(3); or SEC. 304. PUBLIC DATABASE. service that received funding under the SBIR ‘‘(viii)(I) has a product, process, tech- Section 9(k)(1) of the Small Business Act or STTR program of a Federal agency and nology, or service that received funding (15 U.S.C. 638(k)(1)) is amended— that is produced or delivered for sale to or

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TECHNOLOGY INSERTION REPORTING ates of the awardee; means— REQUIREMENTS. ‘‘(iv) the number of employees of the (1) for the first report submitted under this Section 9 of the Small Business Act (15 awardee; section, the period beginning on October 1, U.S.C. 638), as amended by this Act, is ‘‘(v) the number of employees of the affili- 2005, and ending on September 30 of the last amended by adding at the end the following: ates of the awardee; and full fiscal year before the date of enactment ‘‘(ii) PHASE III REPORTING.—The annual ‘‘(vi) the names of, and the percentage of of this Act for which information is avail- SBIR or STTR report to Congress by the Ad- ownership of the awardee held by— able; and ministration under subsection (b)(7) shall in- ‘‘(I) any individual who is not a citizen of (2) for the second and each subsequent re- clude, for each Phase III award made by the the United States or a lawful permanent port submitted under this section, the pe- Federal agency— resident of the United States; or riod— ‘‘(1) the name of the agency or component ‘‘(II) any person that is not an individual (A) beginning on October 1 of the first fis- of the agency or the non-Federal source of and is not organized under the laws of a cal year after the end of the most recent full capital making the Phase III award; State or the United States;’’; fiscal year relating to which a report under ‘‘(2) the name of the small business con- (G) in subparagraph (E), as so redesignated, this section was submitted; and cern or individual receiving the Phase III by striking ‘‘and’’ at the end; award; (H) in subparagraph (F), as so redesignated, (B) ending on September 30 of the last full fiscal year before the date of the report. ‘‘(3) the dollar amount of the Phase III by striking the period at the end and insert- award; and SEC. 307. CONTINUED EVALUATION BY THE NA- ing ‘‘; and’’; and ‘‘(4) whether the small business concern or (I) by adding at the end the following: TIONAL ACADEMY OF SCIENCES. Section 108 of the Small Business Reau- individual receiving the Phase III award is ‘‘(G) includes a timely and accurate list of developing, testing, producing, or manufac- any individual or small business concern thorization Act of 2000 (15 U.S.C. 638 note) is amended by adding at the end the following: turing the product or service that is the sub- that has participated in the SBIR program ject of the Phase III award in the United ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- or STTR program that has committed fraud, States.’’. waste, or abuse relating to the SBIR pro- THORITY.— SEC. 309. INTELLECTUAL PROPERTY PROTEC- ‘‘(1) IN GENERAL.—Not later than 6 months gram or STTR program.’’; and TIONS. after the date of enactment of the SBIR/ (2) in paragraph (3), by adding at the end (a) IN GENERAL.—The Comptroller General STTR Reauthorization Act of 2011, the head the following: of the United States shall conduct a study of of each agency described in subsection (a), in ‘‘(C) GOVERNMENT DATABASE.—Not later the SBIR program to assess whether— consultation with the Small Business Ad- than 60 days after the date established by a (1) Federal agencies comply with the data ministration, shall cooperatively enter into Federal agency for submitting applications rights protections for SBIR awardees and the an agreement with the National Academy of or proposals for a Phase I or Phase II award technologies of SBIR awardees under section Sciences for the National Research Council under the SBIR program or STTR program, 9 of the Small Business Act (15 U.S.C. 638); to, not later than 4 years after the date of the head of the Federal agency shall submit (2) the laws and policy directives intended enactment of the SBIR/STTR Reauthoriza- to the Administrator the data required under to clarify the scope of data rights, including tion Act of 2011, and every 4 years there- paragraph (2) with respect to each small in prototypes and mentor-prote´ge´ relation- after— business concern that applies or submits a ships and agreements with Federal labora- ‘‘(A) continue the most recent study under proposal for the Phase I or Phase II award.’’. tories, are sufficient to protect SBIR award- this section relating to— SEC. 306. ACCURACY IN FUNDING BASE CALCULA- ees; and ‘‘(i) the issues described in subparagraphs TIONS. (3) there is an effective grievance tracking (A), (B), (C), and (E) of subsection (a)(1); and (a) IN GENERAL.—Not later than 1 year process for SBIR awardees who have griev- ‘‘(ii) the effectiveness of the government after the date of enactment of this Act, and ances against a Federal agency regarding every year thereafter until the date that is 5 and public databases described in section data rights and a process for resolving those years after the date of enactment of this 9(k) of the Small Business Act (15 U.S.C. grievances. Act, the Comptroller General of the United 638(k)) in reducing vulnerabilities of the (b) REPORT.—Not later than 18 months States shall— SBIR program and the STTR program to after the date of enactment of this Act, the (1) conduct a fiscal and management audit fraud, waste, and abuse, particularly with re- Comptroller General shall submit to the of the SBIR program and the STTR program spect to Federal agencies funding duplicative Committee on Small Business and Entrepre- for the applicable period to— proposals and business concerns falsifying neurship of the Senate and the Committee (A) determine whether Federal agencies information in proposals; on Small Business of the House of Represent- comply with the expenditure amount re- ‘‘(B) make recommendations with respect atives a report regarding the study con- quirements under subsections (f)(1) and (n)(1) to the issues described in subparagraph ducted under subsection (a). of section 9 of the Small Business Act (15 (A)(ii) and subparagraphs (A), (D), and (E) of SEC. 310. OBTAINING CONSENT FROM SBIR AND U.S.C. 638), as amended by this Act; subsection (a)(2); STTR APPLICANTS TO RELEASE (B) assess the extent of compliance with ‘‘(C) estimate, to the extent practicable, CONTACT INFORMATION TO ECO- the requirements of section 9(i)(2) of the the number of jobs created by the SBIR pro- NOMIC DEVELOPMENT ORGANIZA- Small Business Act (15 U.S.C. 638(i)(2)) by gram or STTR program of the agency; and TIONS. Federal agencies participating in the SBIR ‘‘(D) estimate, to the extent practicable, Section 9 of the Small Business Act (15 program or the STTR program and the Ad- the amount of production and manufacturing U.S.C. 638), as amended by this Act, is ministration; in the United States that resulted from amended by adding at the end the following:

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‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- Administrator shall issue rules to carry out this Act, the Administrator shall amend the MATION TO ORGANIZATIONS.— this subsection.’’. SBIR Policy Directive and the STTR Policy ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— (b) TECHNICAL AND CONFORMING AMEND- Directive to include measures to prevent Each Federal agency required by this section MENTS.— fraud, waste, and abuse in the SBIR program to conduct an SBIR program or an STTR (1) IN GENERAL.—Section 9 of the Small and the STTR program. program shall enable a small business con- Business Act (15 U.S.C. 638) is amended— (B) CONTENT OF AMENDMENTS.—The amend- cern that is an SBIR applicant or an STTR (A) in subsection (f)(2)(A), as so designated ments required under subparagraph (A) shall applicant to indicate to the Federal agency by section 103(2) of this Act, by striking include— whether the Federal agency has the consent ‘‘shall not’’ and all that follows through (i) definitions or descriptions of fraud, of the concern to— ‘‘make available for the purpose’’ and insert- waste, and abuse; ‘‘(A) identify the concern to appropriate ing ‘‘shall not make available for the pur- (ii) a requirement that the Inspectors Gen- local and State-level economic development pose’’; and eral of each Federal agency that participates organizations as an SBIR applicant or an (B) in subsection (y), as amended by sec- in the SBIR program or the STTR program STTR applicant; and tion 203— cooperate to— ‘‘(B) release the contact information of the (i) by striking paragraph (4); (I) establish fraud detection indicators; concern to such organizations. (ii) by redesignating paragraphs (5) and (6) (II) review regulations and operating pro- ‘‘(2) RULES.—The Administrator shall es- as paragraphs (4) and (5), respectively. cedures of the Federal agencies; tablish rules to implement this subsection. (2) TRANSITIONAL RULE.—Notwithstanding (III) coordinate information sharing be- The rules shall include a requirement that a the amendments made by paragraph (1), sub- tween the Federal agencies; and Federal agency include in the SBIR and section (f)(2)(A) and (y)(4) of section 9 of the (IV) improve the education and training of, STTR application a provision through which Small Business Act (15 U.S.C. 638), as in ef- and outreach to— the applicant can indicate consent for pur- fect on the day before the date of enactment (aa) administrators of the SBIR program poses of paragraph (1).’’. of this Act, shall continue to apply to each and the STTR program of each Federal agen- SEC. 311. PILOT TO ALLOW FUNDING FOR ADMIN- Federal agency until the effective date of the cy; ISTRATIVE, OVERSIGHT, AND CON- performance criteria established by the Ad- (bb) applicants to the SBIR program or the TRACT PROCESSING COSTS. ministrator under subsection (kk)(2) of sec- STTR program; and (a) IN GENERAL.—Section 9 of the Small tion 9 of the Small Business Act, as added by (cc) recipients of awards under the SBIR Business Act (15 U.S.C. 638), as amended by subsection (a). this Act, is amended by adding at the end program or the STTR program; (3) PROSPECTIVE REPEAL.—Effective on the (iii) guidelines for the monitoring and the following: first day of the fourth full fiscal year fol- SSISTANCE FOR ADMINISTRATIVE, oversight of applicants to and recipients of ‘‘(kk) A lowing the date of enactment of this Act, OVERSIGHT, AND CONTRACT PROCESSING awards under the SBIR program or the STTR section 9 of the Small Business Act (15 U.S.C. COSTS.— program; and 638), as amended by paragraph (1) of this sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), (iv) a requirement that each Federal agen- tion, is amended— for the 3 full fiscal years beginning after the cy that participates in the SBIR program or (A) in subsection (f)(2)(A), by striking date of enactment of this subsection, the Ad- STTR program include the telephone number ‘‘shall not make available for the purpose’’ ministrator shall allow each Federal agency of the hotline established under paragraph and inserting the following: ‘‘shall not— required to conduct an SBIR program to use (2)— ‘‘(i) use any of its SBIR budget established not more than 3 percent of the funds allo- (I) on the Web site of the Federal agency; pursuant to paragraph (1) for the purpose of cated to the SBIR program of the Federal and funding administrative costs of the program, agency for— (II) in any solicitation or notice of funding including costs associated with salaries and ‘‘(A) the administration of the SBIR pro- opportunity issued by the Federal agency for expenses; or gram or the STTR program of the Federal the SBIR program or the STTR program. ‘‘(ii) make available for the purpose’’; and agency; (2) FRAUD, WASTE, AND ABUSE PREVENTION (B) in subsection (y)— ‘‘(B) the provision of outreach and tech- HOTLINE.— (i) by redesignating paragraphs (4) and (5) nical assistance relating to the SBIR pro- (A) HOTLINE ESTABLISHED.—The Adminis- as paragraphs (5) and (6), respectively; and gram or STTR program of the Federal agen- trator shall establish a telephone hotline (ii) by inserting after paragraph (3) the fol- cy, including technical assistance site visits that allows individuals to report fraud, lowing: and personnel interviews; waste, and abuse in the SBIR program or ‘‘(4) FUNDING.— ‘‘(C) the implementation of commercializa- STTR program. ‘‘(A) IN GENERAL.—The Secretary of De- tion and outreach initiatives that were not (B) PUBLICATION.—The Administrator shall fense and each Secretary of a military de- in effect on the date of enactment of this include the telephone number for the hotline partment may use not more than an amount subsection; established under subparagraph (A) on the equal to 1 percent of the funds available to ‘‘(D) carrying out the program under sub- Web site of the Administration. the Department of Defense or the military section (y); (b) STUDY AND REPORT.— department pursuant to the Small Business ‘‘(E) activities relating to oversight and (1) STUDY.—Not later than 1 year after the Innovation Research Program for payment congressional reporting, including the waste, date of enactment of this Act, and every 3 of expenses incurred to administer the Com- fraud, and abuse prevention activities de- years thereafter, the Comptroller General of mercialization Pilot Program under this sub- scribed in section 313(a)(1)(B)(ii) of the SBIR/ the United States shall— section. STTR Reauthorization Act of 2011; (A) conduct a study that evaluates— ‘‘(B) LIMITATIONS.—The funds described in ‘‘(F) targeted reviews of recipients of (i) the implementation by each Federal subparagraph (A)— awards under the SBIR program or STTR agency that participates in the SBIR pro- ‘‘(i) shall not be subject to the limitations program of the Federal agency that the head gram or the STTR program of the amend- on the use of funds in subsection (f)(2); and of the Federal agency determines are at high ments to the SBIR Policy Directive and the ‘‘(ii) shall not be used to make Phase III risk for fraud, waste, or abuse, to ensure STTR Policy Directive made pursuant to awards.’’. compliance with requirements of the SBIR subsection (a); program or STTR program, respectively; SEC. 312. GAO STUDY WITH RESPECT TO VEN- (ii) the effectiveness of the management TURE CAPITAL OPERATING COM- ‘‘(G) the implementation of oversight and PANY INVOLVEMENT. information system of each Federal agency quality control measures, including Not later than 3 years after the date of en- that participates in the SBIR program or verification of reports and invoices and cost actment of this Act, and every 3 years there- STTR program in identifying duplicative reviews; after, the Comptroller General of the United SBIR and STTR projects; ‘‘(H) carrying out subsection (cc); States shall— (iii) the effectiveness of the risk manage- ‘‘(I) carrying out subsection (ff); (1) conduct a study of the impact of re- ment strategies of each Federal agency that ‘‘(J) contract processing costs relating to quirements relating to venture capital oper- participates in the SBIR program or STTR the SBIR program or STTR program of the ating company involvement under section program in identifying areas of the SBIR Federal agency; and 9(cc) of the Small Business Act, as added by program or the STTR program that are at ‘‘(K) funding for additional personnel and section 108 of this Act; and high risk for fraud; assistance with application reviews. (2) submit to Congress a report regarding (iv) technological tools that may be used ‘‘(2) PERFORMANCE CRITERIA.—A Federal the study conducted under paragraph (1). to detect patterns of behavior that may indi- agency may not use funds as authorized SEC. 313. REDUCING VULNERABILITY OF SBIR cate fraud by applicants to the SBIR pro- under paragraph (1) until after the effective AND STTR PROGRAMS TO FRAUD, gram or the STTR program; date of performance criteria, which the Ad- WASTE, AND ABUSE. (v) the success of each Federal agency that ministrator shall establish, to measure any (a) FRAUD, WASTE, AND ABUSE PREVEN- participates in the SBIR program or STTR benefits of using funds as authorized under TION.— program in reducing fraud, waste, and abuse paragraph (1) and to assess continuation of (1) GUIDELINES FOR FRAUD, WASTE, AND in the SBIR program or the STTR program the authority under paragraph (1). ABUSE PREVENTION.— of the Federal agency; and ‘‘(3) RULES.—Not later than 180 days after (A) AMENDMENTS REQUIRED.—Not later (vi) the extent to which the Inspector Gen- the date of enactment of this subsection, the than 90 days after the date of enactment of eral of each Federal agency that participates

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2634 CONGRESSIONAL RECORD — SENATE May 3, 2011 in the SBIR program or STTR program effec- (2) by striking ‘‘The Administrator’’ and (B) in subparagraph (A), by striking ‘‘or’’ tively conducts investigations of individuals inserting the following: at the end; and alleged to have submitted false claims or ‘‘(1) STANDARDIZATION OF REPORTING RE- (C) by adding at the end the following: violated Federal law relating to fraud, con- QUIREMENTS.—The Administrator’’; and ‘‘(C) the National Academy of Sciences, in flicts of interest, bribery, gratuity, or other (3) by adding at the end the following: the final report issued by the ‘America’s En- misconduct; and ‘‘(2) SIMPLIFICATION OF APPLICATION AND ergy Future: Technology Opportunities, (B) submit to the Committee on Small AWARD PROCESS.—Not later than one year Risks, and Tradeoffs’ project, and in any sub- Business and Entrepreneurship of the Sen- after the date of enactment of this para- sequent report by the National Academy of ate, the Committee on Small Business of the graph, and after a period of public comment, Sciences on sustainability, energy, or alter- House of Representatives, and the head of the Administrator shall issue regulations or native fuels; each Federal agency that participates in the guidelines, taking into consideration the ‘‘(D) the National Institutes of Health, in SBIR program or STTR program a report on unique needs of each Federal agency, to en- the annual report on the rare diseases re- the results of the study conducted under sub- sure that each Federal agency required to search activities of the National Institutes paragraph (A). carry out an SBIR program or STTR pro- of Health for fiscal year 2005, and in any sub- SEC. 314. INTERAGENCY POLICY COMMITTEE. gram simplifies and standardizes the pro- sequent report by the National Institutes of Health on rare diseases research activities; (a) ESTABLISHMENT.—The Director of the gram proposal, selection, contracting, com- Office of Science and Technology Policy (in pliance, and audit procedures for the SBIR ‘‘(E) the National Academy of Sciences, in this section referred to as the ‘‘Director’’), in program or STTR program of the Federal the final report issued by the ‘Transit Re- conjunction with the Administrator, shall agency (including procedures relating to search and Development: Federal Role in the establish an Interagency SBIR/STTR Policy overhead rates for applicants and docu- National Program’ project and the report en- titled ‘Transportation Research, Develop- Committee (in this section referred to as the mentation requirements) to reduce the pa- ment and Technology Strategic Plan (2006– ‘‘Committee’’) comprised of 1 representative perwork and regulatory compliance burden 2010)’ issued by the Research and Innovative from each Federal agency with an SBIR pro- on small business concerns applying to and Technology Administration of the Depart- gram or an STTR program and 1 representa- participating in the SBIR program or STTR ment of Transportation, and in any subse- tive of the Office of Management and Budget. program.’’. quent report issued by the National Acad- (b) COCHAIRPERSONS.—The Director and the SEC. 316. SUBCONTRACTOR NOTIFICATIONS. emy of Sciences or the Department of Trans- Administrator shall serve as cochairpersons Section 8(d) of the Small Business Act (15 portation on transportation and infrastruc- of the Committee. U.S.C. 637(d)) is amended by adding at the ture; or (c) DUTIES.—The Committee shall review, end the following: ‘‘(F) the national nanotechnology strategic and make policy recommendations on ways ‘‘(13) NOTIFICATION REQUIREMENT.—An of- plan required under section 2(c)(4) of the 21st to improve the effectiveness and efficiency feror with respect to a contract let by a Fed- Century Nanotechnology Research and De- of, the SBIR program and the STTR pro- eral agency that is to be awarded pursuant to the negotiated method of procurement velopment Act (15 U.S.C. 7501(c)(4)) and in gram, including— any report issued by the National Science (1) reviewing the effectiveness of the public that intends to identify a small business con- cern as a potential subcontractor in the offer and Technology Council Committee on Tech- and government databases described in sec- nology that focuses on areas of nanotechnol- tion 9(k) of the Small Business Act (15 U.S.C. relating to the contract shall notify the small business concern that the offeror in- ogy identified in such plan;’’; and 638(k)); tends to identify the small business concern (2) by adding after paragraph (12), as added (2) identifying— as a potential subcontractor in the offer. by section 111(a) of this Act, the following: (A) best practices for commercialization ‘‘(14) REPORTING BY SUBCONTRACTORS.—The ‘‘(13) encourage applications under the assistance by Federal agencies that have sig- Administrator shall establish a reporting SBIR program (to the extent that the nificant potential to be employed by other mechanism that allows a subcontractor to projects relate to the mission of the Federal Federal agencies; report fraudulent activity by a contractor agency)— (B) proposals by Federal agencies for ini- with respect to a subcontracting plan sub- ‘‘(A) from small business concerns in geo- tiatives to address challenges for small busi- mitted to a procurement authority under graphic areas underrepresented in the SBIR ness concerns in obtaining funding after a paragraph (4)(B).’’. program or located in rural areas (as defined Phase II award ends and before commer- TITLE IV—POLICY DIRECTIVES in section 1393(a)(2) of the Internal Revenue cialization; and Code of 1986); (C) ways for Federal agencies to create in- SEC. 401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR POLICY DIREC- ‘‘(B) small business concerns owned and centives for recipients of awards under the TIVES. controlled by women; SBIR program and the STTR program to (a) IN GENERAL.—Not later than 180 days ‘‘(C) small business concerns owned and carry out research, development, testing, after the date of enactment of this Act, the controlled by veterans; production, and manufacturing in the United Administrator shall promulgate amend- ‘‘(D) small business concerns owned and States; and ments to the SBIR Policy Directive and the controlled by Native Americans; and (3) developing and incorporating a standard STTR Policy Directive to conform such di- ‘‘(E) small business concerns located in a evaluation framework to enable systematic rectives to this Act and the amendments geographic area with an unemployment rates assessment of the SBIR program and STTR made by this Act. that exceed the national unemployment program, including through improved track- (b) PUBLISHING SBIR POLICY DIRECTIVE AND rate, based on the most recently available ing of awards and outcomes and development THE STTR POLICY DIRECTIVE IN THE FEDERAL monthly publications of the Bureau of Labor of performance measures for the SBIR pro- REGISTER.—Not later than 180 days after the Statistics of the Department of Labor.’’. gram and STTR program of each Federal date of enactment of this Act, the Adminis- (b) STTR PROGRAM.—Section 9(o) of the agency. trator shall publish the amended SBIR Pol- Small Business Act (15 U.S.C. 638(o)), as (d) REPORTS.—The Committee shall submit icy Directive and the amended STTR Policy amended by section 111(b) of this Act, is to the Committee on Small Business and En- Directive in the Federal Register. amended— trepreneurship of the Senate and the Com- TITLE V—OTHER PROVISIONS (1) in paragraph (3)— mittee on Science and Technology and the SEC. 501. RESEARCH TOPICS AND PROGRAM DI- (A) in the matter preceding subparagraph Committee on Small Business of the House VERSIFICATION. (A), by striking ‘‘broad research topics and of Representatives— (a) SBIR PROGRAM.—Section 9(g) of the to topics that further 1 or more critical tech- (1) a report on the review by and rec- Small Business Act (15 U.S.C. 638(g)) is nologies’’ and inserting ‘‘applications to the ommendations of the Committee under sub- amended— Federal agency for support of projects relat- section (c)(1) not later than 1 year after the (1) in paragraph (3)— ing to nanotechnology, security, energy, rare date of enactment of this Act; (A) in the matter preceding subparagraph diseases, transportation, or improving the (2) a report on the review by and rec- (A), by striking ‘‘broad research topics and security and quality of the water supply of ommendations of the Committee under sub- to topics that further 1 or more critical tech- the United States (to the extent that the section (c)(2) not later than 18 months after nologies’’ and inserting ‘‘applications to the projects relate to the mission of the Federal the date of enactment of this Act; and Federal agency for support of projects relat- agency), broad research topics, and topics (3) a report on the review by and rec- ing to nanotechnology, rare diseases, secu- that further 1 or more critical technologies ommendations of the Committee under sub- rity, energy, transportation, or improving or research priorities’’; section (c)(3) not later than 2 years after the the security and quality of the water supply (B) in subparagraph (A), by striking ‘‘or’’ date of enactment of this Act. of the United States, and the efficiency of at the end; and SEC. 315. SIMPLIFIED PAPERWORK REQUIRE- water delivery systems and usage patterns in (C) by adding at the end the following: MENTS. the United States (including the territories ‘‘(C) the National Academy of Sciences, in Section 9(v) of the Small Business Act (15 of the United States) through the use of the final report issued by the ‘America’s En- U.S.C. 638(v)) is amended— technology (to the extent that the projects ergy Future: Technology Opportunities, (1) in the subsection heading, by striking relate to the mission of the Federal agency), Risks, and Tradeoffs’ project, and in any sub- ‘‘SIMPLIFIED REPORTING REQUIREMENTS’’ and broad research topics, and topics that fur- sequent report by the National Academy of inserting ‘‘REDUCING PAPERWORK AND COM- ther 1 or more critical technologies or re- Sciences on sustainability, energy, or alter- PLIANCE BURDEN’’; search priorities’’; native fuels;

VerDate Mar 15 2010 02:47 May 04, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2635 ‘‘(D) the National Institutes of Health, in grams, and for other purposes; which determined by the Secretary of Homeland the annual report on the rare diseases re- was ordered to lie on the table; as fol- Security, has invested not less than $20,000 search activities of the National Institutes lows: on behalf of each such entrepreneur; or of Health for fiscal year 2005, and in any sub- ‘‘(iii) who have a controlling interest in a On page 56, strike line 16 and all that fol- sequent report by the National Institutes of foreign company— lows through page 57, line 4, and insert the Health on rare diseases research activities; ‘‘(I) that has generated, during the most following: ‘‘(E) the National Academy of Sciences, in recent 12-month period, not less than $100,000 ‘‘(5) INCREASING DOMESTIC CAPABILITIES.—In the final report issued by the ‘Transit Re- in revenue from sales in the United States; carrying out a pilot program, the head of a search and Development: Federal Role in the and covered Federal agency shall give preference National Program’ project and the report en- ‘‘(II) whose commercial activities, during to applicants that intend to test, develop, or titled ‘Transportation Research, Develop- the 2-year period beginning on the date on manufacture a product or service in the ment and Technology Strategic Plan (2006– which the visa is issued under this subpara- United States. 2010)’ issued by the Research and Innovative graph, will— ‘‘(6) REPORT.—The head of each covered Technology Administration of the Depart- ‘‘(aa) create not fewer than 3 new full-time Federal agency shall include in the annual ment of Transportation, and in any subse- jobs in the United States that employ people report of the covered Federal agency to the quent report issued by the National Acad- other than the immigrant’s spouse, sons, or Administrator an analysis of the various ac- emy of Sciences or the Department of Trans- daughters; tivities considered for inclusion in the pilot portation on transportation and infrastruc- ‘‘(bb) raise not less than $100,000 in capital program of the covered Federal agency and a ture; or investment in furtherance of a commercial statement of the reasons why each activity ‘‘(F) the national nanotechnology strategic entity based in the United States; or considered was included or not included, as plan required under section 2(c)(4) of the 21st ‘‘(cc) generate not less than $100,000 in rev- the case may be. Century Nanotechnology Research and De- enue. ‘‘(7) TERMINATION.—The authority to estab- velopment Act (15 U.S.C. 7501(c)(4)) and in ‘‘(B) REVOCATION.—If the Secretary of lish a pilot program under this section ex- any report issued by the National Science Homeland Security determines that the com- pires at the end of fiscal year 2014. and Technology Council Committee on Tech- mercial activities of an alien who received a ‘‘(8) DEFINITIONS.—In this subsection— nology that focuses on areas of nanotechnol- StartUp visa pursuant to subparagraph (A)(i)(II) fail to meet the requirements under ogy identified in such plan;’’; SA 317. Mr. KERRY (for himself, Mr. (2) in paragraph (15), by striking ‘‘and’’ at such subparagraph, the Secretary shall, not LUGAR, and Mr. UDALL of Colorado) the end; later than 1 year after the end of the applica- (3) in paragraph (16), by striking the period submitted an amendment intended to ble 2-year period described in such subpara- at the end and inserting ‘‘; and’’; and be proposed by him to the bill S. 493, to graph— (4) by adding at the end the following: reauthorize and improve the SBIR and ‘‘(i) revoke such visa; and ‘‘(17) encourage applications under the STTR programs, and for other pur- ‘‘(ii) notify the alien that he or she— STTR program (to the extent that the poses; which was ordered to lie on the ‘‘(I) may voluntarily depart from the projects relate to the mission of the Federal United States in accordance to section 240B; table; as follows: or agency)— At the end of title V, add the following: ‘‘(II) will be subject to removal proceedings ‘‘(A) from small business concerns in geo- SEC. 504. STARTUP VISA ACT OF 2011. under section 240 if the alien does not depart graphic areas underrepresented in the STTR (a) SHORT TITLE.—This section may be from the United States not later than 6 program or located in rural areas (as defined cited as the ‘‘StartUp Visa Act of 2011’’. months after receiving such notification. in section 1393(a)(2) of the Internal Revenue (b) STARTUP VISAS.—Section 203(b) of the ‘‘(C) DEFINITIONS.—In this paragraph: Code of 1986); Immigration and Nationality Act (8 U.S.C. ‘‘(i) QUALIFIED SUPER ANGEL INVESTOR.— ‘‘(B) small business concerns owned and 203(b)) is amended— The term ‘qualified super angel investor’ controlled by women; (1) by redesignating paragraph (6) as para- means an individual who— ‘‘(C) small business concerns owned and graph (7); and ‘‘(I) is an accredited investor (as defined in controlled by veterans; (2) by inserting after paragraph (5) the fol- section 230.501(a) of title 17, Code of Federal ‘‘(D) small business concerns owned and lowing: Regulations); controlled by Native Americans; and ‘‘(6) SPONSORED ENTREPRENEURS.— ‘‘(II) is a United States citizen; and ‘‘(E) small business concerns located in a ‘‘(A) IN GENERAL.—StartUp visas shall be ‘‘(III) has made at least 2 equity invest- geographic area with an unemployment rates made available, from the number of visas al- ments of not less than $50,000 in each of the that exceed the national unemployment located under paragraph (5), to qualified im- previous 3 years. rate, based on the most recently available migrant entrepreneurs— ‘‘(ii) QUALIFIED VENTURE CAPITALIST.—The monthly publications of the Bureau of Labor ‘‘(i)(I) who have proven that a qualified term ‘qualified venture capitalist’ means an Statistics of the Department of Labor.’’. venture capitalist, a qualified super angel in- entity that— (c) RESEARCH AND DEVELOPMENT FOCUS.— vestor, or a qualified government entity, as ‘‘(I) is classified as a ‘venture capital oper- Section 9(x) of the Small Business Act (15 determined by the Secretary of Homeland ating company’ under section 2510.3–101(d) of U.S.C. 638(x)) is amended— Security, has invested not less than $100,000 title 29, Code of Federal Regulations; (1) by striking paragraph (2); and on behalf of each such entrepreneur; and ‘‘(II) is based in the United States; (2) by redesignating paragraph (3) as para- ‘‘(II) whose commercial activities will, dur- ‘‘(III) is comprised of partners, the major- graph (2). ing the 2-year period beginning on the date ity of whom are United States citizens; SEC. 502. REPORT ON SBIR AND STTR PROGRAM on which the visa is issued under this sub- ‘‘(IV) has capital commitments of not less GOALS. paragraph— than $10,000,000; Section 9 of the Small Business Act (15 ‘‘(aa) create not fewer than 5 new full-time ‘‘(V) has been operating for at least 2 U.S.C. 638), as amended by this Act, is jobs in the United States employing people years; and amended by adding at the end the following: other than the immigrant’s spouse, sons, or ‘‘(VI) has made at least 2 investments of ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR daughters; not less than $500,000 during each of the most PROGRAM GOALS.— ‘‘(bb) raise not less than $500,000 in capital recent 2 years.’’. ‘‘(1) DEVELOPMENT OF METRICS.—The head investment in furtherance of a commercial (c) CONDITIONAL PERMANENT RESIDENT STA- of each Federal agency required to partici- entity based in the United States; or TUS.—Section 216A of the Immigration and pate in the SBIR program or the STTR pro- ‘‘(cc) generate not less than $500,000 in rev- Nationality Act (8 U.S.C. 1186b) is amended— gram shall develop metrics to evaluate the enue; (1) by striking ‘‘Attorney General’’ each effectiveness, and the benefit to the people of ‘‘(ii)(I) who— place such term appears and inserting ‘‘Sec- the United States, of the SBIR program and ‘‘(aa) hold an unexpired H1–B visa; or retary of Homeland Security’’; the STTR program of the Federal agency ‘‘(bb) have completed a graduate level de- (2) in subsection (a)— that— gree in science, technology, engineering, (A) in paragraph (1)— ‘‘(A) are science-based and statistically math, computer science, or other relevant (i) by striking ‘‘(as defined in subsection driven; academic discipline from an accredited (f)(1))’’ and inserting ‘‘, sponsored entre- ‘‘(B) reflect the mission of the Federal United States college, university, or other preneur’’; and agency; and institution of higher education; (ii) by striking ‘‘(as defined in subsection ‘‘(C) include factors relating to the eco- ‘‘(II) who demonstrate— (f)(2)) shall’’ and inserting ‘‘shall each’’; and nomic impact of the programs, including the ‘‘(aa) annual income of not less than 250 (B) in paragraph (2)(A), by inserting ‘‘spon- impact on production and manufacturing in percent of the Federal poverty level; or sored entrepreneur,’’ after ‘‘alien entre- the United States. ‘‘(bb) the possession of assets equivalent to preneur,’’; not less than 2 years of income at 250 percent (3) in subsection (b), by adding at the end SA 316. Mr. MERKLEY submitted an of the Federal poverty level; and the following: amendment intended to be proposed by ‘‘(III) who have proven that a qualified ‘‘(3) SPONSORED ENTREPRENEURS.—The Sec- him to the bill S. 493, to reauthorize venture capitalist, a qualified super angel in- retary of Homeland Security shall terminate and improve the SBIR and STTR pro- vestor, or a qualified government entity, as the permanent resident status of a sponsored

VerDate Mar 15 2010 05:21 May 04, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.027 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S2636 CONGRESSIONAL RECORD — SENATE May 3, 2011 entrepreneur and the alien spouse and chil- tice in writing that it is my intention mittee on Finance be authorized to dren of such entrepreneur if the Secretary to move to suspend rule XXII, includ- meet during the session of the Senate determines, not later than 3 years after the ing germaneness requirements, for the on May 3, 2011, at 10 a.m., in 215 Dirk- date on which such permanent resident sta- purpose of proposing and considering sen Senate Office Building, to conduct tus was conferred, that— ‘‘(A) the qualified venture capitalist or amendment No. 309 on S. 493 (text of a hearing entitled ‘‘Is the Distribution qualified super angel investor who sponsored the amendment can be found in the of Tax Burdens and Tax Benefits Equi- the entrepreneur failed to meet the invest- section denoted ‘‘Text of Amend- table?’’ ment requirements under section ments’’). The PRESIDING OFFICER. Without 203(b)(6)(A)(i); or f objection, it is so ordered. ‘‘(B) the entrepreneur failed to meet the COMMITTEE ON FOREIGN RELATIONS job creation, capital investment, or revenue NOTICE OF HEARING generation requirements under section Mr. BLUMENTHAL. Mr. President, I COMMITTEE ON ENERGY AND NATURAL 203(b)(6)(A)(ii).’’; ask unanimous consent that the Com- RESOURCES (4) in subsection (c)— mittee on Foreign Relations be author- (A) in paragraph (1)— Mr. BINGAMAN. Mr. President, I ized to meet during the session of the (i) in the matter preceding subparagraph would like to announce for the infor- Senate on May 3, 2011, at 10 a.m., to (A), by inserting ‘‘sponsored entrepreneur,’’ mation of the Senate and the public hold a hearing entitled, ‘‘Afghanistan: after ‘‘alien entrepreneur,’’; and that a hearing has been scheduled be- What is an Acceptable End-State and (ii) by striking ‘‘alien entrepreneur must’’ fore the Senate Committee on Energy How Do We Get There?’’ each place such term appears and inserting and Natural Resources. The hearing ‘‘entrepreneur shall’’; and The PRESIDING OFFICER. Without (B) in paragraph (3)— will be held on Tuesday, May 10, 2011, objection, it is so ordered. (i) in subparagraph (A)(ii), by inserting ‘‘or at 10 a.m., in room SD–366 of the Dirk- SELECT COMMITTEE ON INTELLIGENCE sponsored entrepreneur’’ after ‘‘alien entre- sen Senate Office Building. Mr. BLUMENTHAL. Mr. President, I preneur’’; and The purpose of this hearing is to re- ask unanimous consent that the Select (ii) in subparagraph (C), by inserting ceive testimony on new developments Committee on Intelligence be author- ‘‘sponsored entrepreneur,’’ after ‘‘alien en- in upstream oil and gas technologies. trepreneur’’; ized to meet during the session of the Because of the limited time available Senate on May 3, 2011, at 2:30 p.m. (5) in subsection (d)(1)— for the hearing, witnesses may testify (A) in the matter preceding subparagraph The PRESIDING OFFICER. Without by invitation only. However, those (A), by striking ‘‘alien’’ and inserting ‘‘alien objection, it is so ordered. wishing to submit written testimony entrepreneur or sponsored entrepreneur, as SUBCOMMITTEE ON EMERGING THREATS AND for the hearing record may do so by applicable’’; CAPABILITIES sending it to the Committee on Energy (B) in clause (i), by striking ‘‘invested, or Mr. BLUMENTHAL. Mr. President, I is actively in the process of investing,’’ and and Natural Resources, United States ask unanimous consent that the Sub- inserting ‘‘has invested, is actively in the Senate, Washington, DC 20510–6150, or committee on Emerging Threats and process of investing, or has been sponsored by e-mail to Abigail Capabilities of the Committee on by a qualified super angel investor or quali- [email protected]. fied venture capitalist who has invested,’’; Armed Services be authorized to meet For further information, please con- and during the session of the Senate on tact Allyson Anderson at (202) 224-7143 (C) in clause (ii), by inserting ‘‘or 203(b)(6), May 3, 2011, at 2:30 p.m. or Abigail Campbell at (202) 224–1219. as applicable’’ before the period at the end; The PRESIDING OFFICER. Without and f objection, it is so ordered. (6) in subsection (f), by adding at the end the following: AUTHORITY FOR COMMITTEES TO f ‘‘(4) The term ‘sponsored entrepreneur’ MEET PRIVILEGES OF THE FLOOR means an alien who obtains the status of an COMMITTEE ON BANKING, HOUSING, AND URBAN alien lawfully admitted for permanent resi- Mr. HARKIN. Mr. President, I ask AFFAIRS dence under section 203(b)(6).’’. unanimous consent that Blake Tice (d) GOVERNMENT ACCOUNTABILITY OFFICE Mr. BLUMENTHAL. Mr. President, I Taylor, Emily Wei, and Lynae Gruber STUDY.— ask unanimous consent that the Com- of my staff be granted floor privileges (1) IN GENERAL.—Not later than 2 years mittee on Banking, Housing, and for the duration of today’s proceedings. after the date of the enactment of this Act, Urban Affairs be authorized to meet The ACTING PRESIDENT pro tem- the Comptroller General of the United States during the session of the Senate on shall submit a report to Congress on the pore. Without objection, it is so or- May 3, 2011, at 10 a.m. dered. StartUp Visa Program, authorized under sec- The PRESIDING OFFICER. Without tion 203(b)(6) of the Immigration and Nation- f ality Act, as added by subsection (b). objection, it is so ordered. (2) CONTENTS.—The report described in COMMITTEE ON COMMERCE, SCIENCE, AND MILITARY SPOUSE APPRECIATION paragraph (1) shall include information re- TRANSPORTATION DAY garding— Mr. BLUMENTHAL. Mr. President, I Mr. REID. Madam President, I ask (A) the number of immigrant entre- ask unanimous consent that the Com- unanimous consent that the Senate preneurs who have received a visa under the mittee on Commerce, Science, and proceed to the consideration of S. Res. immigrant entrepreneurs program estab- Transportation be authorized to meet lished under section 203(b)(6) of the Immigra- 160. tion and Nationality Act, listed by country during the session of the Senate on The ACTING PRESIDENT pro tem- of origin; May 3, 2011, at 2:30 p.m. in room 253 of pore. Without objection, it is so or- (B) the localities in which such immigrant the Russell Senate Office Building. dered. entrepreneurs have initially settled; The PRESIDING OFFICER. Without The clerk will report the resolution (C) whether such immigrant entrepreneurs objection, it is so ordered. by title. generally remain in the localities in which COMMITTEE ON ENERGY AND NATURAL The legislative clerk read as follows: they initially settle; RESOURCES (D) the types of commercial enterprises A resolution (S. Res. 160) designating May that such immigrant entrepreneurs have es- Mr. BLUMENTHAL. Mr. President, I 6, 2011, as ‘‘Military Spouse Appreciation tablished; and ask unanimous consent that the Com- Day.’’ (E) the types and number of jobs created mittee on Energy and Natural Re- There being no objection, the Senate by such immigrant entrepreneurs. sources be authorized to meet during proceeded to consider the resolution. f the session of the Senate on May 3, Mr. REID. Madam President, I ask 2011, at 10 a.m. in room 366 of the Dirk- unanimous consent that the resolution NOTICE OF INTENT TO SUSPEND sen Senate Office Building. be agreed to, the preamble be agreed THE RULE The PRESIDING OFFICER. Without to, and the motions to reconsider be Mr. COBURN. Mr. President, I sub- objection, it is so ordered. laid on the table. mit the following notice in writing: In COMMITTEE ON FINANCE The ACTING PRESIDENT pro tem- accordance with rule V of the Standing Mr. BLUMENTHAL. Mr. President, I pore. Without objection, it is so or- Rules of the Senate, I hereby give no- ask unanimous consent that the Com- dered.

VerDate Mar 15 2010 02:06 May 04, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MY6.029 S03MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 3, 2011 CONGRESSIONAL RECORD — SENATE S2637 The resolution (S. Res. 160) was S. RES. 161 look forward to working together to agreed to. Whereas the first United States patent was get the America Invents Act to the The preamble was agreed to. issued in 1790 to Samuel Hopkins of the President’s desk and providing our in- The resolution, with its preamble, State of Vermont for a process to make bet- ventors with the legal landscape they reads as follows: ter fertilizer; need to flourish. Whereas American inventors have contrib- S. RES. 160 I appreciate the efforts of Inventors uted to advances in life sciences, technology, Whereas the month of May marks ‘‘Na- and manufacturing; Digest Magazine and others who have tional Military Appreciation Month’’; Whereas the Constitution specifically pro- promoted National Inventors Month. Whereas military spouses provide vital vides for the granting of exclusive rights to support to men and women in the Armed inventors for their discoveries; f Forces and help to make the service of such Whereas the United States patent system men and women in the Armed Forces pos- is intended to implement that constitutional ORDERS FOR WEDNESDAY, MAY 4, sible; imperative and incentivize inventions; 2011 Whereas military spouses have been sepa- Whereas American inventors benefit from Mr. REID. Madam President, I ask rated from loved ones because of deployment an up-to-date and efficient patent system in support of overseas contingency oper- unanimous consent that when the Sen- and the economy, jobs, and consumers of the ate completes its business today, it ad- ations and other military missions carried United States benefit from the inventions; out by the Armed Forces; Whereas the next great American inven- journ until 10 a.m. on Wednesday, May Whereas the establishment of ‘‘Military tion could be among the 700,000 patent appli- 4; that following the prayer and pledge, Spouse Appreciation Day’’ is an appropriate cations pending as of the date of approval of the Journal of proceedings be approved way to honor the spouses of members of the this resolution in the United States Patent to date, the morning hour be deemed Armed Forces; and and Trademark Office; expired, the time for the two leaders be Whereas May 6, 2011, would be an appro- Whereas the last changes to the United reserved for their use later in the day, priate date to establish as ‘‘Military Spouse States patent system were made nearly 60 Appreciation Day’’: Now, therefore, be it and the Senate then proceed to a pe- years ago; riod for the transaction of morning Resolved, That the Senate— Whereas an updated patent system will un- (1) designates May 6, 2011, as ‘‘Military leash innovation and create jobs in the business for debate only until 12 p.m., Spouse Appreciation Day’’; United States without adding to the deficit; with Senators permitted to speak for (2) honors and recognizes the contributions Whereas every May, a new class of inven- up to 10 minutes each, with the time made by spouses of members of the Armed tors is inducted into the National Inventors equally divided and controlled between Forces; and Hall of Fame; the two leaders or their designees, with (3) encourages the people of the United Whereas in the 112th Congress, a bill was the majority controlling the first 30 States to observe ‘‘Military Spouse Appre- introduced in the House of Representatives ciation Day’’ to promote awareness of the minutes and the Republicans control- entitled the ‘‘America Invents Act’’ (H.R. ling the next 30 minutes; further, that contributions of spouses of members of the 1249) to make reforms to the United States Armed Forces and the importance of the role patent system; and the filing deadline for all second-degree of military spouses in the lives of members Whereas the Senate on March 8, 2011, amendments to S. 493 be at 11 a.m.; fi- of the Armed Forces and veterans. passed the bill entitled the ‘‘America Invents nally, I ask unanimous consent that f Act’’ (S. 23), which will make the first com- the cloture vote with respect to S. 493 NATIONAL INVENTORS MONTH prehensive reforms to the United States pat- occur at 12 p.m. on Wednesday. ent system in nearly 60 years: Now, there- The ACTING PRESIDENT pro tem- Mr. REID. Madam President, I ask fore, be it pore. Without objection, it is so or- unanimous consent that the Senate Resolved, That the Senate designates May dered. proceed to the consideration of S. Res. 2011, as ‘‘National Inventors Month’’. 161. Mr. LEAHY. Madam President, I am f The ACTING PRESIDENT pro tem- pleased that the Senate has acted pore. Without objection, it is so or- quickly to pass a resolution desig- PROGRAM dered. nating May 2011 as National Inventors Mr. REID. Madam President, there The clerk will report the resolution Month. On May 4, the National Inven- will be up to two rollcall votes at noon by title. tors Hall of Fame, in partnership with tomorrow. The first rollcall vote will The legislative clerk read as follows: the United States Patent and Trade- be on the motion to invoke cloture on A resolution (S. Res. 161) designating May mark Office, will hold its 39th Annual S. 493, the small business jobs bill. If 2011 as ‘‘National Inventors Month.’’ National Inventors Hall of Fame Induc- cloture is not invoked on the bill, the There being no objection, the Senate tion Ceremony. Senate will immediately proceed to a proceeded to consider the resolution. Our Nation’s inventors are the cata- rollcall vote on the motion to invoke Mr. REID. Madam President, I ask lyst of our economy. Their inventions, cloture on the nomination of John unanimous consent that the resolution when protected by a strong, efficient, McConnell to be a U.S. District Judge be agreed to, the preamble be agreed and balanced patent system lead to for the District of Rhode Island. to, the motions to reconsider be laid new products and processes for Amer- upon the table, with no intervening ac- ican consumers and new jobs for Amer- f tion or debate, and that any state- ican workers. ADJOURNMENT UNTIL 10 A.M. ments relating to the measure be print- Earlier this year, the United States TOMORROW ed in the RECORD. Senate passed overwhelmingly the The ACTING PRESIDENT pro tem- America Invents Act, to ensure that Mr. REID. Madam President, if there pore. Without objection, it is so or- our Nation’s inventors and innovators is no further business to come before dered. have a 21st Century patent system that the Senate, I ask unanimous consent The resolution (S. Res. 161) was speeds high quality patents to market. that it adjourn under the previous agreed to. The United States House Committee on order. The preamble was agreed to. the Judiciary recently voted to ap- There being no objection, the Senate, The resolution, with its preamble, prove a very similar version of this leg- at 4:59 p.m., adjourned until Wednes- reads as follows: islation on a strong bipartisan vote. I day, May 4, 2011, at 10 a.m.

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TRIBUTE TO THE LIFE OF IN HONOR OF DAVID YOST, THE AmerisourceBergen and I join them in saluting VALERIE POPE-LUDLAM CHIEF EXECUTIVE OFFICER OF David Yost for his vision, leadership and out- AMERISOURCEBERGEN standing service during a long and exemplary HON. JOE BACA career. OF CALIFORNIA HON. JIM GERLACH IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA f Tuesday, May 3, 2011 IN THE HOUSE OF REPRESENTATIVES IN HONOR OF POLISH Tuesday, May 3, 2011 Mr. BACA. Mr. Speaker, I rise today to ask CONSTITUTION DAY, 2011 Congress to pay tribute to a respected mem- Mr. GERLACH. Mr. Speaker, I rise to salute ber of the Westside community and civil rights the career and many contributions of David activist, Valerie Pope-Ludlam. Valerie passed Yost, the Chief Executive Officer of HON. DENNIS J. KUCINICH away on Sunday, April 24, 2011. AmerisourceBergen, one of the world’s largest Valerie moved to California from Michigan in pharmaceutical distribution and services com- OF OHIO 1962. For the following decades Valerie Pope- panies headquartered in my district in Valley IN THE HOUSE OF REPRESENTATIVES Ludlam served the community as an out- Forge, Pennsylvania. spoken leader and advocate. She began work- Mr. Yost will retire this July. Following his Tuesday, May 3, 2011 ing at Patton State Hospital and continued graduation from the U.S. Air Force Academy until 1964 when she started Welfare Rights. and military service, Dave spent most of his Mr. KUCINICH. Mr. Speaker, I rise today in The organization advocated for both the rights professional career with Amerisource Health honor of Poles, Polish-Americans and the and educational opportunities for women on Corporation and, after the 2001 merger with Honorable Ambassador from Poland, Robert welfare. Bergen Brunswig Corporation in 2001, Kupiecki, and his wife, Malgorzata Kupiecki, The following year she started the League AmerisourceBergen Corporation. In a career on the occasion of Polish Constitution Day, of Mothers with Frances Grice and Bonnie spanning 37 years, he has served as CEO for celebrated on May 3, 2011. Johnson. The three women fought for the 14 years and has guided the company suc- Polish Constitution Day is a day when peo- rights of African Americans in the educational cessfully through a rapidly changing business ple of all cultures join with the people of Po- system and the workplace. They spearheaded environment. The company has experienced land to celebrate the rich culture, traditions a legal battle against the San Bernardino Uni- astonishing growth from $40 billion in reve- and history of Poland. After almost five cen- fied School District to end the de facto seg- nues in 2002 to nearly $80 billion this year turies of struggle and perseverance, the Gov- regation in the Westside. and it continues to handle many challenges ernmental Statute of Poland became the first In 1969 Valerie founded the Westside Com- presented by our evolving health care system. munity Development Corporation (CDC). The David Yost is an exceptional leader with im- written constitution in Europe on May 3, 1791. CDC trained hundreds of young adults in con- peccable commitment to the highest ethical The Polish Constitution established the sepa- struction, allowing the organization to rehabili- standards. He has led a company that is a ration of government powers, freedom of reli- tate houses and sell them to families who shining example of how our health care mar- gion, and abolished elements of serfdom, all would otherwise not be able to afford the ketplace should operate today—a company of these are key elements of freedom and de- down payment. Close friend and niece, that delivers savings, efficiency, security and mocracy. Frances Grice, reflects, ‘‘She has done so integrity of product for patients who need The Polish American Congress strives to many wonderful things. . .The Governor used these medicines. In addition, he has a history make Americans of Polish heritage more suc- to call her ‘the Sun Lady.’ ’’ Long before green of giving, including as a Founding Director of cessful and involved U.S. citizens by encour- jobs became popular, Valerie built the first the U.S. Air Force Academy Endowment Fund aging them to assume the responsibilities of Westside solar energy conservation project. which provides cadets with facilities and pro- leadership. Since its foundation over sixty The project cost $2 million and gained national grams for their professional development. He years ago, the group has created programs to recognition from Ebony Magazine for its suc- has generously initiated employee-company successfully integrate people of Polish decent cess in providing green energy to low income match contributions for those affected by dis- in the U.S. and enrich Cleveland’s social fab- homes. asters such as Hurricane Katrina and the re- ric. These programs include the Displaced Valerie will always hold the honor of becom- cent Japanese earthquake disaster. Persons Program, which allowed almost ing the first African American female 6th ward David Yost has provided a long-term vision 150,000 Polish immigrants to enter the U.S. council person. Other council members de- for the industry, reforming the entire enterprise after World War Two. The group also won scribe her as a sounding board and a valued by reducing inventory size and its associated American veterans benefits for Polish Vet- mentor. She will leave a lasting impact on costs, and stressing the importance of tech- erans of both World War One and World War both the individuals she touched and the com- nology and strategic partnerships in moving Two. The Polish American Congress has munity at large. Professionally, Valerie was the company forward. AmerisourceBergen was played a crucial role in the Polish Community, known for confidence and tenacity. On a more the first national distributor to announce that it and in its many years of support and service personal note, she was a loving mother and would only purchase pharmaceuticals directly has been an invaluable contribution to the City grandmother. She always put her family at the from the manufacturer to ensure the integrity of Cleveland and this nation. This year, the forefront throughout her public service. of products to patients. He also instilled pride Greater Cleveland Community can celebrate Valerie leaves with cherished memories in the company’s workforce for the important Poland’s rich history and culture by joining three children: Marshall Griffin, Michelle Beau- work they do. There is a sign over the door of Cleveland’s Polish community in attending regard, and George Beauregard as well as every AmerisourceBergen distribution center events such as the Polonia Ball, the Grand nine grandchildren, seventeen great-grand- that reads ‘‘Thank you for what you do. Peo- Parade and the Photographic Exhibition. children and one great-great-grandchild. My ple’s lives depend on it.’’ thoughts and prayers, along with those of my Through it all, David Yost has been a de- Mr. Speaker and colleagues, please join me wife, Barbara, and my children, Mayor Pro voted husband and father and active in his today, Polish Constitution Day, in honoring the Tem Joe Baca Jr., Jeremy, Natalie, Jennifer community. He now prepares for a well-de- struggles, courage and triumphs of the people are with Valerie’s family at this time. Mr. served retirement to spend more time with of Poland and honoring all people of Polish Speaker, I ask my colleagues to join me today family and pursue other interests. descent. Through their successive struggles in honoring and remembering a tireless advo- Mr. Speaker, it is a privilege to represent for freedom, the people of Poland have given cate Valerie Pope-Ludlam. many of the fine employees of the world hope.

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

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K03MY8.001 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E786 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 CONCURRENT RESOLUTION ON IN RECOGNITION AND HONOR OF IN HONOR OF BRENT LARKIN THE BUDGET FOR FISCAL YEAR GREG BUNKER 2012 HON. DENNIS J. KUCINICH HON. DORIS O. MATSUI OF OHIO SPEECH OF IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Tuesday, May 3, 2011 IN THE HOUSE OF REPRESENTATIVES HON. TODD C. YOUNG Mr. KUCINICH. Mr. Speaker, I rise today in OF INDIANA Tuesday, May 3, 2011 honor of Mr. Brent Larkin, a lifelong resident of Cleveland who is being recognized as Voices IN THE HOUSE OF REPRESENTATIVES Ms. MATSUI. Mr. Speaker, I rise today to of Ohio’s Children’s 2011 Champion for Chil- honor the memory of Greg Bunker and his re- Thursday, April 14, 2011 dren. markable leadership as Executive Director of Mr. Larkin was born and raised in the great- The House in Committee of the Whole the Francis House, a Sacramento-based er Cleveland area. He graduated from Brush House on the State of the Union had under homeless services agency. Greg passed away High School and went on to Ohio University, consideration the bill (H. Con. Res. 34) estab- in December, and his contributions to Sac- where he received a degree in journalism in lishing the budget for the United States Gov- ramento are being recognized at this year’s 1969. Soon after graduating, he became a re- ernment for fiscal year 2012 and setting forth Feast for the Streets fundraiser. For 21 years, porter for the Cleveland Press, thus beginning appropriate budgetary levels for fiscal years he was a tireless advocate for Sacramento’s an illustrious career. In 1981, Larkin began 2013 through 2021: homeless population. working for the Cleveland Plain Dealer, and in Greg was a remarkable leader who inspired Mr. YOUNG of Indiana. Mr. Chair, the good 1991, he was named head of the Plain Deal- an entire community with his unrelenting opti- people of Indiana want jobs. And you know er’s opinion page. As head of the opinion mism. He cared deeply about his work and the page, he wrote many thoughtful editorials ad- what? We know how to create them. In Indi- people around him. He will be sorely missed. dressing the concerns of children within the ana, under Gov. Mitch Daniels, we’ve seen a Born in Ohio, Greg moved to California after social welfare and juvenile justice system. He government that spends less and taxes mod- serving in the Vietnam War. He intended to was inducted into the Cleveland Press Club estly. And we’ve seen that lead to job growth. make a change in the world, and his unrelent- Hall of Fame in 2002. That’s why Indiana, during these tough eco- ing support for the needy allowed him to do In addition to his newspaper career, Brent nomic times, is a national leader in private so. He soon joined the Francis House and led Larkin has long been an advocate for young sector job growth. The Budget Committee it as it grew and prospered. people. He has worked to raise awareness of crafted a budget for our Federal Government Through the years, the Francis House has the importance of early childhood programs that, like Indiana, spends less and taxes less. offered a wide range of services and re- and services. He has also served as a volun- The result is a plan that will help create 2.5 sources for Sacramento’s homeless popu- teer with Invest in Children, Cuyahoga Coun- million jobs by the end of this decade. Recent lation, and, because of Greg, it has become ty’s initiative to promote investment in and support of children through programs such as economic history isn’t good to the big spend- well-known in the Sacramento area and be- Home Visiting, Early Literacy, Healthy Start ers. It shows that borrowing and spending tril- yond as a non-profit that passionately fights for the needs of the homeless. Outreach, Universal Pre-Kindergarten, and lions of taxpayer dollars we don’t have doesn’t Special Needs Child Care. It is this dedication Greg initiated a campaign for a safe place create jobs. And jobs won’t be created if we to the young people of his community that has for the city’s homeless, and he brought the go along with the President’s plan, or the plan prompted Voices for Ohio’s Children to name issue of poverty to the forefront of the public’s from the other side of the aisle, to increase him 2011 Champion for Children. attention. For over two decades, he made taxes. It’s no great secret that the job creators Mr. Speaker and Colleagues, please join me sure that the thousands of people who needed in honor and recognition of Mr. Brent Larkin, in this country aren’t hiring because un- help were not overlooked, and Sacramento is a distinguished journalist dedicated to improv- checked spending, of course, leads to fears. It a better place because of him. leads to fears that we’re going to have to raise ing the lives of children within his community. Around 30,000 people come to the Francis f taxes in the future. It leads to fears of future House each year for assistance, and Greg’s inflation. And it leads to fears that interest daily vigor and hunger for change was a HONORING THE AFRICAN AMER- rates are going to go up. By calling for a blessing for them. Whether it was through ICAN EDUCATION TASK FORCE measure of spending discipline, as we do, we transportation vouchers, emergency housing, replace fear with hope—hope that we can re- or simply emotional support, Greg was always HON. BARBARA LEE store conditions where job creators can go out there to help. OF CALIFORNIA and put Americans back to work. That’s what His sincere and long-term dedication to the IN THE HOUSE OF REPRESENTATIVES the people of southern Indiana want. Now, I homeless cause truly made a difference to Tuesday, May 3, 2011 mentioned Indiana a minute ago and the suc- many people. He never turned anyone away Ms. LEE. Mr. Speaker, I rise today to honor cess we’ve had there in creating private sector from the Francis House, and his kindness was the African American Education Task Force, jobs. We didn’t do it all with respect to our a light for people who rarely encountered true compassion. co-chaired by Mr. Oscar Wright and Mrs. policies on spending. Instead, we also looked Wandra Boyd, for its record of success in en- Sadly, Greg passed away much too early in at tax policy. We understood that it just didn’t couraging and acknowledging academic December. The outpouring of support has make sense to jack up taxes during a down achievement by African American youth in been inspiring, as the tens of thousands of economy. Instead, we kept them steady, and California’s Oakland Unified School District. people that he helped through the Francis Today, the African American Education we made our tax code more efficient—just as House, as well as the countless others who Task Force and the Oakland Unified School some of our neighboring States were doing have been touched by Greg’s selflessness, District will celebrate a successful decade of the opposite. As a result, many businesses have shown their gratitude to his family. chose to move back to Indiana, or to move to recognizing our local African American stu- In addition to Greg’s achievements helping dents’ Honor Roll status. The African Amer- Indiana for the first time. We see the reverse the homeless, he was a loving husband and ican Education Task Force Academic Achieve- trend nationally, unfortunately. Many busi- father. I would like to recognize Greg’s wife ment Celebration takes place at the ACTS Full nesses are leaving this great country, or are Stephanie and his two sons, Jesse and Gospel Church, pastored by Bishop Bob Jack- not getting off the ground because of our job- Simon, and express my sincere condolences son in Oakland, California. destroying tax code and our punitive corporate for their loss. During this year’s event, 1,150 African tax rates. Mr. Chair, we improve upon those Mr. Speaker, I feel honored to join the many American students from the 8th through 12th previous policies, we learn from the errors of Sacramentans who are paying tribute to this grades will be honored for attaining grade the past. I urge my colleagues to help us cre- incredible man. I ask all of my colleagues to point averages of 3.00 or above for the 2010– ate those jobs by voting yes on this House join me in remembering Greg Bunker, and to 2011 school year. This outstanding group of Republican budget. continue his work by being passionate about young people has accomplished a great deal, helping those less fortunate. and we are pleased to commend them for

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.001 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E787 their academic dedication and success. Espe- cept policies that use Federal funds to enact gree in liberal arts and soon began writing for cially in light of the great budgetary challenges discriminatory barriers to adoption and close two prominent newspapers, The Chicago Ma- faced by the State of California and the City the door to thousands of potential homes. roon and the Hyde Park Herald. By 1960, he of Oakland, these students have proven them- Studies suggest that upwards of 2 million gay was writing for the New York Times covering selves to be bright, capable and resourceful. and lesbian individuals are interested in adopt- the presidential race between John F. Ken- I would like to take this opportunity to con- ing or fostering a child. There are already ap- nedy and Richard Nixon. He soon took a job gratulate each and every student for earning proximately 1 million lesbian, gay, bisexual, writing for the Washington Post, where he re- this distinction. Thank you for understanding and transgendered (LGBT) parents raising mained for more than 40 years. and promoting the importance of staying in about 2 million children in the U.S. Leading Throughout his career, Mr. Broder achieved school. By continuing to be the best students child welfare, public health, medical and legal many milestones and was recognized for his possible and by making the most of your edu- organizations agree that opening up the superb skills in the art of journalism. He won cation, you will enjoy a full range of opportuni- homes of all qualified prospective parents can a Pulitzer Prize in 1973 for his political com- ties to achieve your personal goals, as well as help support the unique needs of foster youth. mentary and was the recipient of the 4th Es- give back to your communities. Groups including the Child Welfare League of tate Award from the National Press Club in Your accomplishments represent the America, the National Association of Social 1988. He was honored by Washingtonian strength of your initiative and a commitment to Workers, the American Psychological Associa- Magazine as one of the best 50 journalists in excellence. The skills and discipline you have tion, and the American Bar Association, all both 2005 and 2009. Mr. Broder boasted the developed will be of great use as you continue support the ability of qualified unmarried and most appearances for a journalist on Meet the to follow your dreams toward success. I am so LGBT couples to foster and adopt. More than Press with over 400 since 1963. very proud of you for taking personal pride in 30 years of research indicates optimal devel- Though David, unfortunately, left us one your studies. Oakland’s future leaders are cer- opment for children is based on the stable at- month ago, he will always remain in our tainly present at this celebration of academic tachments to committed and nurturing parents, memories because of his work and service achievement, and I welcome your many civic not on the marital status, sexual orientation or covering the issues that matter most to this contributions in the years to come. gender identity of the parents. This research country. On behalf of the residents of California’s 9th consistently demonstrates that children raised Mr. Speaker and colleagues, please join me Congressional District, I again salute you for by same-sex parents exhibit the same level of in remembering the life of David Broder and your exemplary academic performance. I am emotional, cognitive, social and sexual devel- his devotion to uncovering the truth. David confident that you will continue this fine record opment outcomes as children raised by was truly a remarkable individual and a phe- of scholarship, service and success. Keep up straight parents. nomenal asset to all of us here in Washington the good work, and I wish you the very best When considering a potential placement for and around the world. in all of your future endeavors. a child, the only criteria should be what is in f f the child’s best interest and whether the pro- HONORING SGT. JOHN STONE spective parent can provide a safe and nur- INTRODUCING THE EVERY CHILD turing home. Bigotry should play no part in this DESERVES A FAMILY ACT decision. That is why I am introducing the HON. ELIOT L. ENGEL OF NEW YORK ‘‘Every Child Deserves a Family Act.’’ This IN THE HOUSE OF REPRESENTATIVES HON. FORTNEY PETE STARK legislation would simply prohibit any entity that OF CALIFORNIA receives Federal child welfare funds from de- Tuesday, May 3, 2011 IN THE HOUSE OF REPRESENTATIVES nying or delaying adoption or foster care Mr. ENGEL. Mr. Speaker, we go to baseball Tuesday, May 3, 2011 placements based solely on the prospective games to relax, root for our heroes on the parent’s marital status or sexual orientation. field, and enjoy the company of other fans. Mr. STARK. Mr. Speaker, I rise today to in- States and child welfare agencies that fail to But on April 14, 2010, for John Stone it was troduce legislation that will give thousands of end discriminatory practices would face finan- a day to be a hero in the stands at Yankee children in our foster care system a chance at cial penalties. This is the same approach that Stadium when he saw a woman choking on a having the one thing many of them say is all has put an end to race discrimination in adop- piece of food. they have ever truly wanted—a family. There tion and foster care placements. Mr. Stone, a staff sergeant and medic in the are approximately 500,000 children in our fos- Children in our foster care system are some Connecticut National Guard who served in ter care system right now. Over 125,000 of of our most precious—and vulnerable—youth. Iraq, was enjoying the game in his Don Mat- those are waiting to be adopted, but there are They depend on us to do all we can to find tingly jersey when he saw a crowd of people just not enough qualified adoptive and foster them supportive and loving families, and it is around a woman 15 rows away who was parents. That leads to nearly 25,000 youth our obligation to act in their best interests choking. It was Toby Weiss who came to root ‘‘aging out’’ of care each year with no perma- when doing so. To fail in our task of opening for the Yankees but was now choking on a nent family. These young people are more every possible door to stable, permanent and piece of food. likely than nearly any other group to become loving homes is a grave disservice to these Seeing the crowd, Sgt. Stone assumed all homeless or incarcerated, or to suffer with children and to our country. We cannot allow was well, but then he realized no one was mental illness or substance abuse. divisive politics and the culture war to further able to help the terrified woman who was al- There is an acute shortage of adoptive and harm these children by shrinking the number ready turning blue. He ran to her and per- foster parents. Yet, despite this fact and the of prospective adoptive and foster parents. I formed the Heimlich maneuver and jarred documented terrible consequences of long hope that all of my colleagues will join me in loose the food. stays in the child welfare system, some states saying yes to children and no to bigotry by co- Mrs. Weiss, the wife of Rabbi Avi Weiss of have enacted discriminatory bans prohibiting sponsoring the ‘‘Every Child Deserves a Fam- the Hebrew Institute of Riverdale, was children from being placed with qualified par- ily Act.’’ checked out at the aid station at the stadium ents due solely to the parent’s marital status f and was well enough to return to the game or sexual orientation. A number of additional and to thank Sgt. Stone. states are actively considering similar discrimi- IN REMEMBRANCE OF DAVID Rabbi Weiss said other people rushed to natory restrictions. Most recently, Arizona en- BRODER help his wife but they weren’t able to help. acted a law to restrict the ability of unmarried ‘‘Suddenly,’’ he said, ‘‘this kind of Elijah figure and gay and lesbian individuals from adopting. HON. DENNIS J. KUCINICH appeared from nowhere. He knew exactly Only six states affirmatively allow gay and les- OF OHIO what to do.’’ Mrs. Weiss also insisted Sgt. bian couples to adopt jointly. IN THE HOUSE OF REPRESENTATIVES Stone was heaven-sent. ‘‘God sent me an This is unfair to good people who want to angel,’’ she said, noting that her unassuming open their homes to youth, unimaginable for Tuesday, May 3, 2011 hero blushed over the praise. kids who just want a family to love them, and Mr. KUCINICH. Mr. Speaker, I rise today in Following the scare, fans applauded, unsafe for children for whom we in this body honor and remembrance of the life of David hugged and high-fived Sgt. Stone on his way are responsible. If states will not do the right Broder, who was a great servant and patriot to back up to his seat. Stone, who lives in thing, the Federal government should. this country. Montville, Connecticut, was at the Stadium Congress invests over $7 billion in the child Mr. Broder was born in Chicago Heights, Illi- with his brother Jamie, an Army infantry sol- welfare system each year. We should not ac- nois in 1929. He received his bachelor’s de- dier on leave from duty in Afghanistan.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.003 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E788 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 Sgt. Stone is being honored at Rabbi stance abuse, homelessness, and the justice PERSONAL EXPLANATION Weiss’s Hebrew Institute of Riverdale and I system. We know that children with mental ill- want to join everyone there in congratulating ness can live full and productive lives as long HON. LEONARD L. BOSWELL him and thanking him for his heroic deed. as we provide them with the support they OF IOWA Jews have a saying that to save a life is to need. IN THE HOUSE OF REPRESENTATIVES save the world. Sgt. John Stone has indeed In the 1800s, the color green was used to saved a very large part of our world here in Tuesday, May 3, 2011 identify people who were labeled ‘‘insane.’’ Riverdale. Sgt. Stone, from his service in Iraq Mr. BOSWELL. Mr. Speaker, I regret my ab- Since then, the color has taken on a very dif- treating our wounded to his saving Mrs. Weiss sence in the House yesterday, May 2, 2011, ferent meaning, one that now signifies new at Yankee Stadium, represents the true char- as I was in my district attending to personal life, new growth, and new beginnings. Today, acter of America. I am proud to join in thank- business. Had I been present, I would have I join with children, families, and supporters ing him for his heroic actions. voted ‘‘yes’’ on rollcall vote 278. both in south central Wisconsin and across f the nation in wearing the color green to show f RECOGNIZING CHILDREN’S MEN- our support. Above all, I salute all those who HONORING BILL KNOWLES TAL HEALTH AWARENESS DAY are working to raise awareness of this crucial issue and hope today serves as a reminder HON. CHARLES J. ‘‘CHUCK’’ HON. TAMMY BALDWIN that each one of us can and must do better to address children’s mental health issues. FLEISCHMANN OF WISCONSIN OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Tuesday, May 3, 2011 Tuesday, May 3, 2011 IN HONOR OF LIEUTENANT NICK Ms. BALDWIN. Mr. Speaker, I rise today to Mr. FLEISCHMANN. Mr. Speaker, I rise DIMARCO recognize Children’s Mental Health Awareness today to honor an outstanding individual Day, which occurs each year during National whose commitment and dedication has done Children’s Mental Health Awareness Week. so much to provide exceptional government In 2004, the National Federation of Families HON. DENNIS J. KUCINICH services to the residents of Hamilton County, for Children’s Mental Health began desig- OF OHIO Tennessee. Those of us who live and work in nating the first full week of May as Children’s Hamilton County can be thankful for the tire- IN THE HOUSE OF REPRESENTATIVES Mental Health Awareness Week to promote less efforts of Mr. Bill Knowles in his 36 years the positive development of our youth. Addi- Tuesday, May 3, 2011 of service as Hamilton County Clerk. tionally, since 2006, the Substance Abuse and First elected in 1974, County Clerk Bill Mental Health Services Administration’s Cen- Mr. KUCINICH. Mr. Speaker, I rise today in Knowles has made it his priority to not just ter for Mental Health Services has declared honor of Lieutenant Nick DiMarco of the Gar- provide excellent services to his constituents, one day during the week National Children’s field Heights Police Department and his well- but to also manage an office that provides in- Mental Health Awareness Day. deserved retirement. As a long-serving officer novative ideas and consistently exceeds ex- On this special day, a distinguished coalition of the law, and the founder of the acclaimed pectations. Shortly after being elected to his is gathering in Wisconsin. Groups like Wis- Shop with a Cop Program, Lt. DiMarco has position, Bill Knowles solved the problem of consin Family Ties, the Wisconsin Alliance for served the people of the greater Cleveland long waits for vehicle registration tags by mak- Infant Mental Health, Wisconsin United for area with honor and professionalism. ing it possible to renew tags by mail. Mr. Mental Health, the Supporting Families To- Knowles’s initiative was soon followed by the gether Association, and Wisconsin Public Lt. Nick DiMarco was appointed to the Gar- field Heights Police Department in 1966. On Tennessee legislature, which passed a law re- Broadcasting are joining with affected youth, quiring tags to be mailed in throughout the their families, and others in our community. February 1st, 1986, he was promoted to the rank of Sergeant, and on January 11th, 1990, state. They stand together at the Madison Children’s The exceptional work ethic and innovative Museum to focus our attention on this impor- he rose to the rank of Lieutenant. After 45 years of service, Lt. DiMarco retired from a ideas that are the hallmark of Bill Knowles tant public health issue. have resulted in many firsts for Hamilton In Wisconsin the statistics paint a startling long career of serving the public on February 16th, 2011. County. Hamilton County was the first county picture. One out of every five children who ap- in Tennessee to allow for tag renewal by Inter- pear healthy is, in fact, suffering from mental Besides serving valiantly as an officer of the net. It was the first to have on-the-spot vehicle health problems. Children with mental illness law for so many years, Lt. DiMarco also estab- title printing. The county led the way with elec- and disabilities have a far greater likelihood of lished the Shop with a Cop Program in 1995. tronic record keeping and continued this de- being suspended or expelled from school, The program, which occurs annually during velopment by computerizing marriage records abusing drugs or alcohol, or ending up in the the holiday season, raises money to purchase in 2009. juvenile justice system. In 2008, only 11 per- gifts for underprivileged children. On the day In recognition of a litany of impressive ac- cent of Wisconsin children living with serious of the event, children are escorted to a major complishments over a 36 year career, I hereby mental health disorders received any public retail store via a police-accompanied motor- salute Clerk Bill Knowles and thank him for his mental health services, less than one third the cade and allocated $120 to shop. Each child service to the people of Hamilton County. I, for rate for adults. is accompanied by a police officer from the one, am grateful for his service, and I know However, not all hope is lost. At the federal various participating departments. The pro- that the fine residents of Hamilton County join level, the passage of the Patient Protection gram, now in its 15th year, has helped over me in honoring him. and Affordable Care Act includes numerous 1,000 children in the greater Cleveland area, f provisions that will help diagnose, treat, and and involves officers from 17 police depart- support children with mental illness and their ments who volunteer their time to share the IN HONOR OF LESLIE L. MEGYERI families. For example, the law immediately holiday spirit with those less fortunate. This eliminates pre-existing condition clauses for past year, the program raised $38,900; 391 HON. DENNIS J. KUCINICH children. This will help ensure that more fami- children participated. OF OHIO lies can afford to seek treatment for their child IN THE HOUSE OF REPRESENTATIVES and may do so without fear of losing their cov- In addition to his dedicated career with the erage. Garfield Heights Police Department, Lt. Nick Tuesday, May 3, 2011 We must continue to pursue a course of ac- DiMarco served as the President of the Fra- Mr. KUCINICH. Mr. Speaker, I rise today to tion that works to not only identify and diag- ternal Order of the Police of Ohio from 1990 honor Leslie L. Megyeri, who is being honored nose mental illness as early as possible, but to 2011, where he fought to protect the rights by the American Hungarian Foundation. Leslie also provide comprehensive treatment to and privileges of law enforcement officers in will be the recipient of the Abraham Lincoln those affected. The better we are able to Ohio. award for his courageous actions during the serve the needs of our youth who suffer from Mr. Speaker and colleagues, please join me 1956 Hungarian Revolution. mental illness, the sooner we can reduce long in honoring Lt. Nick DiMarco’s long career of During Mr. Megyeri’s adolescence he read term costs associated with dropout rates, sub- public service and civic virtue. the great Hungarian poet Peto¨fi, whose words

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.005 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E789 he took to heart. These words were: ‘‘Stand have served and protected the City of Long recipient of this year’s Dr. Martin Luther King up Hungarians—Your Country is calling, the Branch. Jr. Community Service Award. Cedric was question is do you want to be a slave or f also recently awarded a $25,000 scholarship free?’’ Although he was only a teenager at the after participating in the Maltz Museum of time, on October 23rd, 1956, he followed his HONORING JIM WELLEHAN Jewish Heritage’s ‘‘Stop the Hate! Youth father and took up arms against the Com- Speak Out’’ essay contest. munists in power. However, the Soviets ar- HON. MICHAEL H. MICHAUD Mr. Speaker and Colleagues, please join me rived to support the now collapsed Hungarian OF MAINE in honoring Mr. Cedric Thorbes for his unwav- Communist government against the revolution- IN THE HOUSE OF REPRESENTATIVES ering dedication to leadership in his commu- nity and being named 2011’s Youth Cham- aries. He was one of 10,000 Hungarian free- Tuesday, May 3, 2011 dom fighters who fought to defend his home- pion. I wish him the best in all of his future en- land; they were overwhelmed and Mr. Megyeri Mr. MICHAUD. Mr. Speaker, I rise today to deavors. was driven into Austria. honor Jim Wellehan, the Vice President of f Following the 1956 Hungarian Revolution Maine’s Lamey-Wellehan’s shoe stores and Mr. Megyeri emigrated to the United States the 2011 Auburn Business Association Citizen A TRIBUTE TO DR. DERO G. and embraced freedom with open arms. He of the Year Award. DOWNING attained his extension education at several Jim is an exceptional businessman, helping American universities and worked numerous to win Lamey-Wellehan the Boston Shoe Trav- HON. BRETT GUTHRIE jobs. Throughout his long career he has elers Association award for 2011 Retailer of OF KENTUCKY worked as an attorney for the Federal Aviation the Year. More importantly, Jim’s commitment IN THE HOUSE OF REPRESENTATIVES Administration, an audit manager for the Gov- to a quality product goes hand in hand with Tuesday, May 3, 2011 ernment Accountability Office, and on several helping to build a quality community. Jim is committed to the environment, al- Mr. GUTHRIE. Mr. Speaker, I rise today to congressional committee staffs. After spending honor the memory of a remarkable Ken- several years practicing private law, in 2003, ready having cut carbon emissions at Lamey- Wellehan by 23 percent and is on pace to tuckian, Dr. Dero G. Downing. On April 4, Dr. Mr. Megyeri began his tenure as President of Downing, Western Kentucky University’s fourth the Hungarian Reformed Federation of Amer- achieve his company’s ultimate goal of a 50 percent reduction by 2020. It’s no coincidence president, passed on at the age of 89, leaving ica. behind a lasting impression that will live on for Among other noteworthy achievements, that among the many honors that Jim has re- ceived is the 2007 Maine Sierra Club Busi- years to come. Leslie has received the Gold Cross of Merit Dr. Downing served many roles throughout ness of the Year. from the President of Hungary for his involve- his lifetime but was best known for his time In recent years, Jim has served on the ment in assisting Hungary in their efforts to spent as WKU’s president. Before serving as Lewiston Planning Board, the Board of Over- join the North Atlantic Treaty Organization. president, Dr. Downing became the univer- seers at St. Joseph’s College, the Board of Mr. Speaker and colleagues, please join me sity’s registrar in 1959. Three years later, he the Finance Authority of Maine, President of in honoring an outstanding individual who has was named dean of admissions. He then took the Board of the Lewiston Auburn Occupa- committed himself toward the cause of free- the administrative affairs vice president posi- tional Center, a member of the Maine Small dom and liberty. tion when it was created and held that position Business Coalition and a youth soccer league f until becoming WKU’s president in 1969. coach. During his decade long tenure as president, IN RECOGNITION OF PHIL DALY There are few individuals more deserving of Dr. Downing could be found socializing with HOSE COMPANY #2 this award than Jim. His commitment to his students, staying involved with WKU sports, state, community and customers is unprece- and consistently keeping the campus in dented, and I am pleased that he is being rec- HON. FRANK PALLONE, JR. praiseworthy shape. He resigned as president ognized. OF NEW JERSEY in 1979, but not without first leaving his legacy Mr. Speaker, I hope you will join me in hon- IN THE HOUSE OF REPRESENTATIVES on the hill. oring Jim Wellehan, the 2011 recipient of the Tuesday, May 3, 2011 Dr. Downing always conducted himself as a Auburn Business Association Good Citizen man of honor, loyalty and spirit. He exempli- Mr. PALLONE. Mr. Speaker, I rise today to Award. fied to the fullest extent how indeed ‘‘The Spir- congratulate the Phil Daly Hose Company #2 f of Long Branch, New Jersey, as its members it Makes the Master.’’ I ask my colleagues to join me in honoring gather to celebrate its 125th Anniversary. IN HONOR OF CEDRIC THORBES Dr. Dero G. Downing for his many great con- Since its founding in 1886, Phil Daly Hose tributions to the Commonwealth of Kentucky Company has faithfully protected the local HON. DENNIS J. KUCINICH and as an architect in contributing to the suc- residents, businesses and visitors of the City. OF OHIO cesses of Western Kentucky University Their honorable and courageous actions are IN THE HOUSE OF REPRESENTATIVES throughout his adult life. undoubtedly deserving of this body’s recogni- tion. Tuesday, May 3, 2011 f Phil Daly Hose Company continues to ex- Mr. KUCINICH. Mr. Speaker, I rise today in SERGEANT KINTERKNECHT, OFFI- pand their capabilities through the acquisition honor of Cedric Thorbes, a young man who CER RAGSDALE AND OFFICER of new technology. The Art Smeal Pumper, has displayed outstanding leadership. Mr. WITTE TRIBUTE capable of delivering 2000 gallons of water Thorbes has been named 2011’s Youth per minute, will provide the fire company with Champion by Voices for Ohio’s Children. HON. SCOTT R. TIPTON greater capabilities to assist residents and pro- Cedric Thorbes was born in Liberal, Kansas OF COLORADO vide greater services to the citizens of Long and raised in Cleveland, Ohio. He is currently IN THE HOUSE OF REPRESENTATIVES Branch. Similarly, the addition of the Emer- a senior at Glenville High School, where he is gency One Rescue Truck has expanded the a merit-roll student and President of his senior Tuesday, May 3, 2011 fire company’s abilities to assist with rescue class. Outside of school, Mr. Thorbes can Mr. TIPTON. Mr. Speaker, it is a true honor mission throughout the area. Phil Daly Hose often be found giving back to his community. to stand and pay tribute to three members of Company has a proud and long standing his- He currently serves as the President of the the Montrose Police Community that displayed tory of valor and sacrifice. Their heroic actions Cleveland NAACP Youth Council, Chapter courage exceeding the call of duty. On July while serving their community is a testament President of the Southern Christian Leader- 25th, 2009, Sergeant Kinterknecht, along with to the selfless actions of the members to pro- ship Conference, and the Youth President of Officers Ragsdale and Witte, and other mem- tect and serve the residents of Long Branch. the Brotherhood, Respect, Intelligence, Con- bers of the Montrose Police Department and The members of this fire company continue to duct, and Knowledge (BRICK) program. Montrose County Sheriff’s Department re- exemplify their unwavering dedication and Cedric has also served as a leadership am- sponded to a domestic violence call that service for their fellow citizens and community. bassador for the Cleveland Metropolitan quickly turned violent. Mr. Speaker, please join me in honoring Phil School District. Soon after authorities arrived, gunfire erupt- Daly Hose Company #2 on its 125th Anniver- Cedric has been recognized by the Cleve- ed, tragically leaving Sergeant Kinterknecht fa- sary and thanking the men and women who land community for his service and was the tally wounded, and Officers Ragsdale and

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.007 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E790 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 Witte severely wounded in both of their legs. HONORING CROATION PRESIDENT to make the most of their education and de- In the chaos that followed many other police IVO JOSIPOVIC´ velop a work ethic which will guide them for personnel responded boldly providing CPR the rest of their lives. and other life saving techniques as needed, HON. ELTON GALLEGLY I extend my deepest congratulations to while securing the crime scene. OF CALIFORNIA Lance Ortiz for winning the Arvada Wheat Sergeant Kinterknecht, a Montrose native, IN THE HOUSE OF REPRESENTATIVES Ridge Service Ambassadors for Youth award. has been posthumously awarded the Purple I have no doubt he will exhibit the same dedi- Tuesday, May 3, 2011 Heart and the Medal of Honor by the cation and character in all his future accom- Montrose Police Department for his valor in Mr. GALLEGLY. Mr. Speaker, I would first plishments. the face of great and imminent danger. Ser- like to thank Croatian President Ivo Josipovic´ f geant David Kinterknecht had been involved for traveling to the United States and taking with law enforcement since he was 14, as a part in the Congressional Croatian Caucus IN TRIBUTE TO TEMPLE BETH member of the Montrose Police Explorers, a kick-off event. EMETH V’OHR PROGRESSIVE local youth group. He was a committed family Although President Josipovic´ has been in SHAARI ZEDEK ON THE OCCA- man who is survived by his wife Kathy and his office for little over a year, his record in pro- SION OF THEIR CENTENNIAL daughters Andrea and Amanda. moting an environment of genuine regional YEAR Officer Rodney Ragsdale, who made his dialogue, better mutual understanding, across- way to Montrose from Suburban Denver, was the-board cooperation, and a Euro-Atlantic HON. ANTHONY D. WEINER another man who had been deeply involved in perspective for the whole of South East Eu- OF NEW YORK law enforcement. Officer Ragsdale was shot in rope has been noteworthy. IN THE HOUSE OF REPRESENTATIVES Since taking office he has pursued the path both of his legs, and for his display of bravery Tuesday, May 3, 2011 he was also awarded the Purple Heart and the of regional reconciliation, a policy that has Medal of Honor by the Montrose Police De- been matched with concrete action. For exam- Mr. WEINER. Mr. Speaker, I rise to recog- partment. ple, President Josipovic´ expressed regret for nize Temple Beth Emeth v’Ohr Progressive Officer Larry Witte was just 23 at the time all the victims of the tragic events of the 1990s Shaari Zedek on their 100th Anniversary. The of the incident, and only two years out of irrespective of their ethnic background, reli- temple has provided faithful and devoted serv- Western State College in Gunnison. Officer gious identity, or country of origin. He has also ice to the Brooklyn community and has shown Witte was also severely wounded from gun- pursued open dialogue with all the key part- great commitment to the Jewish religion. shot wounds in both of his legs, and for his ners in the region of South East Europe, but For 100 years, Temple Beth Emeth v’Ohr steadfastness in dire circumstances he was in particular with Serbian and Bosnian and Progressive Shaari Zedek has shown great also awarded the Purple Heart and the Medal Herzegovinian high officials. dedication to the Brooklyn community and has of Honor. Officer Witte has a lovely wife, Chel- His efforts at promoting the eventual mem- instilled their members with a strong sense of sea, and a beautiful young daughter, Julia. He bership of all the countries in the region into Jewish identity. I commend this outstanding has recovered from his wounds and is back the EU and NATO, have been widely recog- temple and the excellent work they have done on patrol in Montrose. nized. President Josipovic´’s effort in realizing in the Brooklyn community and the City of New York. Mr. Speaker, it has been an honor to rise in ‘‘Europe, whole, free and at peace’’ is ac- Temple Beth Emeth v’Ohr Progressive tribute to these three brave men. We should knowledged and has been highly commended Shaari Zedek represents the best of the never forget the sacrifices the men and by the Administration and prominent members Brooklyn community. They have dedicated women in law enforcement make every day to of Congress, as it complements U.S. efforts in their talents to provide their neighbors time for insure our safety, and the sacrifices of their that part of the world. spiritual reflection and renewal with weekly families. To Officer Ragsdale and Officer Croatia’s two-year-long record of NATO Shabbat services and have improved the qual- Witte, thank you for your service and gallantry. membership already bears his mark. President ity of life for their neighbors, friends, and fam- To the Kinterknecht family, our thoughts and Josipovic´ showed strong leadership and re- ily. prayers have, and continue to be, with you all. sponsibility at the December 2010 NATO sum- Temple Beth Emeth v’Ohr Progressive Sergeant Kinterknecht gave his life in service, mit in Lisbon, in regard to Croatian contribu- Shaari Zedek is truly a pillar of strength built and he shall not be forgotten. tions to NATO led peace-keeping missions. Moreover, he has offered his strong support to on the support of their faithful members. Their members’ generous and active involvement f Allied efforts in Afghanistan, where Croatian troops and experts assist in transitioning this has contributed to the many years of phe- KATHRYNN MERRILLS country to stability and security, using its own nomenal service that the temple has provided. capabilities, which was clearly expressed on I am honored to recognize Temple Beth his recent visit to Kabul. Emeth v’Ohr Progressive Shaari Zedek on the HON. ED PERLMUTTER Again, on behalf of the Congressional Cro- occasion of their centennial year and further OF COLORADO atian Caucus, I would like to welcome Presi- extend my gratitude for their many loyal years IN THE HOUSE OF REPRESENTATIVES dent Josipovic´ to the United States and for his of service to the Brooklyn community and I Tuesday, May 3, 2011 role in building a closer friendship between our hope they continue to grow and provide the two nations. quality service for which they are so well Mr. PERLMUTTER. Mr. Speaker, I rise known. today to recognize and applaud Kathrynn f f Merrills for receiving the Arvada Wheat Ridge LANCE ORTIZ Service Ambassadors for Youth award. 75TH ANNIVERSARY OF ST. Kathrynn Merrills is a 7th grader at Oberon HON. ED PERLMUTTER GEORGE ORTHODOX CHURCH Middle School and received this award be- OF COLORADO cause her determination and hard work have IN THE HOUSE OF REPRESENTATIVES HON. DALE E. KILDEE allowed her to overcome adversities. OF MICHIGAN Tuesday, May 3, 2011 The dedication demonstrated by Kathrynn IN THE HOUSE OF REPRESENTATIVES Merrills is exemplary of the type of achieve- Mr. PERLMUTTER. Mr. Speaker, I rise ment that can be attained with hard work and today to recognize and applaud Lance Ortiz Tuesday, May 3, 2011 perseverance. It is essential students at all for receiving the Arvada Wheat Ridge Service Mr. KILDEE. Mr. Speaker, I rise today to levels strive to make the most of their edu- Ambassadors for Youth award. Lance Ortiz is recognize the 75th anniversary of St. George cation and develop a work ethic which will a 12th grader at Jefferson Senior High and re- Orthodox Church. The parish celebrated this guide them for the rest of their lives. ceived this award because his determination occasion this past weekend with a banquet I extend my deepest congratulations to and hard work have allowed him to overcome and brunch. Kathrynn Merrills for winning the Arvada adversities. The parish was organized in 1936 by fami- Wheat Ridge Service Ambassadors for Youth The dedication demonstrated by Lance Ortiz lies that had immigrated from Lebanon, Syria award. I have no doubt she will exhibit the is exemplary of the type of achievement that and Palestine. Due to the success of these same dedication and character in all her future can be attained with hard work and persever- immigrants the parish thrived and the first accomplishments. ance. It is essential students at all levels strive church was built in 1938. Many of the original

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.010 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E791 members remain a vibrant part of parish life to LYDIA AGEDE War II. And the Island of Corregidor was the this day. The parish relocated to the existing culmination of the Japanese campaign for the church 40 years ago in 1971. Currently there HON. ED PERLMUTTER Philippines. It was on Corregidor that Frank are 230 families that make their spiritual home OF COLORADO and others, cornered and outnumbered, en- at St. George Orthodox Church. Despite the IN THE HOUSE OF REPRESENTATIVES dured multiple waves of attacks. They held diversity of cultures among the parishioners, Tuesday, May 3, 2011 their ground. The fighting intensified until Jap- anese tanks went into action and stacked the the Church members are united in their Ortho- Mr. PERLMUTTER. Mr. Speaker, I rise odds against the Marines on the Island. dox Faith rooted in Apostolic Succession. today to recognize and applaud Lydia Agede Many were wounded, and under fear that Mr. Speaker, I ask the House of Represent- for receiving the Arvada Wheat Ridge Service Japanese landings would continue overnight, atives to join me in congratulating Father Jo- Ambassadors for Youth award. Lydia Agede is General Jonathan Wainright made the deci- seph Abud, the parishioners, clergy, staff, and a 12th grader at Standley Lake High School sion to surrender. friends of St. George Orthodox Church for 75 and received this award because her deter- General Wainright’s famous words to Presi- years of worship, fellowship, and inspiration. mination and hard work have allowed her to dent Roosevelt provide a clear window into the conditions facing Marines on Corregidor, May God continue to bless the parish with en- overcome adversities. The dedication demonstrated by Lydia saying ‘‘There is a limit of human endurance, thusiasm and spiritual growth for many, many Agede is exemplary of the type of achieve- and that point has long passed.’’ On May 6, years to come. ment that can be attained with hard work and 1942, the Corregidor garrison, with two offi- perseverance. It is essential students at all cers sent forward with a white flag, surren- f levels strive to make the most of their edu- dered to the Japanese. cation and develop a work ethic which will Frank’s account of these events aptly re- VIVIAN FIELD MIDDLE SCHOOL guide them for the rest of their lives. flects the attitude of a Marine rifleman. An atti- CELEBRATING 50 YEARS OF EDU- I extend my deepest congratulations to tude, in fact, that reflects the tradition and CATION Lydia Agede for winning the Arvada Wheat honor of the Marine Corps to this day. Franks Ridge Service Ambassadors for Youth award. asserts that, ‘‘we never surrendered. We were I have no doubt she will exhibit the same dedi- ordered to stop fighting.’’ HON. KENNY MARCHANT cation and character in all her future accom- Frank was put on a ‘‘hell ship’’ and trans- ported to japan with other Prisoners of War, OF TEXAS plishments. where he was starved and nearly worked to f IN THE HOUSE OF REPRESENTATIVES death in a nickel and lead mine for over three TRIBUTE TO USMC MASTER years. Still, Frank did not lose his spirit or his Tuesday, May 3, 2011 SERGEANT FRANK MASON desire to live. With some incredible fortune Mr. MARCHANT. Mr. Speaker, it is with and personal resourcefulness, Frank survived. great pride that I rise today to recognize the HON. DUNCAN HUNTER And when most people might say they’ve done their part and try restoring some nor- 50th anniversary of Vivian Field Middle OF CALIFORNIA malcy to their lives, Frank made the conscious School. As a former student of Carrollton- IN THE HOUSE OF REPRESENTATIVES decision to stay in the Marine Corps. His ex- Tuesday, May 3, 2011 Farmers Branch ISD, it gives me great satis- traordinary levels of experience, fortitude and faction to recognize Vivian Field Middle School Mr. HUNTER. Mr. Speaker, every so often, resilience, would be needed yet again, this for its five decades of educational excellence. the heroism of America’s greatest generation time in Korea. In 1960, Tom Field, a former county com- is relived through personal accounts, cere- Less than a decade after the World War II missioner and staunch supporter of public mony and celebration. It was these Americans victory parades rolled through America, education, donated 7.5 acres of land to who lead our nation to victory in Europe and Frank’s next test would come during the Ko- Carrollton-Farmers Branch ISD for a new the Pacific during World War II, and then re- rean War and the historic battle of the Chosin turned home to build an economy and set the school. Mr. Field, however, had one require- Reservoir—a badge of pride for the Marine gold standard for future generations to not Corps, which, once again, faced insurmount- ment of the school district: the new school had only admire, but to follow. able odds against a formidable enemy. Frank to be named after his wife, Vivian. The school One of these great Americans, Marine showed that the right leadership and experi- district honored his wish and constructed Viv- Corps Master Sergeant Frank Mason, is cele- ence is invaluable, under even the most dif- ian Field Junior High School. brating his 90th birthday, a significant mile- ficult and dangerous conditions. Vivian Field Junior High School opened in stone that encompasses a lifetime of service It’s impossible to quantify Frank’s contribu- the fall of 1961. The school consisted of the and sacrifice. Frank’s story, starting with his tion to the nation, but what’s certain is that sixth, seventh, and eighth grades. The main childhood and carrying through his career in there are only a few Americans whose experi- building was structured with three wings which the Marine Corps, is truly inspiring. And his ence and sacrifice compare to his. Frank is were connected by a gymnasium on the courage as a prisoner of war following the fall part of an elite class of Americans who de- southeast side and a cafeteria on the west of the Philippines is an example of the same serve our unending appreciation. It was Ronald Reagan who famously said, side. In 1969, to accommodate its growing American selflessness and fighting spirit that continues to motivate the men and women of ‘‘Some people live an entire lifetime and won- student body, Vivian Field Junior High School der if they have made a difference in the constructed an additional wing, providing a for- the Marine Corps, and every other American who understands that freedom comes at a world. Marines don’t have that problem.’’ Mr. mal entrance and additional classrooms. Since cost. Speaker, I believe Frank is an example of the opening, the school has changed its name to Seeing both an obligation of duty and op- type of Marine President Reagan had in mind. Vivian Field Middle School to better reflect the portunity in the Marine Corps, Frank enlisted Frank made a difference and we are all thank- grades and programs. in the Marines in 1937 at 17 years of age. ful for his service. Today, Vivian Field Middle School has ap- Frank was assigned to the 1st Battalion, 4th On the occasion of his 90th birthday, I ask proximately 900 students across three grades. Marine Regiment and, after a year in Hawaii, that my colleagues join me in paying tribute to The middle school has been honored by the he joined the Battalion in Shanghai, China— Master Sergeant Frank Mason—a true Amer- ican hero. Texas Education Agency as a ‘‘Recognized’’ 0a part of the world that, outside of books and school from 2005 to 2010, and has been com- maps, was unfamiliar to most Americans— f mended on the State and National level for until the threat of a Japanese attack forced the LIZBETH BLANCO-RAMOS continually providing an outstanding education evacuation of all American troops on Novem- for its students. ber 28, 1941—days before the bombing of HON. ED PERLMUTTER Pearl Harbor. Frank’s next stop was the Phil- OF COLORADO Mr. Speaker, on behalf of the 24th District of ippines, where the Marines would soon put up IN THE HOUSE OF REPRESENTATIVES Texas, I ask all my distinguished colleagues to a valiant fight against a determined and relent- join me in commending the administrators, less Japanese enemy committed to fighting Tuesday, May 3, 2011 teachers, and students of Vivian Field Middle until the last man. Mr. PERLMUTTER. Mr. Speaker, I rise School for its five decades of exemplary edu- The Philippines was a strategic asset for today to recognize and applaud Lizbeth Blan- cation in our community. both the U.S. and the Japanese during World co-Ramos for receiving the Arvada Wheat

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.013 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E792 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 Ridge Service Ambassadors for Youth award. IN RECOGNITION OF ROBERT The dedication demonstrated by Kayla Trejo Lizbeth Blanco-Ramos is a 12th grader at ‘‘BOB’’ FLETCHER, JR. is exemplary of the type of achievement that Warren Tech North and received this award can be attained with hard work and persever- because her determination and hard work HON. DORIS O. MATSUI ance. It is essential students at all levels strive have allowed her to overcome adversities. OF CALIFORNIA to make the most of their education and de- The dedication demonstrated by Lizbeth IN THE HOUSE OF REPRESENTATIVES velop a work ethic which will guide them for Blanco-Ramos is exemplary of the type of Tuesday, May 3, 2011 the rest of their lives. achievement that can be attained with hard I extend my deepest congratulations to Ms. MATSUI. Mr. Speaker, I rise today to work and perseverance. It is essential stu- Kayla Trejo for winning the Arvada Wheat recognize and honor Mr. Robert Fletcher, Jr. dents at all levels strive to make the most of Ridge Service Ambassadors for Youth award. for his commendable service to Sacramento their education and develop a work ethic I have no doubt she will exhibit the same dedi- Japanese-American families during World War which will guide them for the rest of their lives. cation and character in all her future accom- II and his work in the Sacramento community. plishments. I extend my deepest congratulations to Bob Fletcher was born on July 26, 1911 in f Lizbeth Blanco-Ramos for winning the Arvada San Francisco, California to Robert Fletcher, Wheat Ridge Service Ambassadors for Youth Sr. and Olive Barkley. Following his upbringing IN HONOR OF M. SHIRLEY AUSTIN, award. I have no doubt she will exhibit the in Redwood, Bob attended the University of OF HOLBROOK, MA same dedication and character in all her future California, Davis, where he received a degree accomplishments. in Agriculture Science in 1933. HON. STEPHEN F. LYNCH Following his graduation from UC Davis, OF MASSACHUSETTS f Bob worked as a state fruit and vegetable in- IN THE HOUSE OF REPRESENTATIVES spector at various locations, including the Flor- HONORING COMMAND SERGEANT in Train Station, where he became friends with Tuesday, May 3, 2011 MAJOR ROBERT VAN PELT several local Japanese-American farm owners. Mr. LYNCH. Mr. Speaker, I rise today in In 1940, Bob became the director of the Sac- honor of M. Shirley Austin, in recognition of HON. CHRISTOPHER P. GIBSON ramento County Farm Bureau. her outstanding civic contributions to Holbrook, After the December 7, 1941 attack on Pearl OF NEW YORK Massachusetts, and to commend her for a life- Harbor and the subsequent internment of Jap- IN THE HOUSE OF REPRESENTATIVES time of dedicated service to her community. anese-Americans, Bob quit his job as a state Shirley has dedicated over 45 years of loyal Tuesday, May 3, 2011 agriculture inspector and took control of three service to her town, beginning in 1966. For 39 Japanese-American family farms belonging to Mr. GIBSON. Mr. Speaker, I rise today on of those years, she has tirelessly served Hol- the Tsukamotos, Nittas and Okamotos. He brook as Town Clerk. Shirley was first elected behalf of the people in New York’s 20th Dis- farmed the 90 acres of land until they returned trict to express our sincere appreciation for the as Town Clerk in 1972, and has been elected home in 1945, when he returned their land to in 13 consecutive elections over the 39 year dedication and sacrifices of one of our own, them and split half the profits. Command Sergeant Major Robert Van Pelt. time span. Bob’s desire to improve his community con- During her distinct career, Shirley has been CSM Van Pelt selflessly and courageously tinued, and, in 1953, he helped form the Florin a continuous member of the New England served in the United States Army between Fire Protection District, a local volunteer fire Town Clerks Association, and served as the March 1969 and December 1971, after which department at which he served as a volunteer Association’s Massachusetts representative. In he joined the New York National Guard. Dur- Assistant Chief for 20 years, then served as addition, she was also a member of the Tri- ing his time in both the Army and National the Chief for an additional 12 years. He retired County (Norfolk, Plymouth, Bristol) Town Guard, CSM Van Pelt served a vital role as a in November of 1974. Clerks Association and continued her leader- Fixed Station Autodin Technical Controller and In October of 1959, Bob helped found the ship as the organization’s secretary. NCO in other units related to Signal corps op- Florin County Water District, to protect the An active participant in her community, Shir- erations. He served with distinction and honor water rights of local farmers and provide clean ley has been a member of the Holbrook Town and achieved the impressive rank of Com- water to the community. After more than 40 Democratic Committee for over 40 years. Her mand Sergeant Major of the NY Army National years, Bob continues to serve as a board extensive and impressive resume also in- Guard in 1991. During this period, CSM Van member to this day. cludes serving as a member of the Holbrook Pelt served in the Vietnam War, most notably In 1985, Bob helped form the Florin Histor- Rotary Club, a leader of the Holbrook Rotary in the First Signal Brigade in Phu Lam, Re- ical Society, and donated five acres of his land Club’s Student Government Day, and a Direc- public of Vietnam and earned numerous med- to build the Florin Community History Center tor for the Randolph Savings Bank. als and commendations, including Meritorious and adjacent park, to preserve the history of Lastly and most importantly, Shirley has Service Medal with Oak Leaf Cluster, the Viet- the Florin community. been a trusted advisor and mentor to the town nam Service Medal with one star, and the Hu- Mr. Speaker, I am honored to recognize Mr. of Holbrook, providing citizens with valuable manitarian Service Medal, among many oth- Robert Fletcher, Jr. for his meritorious work in and experienced advice for decades. ers. the Sacramento community, his ability to look Mr. Speaker, it is my distinct honor to take Outside of this service, CSM Van Pelt also past racial barriers and help save the farms of three Japanese-American families, and his the Floor of the House today to join with Shir- achieved many other milestones, including ley’s family, friends, and contemporaries to completing Advanced Signal NCO Course more than 80 years of outstanding civil serv- ice. I ask all my colleagues to join me in com- thank her for her remarkable civic service to Phase 2 at Ft. Gordon, GA, and the USA Ser- her hometown of Holbrook, Massachusetts, geants’ Major Academy, Class #37 at Ft. mending Bob Fletcher for his truly remarkable service. and to the United States of America. I hope Bliss, TX, as well as receiving a Bachelor of my colleagues will join me in celebrating Shir- Science Degree at State University of New f ley’s distinguished career and in wishing her York. In addition, he has been happily married KAYLA TREJO good health and success in all of her future for almost 40 years to his wife, Deborah, with endeavors. whom he has two daughters, Stephanie and f Sandra. He continues his professional ad- HON. ED PERLMUTTER vancement through the electrical industry as OF COLORADO KAYLEEN LAWTON an Instrumentation and Controls supervisor IN THE HOUSE OF REPRESENTATIVES and his membership in IBEW Local Union Tuesday, May 3, 2011 HON. ED PERLMUTTER #25. Mr. PERLMUTTER. Mr. Speaker, I rise OF COLORADO It is an honor to know that such impressive today to recognize and applaud Kayla Trejo IN THE HOUSE OF REPRESENTATIVES and dedicated men and women like CSM Van for receiving the Arvada Wheat Ridge Service Pelt are willing to sacrifice so much in the Ambassadors for Youth award. Kayla Trejo is Tuesday, May 3, 2011 name of freedom. It is even more moving that a 12th grader at Jefferson Senior High and re- Mr. PERLMUTTER. Mr. Speaker, I rise my family and I have the privilege of their pro- ceived this award because her determination today to recognize and applaud Kayleen tection in our home state and district. I thank and hard work have allowed her to overcome Lawton for receiving the Arvada Wheat Ridge CSM Van Pelt and his family for their service. adversities. Service Ambassadors for Youth award.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.014 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E793 Kayleen Lawton is an 8th grader at North Ar- led efforts to secure additional open space (in- hard work have allowed her to overcome ad- vada Middle School and received this award cluding Ohlone Park and the East Shore State versities. because her determination and hard work Park). The dedication demonstrated by Malorey have allowed her to overcome adversities. From there, she served President Clinton’s Bopp is exemplary of the type of achievement The dedication demonstrated by Kayleen administration as head of the Western Re- that can be attained with hard work and perse- Lawton is exemplary of the type of achieve- gional Office of the U.S. Department of Edu- verance. It is essential students at all levels ment that can be attained with hard work and cation, where she helped direct millions in fed- strive to make the most of their education and perseverance. It is essential students at all eral funding to launch after-school, early read- develop a work ethic which will guide them for levels strive to make the most of their edu- ing preparation, college preparedness and ca- the rest of their lives. cation and develop a work ethic which will reer-to-school programs in California schools. I extend my deepest congratulations to guide them for the rest of their lives. She also oversaw a host of domestic volun- Malorey Bopp for winning the Arvada Wheat I extend my deepest congratulations to teer programs as President Jimmy Carter’s Ridge Service Ambassadors for Youth award. Kayleen Lawton for winning the Arvada Wheat Regional Director for ACTION (the precursor I have no doubt she will exhibit the same dedi- Ridge Service Ambassadors for Youth award. of the Corporation for National Service). cation and character in all her future accom- I have no doubt she will exhibit the same dedi- In 2002, Loni Hancock began three terms plishments. cation and character in all her future accom- representing the 14th District in the California f plishments. State Assembly. She was elected to the Cali- HEMP HISTORY WEEK f fornia State Senate in 2008, and currently rep- resents the 9th State Senate District. As a HONORING CALIFORNIA STATE State Legislator, Loni Hancock has authored HON. RON PAUL SENATOR LONI HANCOCK landmark legislation and provided leadership OF TEXAS on important issues. Her work has led to poli- IN THE HOUSE OF REPRESENTATIVES HON. BARBARA LEE cies that improve and preserve our public Tuesday, May 3, 2011 OF CALIFORNIA schools, invest in programs to prevent crime IN THE HOUSE OF REPRESENTATIVES and reduce recidivism, provide multi-faceted Mr. PAUL. Mr. Speaker, I rise to speak about Hemp History Week. To celebrate the Tuesday, May 3, 2011 protection of our environment and encourage increased efficiency and fair elections in state American heritage of growing industrial hemp, Ms. LEE. Mr. Speaker, I rise today to honor government the Hemp Industries Association, Vote Hemp, the extraordinary career of California State On behalf of California’s 9th Congressional American manufacturers, and allied compa- Senator Loni Hancock as we celebrate 40 District, State Senator Loni Hancock, I salute nies and organizations have declared May 2 years of her dedicated public service. Having you. Your 40 years of public service have to May 8, 2011 to be Hemp History Week. served on local, state and federal levels of made an indelible mark in our community. Throughout the week, people will recognize government throughout her career, she made Thank you for your continued work, and best America’s legacy of industrial hemp farming history as the first woman elected to be Mayor wishes to you and your loved ones in the and call for reinstating respect for farmers’ of the City of Berkeley. Senator Hancock con- years to come. basic right to grow industrial hemp. tinues to be a celebrated, invaluable member Industrial hemp was legally grown through- f of the California State Legislature, and we join out our country for many years. In fact, together in praise of her remarkable contribu- PERSONAL EXPLANATION George Washington and Thomas Jefferson tions to the Bay Area, California, and beyond. grew industrial hemp and used it to make Raised on the East Coast, Loni Hancock re- HON. TIM GRIFFIN cloth. During World War II, the federal govern- ceived her B.A. from Ithaca College in 1963. OF ARKANSAS ment encouraged American farmers to grow After moving to Berkeley with her family upon hemp to help the war effort. IN THE HOUSE OF REPRESENTATIVES graduation, she earned an M.A. in Social Psy- Despite industrial hemp farming being an chology from the Wright Institute in 1978. Her Tuesday, May 3, 2011 important part of American history, the federal four decades of advocacy for social justice, Mr. GRIFFIN of Arkansas. Mr. Speaker, on government has banned cultivation of this environmental protection, economic develop- Monday, May 2, 2011, I missed the rollcall crop. In every other industrialized country, in- ment and access to high-quality, affordable vote No. 278 for unavoidable reasons. dustrial hemp, defined to contain less than 0.3 education and health care began with her in- Specifically, my direct flight from Little Rock, percent THC—the psychoactive chemical volvement in the historical political movements Arkansas, to the Baltimore-Washington Inter- found in marijuana, may be legally grown. No- of the 1960s and 1970s. national Airport (BWI) that was scheduled to body can be psychologically affected by con- Like many involved in Berkeley’s hotbed of depart at 10:40 a.m. (CDT) and to arrive at suming industrial hemp. Unfortunately, be- political activism, Ms. Hancock’s opposition to 2:05 p.m. (EDT) was delayed due to mechan- cause of a federal policy that does not distin- the war in Vietnam and her work championing ical failure for approximately four hours and guish between growing industrial hemp and racial justice and women’s equality led her to did not arrive until 6:15 p.m. (EDT) at BWI. growing marijuana, all industrial hemp must be community organizing. She was active in the Because of this delay I did not arrive at the imported. The result is high prices, outsourced Community for New Politics (which later be- Capitol until after rollcall vote No. 278 had jobs, and lost opportunities for American man- came the Berkeley Coalition), Women for concluded. ufacturing. Peace, and Bay Area Women Against Rape. I would have voted as follows: Rollcall vote Reintroducing industrial hemp farming in the In 1971, Loni Hancock began eight years of No. 278: ‘‘yea’’ (H.R. 1423, to designate the United States would bring jobs to communities service as an elected member of Berkeley City facility of the United States Postal Service lo- struggling in today’s economy, provide Amer- Council. In that role, she had the opportunity cated at 115 4th Avenue Southwest in Ard- ican farmers with another crop alternative, and to shape programs and policies that reflected more, Oklahoma, as the ‘‘Specialist Micheal E. encourage the development of hemp proc- the nation’s burgeoning civic reforms, includ- Phillips Post Office’’). essing factories near American hemp farming. ing affirmative action hiring of women and f Industrial hemp is used in many products. people of color, job and benefits restructuring For example, industrial hemp is used in pro- for city workers, and the administration of pa- MALOREY BOPP tein supplements, non-dairy milk, and frozen rental leave, rent control, recycling programs desserts. Hemp flour is in breads, crackers, and campaign finance reform. As a council HON. ED PERLMUTTER chips, dips, and dressings. Hemp seeds may member, she also successfully pushed to pre- OF COLORADO be eaten plain or added to prepared foods. serve the Berkeley marina and its surrounding IN THE HOUSE OF REPRESENTATIVES Additionally, hemp oil is used in a number of wildlife from development. cosmetic and body care products, and hemp From 1986 to 1994, she served two terms Tuesday, May 3, 2011 fiber is used in cloths. Industrial hemp is also as the first elected woman Mayor of Berkeley, Mr. PERLMUTTER. Mr. Speaker, I rise present in bio-composite materials used in resulting in the city’s urban renaissance and today to recognize and applaud Malorey Bopp buildings and automobiles. the revitalization of its downtown. During a for receiving the Arvada Wheat Ridge Service I first introduced the Industrial Hemp Farm- tough economic climate, she balanced seven Ambassadors for Youth award. Malorey Bopp ing Act six years ago to end the federal gov- consecutive city budgets, forged innovative is an 8th grader at Arvada K–8 and received ernment’s ban on American farmers growing city partnerships with the school district and this award because her determination and industrial hemp. Since then, the industrial

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.016 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E794 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 hemp industry has grown much larger. Despite Mr. Speaker, I request that my colleagues The tensions before the American Civil War its American history, industrial hemp is the join me in paying tribute to the first annual led to a famous duel in 1859 near Lake only crop that we can buy and sell but not Roosevelt Island Cherry Blossom Festival and Merced. California was divided between pro- farm in the United States. The federal govern- all its organizers and volunteers. The Fes- slavery and Free Soil advocates. Two of the ment should change the law to allow American tival’s mission of serving others offers inspira- main figures in this debate were U.S. Senator farmers to grow this profitable crop as Amer- tion to us all. David Broderick, a Free Soil advocate, and ican farmers have through most of our nation’s f David Terry, a former state chief justice in history. I plan to reintroduce the Industrial favor of extending slavery into California. In Hemp Farming Act next week. Please cospon- LORENZO TOLENTINO the duel Terry mortally wounded Broderick sor the Industrial Hemp Farming Act and join who died three days later. This incident is con- me in celebrating Hemp History Week. HON. ED PERLMUTTER sidered the first shot of the Civil War and the f OF COLORADO location marked with two granite shafts is a IN THE HOUSE OF REPRESENTATIVES designated California Historical Landmark. IN RECOGNITION OF THE FIRST Of course Daly City wouldn’t be Daly City ANNUAL ROOSEVELT ISLAND Tuesday, May 3, 2011 without its namesake. John Daly was 13 years CHERRY BLOSSOM FESTIVAL Mr. PERLMUTTER. Mr. Speaker, I rise old when he came to what is now San Mateo today to recognize and applaud Lorenzo County from Boston in 1853. His mother died HON. CAROLYN B. MALONEY Tolentino for receiving the Arvada Wheat during the Panama crossing and young Daly had to fend for himself. He found work on a OF NEW YORK Ridge Service Ambassadors for Youth award. dairy farm and learned the business quickly. IN THE HOUSE OF REPRESENTATIVES Lorenzo Tolentino is an 8th grader at Creighton Middle School and received this He married his boss’ daughter and in 1868 Tuesday, May 3, 2011 award because his determination and hard bought his own 250 acres on the ‘‘top of the Mrs. MALONEY. Mr. Speaker, I rise to work have allowed him to overcome adversi- hill.’’ He soon supplied milk and dairy products honor the First Annual Roosevelt Island Cher- ties. from his own cows and other dairies in the ry Blossom Festival, which took place last The dedication demonstrated by Lorenzo area and became a prominent businessman. Populations were growing in San Francisco month on Roosevelt Island in the heart of New Tolentino is exemplary of the type of achieve- and on the south peninsula, but not in the York City. This ‘‘Celebration of Hope’’ featured ment that can be attained with hard work and Daly City area—until 1906. On the morning of the dedication of a beautiful grove of cherry perseverance. It is essential students at all trees along the Island’s west promenade, April 18, 1906 a major earthquake off the levels strive to make the most of their edu- coast near Mussel Rock destroyed much of which offers breathtaking views of the Manhat- cation and develop a work ethic which will San Francisco and displaced thousands of tan skyline, as well as numerous cross-cultural guide them for the rest of their lives. people. John Daly, who had moved to San offerings. I extend my deepest congratulations to Francisco, but maintained his business on the Proceeds from the Festival are being do- Lorenzo Tolentino for winning the Arvada top of the hill, opened his farmland up to refu- nated to the Roosevelt Island Japanese Asso- Wheat Ridge Service Ambassadors for Youth gees, offering them temporary shelter, milk, ciation relief drive to aid those affected by the award. I have no doubt he will exhibit the butter and eggs. He realized the value of his recent devastating earthquake and tsunami in same dedication and character in all his future land and subdivided his property in 1907. As Japan, which is also being supported by the accomplishments. streets and housing tracts emerged, the need Japan Society in New York City and des- f for city infrastructure and services grew. The ignated charities. first attempt to incorporate the city of Vista The Roosevelt Island Cherry Blossom Fes- IN RECOGNITION OF THE CENTENNIAL OF DALY CITY Grande in 1908 failed. Three years later, on tival featured performances by four different January 16, 1911, a petition was filed with the traditional music groups and by Roosevelt Is- San Mateo County supervisors to incorporate land’s own ‘‘Karate Kids’’. It also featured nu- HON. JACKIE SPEIER the city of Daly City. In a special election on merous gastronomic exhibits and tastings, in- OF CALIFORNIA March 18, the incorporation narrowly passed cluding a continuous tea ceremony, a sushi IN THE HOUSE OF REPRESENTATIVES in a 132 to 130 vote. and sake tasting offered by Roosevelt Island’s Tuesday, May 3, 2011 Daly City didn’t grow much until the late Fuji East Restaurant, and a beer tasting put 1940s when the developer Henry Doelger on by the Roosevelt Island Bar & Grill. In addi- Ms. SPEIER. Mr. Speaker, I rise to cele- bought 600 acres of sand dunes and built tion, the Festival included many offerings in brate the 100th birthday of the city of Daly Westlake. Doelger houses kept spreading the visual arts, including origami folding les- City, California. Known as the ‘‘Gateway to the West and South. Soon, major Daly City land- sons, a photography contest, and an art auc- Peninsula,’’ Daly City sits at the northernmost marks like Seton Medical Center and tion hosted by the Roosevelt Island Visual Art edge of San Mateo County, stretching from Serramonte Shopping Center were added. Association (RIVAA) Gallery. the Pacific Ocean to the West to almost San Today, Daly City is San Mateo County’s The Roosevelt Island Cherry Blossom Fes- Francisco Bay on the East. largest city with a population of over 108,000. tival truly offered something for everyone: It Although the Ohlone Indians occupied much Residents love their town and are proud of its was free and open to the public, but the pro- of this area since the 6th century, the Spanish diversity. After Honolulu, Daly City has the ceeds from all sales will be donated toward claimed it in the early 16th century. In 1769 second largest Asian American community in Japanese earthquake and tsunami relief. the explorer Don Gaspar de Portola learned of the United States—about half of the residents Roosevelt Island holds a unique place in the the existence of San Francisco Bay and within are Asian and most are Filipino which is why history of our nation’s greatest metropolis. It a few years the Presidio and Mission Dolores the city is commonly called ‘‘Pinoy Capital.’’ began to be developed into a largely residen- were established and European settlers began Mr. Speaker, I ask this body to join me in tial community by the State of New York in to inhabit the north peninsula. celebrating the history and future of the city of 1969 with a master plan designed by the After the Mexican-American War, the U.S. Daly City on this day of its Centennial, March world-renowned architects Philip Johnson and government declared the area between San 22, 2011. John Burgee as its guideline. This design en- Bruno Mountain and Lake Merced government f visioned a diverse mixed-income community in property that could be acquired by private citi- IN RECOGNITION OF NATIONAL a largely traffic-free environment, a plan that zens. This led to a brief land rush by mainly TEACHER DAY has been successfully implemented. Irish settlers who established ranches and The first residential housing complex on farms in what today are the neighborhoods of Roosevelt Island opened in 1975, followed a Serramonte and Westlake and the cities of HON. CHARLES B. RANGEL OF NEW YORK year later by three additional developments. Colma and Pacifica. It didn’t take the farmers IN THE HOUSE OF REPRESENTATIVES Today, Roosevelt Island is famous for its long to discover one of the signature charac- parks, historic landmarks, first-rate health care teristics of the area: fog. Many farmers fled, Tuesday, May 3, 2011 facilities, and its scenic Tramway, the only others converted to dairy and cattle farms. Mr. RANGEL. Mr. Speaker, I rise today, on commuter tram in the United States. It also of- Had Mark Twain visited Daly City instead of National Teacher Day, to recognize the impor- fers a warm and comfortable environment to a San Francisco, he would have changed his tant work of nearly 4 million teachers in public, thriving population of active and involved New well-known statement to ‘‘the coldest winter I private, charter and religious education institu- Yorkers who call it their home. ever experienced was a summer in Daly City.’’ tions all throughout our great nation.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.021 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E795 Teachers go to work every day to educate, LAWRENCE SALAZAR RECOGNIZING NATIONAL MPS inspire and help children of all backgrounds to AWARENESS DAY achieve their dreams and become successful. Among the eighty thousand educators in New HON. ED PERLMUTTER HON. KENNY MARCHANT York City is Dr. Althea Bradshaw-Tyson, prin- OF TEXAS OF COLORADO cipal of The Young Women’s Leadership IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES School (TYWLS) in my Northern Manhattan Tuesday, May 3, 2011 congressional district. Tuesday, May 3, 2011 Mr. MARCHANT. Mr. Speaker, I would like I had the privilege of visiting The Young to recognize the National MPS Society for Women’s Leadership School (TYWLS) of East Mr. PERLMUTTER. Mr. Speaker, I rise their 36 years of supporting families while Harlem and seeing firsthand the extraordinary today to recognize and applaud Lawrence searching for cures. Mucopolysaccharidosis or impact Dr. Bradshaw-Tyson and the teachers Salazar for receiving the Arvada Wheat Ridge MPS is a group of genetically determined have had on their students. Under their guid- Service Ambassadors for Youth award. Law- lysosomal storage diseases that render the ance, TYWLS of East Harlem has made his- rence Salazar is a 9th grader at Jefferson human body incapable of producing certain tory and headlines by providing low-income Senior High and received this award because enzymes needed to break down complex car- students of color an outstanding college-prep his determination and hard work have allowed bohydrates. The damage caused by MPS on education and by offering a personalized, dy- him to overcome adversities. a cellular level adversely affects the body and namic, hands-on learning environment where damages the heart, respiratory system, bones, girls thrive academically. Nearly every student The dedication demonstrated by Lawrence Salazar is exemplary of the type of achieve- internal organs, and central nervous system. of TYWLS graduates on time and attends MPS often results in intellectual disabilities, four-year colleges. ment that can be attained with hard work and perseverance. It is essential students at all short stature, corneal damage, joint stiffness, At a time when our education system needs loss of mobility, speech and hearing impair- stronger support, our teachers are faced with levels strive to make the most of their edu- cation and develop a work ethic which will ment, heart disease, hyperactivity, chronic res- innumerable obstacles. They are being piratory problems, and, most importantly, a guide them for the rest of their lives. blamed for the deficit, their rights taken away drastically shortened life span. and wages slashed. Even worse, their liveli- I extend my deepest congratulations to Law- Symptoms of MPS are usually not apparent hoods are being threatened by mass layoffs in rence Salazar for winning the Arvada Wheat at birth and without treatment; the life expect- school systems across America. Yet class Ridge Service Ambassadors for Youth award. ancy of an individual affected begins to de- sizes keep increasing as school budgets keep I have no doubt he will exhibit the same dedi- crease at a very early stage in their life. Re- being cut. cation and character in all his future accom- search has resulted in the development of lim- We cannot hope to win the future without an plishments. ited treatments for some of the MPS diseases. educated and inspired workforce. Throughout I urge my colleagues and their staff to join this National Teacher Appreciation Week as f me in recognizing May 15, 2011 as National we honor their invaluable service and efforts, MPS Awareness Day. This is an important let us remember the life-changing impact of RECOGNIZING POLISH time during which the MPS disease commu- outstanding educators such as Dr. Bradshaw- CONSTITUTION DAY nity will help increase the awareness of this Tyson, and continue to support our nation’s devastating disease, as well as supporting re- teachers. search to improve treatments, find cures and HON. JANICE D. SCHAKOWSKY receive early diagnosis. The MPS families are f encouraged to reflect and support each other OF ILLINOIS and to reach out to those families who have DEDICATION OF STATUE OF IN THE HOUSE OF REPRESENTATIVES lost loved ones to MPS. By wearing their pur- PRESIDENT GERALD FORD ple ribbons and sharing these ribbons within Tuesday, May 3, 2011 their community, they are increasing public HON. DALE E. KILDEE Ms. SCHAKOWSKY. Mr. Speaker, I rise awareness about this disease. This date is today to recognize Polish Constitution Day also the start of the national MPS Run/Walk OF MICHIGAN season along with other local community ac- and to commemorate the signing of Europe’s tivities to raise awareness along with money IN THE HOUSE OF REPRESENTATIVES first codified constitution on May 3, 1791. for research and for family assistance pro- Tuesday, May 3, 2011 Three years after the adoption of our own grams. Mr. KILDEE. Mr. Speaker, I rise today to constitution, Poland became the second nation I commend the National MPS Society for honor the legacy of an extraordinary man, in the world to codify a constitution. Under the their unwavering commitment to bring about dedicated public servant and proud Michi- leadership of King Stanislaw August, Poland awareness of this disease and to continue to gander: President Gerald Ford. approved a constitution that contained many advocate for federal legislation to streamline of the groundbreaking democratic principles the regulatory processes and to speed effec- For 25 years, President Ford served as a also embraced by America’s founding fathers. tive treatments and cures for their loved ones Representative from Michigan. As Minority Among those was the separation of legislative, while advocating for funding of respite and en- Leader he was respected on both sides of the executive, and judicial powers. The constitu- hancing special education. More must be done aisle as a strong and capable leader. As he tion also placed peasants under the protection to find cures and effective treatments. famously said ‘‘I have had a lot of adversaries in my political life, but no enemies that I can of the government and established the con- f remember.’’ cept of political equality. IN RECOGNITION OF CHARLIE He ascended to the Presidency during a dif- Since the adoption of the 1791 Constitution, GETZ ficult chapter in our nation’s history. Through Poland has withstood countless hardships to his dedicated leadership, he helped guide the emerge as a strong U.S. friend and ally. Here HON. JACKIE SPEIER country out of the turmoil caused by Water- in the United States, Polish-Americans have OF CALIFORNIA gate and in the process he distinguished him- made critical contributions to the development IN THE HOUSE OF REPRESENTATIVES self as truly one of the most honorable Presi- of our nation. This weekend, the city of Chi- Tuesday, May 3, 2011 dents we have ever had. cago’s vibrant Polish community, the largest outside of Warsaw, will hold its 120th annual Ms. SPEIER. Mr. Speaker, I rise to con- I have served under seven Presidents in my gratulate Charlie Getz, a nearly four-decade parade in honor of this historic document. 34 years in Congress, but President Ford was veteran of the California Attorney General’s of- the first. His State of the Union Address was I join with people in the United States, Po- fice, on the occasion of his retirement. Charlie the first I had the privilege to attend on the land, and around the world in commemorating has served the people of the Bay Area and floor of the House of Representatives and it is the anniversary of this historic document, cele- the entire state of California with great distinc- an experience I will never forget. brating Polish history, and recognizing the im- tion. Mr. Speaker, I rise today to honor this great portant contributions that the Polish people I got to know Charlie when I first ran for American patriot and proud Michigander. have made to the development of democracy. Congress in 1979 and I’ve considered him a

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.024 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E796 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 close and dear friend ever since. He served guidance of Rabbi Steven Chester as he re- bers and enriched the amazing diversity we as co-manager pf my successful campaign for tires from over 22 years at the helm of East enjoy in Oakland. I congratulate you on your San Mateo County Supervisor in 1980 and Bay’s oldest Synagogue, Temple Sinai, lo- many achievements, and I wish you and your has played a significant role in legislative vic- cated in the City of Oakland. Under Rabbi loved ones all the best in this next chapter of tories at all levels of government. Chester’s excellent leadership, Temple Sinai life. Charlie has worked in the California Attor- has become even more effective in the pro- f ney General’s office for 38 years in numerous motion of worship, education, service and vol- high-level positions, and holds the distinction unteerism within its large congregation, and IN RECOGNITION OF THE CHI of being the second-youngest person to be throughout our community. STATE ORGANIZATION OF THE appointed as Deputy Attorney General IV. He Additionally, with the completion of the new DELTA KAPPA GAMMA SOCIETY investigated the Los Angeles Unified School Rabbi Steven and Leona Chester Campus, INTERNATIONAL District when it built a high school on a toxic the Rabbi’s work and his family’s many con- waste site. He successfully shut down a state- tributions have formed a tangible legacy within HON. DORIS O. MATSUI wide development scam where local govern- Temple Sinai. Consistent with his many years OF CALIFORNIA ment bonds were being used to finance pri- of service, Rabbi Chester’s namesake is a IN THE HOUSE OF REPRESENTATIVES vate developers that preyed on seniors and place of gathering and good works that will Tuesday, May 3, 2011 other people on fixed incomes. Mr. Getz won serve both the modern and traditional needs an Attorney General Award for Excellence, of his beloved congregation. Ms. MATSUI. Mr. Speaker, I rise today in among other honors, for his work on litigation Rabbi Steven Chester’s multi-faceted career recognition of the Chi State Organization of surrounding the infestation of Mediterranean began long before his tenure at Temple Sinai. the Delta Kappa Gamma Society International fruit flies (Medfly). A University of California- After receiving his bachelor’s degree in History as they join together to celebrate their 75th Berkeley study later concluded that his work from the University of California, Los Angeles, year in California. It is a great pleasure to rec- on the Medfly saved the state’s economy $5 he earned a B.H.L from Hebrew Union Col- ognize the Chi State Organization of the Delta billion per year. During that time, Charlie never lege in Los Angeles and an M.H.L from He- Kappa Gamma International Society’s dedica- lost a single case or motion. brew Union College in Cincinnati, Ohio. He tion to promoting the professional and per- Charlie is an avid model railroader. He is a spent a seventh year of rabbinical studies in sonal growth of women educators, and excel- member of the board of directors of the Na- Israel, and was ordained in 1971. By the time lence in education. Over 6,000 California tional Model Railroad Association, has given of his ordination, Rabbi Chester was already a members will celebrate this historic milestone talks around the world about this popular vocal advocate for many social issues, includ- at their annual convention this year, themed hobby, and has written for Narrow Gauge and ing supporting civil rights and ending the war ‘‘Soar on Wings of Transformation.’’ I ask all Shortline Gazette magazine for over 30 years. in Vietnam. This early penchant for activism of my colleagues to join me in honoring their He is an acknowledged expert on the assas- and the promotion of peace and human dignity leadership in our community, our state, and sination of President Kennedy, has lectured on would play a role in Rabbi Chester’s spiritual throughout the country. this subject on numerous occasions and has a teachings and community service throughout Delta Gamma Society International was library of volumes on JFK that is extraordinary. the span of his career. founded in 1929 and the Chi State Organiza- He is a highly-talented poet and not so gifted Spending five years of his rabbinate at Tem- tion was established in 1936. The seven pur- comedian. Charlie could have earned a lot ple Beth Israel in Jackson, Michigan, Rabbi poses of the organization are: to bring women more money over his lifetime if he had gone Chester utilized proximity to the state’s main educators of the world together; to honor into writing comedy for late night television. In- prison to provide weekly counseling and spir- women who are committed to distinctive serv- stead, he dedicated his life to statewide public itual services to its prisoners as the facility’s ice in the field of education; to advance the service. Charlie is also passionate about the Jewish chaplain. From 1976 to 1989, Rabbi professional interest of women in education; to public’s interest at the local level. Despite a Chester served Temple Israel, located in initiate, endorse and support legislation and demanding daytime schedule at the California Stockton, California, where he was also an ad- public policy that is in the interests of edu- Department of Justice, Charlie served for junct professor in the Religious Studies de- cation and of women educators; to endow many years on the planning commissions of partment at the University of the Pacific. scholarships to aid outstanding women edu- two communities in which he lived: South San Over two decades ago, he left Stockton to cators; to stimulate the personal and profes- Francisco and San Carlos. Unbeknownst to become Rabbi at Temple Sinai. Founded in sional growth of members; and to inform the most of us, his votes and vision shaped the 1875, the Synagogue is a historic landmark members of current economic, social, political character of these two cities for many dec- that continues to serve the largest Jewish and educational issues so that they may par- ades. community in the East Bay and has deep ticipate effectively in our society. Charlie Getz is a graduate of the University roots in the Oakland community. During Rabbi Over the last 75 years, the Chi State Orga- of California at Los Angeles with a bachelor’s Chester’s tenure, he added a pre-school, intro- nization has funded and participated in a num- degree in history and the University of South- duced adult education programs and sup- ber of literacy projects throughout California, ern California School of Law. ported the congregation’s return to more tradi- given scholarships to members and grants to In short, Charlie Getz is a Renaissance man tional practices, including the re-introduction of non-members to pursue continuing education, in our modern era. He is fortunate to be Hebrew into the service. He also continued and volunteered in classrooms and commu- blessed with a wonderful wife, Margaret, who the congregation’s history of advocating for nities. is also brilliant, a computer specialist, teacher, social justice by championing local affordable Mr. Speaker, I am honored to pay tribute to and a professional chef. Margaret will have housing and health care for the underserved, the Chi State Organization of Delta Kappa her hands full ensuring that Charlie stays on supporting women’s reproductive rights and Gamma Society International on their 75th an- track during retirement. I wish both Charlie protesting the genocide in Darfur. niversary, and their outstanding commitment and Margaret the very best in the next chapter Whether participating in the Hurricane to California’s teachers and students, while of their lives. Katrina prayer service at the Oakland Arena, promoting excellence in education. Mr. Speaker, I ask this body to join me in taking a bold public stance on global conflicts, f celebrating the extraordinary career of a dedi- or sponsoring a school for the poor and or- cated public servant, a wise citizen, and an phaned in Siem Reap, Cambodia—Rabbi KAYLA KOVAL uncommon friend, Charlie Getz. Chester has inspired many through his insight f and actions. In fact, among his many acco- HON. ED PERLMUTTER HONORING RABBI STEVEN lades, Rabbi Chester was voted the 2006 OF COLORADO CHESTER Reader’s Choice for ‘‘Minister/Rabbi/Imam with IN THE HOUSE OF REPRESENTATIVES the Biggest Heart’’ in the East Bay Express. On behalf of the residents of California’s 9th Tuesday, May 3, 2011 HON. BARBARA LEE Congressional District, Rabbi Steven Chester, Mr. PERLMUTTER. Mr. Speaker, I rise OF CALIFORNIA I salute you. I thank you and your wife, Leona, today to recognize and applaud Kayla Koval IN THE HOUSE OF REPRESENTATIVES for your countless contributions to the well- for receiving the Arvada Wheat Ridge Service Tuesday, May 3, 2011 being of our East Bay community. Your work Ambassadors for Youth award. Kayla Koval is Ms. LEE. Mr. Speaker, I rise today to honor promoting the values and traditions of Judaism a 7th grader at Drake Middle School and re- the extraordinary career and long-time spiritual has served our many Jewish community mem- ceived this award because her determination

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.028 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E797 and hard work have allowed her to overcome HONORING REV. ROBERT A. WILD, partner with the Boys & Girls Clubs of America adversities. S.J. for full-tuition scholarships; offered the first on- The dedication demonstrated by Kayla line master’s degree program in Wisconsin; Koval is exemplary of the type of achievement HON. GWEN MOORE established its first endowed deanship; and re- that can be attained with hard work and perse- OF WISCONSIN ceived its first eight-figure contribution from an verance. It is essential students at all levels IN THE HOUSE OF REPRESENTATIVES individual. He led Marquette’s entry into the strive to make the most of their education and BIG EAST Conference in 2005, where inter- Tuesday, May 3, 2011 develop a work ethic which will guide them for collegiate athletes vie with the most competi- the rest of their lives. Ms. MOORE. Mr. Speaker, I rise to honor tive teams in the country. In the 15 years of I extend my deepest congratulations to Rev. Robert A. Wild, S.J., President of Mar- Father Wild’s tenure, Marquette completed the Kayla Koval for winning the Arvada Wheat quette University in Milwaukee, whose leader- most successful comprehensive campaign in Ridge Service Ambassadors for Youth award. ship has resulted in groundbreaking new edu- its history, raising a total of nearly $800 mil- I have no doubt she will exhibit the same dedi- cational and research facilities, innovative aca- lion. More than 36,000 individuals have re- cation and character in all her future accom- demic programs, increased donor support, and ceived a Marquette degree during Father plishments. strong relationships with students, faculty, Wild’s tenure, individuals rooted in the univer- f staff, alumni, and the community. sity’s pillars of excellence, faith, leadership Rev. Robert A. Wild, S.J., began his duties CONGRATULATING ‘‘TEAM WIL- and service. as president of Marquette University in Mil- SON’’ OF THE CIVIL AIR PA- I extend my thanks to Father Wild upon his waukee on June 17, 1996, and will retire on TROL’S ORLANDO, FLORIDA retirement from Marquette University for his July 31, 2011. During his tenure, Father Wild CADET SQUADRON unparalleled leadership in transforming not has built upon the university’s core strengths only the university and its students, but Mil- HON. DANIEL WEBSTER of an academically rigorous, values-centered waukee and Wisconsin in so many ways that curriculum; solid, practical preparation of stu- will have lasting impact for decades to come. OF FLORIDA dents for work in a world of increasing com- IN THE HOUSE OF REPRESENTATIVES plexity and diversity; and formation of individ- f Tuesday, May 3, 2011 uals as ethical and informed leaders in their religious, cultural, professional, and civic com- IN HONOR OF THE VIETNAMESE Mr. WEBSTER. Mr. Speaker, I congratulate COMMUNITY OF CLEVELAND AND ‘‘Team Wilson’’ of the Civil Air Patrol’s Or- munities. Father Wild has also promoted the Catholic, Jesuit identity of Marquette by inspir- THE 36TH ANNIVERSARY OF THE lando, Florida Cadet Squadron for recently FALL OF SAIGON earning the Commander in Chief’s trophy at ing its mission of the search for truth, the dis- the Air Force Association’s 2011 CyberPatriot covery and sharing of knowledge, the fostering National Championship. of personal and professional excellence, the HON. DENNIS J. KUCINICH It was almost a year ago that ‘‘Team Wil- promotion of a life of faith, and the develop- OF OHIO son’’ began to lay the foundation for the suc- ment of leadership expressed in service to IN THE HOUSE OF REPRESENTATIVES cess that I am pleased to recognize. In an era others, all for the greater glory of God and the Tuesday, May 3, 2011 when our national security increasingly relies common benefit of the human community. upon protecting vital networks, these young Father Wild has committed Marquette to Mr. KUCINICH. Mr. Speaker, I rise today in men are committed to acquiring the skills nec- making a higher education accessible to all remembrance and recognition of the 36th An- essary to defend against a cyber threat. Over students, regardless of financial means, such niversary of the Fall of Saigon. This historical four hundred and fifty teams competed in the that more than 20 percent of the student body date commemorates the end of the Vietnam CyberPatriot III tournament for the opportunity is now comprised of first-generation students. War, and represents the beginning of a new to demonstrate their ability to patch and se- He has been a tireless supporter of student fi- life for tens of thousands of Vietnamese peo- cure computer systems at the National Cham- nancial aid and academic support, including ple, as they began their hopeful journey to pionship held this past February. I am pleased the Educational Opportunity Program, which America. to acknowledge the achievement of ‘‘Team enables low-income and first-generation stu- On April 30, 1975, the ancient city of Saigon Wilson,’’ who held themselves to the highest dents to enter and succeed in higher edu- fell to the conquest of communist troops. This standard of performance throughout several cation via four Federal TRIO Programs. action solidified the communist takeover of rounds of competition and brought home the Father Wild has inspired the formation of di- South Vietnam. Thirty-six years later, I rise to Commander in Chief’s trophy for First Place in verse leaders at an institution that was the first honor the memory and sacrifice of the hun- the All Service Division. Catholic university in the world to admit dreds of thousands of South Vietnamese sol- The members, coaches, parents and men- women to be educated alongside men in its diers, American soldiers and civilians who tors of ‘‘Team Wilson’’ from the Orlando Civil regular undergraduate programs in 1909. Mar- made the ultimate sacrifice in the name of lib- Air Patrol have certainly earned our recogni- quette now receives more than 20,000 under- erty. tion. I thank coaches Nina Harding and 1stLt. graduate applications each year to continue to Despite the violent takeover and the rule of Mark Strobridge for their steady guidance and provide a transformative experience for our repression that followed, the culture, spirit and dedication to the team’s success. I also would nation’s young men and women. hope reflected by the Vietnamese people re- like to acknowledge the contributions of Mr. Numerous faculty and staff have provided mained steadfast. After the fall of Saigon, Gary Palmer, whose mentorship and expertise their time and talent to serving the city of Mil- thousands of Vietnamese, determined to re- provided ‘‘Team Wilson’’ with the tools to waukee under Father Wild’s leadership includ- build their lives, began a treacherous exodus match their determination. However, much of ing three dental clinics operated by the School out of Vietnam. Their daring escape was on the credit for this outstanding victory belongs of Dentistry that provide oral health care par- foot, through thick jungles and over jagged with team members C/TSgt. Michael Hudson, ticularly to underserved residents. Father mountains. They escaped by boat, through C/MSgt. Evan Hamrick, C/SrA. Reid Ferguson, Wild’s leadership of the Near West Side of snake-infested rivers and across turbulent and C/SMSgt. Matt Allen. Team Captains C/ Milwaukee recognizes that the university’s seas. They became refugees in many nations, SSgt. Isaac Harding and C/2ndLt. Shawn Wil- success and that of the community are one including America, with nothing more than the son also deserve special recognition. and that it is important to invest Marquette’s clothes on their backs and the hope for free- Meeting the new global challenges of the work, wisdom and wealth in neighborhood dom in their hearts. 21st century is fast hinging upon the capability goals. His community involvement has spurred Mr. Speaker and Colleagues, please join me to protect our critical telecommunications and neighborhood investment by numerous others, in honoring and remembering the hundreds of network infrastructure. I am encouraged when making a more vibrant and safer community thousands of men and women who struggle I learn that so many young people are partici- the lasting result. Father Wild has also been a for peace and freedom, then and now. We pating in competitions like CyberPatriot III to champion for the Milwaukee community also honor agencies and churches such as prepare themselves to serve our Nation on the through the Milwaukee Water Council, where The Vietnamese Community of Greater Cleve- front lines of the cyber security effort. he serves on the board, and service to the land and St. Helena Catholic Church, which In conclusion, I wish all the best to the Greater Milwaukee Committee and the Metro- offer havens of support, services and hope to members of ‘‘Team Wilson’’ as they apply politan Milwaukee Association of Commerce. immigrants from all over the world. The Viet- their technological competency and commend- Under Father Wild’s leadership, Marquette namese culture, through the care and commit- able work ethic to future pursuits. became the first university in the country to ment of its people, has flourished in Cleveland

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.020 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E798 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 and across America, yet remains forever con- and meaning. I extend to him my congratula- Appold as he retires as Frankenlust Township nected to its ancient cultural and historical tra- tions and my appreciation. Thank you. Clerk. I wish him the best in his future endeav- ditions that spiral back throughout the cen- f ors for many, many years to come. turies, connecting the old world to the new, f spanning oceans and borders in the ageless CONGRATULATING THE CITY OF quest for peace—from Vietnam to America. PERRIS ON THEIR CENTENNIAL HONORING THE 2011 MAINEBIZ CELEBRATION BUSINESS LEADERS OF THE YEAR f HONORING TIMOTHY EGAN’S HON. DARRELL E. ISSA HON. MICHAEL H. MICHAUD ACHIEVEMENTS IN JOURNALISM OF CALIFORNIA OF MAINE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. JIM McDERMOTT Tuesday, May 3, 2011 Tuesday, May 3, 2011 OF WASHINGTON Mr. MICHAUD. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Mr. ISSA. Mr. Speaker, I rise today to rec- ognize the City of Perris, California and con- recognize the honorees of the 2011 MaineBiz Tuesday, May 3, 2011 gratulate them on the occasion of their Cen- Business Leaders of the Year Award. Each Mr. MCDERMOTT. Mr. Speaker, I rise to tennial Celebration for 100 years of cityhood. year, MaineBiz highlights the most outstanding honor Mr. Timothy Egan today because I, and This unique farming town has grown re- businessmen and women helping to move countless other readers, have learned so markably over the past century. Founded in Maine’s business community forward. This much from his first-rate reporting and his ter- 1911 in Riverside County, the City of Perris year’s honorees, Fletcher Kittredge, Martin rific books. In well-deserved acknowledgement has flourished as a vibrant and growing com- Grimnes and Andy Shepard are among the of Mr. Egan’s ongoing contributions to our munity that is rich with culture and history. best that Maine has to offer. Fletcher Kittredge is CEO of Great Works civic discourse and public understanding, the With fewer than 500 people in the early Internet, GWI. In 17 years, GWI has grown Rainier Club, one of Seattle’s oldest urban in- 1900s, today it is home to more than 50,000 from a small dial-up Internet company for one stitutions, has named Mr. Egan its ‘‘Artist Lau- Californians and growing. reate for 2011.’’ Perris was built at the connector of The Maine community to a statewide Internet com- Many in this chamber will recognize Mr. California Southern Railroad which ran from pany with more than 50 locations. Fletcher Egan’s byline as the Northwest Correspondent Barstow to San Diego. Perris has taken great has also been instrumental in the Three Ring of The New York Times. He is a Pulitzer pride in maintaining its heritage by renovating Binder project, which has begun utilizing funds Prize-winning journalist whose insightful re- and reopening the Santa Fe railway station in from the American Recovery and Reinvest- porting and opinion pieces exemplify out- 2009 as home to the Orange Empire Railway ment Act to expand broadband service standing journalism. Even more remarkably, Museum building. Its city has also become an throughout rural Maine. Martin Grimnes is the example of a true Mr. Egan’s talents, and achievements, are not internationally recognized epicenter for world success story. After leaving his $50 million limited to newspaper reporting. Hardly. His six class skydivers to test the limits of their sport. dollar composites corporation in 2000, Martin successful books include five works of non-fic- Lake Perris is a natural wonderland where is now at the helm of Harbor Technologies. In tion (The Good Rain, Breaking Blue, Lasso people celebrate a national icon through the just a few years, Harbor Technologies has the Wind, The Worst Hard Time, and The Big Bald Eagle Count Project. performed outstanding work on contracts like Burn) as well as a novel (The Winemaker’s I commend the City’s history of leaders and the new 103-foot composite pilings for use by Daughter). am honored to represent this community. As the Navy in Pearl Harbor. With a product esti- Mr. Egan’s books are great reads—his sub- they gather to honor the past, celebrate the mated to last 150 years, Harbor is now ex- jects range from the distinctive qualities of the present and embrace the future, I applaud the panding overseas. Despite the company’s Northwest region and an unsolved Spokane City of Perris and its renowned heritage. overseas work, Martin is ensuring that Harbor murder case to the powerful mythology of the Mr. Speaker, I ask that the House recognize Technologies remains based in Maine. American West and most recently, an early the City of Perris on the occasion of its Cen- Andy Shepard, from my district, knows how twentieth century wildfire that triggered perma- tennial Celebration. badly northern rural Maine needs economic nent and far-reaching changes in land man- f agement policy and attitude. In 2006, Mr. development. In only a few years since form- Egan published perhaps his best-known book, HONORING ALVIN J. APPOLD ing the non-profit Maine Winter Sports Center, The Worst Hard Time: The Untold Story of Andy has helped to bring Olympic Trials, train- Those Who Survived the Great American ers and the World Cup Biathlon to northern HON. DALE E. KILDEE Maine. This has contributed to millions in rev- Dustbowl, for which he received the National OF MICHIGAN Book Award. This is a powerful account of a enue for the northern part of my state. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in honoring truly critical episode in our country’s history. Tuesday, May 3, 2011 some of the best business leaders that Maine Mr. Egan details the almost incomprehensible and America have to offer. In addition to their hardships endured by those American families Mr. KILDEE. Mr. Speaker, I rise today to success in the private sector, Fletcher who fought to survive the Dust Bowl of the pay tribute to Alvin J. Appold, retiring after 18 Kittredge, Martin Grimnes and Andy Shepard Thirties, and in so doing, he brings his sub- years as the Clerk of Frankenlust Township, have remained committed to their local com- jects and their circumstances fully to life. Michigan. The township will hold a celebration munities and used their entrepreneurial skills His newest book, The Big Burn: Teddy Roo- this evening in his honor at the Township Hall. to develop economic opportunities throughout sevelt and the Fire that Saved America, re- Alvin Appold is a lifelong resident of Maine. counts the story of the devastating 1910 wild- Frankenlust Township. He served as the fire in the Rocky Mountain high country that Township Clerk from 1984–1992 and 2000– f claimed nearly 100 lives and changed forever 2011. Prior to assuming the Clerk’s duties, HONORING RUBYE WINDRAM our commitment to protect our public lands Alvin worked in the construction trade, as a and their precious resources. His research is farmer, and as an appraiser. He is an active HON. ELIOT L. ENGEL member of St. Paul Lutheran Church singing painstaking, and his commitment to the story OF NEW YORK in the choir and working as a Sunday Greeter. unfaltering. Through his lens, we better under- IN THE HOUSE OF REPRESENTATIVES stand ourselves and our relationship to the Alvin enjoys politics and was dedicated to per- natural world. forming his duties in a serious, professional Tuesday, May 3, 2011 In addition to the Pulitzer Prize for out- manner. He is very proud of Frankenlust Mr. ENGEL. Mr. Speaker, public service standing newspaper reporting and the National Township and the role he played in its signifi- done honestly and well is a boon to our citi- Book Award, Mr. Egan has twice received the cant development in recent years. Now that he zens. For 37 years Rubye Windram has ad- Washington State Book Award and the Pacific is retired, Alvin plans to spend more time pur- hered to those principles, serving the people Northwest Booksellers’ Award. suing his leisure activities: working out at of New York at the Social Security Administra- Mr. Speaker, on the occasion of the hon- Delta College’s pool, gardening and playing tion. Ms. Windram is now retiring with her nu- oring of Tim Egan’s lifetime achievements, the golf. merous performance awards, including two Rainier Club celebrates a son of Seattle who Mr. Speaker, I ask the House of Represent- Commissioner’s Citations and three Regional has reached millions with words of purpose atives to join me in congratulating Alvin J. Commissioner’s Citations.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.023 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E799 Ms. Windram started working for the people offer, and I urge my colleagues to take a mo- action to attain high-quality outcomes that are on September 10, 1973 as a Claims Rep- ment to pay tribute to their selfless devotion to technically sound while still respectful of the resentative in the Boro Hall Field Office in our country and the freedom we enjoy. taxpayers’ dollars. She understands how to New York. Two months later she transferred I salute each of the 89 veterans who made build momentum for her ideas, while working uptown and in 1978 she was named Oper- the trip on May 4, 2011. May we never forget closely with stakeholders on all sides of an ations Analyst and after another 2 months she their valiant deeds and tremendous sacrifices: issue to strengthen support and identify con- was promoted to Operations Supervisor in Clavis Akridge, Mary Balch, Herbert Barnhart, sensus. East Harlem. She was named Branch Man- Harry Bennitt, Nathan Beverly, Blake ager of the West Farms office and 4 years Blakeney, Jim Botts, Sr., Robert Bryant, How- When HINT influenza started gaining inter- later was named Assistant District Manager in ard Carney, Sr., Harold Childers, Charles national attention in 2009, Ms. Smith provided the North Bronx. Christie, Dale Crittenden, Arthur Days, Jr., key leadership in shaping USDA’s response. She continued her ascent at SSA and in Donald Delmarter, Gerald Devuyst, William, She formulated an effective response plan, 2003 she joined the Regional Office staff, be- Duffy, Sr., John Elliott, Hardy Eubanks, recognizing what the impacts and implications coming Deputy Assistant Regional Commis- Osburn Flener, Delbert Ganson, Albert Gar- of detection in the U.S. livestock population sioner for Management and Operations Sup- rett, James Glisson, George Grant, Bobbie would be, and how it would affect the swine port. Throughout her career Ms. Windram Gwin, James Hathcock, Jr., Allen Honeycutt, industry. She directed APHIS to align animal used her growing and extensive knowledge of Andrew Jackson, Jordan Jackson, Ralph Jack- health and human health officials at the Fed- field operations to serve the agency and the son, Weyman Jobe, Ben Johnson, Henry eral, State, and local levels to coordinate U.S. public. Jones, Emory Jones, Mathew Kautzer, Robert policy should H1N1 be identified in the U.S. In retirement, Ms. Windram plans to travel Killam, Kenneth Kollar, Joseph Kress, William swine herd, and she ensured the swine indus- and spend more time with her family. She also Krist, William Lauten, John Loper, Reginald try was included in the discussion. Under her plans to share her experience and knowledge Loper, Charles Loury, James Maupin, Bruce leadership, APHIS and its partners developed by teaching. I join her colleagues in wishing Maynard, Perry McClure, Bryant McDonald, action and communication plans that govern- her the very best in retirement and in thanking Jr., Glenn Merrill, Robert Middleton, John ment and industry stakeholders praised for her for her years of serving the public so ad- Mobley, Tristam Mock, James Mullineaux, Al- their inclusiveness and transparency. Once a mirably and well. bert Murrell, William Nanney, Jr., James Net- case of H1N1 was identified, government offi- f tles, John Nettles, Jr., Ronald O’Donnell, John Odom, Morgan Odom, Curtis Outlaw, Sr., cials spoke with one voice, providing a clear RECOGNIZING MEMBERS OF John Overbeck, Oliver Palanjian, Orin Parker, message to the public and stakeholders, as- HONOR FLIGHT SOUTH ALABAMA Jr., William Patterson, Hurshel Paul, Webster suring them of the safety of pork, and how Pedersen, Peter Richardson, Tom Robertson, APHIS and government efforts were protecting HON. JO BONNER Albert Roll, Jr., Joe Salzmann, Norman the swine industry and human health. Due to OF ALABAMA Sannes, Frank Schneider, Louis Spadaro, the groundwork she laid, the United States IN THE HOUSE OF REPRESENTATIVES Lamar Stapleton, Bernie Steele, Rene was able to avoid trade disruptions with Can- ada, and address concerns raised by Mexico. Tuesday, May 3, 2011 Stiegler, Jr., Orrin Strickler, Floyd Stringfellow, Irvine Tucker, Waid Turner, Donald VanBeek, With foresight, vision, and an ability to col- Mr. BONNER. Mr. Speaker, it is with great James Walker, Sr., Eldred Ward, Jr., Hugh laborate and get others behind her ideas, Ms. pride that I rise to commend Honor Flight Wiggins, Lewis Wilder, Frederick Witzel, South Alabama and the 89 World War II vet- Smith demonstrated genuine leadership in Vernon Woodcock, Robert Yearty, Joseph what could have been a major crisis. Her ef- erans this very special organization is bringing Zulofsky, and Eldred Latham. to Washington, D.C., on May 4, 2011. forts dramatically minimized the impact on f Founded by the South Alabama Veterans American agriculture, and were of innumerable Council, Honor Flight South Alabama is an or- HONORING MS. CINDY SMITH FOR value to this country. ganization whose mission is to fly heroes from HER 32 YEARS OF DEDICATED Ms. Smith has always demonstrated forward Mobile, Baldwin, Washington, Clarke, Monroe, SERVICE TO AMERICAN AGRI- thinking. While she was Deputy Administrator Covington, and Escambia counties in Alabama CULTURE for APHIS’ Biotechnology Regulatory Services to see their national memorial. program, she recognized the growing impor- Over six decades have passed since the HON. FRANK D. LUCAS tance of biotechnology in agriculture, as well end of World War II and, regrettably, it took OF OKLAHOMA as the need for more rigorous requirements nearly this long to complete work on the me- IN THE HOUSE OF REPRESENTATIVES for field tests of GE crops. She was instru- morial that honors the spirit and sacrifice of mental in developing a program to help com- the 16 million who served in the U.S. armed Tuesday, May 3, 2011 panies and researchers enhance their compli- forces and the more than 400,000 who paid Mr. LUCAS. Mr. Speaker, I rise today to the ultimate sacrifice. Sadly, many veterans recognize Ms. Cindy Smith, the outgoing Ad- ance with biotechnology regulatory require- did not live long enough to hear their country ministrator of the U.S. Department of Agri- ments. Through its proactive approach to com- say ‘‘thank you’’ yet, for those veterans still liv- culture’s Animal and Plant Health Inspection pliance, companies who participate in the Bio- ing, Honor Flight provides for many their Service (APHIS). She has served as Adminis- technology Quality Management System are first—and perhaps only—opportunity to see trator of APHIS since September 2007, ably better able to analyze their operations, identify the National World War II Memorial, which carrying out the mission of APHIS: protecting vulnerabilities, and see that they’re addressed. honors their service and sacrifice. American agriculture. The program she helped implement ensures This Honor Flight begins at dawn when the Ms. Smith has dedicated her life to public accountability by confirming that trials of these veterans will gather at historic Fort Whiting in service, and is a true success story. She start- necessary and beneficial crops are conducted Mobile and travel to Mobile Regional Airport to ed out at APHIS in 1979 as a clerk-typist. She responsibly. The program she created con- board a US Airways flight to Washington. Dur- worked her way from the bottom to the top of tinues to grow, as more and more universities ing their time in their nation’s capital, the vet- the agency, showing a real commitment to its and small and large businesses recognize the erans will visit the World War II Memorial, Ar- important mission, no matter the job. She un- value of participation. lington National Cemetery, and other memo- derstands the value of leadership develop- Ms. Smith’s integrity, dedication, profes- rials. ment. The APHIS Leadership Development sionalism—and perhaps most importantly, her The veterans will return to Mobile Regional Roadmap she inspired has served as a model Airport Wednesday evening, where a very for other Federal agencies. leadership—have served the United States large crowd of family and friends are expected As APHIS Administrator, Ms. Smith led a well in all these endeavors. While she is not to greet them. major regulatory agency that protects U.S. retiring from federal service, and has taken a Mr. Speaker, Wednesday’s journey of 89 plant and animal health, administers the Ani- new role as APHIS’ Chief Advisor for Govern- heroes from South Alabama is an appropriate mal Welfare Act, and conducts wildlife dam- ment, Academia, and Industry Partnership, I time for us to pause and thank them—and all age and disease management activities, over- wanted to thank her for her 32 years of serv- of our military who fought in World War II—for seeing more than 8,800 employees. ice with APHIS, her successful tenure as ad- they collectively and literally saved the world. Ms. Smith has a unique ability to identify ministrator, and her continued commitment to They personify the very best America has to emerging issues and determine a course of the American people and U.S. agriculture.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.033 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E800 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2011 INTRODUCTION OF THE ASTHMA at some point in their life. This is much higher Grantees will be able to purchase emer- MANAGEMENT PLANS IN SCHOOL than the national rate of 13.3%. Along with gency asthma medication and devices includ- ACT common allergens and irritants, Hawaii’s vol- ing inhalers, nebulizers, spacers, valved hold- canic fog, or ‘‘vog,’’ is a common trigger for ing chambers (VHCs), and epinephrine to stop HON. MAZIE K. HIRONO asthma attacks, due to the continuous erup- anaphylactic shock. School staff will learn OF HAWAII tion of Kilauea volcano on Hawaii Island. about the disease and gain tools to help chil- IN THE HOUSE OF REPRESENTATIVES In Kona on Hawaii Island, 13.8% of people dren if they have an asthma attack at school. with asthma have needed to go to the emer- Tuesday, May 3, 2011 gency room for treatment. In the Nanakuli/ This bill has been endorsed by the Allergy Ms. HIRONO. Mr. Speaker, today I rise to Waianae area on Oahu, 10.4% went to the & Asthma Network Mothers of Asthmatics introduce the Asthma Management Plans in emergency room. Asthma costs Hawaii an es- (AANMA), the leading nonprofit organization School Act. timated $18.2 million each year in direct med- dedicated to eliminating suffering and death Asthma is the most common childhood dis- ical costs alone. due to asthma, allergies, and related condi- ease in the United States, affecting 7.1 million Although asthma cannot be cured, it can be tions. children. controlled with education and the right medi- I am proud to work with the Hawaii Depart- Every year, children lose more than 13 mil- cine. ment of Health Asthma Control Program and lion school days due to asthma, and their par- The Asthma Management Plans in School the Hawaii Asthma Initiative. ents must skip work to take care of them. Act will help children who suffer from an asth- Hawaii has a higher rate of childhood asth- ma attack while in school. My bill will provide I also thank my colleague Congresswoman ma than any other state. According to the lat- grants to schools or local public health agen- Carol Shea-Porter for her work on this legisla- est data from the Centers for Disease Control, cies in high-asthma areas to develop asthma tion in the previous congress. 18.6% of children in Hawaii have had asthma management plans. I urge my colleagues to support the bill.

VerDate Mar 15 2010 04:48 May 04, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.035 E03MYPT1 jbell on DSKDVH8Z91PROD with REMARKS Tuesday, May 3, 2011 Daily Digest Senate Adjournment: Senate convened at 10 a.m. and ad- Chamber Action journed at 4:59 p.m., until 10 a.m. on Wednesday, Routine Proceedings, pages S2589–S2637 May 4, 2011. (For Senate’s program, see the remarks Measures Introduced: Ten bills and three resolu- of the Majority Leader in today’s Record on page tions were introduced, as follows: S. 867–876, and S2637.) S. Res. 159–161. Pages S2621–22 Measures Passed: Committee Meetings Honoring Members of the Military and Intel- ligence Community: By a unanimous vote of 97 yeas (Committees not listed did not meet) (Vote No. 63), Senate agreed to S. Res. 159, hon- oring the members of the military and intelligence DEFENSE INDUSTRIAL BASE community who carried out the mission that killed Committee on Armed Services: Subcommittee on Emerg- Osama bin Laden. Pages S2604–10 ing Threats and Capabilities concluded a hearing to Military Spouse Appreciation Day: Senate agreed examine the health and status of the defense indus- to S. Res. 160, designating May 6, 2011, as ‘‘Mili- trial base and its science and technology-related ele- tary Spouse Appreciation Day’’. Pages S2636–37 ments, after receiving testimony from Frank Kendall, National Inventors Month: Senate agreed to S. Principal Deputy Under Secretary for Acquisition, Res. 161, designating May 2011, as ‘‘National In- Technology, and Logistics, Zachary J. Lemnios, As- ventors Month’’. Page S2637 sistant Secretary for Research and Engineering, and SBIR/STTR Reauthorization Act—Agreement: A Brett B. Lambert, Deputy Assistant Secretary for unanimous-consent agreement was reached providing Manufacturing and Industrial Base Policy, all of the that the filing deadline for all second-degree amend- Department of Defense; Norman R. Augustine, ments to S. 493, to reauthorize and improve the Lockheed Martin Corporation, Bethesda, Maryland; SBIR and STTR programs, be at 11 a.m., on Jacques S. Gansler, University of Maryland School of Wednesday, May 4, 2011; provided further, that the Public Policy Center for Public Policy and Private cloture vote with respect to S. 493, occur at 12 Enterprise, College Park; and Philip A. Odeen, De- p.m., on Wednesday, May 4, 2011. Page S2637 fense Business Board, North Palm Beach, Florida. Messages from the House: Page S2621 NOMINATIONS Measures Referred: Page S2621 Committee on Banking, Housing, and Urban Affairs: Additional Cosponsors: Pages S2622–23 Committee concluded a hearing to examine the Statements on Introduced Bills/Resolutions: nominations of David S. Cohen, of Maryland, to be Pages S2623–25 Under Secretary for Terrorism and Financial Crimes, Additional Statements: Pages S2620–21 Daniel L. Glaser, of the District of Columbia, to be Assistant Secretary for Terrorist Financing, and Tim- Amendments Submitted: Pages S2625–36 othy G. Massad, of Connecticut, to be an Assistant Notices of Intent: Page S2636 Secretary, all of the Department of the Treasury, and Notices of Hearings/Meetings: Page S2636 Wanda Felton, of New York, to be First Vice Presi- dent, and Sean Robert Mulvaney, of Illinois, to be Authorities for Committees to Meet: Page S2636 a Member, both of the Board of Directors of the Ex- Privileges of the Floor: Page S2636 port-Import Bank of the United States, after the Record Votes: One record vote was taken today. nominees testified and answered questions in their (Total—63) Page S2609 own behalf. D438

VerDate Mar 15 2010 04:32 May 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY1.REC D03MYPT1 jbell on DSKDVH8Z91PROD with DIGEST May 3, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D439 AMERICA’S NATURAL DISASTER Energy Policy and Finance, Palo Alto, California; PREPAREDNESS Kassia Yanosek, Tana Energy Capital LLC, New Committee on Commerce, Science, and Transportation: York, New York; and Christopher Guith, U.S. Committee concluded a hearing to examine Amer- Chamber of Commerce Institute for 21st Century ica’s natural disaster preparedness, focusing on if Energy, Washington, D.C. Federal investments are paying off, after receiving TAX BURDENS AND TAX BENEFITS testimony from William H. Hooke, American Mete- Committee on Finance: Committee concluded a hearing orological Society, and Anne S. Kiremidjian, Amer- to examine if the distribution of tax burdens and tax ican Society of Civil Engineers (ASCE), both of benefits is equitable, after receiving testimony from Washington, D.C.; Robert Ryan, ABC7/WJLA–TV, Daniel N. Shaviro, New York University Law Arlington, Virginia; and Clint Dawson, The Univer- School, New York, New York; Scott A. Hodge, Tax sity of Texas at Austin Institute for Computational Foundation, and Alan Reynolds, The Cato Institute, Engineering and Sciences Department of Aerospace both of Washington, D.C.; and Aviva Aron-Dine, Engineering and Engineering Mechanics, Austin. Massachusetts Institute of Technology Department of Economics, Cambridge, Massachusetts. AMERICAN CLEAN ENERGY LEADERSHIP ACT AFGHANISTAN Committee on Energy and Natural Resources: Committee Committee on Foreign Relations: Committee concluded concluded a hearing to examine the proposal for a a hearing to examine Afghanistan, focusing on what Clean Energy Deployment Administration as con- is an acceptable end-state, and how to get there, tained in Title I, Subtitle A of the American Clean after receiving testimony from Ronald E. Neumann, Energy Leadership Act of 2009, after receiving testi- American Academy of Diplomacy, Washington, mony from Jonathan Silver, Executive Director, Loan D.C.; Anne-Marie Slaughter, Princeton University, Programs Office, Department of Energy; Dan W. Princeton, New Jersey; and Richard N. Haass, Coun- Reicher, Stanford University Steyer-Taylor Center for cil on Foreign Relations, New York, New York. h House of Representatives Committee Re-referral: The House agreed that Chamber Action H.R. 1425 be re-referred to the Committee on Small Public Bills and Resolutions Introduced: 24 pub- Business, and in addition, to the Committees on lic bills, H.R. 1681–1704; and 5 resolutions, H. Science, Space, and Technology and Armed Services. Res. 240–244, were introduced. Pages H2998–99 Page H2952 Additional Cosponsors: Pages H3000–01 Repealing mandatory funding provided to States Reports Filed: A report was filed today as follows: in the Patient Protection and Affordable Care H.R. 754, to authorize appropriations for fiscal Act to establish American Health Benefit Ex- year 2011 for intelligence and intelligence-related changes: The House passed H.R. 1213, to repeal activities of the United States Government, the mandatory funding provided to States in the Patient Community Management Account, and the Central Protection and Affordable Care Act to establish Intelligence Agency Retirement and Disability Sys- American Health Benefit Exchanges, by a recorded tem, and for other purposes, with an amendment (H. vote of 238 ayes to 183 noes, Roll No. 285. Rept. 112–72). Pages H2997–98 Pages H2952–69, H2977–82 Speaker: Read a letter from the Speaker wherein he Rejected the Boswell motion to recommit the bill appointed Representative McClintock to act as to the Committee on Energy and Commerce with instructions to report the same to the House forth- Speaker pro tempore for today. Page H2937 with with an amendment, by a recorded vote of 190 Recess: The House recessed at 10:43 a.m. and re- ayes to 233 noes, Roll No. 284. Pages H2980–81 convened at 12 noon. Page H2941 Rejected: Chaplain: The prayer was offered by the guest chap- Pallone amendment (No. 4 printed in H. Rept. lain, Reverend Dr. Alan Kieran, Office of the U.S. 112–70) that sought to require GAO to report on Senate Chaplain, Washington, DC. Page H2941 benefits of funding in setting up state run exchanges

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that reflect that state’s marketplace, as opposed to of unobligated funds rescinded by the bill on the de- state exchanges established and operated by the Fed- partment’s website and Pages H2983–85 eral government; Pages H2966–67 Pallone amendment (No. 2 printed in the Con- Welch amendment in the nature of a substitute gressional Record of May 2, 2011) that seeks to re- (No. 5 printed in H. Rept. 112–70) that sought to quire a GAO study to determine school districts preserve funding for establishment of Health Benefit most in need of constructing or renovating school- Exchanges for states that apply for early innovator based health centers. Page H2985 grants before 2012. The funds used would be subject H. Res. 236, the rule providing for consideration to availability of appropriations up to $1.9 billion; of the bills (H.R. 1213) and (H.R. 1214) was agreed Pages H2967–69 to by a recorded vote of 237 ayes to 185 noes, Roll Jackson Lee (TX) amendment (No. 1 printed in No. 280, after the previous question was ordered by H. Rept. 112–70) that sought to require the Sec- a yea-and-nay vote of 234 yeas to 185 nays, Roll retary of Health and Human Services to post notice No. 279. Pages H2943–52 of rescission of funds and the amount rescinded on Quorum Calls—Votes: One yea-and-nay vote and the public website of the Department of Health and six recorded votes developed during the proceedings Human Services (by a recorded vote of 177 ayes to of today and appear on pages H2951–52, H2952, 239 noes, Roll No. 281); Pages H2962–63, H2978 H2978, H2978–79, 2979–80, H2981, and Waters amendment (No. 2 printed in H. Rept. H2981–82. There were no quorum calls. 112–70) that sought to require, within 6 months Adjournment: The House met at 10 a.m. and ad- after enactment, the Secretary of Health and Human journed at 8:38 p.m. Services to submit to Congress a report on the extent to which states are expected to have difficulties es- tablishing Health Benefit Exchanges without the Committee Meetings Federal assistance repealed and rescinded under this bill (by a recorded vote of 178 ayes to 242 noes, AT RISK: AMERICAN JOBS, AGRICULTURE, HEALTH AND SPECIES—THE COSTS OF Roll No. 282); and Pages H2963–64, H2978–79 Ellison amendment (No. 3 printed in H. Rept. FEDERAL REGULATORY DYSFUNCTION 112–70) that sought to require the Secretary of Committee on Agriculture and Committee on Natural Re- Health and Human Services to submit to Congress sources: Held a joint hearing on At Risk: American a report on the impact of H.R. 1213 on the possible Jobs, Agriculture, Health and Species—the Costs of delays and potential enrollment reductions to Health Federal Regulatory Dysfunction. Testimony was Benefit Exchanges (by a recorded vote of 180 ayes heard from Joseph Glauber, Chief Economist, De- to 242 noes, Roll No. 283). Pages H2964–66, H2979–80 partment of Agriculture; Steven Bradbury, Deputy H. Res. 236, the rule providing for consideration Director, Office of Pesticide Programs, EPA; Rowan of the bills (H.R. 1213) and (H.R. 1214) was agreed Gould, Acting Director, Fish and Wildlife Service, to by a recorded vote of 237 ayes to 185 noes, Roll Department of the Interior; Eric Schwab, Assistant No. 280, after the previous question was ordered by Administrator for Fisheries, National Marine Fish- a yea-and-nay vote of 234 yeas to 185 nays, Roll eries Service, NOAA; Angela Beehler, District Man- ager, Benton County Mosquito Control District; and No. 279. Pages H2943–52 public witnesses. Moment of Silence: The House observed a moment of silence in honor of the victims of the recent torna- NATIVE AMERICAN PUBLIC WITNESS does that swept through the Southeastern United HEARING States. Page H2979 Committee on Appropriations: Subcommittee on Inte- Repealing mandatory funding for school-based rior, Environment and Related Agencies held a health center construction: The House began con- morning and an afternoon Native American public sideration of H.R. 1214, to repeal mandatory fund- witness hearing. Testimony was heard from public ing for school-based health center construction. Con- witnesses. sideration is expected to resume tomorrow, May 4th. Pages H2969–77, H2983–85 WHITE HOUSE TRANSPARENCY, VISITOR Proceedings Postponed: LOGS AND LOBBYISTS Jackson Lee amendment (No. 1 printed in the Committee on Energy and Commerce: Subcommittee on Congressional Record of May 2, 2011) that seeks to Oversight and Investigations held a hearing entitled require the Health and Human Services Department ‘‘White House Transparency, Visitor Logs and Lob- to post a notice of rescission and the total amount byists.’’ Testimony was heard from public witnesses.

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MISCELLANEOUS MEASURES SACRED OBLIGATION: RESTORING Committee on Financial Services: Subcommittee on Cap- VETERAN TRUST AND PATIENT SAFETY ital Markets held markup of the following: H.R. Committee on Veterans’ Affairs: Full Committee held a 1070, Small Company Capital Formation Act of hearing on Sacred Obligation: Restoring Veteran 2011; H.R. 1062, Burdensome Data Collection Re- Trust and Patient Safety. Testimony was heard from lief Act; H.R. 33, to amend the Securities Act of Robert A. Petzel, M.D., Under Secretary for Health, 1933 to allow church plans to invest in collective Veterans Health Administration, Department of Vet- trusts; H.R. 940, United States Covered Bonds Act erans Affairs; John D. Daigh Jr., M.D., Assistant In- of 2011; H.R. 1082, Small Business Capital Access spector General for Healthcare Inspections, Office of and Job Preservation Act; H.R. 1539, Asset-Backed the Inspector General, Department of Veterans Af- Market Stabilization Act of 2011; and H.R. 1610, fairs; Randall B. Williamson, Director, Health Care Business Risk Mitigation and Price Stabilization Act Team, GAO; Michael Bell, M.D., Deputy Director, of 2011. Division of Healthcare Quality Promotion Centers BORDER SECURITY AND ENFORCEMENT for Disease Control and Prevention, Department of Health and Human Services; Anthony D. Watson, Committee on Homeland Security: Subcommittee on Director, Division of Anesthesiology, General Hos- Border and Maritime Security held a hearing entitled pital, Infection Control, and Dental Devices; Office ‘‘Border Security and Enforcement—Department of of Device Evaluation, Center for Devices and Radio- Homeland Security’s Cooperation with State and logical Health, FDA, Department of Health and Local Law Enforcement Stakeholders.’’ Testimony Human Services. was heard from Kumar Kibble, Deputy Director, Immigration and Customs Enforcement, Department LEGISLATIVE MEASURES of Homeland Security; Ronald Vitiello, Deputy Committee on Veterans’ Affairs: Subcommittee on Eco- Chief, Customs and Border Protection, Department nomic Opportunity held a hearing on the following: of Homeland Security, Larry Dever, Sheriff, Cochise H.R. 1383, Restoring GI Bill Fairness Act of 2011; County, Arizona; Todd Entrekin, Sheriff, Etowah H.R. 802, to direct the Secretary of Veterans Affairs County, Alabama; and Gomecindo Lopez, Com- to establish a VetStar Award Program; H.R. 1657, mander, Special Operations Bureau, El Paso County to amend title 38, United States Code, to revise the Sheriff ’s Office, Texas. enforcement penalties for misrepresentation of a THREAT TO THE U.S. HOMELAND business concern as a small business concern owned EMANATING FROM PAKISTAN and controlled by veterans or as a small business Committee on Homeland Security: Subcommittee on concern owned and controlled by service-disabled Counterterrorism and Intelligence held a hearing en- veterans; and legislation regarding the five year ex- titled ‘‘The Threat to the U.S. Homeland Emanating tension of Housing Grant Authority under Section from Pakistan.’’ Testimony was heard from public 2102A of Title 38. Testimony was heard from Rep- witnesses. resentative Weiner and public witnesses. DEPARTMENT OF JUSTICE LEGISLATIVE MEASURES Committee on the Judiciary: Full Committee held a Committee on Veterans’ Affairs: Subcommittee on Dis- hearing on the Department of Justice. Testimony ability Assistance and Memorial Affairs held a hear- was heard from Eric Holder, Attorney General, De- ing on the following: H.R. 811, Providing Military partment of Justice. Honors for our Nation’s Heroes Act; H.R. 1407, Veterans’ Compensation Cost-of-Living Adjustment PRESIDENTIAL RECORDS IN THE NEW Act of 2011; H.R. 1441, to amend title 38, United MILLENNIUM States Code, to codify the prohibition against the Committee on Oversight and Government Reform: Full reservation of gravesites at Arlington National Cem- Committee held a hearing entitled ‘‘Presidential etery, and for other purposes; H.R. 1484, Veterans Records in the New Millennium: Updating the Pres- Appeals Improvement Act of 2011; H.R. 1627, to idential Records Act and Other Federal Record- amend title 38, United States Code, to provide for keeping Statutes to Improve Electronic Records Pres- certain requirements for the placement of monu- ervation.’’ Testimony was heard from Brook ments in Arlington National Cemetery, and for other Colangelo, Chief Information Officer, White House purposes; H.R. 1647, Veterans’ Choice in Filing Act Office of Administration, Executive Office of the of 2011; and H. Con. Res. 12, Expressing the sense President; and David S. Ferriero, Archivist of the of Congress that an appropriate site on Chaplains United States, National Archives and Records Ad- Hill in Arlington National Cemetery should be pro- ministration. vided for a memorial marker to honor the memory

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Ensher, of California, to be Ambassador to the People’s fits Administration, Department of Veterans Affairs; Democratic Republic of Algeria, all of the Department of and public witnesses. State, 2:45 p.m., SD–419. Committee on Homeland Security and Governmental Affairs, CONSOLIDATED CRYPTOLOGIC PROGRAM to hold hearings to examine securing the border, focusing House Permanent Select Committee on Intelligence: Full on progress at the Federal level, 10 a.m., SD–342. Committee held a hearing on Consolidated Committee on the Judiciary, to hold an oversight hearing Cryptologic Program FY2012 Budget Overview. to examine the Department of Justice, 10 a.m., SD–226. This was a Closed hearing. Testimony was heard Full Committee, to hold hearings to examine the from departmental witnesses. nominations of John Andrew Ross, to be United States District Judge for the Eastern District of Missouri, Tim- othy M. Cain, to be United States District Judge for the Joint Meetings District of South Carolina, Nannette Jolivette Brown, to be United States District Judge for the Eastern District No joint committee meetings were held. of Louisiana, Nancy Torresen, to be United States District f Judge for the District of Maine, and William Francis Kuntz II, to be United States District Judge for the East- COMMITTEE MEETINGS FOR WEDNESDAY, ern District of New York, 2:30 p.m., SD–226. MAY 4, 2011 Committee on Veterans’ Affairs, business meeting to con- sider the nominations of Allison A. Hickey, of Virginia, (Committee meetings are open unless otherwise indicated) to be Under Secretary for Benefits, and Steve L. Muro, of California, to be Under Secretary for Memorial Affairs, Senate both of the Department of Veterans Affairs, Time to be announced, Room to be announced. Committee on Appropriations, Subcommittee on Depart- Select Committee on Intelligence, with the Committee on ments of Labor, Health and Human Services, and Edu- Armed Services, to receive a joint closed briefing on cer- cation, and Related Agencies, to hold hearings to examine tain intelligence matters from officials of the intelligence proposed budget estimates for fiscal year 2012 for the community, 10 a.m., SVC–217. Department of Labor, 10 a.m., SD–124. Subcommittee on Financial Services and General Gov- House ernment, to hold hearings to examine proposed budget estimates and justification for fiscal year 2012 for the Committee on Agriculture, Full committee, markup of Commodity Futures Trading Commission and for the Se- H.R. 1573, to facilitate implementation of title VII of curities and Exchange Commission, 10 a.m., SD–138. the Dodd-Frank Wall Street Reform and Consumer Pro- Subcommittee on Energy and Water Development, to tection Act, promote regulatory coordination, and avoid hold hearings to examine proposed budget estimates and market disruption, 10 a.m., 1300 Longworth. justification for fiscal year 2012 for the National Nuclear Subcommittee on Livestock, Dairy, and Poultry—Pub- Security Administration, 2:30 p.m., SD–192. lic, hearing to review the state of the pork industry, 2 Committee on Armed Services, with the Select Committee p.m., 1300 Longworth. on Intelligence, to receive a joint closed briefing on cer- Committee on Appropriations, Subcommittee on Interior, tain intelligence matters from officials of the intelligence Environment and Related Agencies, Native American community, 10 a.m., SVC–217. public witness hearing, 9:30 a.m., B–308 Rayburn. Subcommittee on Personnel, to resume hearings to ex- Subcommittee on Commerce, Justice, Science, and Re- amine the Active, Guard, Reserve, and civilian personnel lated Agencies, hearing on Office of Science and Tech- programs in review of the Defense Authorization Request nology Policy FY 2012 Budget, 10 a.m., H–309 Capitol. for fiscal year 2012 and the Future Years Defense Pro- Committee on Armed Services, Subcommittee on Military gram, 2 p.m., SR–222. Personnel, markup on H.R. 1540, to authorize appropria- Subcommittee on Strategic Forces, to hold hearings to tions for fiscal year 2012 for military activities of the De- examine implementation of the New START Treaty and partment of Defense and for military construction, to pre- plans for future reductions in nuclear warheads and deliv- scribe military personnel strengths for fiscal year 2012, ery systems post-New START Treaty; with the possi- and for other purposes. 10:30 a.m., 2212 Rayburn. bility of a closed session in SVC–217 following the open Subcommittee on Emerging Threats and Capabilities, session, 2:30 p.m., SR–232A. markup on H.R. 1540, to authorize appropriations for Committee on Finance, to hold hearings to examine fiscal year 2012 for military activities of the Department budget enforcement mechanisms, 10 a.m., SD–215. of Defense and for military construction, to prescribe

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military personnel strengths for fiscal year 2012, and for Committee on the Judiciary, Subcommittee on Courts other purposes. Noon, 2118 Rayburn. Commercial and Administrative Law, hearing on Cost- Subcommittee on Strategic Forces, markup on H.R. Justifying Regulations: Protecting Jobs and the Economy 1540, to authorize appropriations for fiscal year 2012 for by Presidential and Judicial Review of Costs and Benefits, military activities of the Department of Defense and for 1:30 p.m., 2141 Rayburn. military construction, to prescribe military personnel Subcommittee on Intellectual Property, Competition strengths for fiscal year 2012, and for other purposes. and the Internet, hearing on ICANN Generic Top-Level 1:30 p.m., 2212 Rayburn. Domains (gTLD), 10 a.m., 2141 Rayburn. Subcommittee on Tactical Air and Land Forces, mark- Committee on Natural Resources, Subcommittee on Na- up on H.R. 1540, to authorize appropriations for fiscal tional Parks, Forests and Public Lands, markup on the year 2012 for military activities of the Department of De- following: H.R. 241, to authorize the conveyance of cer- fense and for military construction, to prescribe military tain National Forest System lands in the Los Padres Na- personnel strengths for fiscal year 2012, and for other tional Forest in California; H.R. 290, War Memorial Pro- purposes. 3:30 p.m., 2118 Rayburn. tection Act; H.R. 320, Distinguished Flying Cross Na- Committee on Education and the Workforce, Subcommittee tional Monument; H.R. 441, Kantishna Hills Renewable on Workforce Protections, hearing on Modernizing Mine Energy Act of 2010; H.R. 643, Sugar Loaf Fire Protec- Safety, 10 a.m., 2175 Rayburn. tion District Land Exchange Act; H.R. 686, Utah Na- Committee on Energy and Commerce, Subcommittee on tional Guard Readiness Act; H.R. 765, Ski Area Rec- Commerce, Manufacturing, and Trade, hearing entitled reational Opportunity Enhancement Act of 2011; H.R. ‘‘The Threat of Data Theft to American Consumers.’’ 850, to facilitate a proposed project in the Lower St. 9:30 a.m., 2322 Rayburn. Subcommittee on Energy and Power and the Sub- Croix Wild and Scenic River, and for other purposes; committee on Environment and the Economy, joint hear- H.R. 944, to eliminate an unused lighthouse reservation, ing entitled ‘‘The Role of the Nuclear Regulatory Com- provide management consistency by incorporating the mission in America’s Energy Future.’’ 9:30 a.m., 2123 rocks and small islands along the coast of Orange County, Rayburn. California, into the California Coastal National Monu- Committee on Financial Services, Subcommittee on Finan- ment managed by the Bureau of Land Management, and cial Institutions, markup on the following: H.R. 1121, meet the original Congressional intent of preserving Or- Responsible Consumer Financial Protection Regulations ange County’s rocks and small islands, and for other pur- Act of 2011; H.R. 1315, Consumer Financial Protection poses; H.R. 1022; Buffalo Soldiers in the National Parks Safety and Soundness Improvement Act of 2011; and leg- Study Act; and H.R. 1141, Rota Cultural and Natural islation to postpone the date for the transfer of functions Resources Study Act. 10 a.m., 1334 Longworth. to the Bureau of Consumer Financial Protection if the Subcommittee on Water and Power, hearing entitled Bureau does not yet have a Director in place. 10 a.m., ‘‘Protecting Federal Hydropower Investments in the 2128 Rayburn. West: A Stakeholder’s Perspective,’’ 10 a.m., 1324 Long- Subcommittee on Capital Markets continued markup worth. of the following: H.R. 1070, Small Company Capital For- Committee on Oversight and Government Reform, Sub- mation Act of 2011; H.R. 1062, Burdensome Data Col- committee on National Security, Homeland Defense and lection Relief Act; H.R. 33, to amend the Securities Act Foreign Operations, hearing entitled ‘‘Is This Any Way of 1933 to allow church plans to invest in collective to Treat Our Troops? Part III: Transition Delays.’’ 9:30 trusts; H.R. 940, United States Covered Bonds Act of a.m., 2154 Rayburn. 2011; H.R. 1082, Small Business Capital Access and Job Committee on Rules, Full Committee, hearing on H.R. Preservation Act; H.R. 1539, Asset-Backed Market Sta- 1229, Putting the Gulf of Mexico Back to Work; and bilization Act of 2011; and H.R. 1610, Business Risk H.R. 1230, Restarting American Offshore Leasing Now Mitigation and Price Stabilization Act of 2011. 9:15 Act, 3 p.m., H–313, Capitol. a.m., 2128 Rayburn. Committee on Science, Space, and Technology, Full Com- Committee on Homeland Security, Full Committee, hearing mittee, markup of H.R. 1425, Creating Jobs Through entitled ‘‘Securing Our Nation’s Mass Transit Systems Small Business Innovation Act of 2011, 10 a.m., 2318 Against a Terrorist Attack.’’ 10 a.m., 311 Cannon. Rayburn. Subcommittee on Transportation Security, markup on Committee on Transportation and Infrastructure, Full Com- legislation on the MODERN Security Credentials Act, 2 mittee, hearing on Stimulus Status: Two Years and p.m., 311 Cannon. Counting, 10 a.m., 2167 Rayburn.

VerDate Mar 15 2010 04:32 May 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY1.REC D03MYPT1 jbell on DSKDVH8Z91PROD with DIGEST D444 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, May 4 10 a.m., Wednesday, May 4

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Complete consideration of morning business (not to extend beyond 12 noon), Senate H.R. 1214—To repeal mandatory funding for school- will resume consideration of S. 493, SBIR/STTR Reau- based health center construction. Consideration of H.R. thorization Act, and at 12 noon, Senate will vote on the 3—No Taxpayer Funding for Abortion Act (Subject to a motion to invoke cloture on S. 493, and if cloture is not Rule). invoked on the bill, Senate will immediately vote on the motion to invoke cloture on the nomination of John J. McConnell, Jr., of Rhode Island, to be United States Dis- trict Judge for the District of Rhode Island.

Extensions of Remarks, as inserted in this issue

HOUSE Hunter, Duncan, Calif., E791 Pallone, Frank, Jr., N.J., E789 Issa, Darrell E., Calif., E798 Paul, Ron, Tex., E793 Baca, Joe, Calif., E785 Kildee, Dale E., Mich., E790, E795, E798 Perlmutter, Ed, Colo., E790, E790, E791, E791, E792, Baldwin, Tammy, Wisc., E788 Kucinich, Dennis J., Ohio, E785, E786, E787, E788, E792, E793, E794, E795, E796 Bonner, Jo, Ala., E799 E788, E789, E797 Rangel, Charles B., N.Y., E794 Boswell, Leonard L., Iowa, E788 Lee, Barbara, Calif., E786, E793, E796 Schakowsky, Janice D., Ill., E795 Engel, Eliot L., N.Y., E787, E798 Lucas, Frank D., Okla., E799 Fleischmann, Charles J. ‘‘Chuck’’, Tenn., E788 Lynch, Stephen F., Mass., E792 Speier, Jackie, Calif., E794, E795 Gallegly, Elton, Calif., E790 McDermott, Jim, Wash., E798 Stark, Fortney Pete, Calif., E787 Gerlach, Jim, Pa., E785 Maloney, Carolyn B., N.Y., E794 Tipton, Scott R., Colo., E789 Gibson, Christopher P., N.Y., E792 Marchant, Kenny, Tex., E791, E795 Webster, Daniel, Fla., E797 Griffin, Tim, Ark., E793 Matsui, Doris O., Calif., E786, E792, E796 Weiner, Anthony D., N.Y., E790 Guthrie, Brett, Ky., E789 Michaud, Michael H., Me., E789, E798 Young, Todd C., Ind., E786 Hirono, Mazie K., Hawaii, E800 Moore, Gwen, Wisc., E797

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